Affiliate/SEM Code of Conduct of SPARK
1.Target group
The Service Provider and its Publishers and Affiliates shall ensure its services are aimed at SPARK’s typical customers, whose main characteristics are as follows:
- Single;
- 30 years +;
- High income earner/Career professional.
2.Placement of advertising material
In order to attract the correct target group, the Service Provider and its Publishers and Affiliates shall focus its services in the following areas:
- Dating comparison websites;
- Dating websites, offering an additional premium service;
- Chat websites;
- Banner networks;
- Communities;
- Email publisher (subject to obtaining SPARK’s prior written consent. Paid mailers are, however, prohibited);
- Facebook ads (subject to obtaining SPARK’s prior written consent as evidenced by a separate agreement);
- Retargeting (subject to obtaining SPARK’s prior written consent as evidenced by a separate agreement);
- Coupon websites, cashback websites (subject to obtaining SPARK’s prior written consent as evidenced by a separate agreement);
The Service Provider and its Publishers and Affiliates are expressly forbidden from using any of the following:
- Websites with political, religious, pornographic, violent, racist, sexist, homophobic content, or with content which otherwise promotes discrimination, hatred, harassment or harm against any individual or group;
- Software and Toolbars: context browser redirect applications, contextual advertising applications and rebate applications are not allowed;
- Post view;
- Cookie dropping/Cookie stuffing;
- Pop-up, site-under;
- Brand hijacking;
- Spyware, adware;
- Typo squatting; and
- Incentivized traffic
3.SEM Guidelines
3.1 In conducting search engine marketing (SEM), the Service Provider and its Publishers and Affiliates are prohibited from:
- using as a keyword in any matchtype in SEM campaigns any brand name and/or protected and/or registered trademark of the SPARK group, including but not limited to “EliteSingles”, as well as any and all associated typos and misspellings;
- using SPARK’s websites, including but not limited to, “www.elitesingles.com”, “www.elitesingles.ca”, “www.elitesingles.co.uk” as the display URL. Direct linking from search engines is not allowed;
- using any protected and/or registered trademarks and brand names of any entity, including SPARK’s competitors and any other market player, as a search term or key word.
3.2 Regarding the use of SPARK’s protected and/or registered trademark “ELITE RENCONTRE” the following rules apply:
- The following Terms are hereinafter referred to as the Prohibited Terms:
- “ELITE CONNEXION”;
- “ELITE CONNECTION”;
- “agence matrimonial”;
- “agence matrimoniale haut de gamme”;
- “club de rencontre”;
- “club de rencontre haut de gamme”;
- “agence de rencontre”;
- “agence de rencontre haut de gamme”.
The purchase or use of the Prohibited Terms as keywords on any web search engine is not allowed.
- Keywords identical to the Prohibited Terms shall be excluded from any associated match, including a broad match in Google AdWords.
3.3 The use of SPARK’s French registered trademark “ELITE DATING” shall not be used in France. In particular, in advertising for Belgian customers within French territory.
4.Approval of creatives
All creatives, such as banners, e-mailings, prelanders etc., tracking links, subject lines and sender of a mailing shall be approved by SPARK before any use.
5.E-Mailings
Terms:
- E-Mailings shall not be sent in the name of SPARK. The stated sender shall not create the impression that the e-mailing has been directly sent by SPARK. By e-mailings, expressions like ‘Publisher via EliteSingles’ shall be used.
- No use of deceptive subject lines. Subject lines must accurately reflect the content of the message. All subject lines and sender names to be approved by SPARK.
- Messages must be identified as an advertisement, which must be clear from the message content.
- The publisher (or its network partner for that matter) shall be considered the sender of the e-mail and must agree to comply with all sender requirements under the CAN-Spam Act – or equivalent country relevant regulations –, such as telling the recipients where the sender is located and must include a valid postal address.
- All email communication must tell the recipients clearly how to opt-out of receiving future e-mails. The minimum requirements is that the sender of an e-mail must include one opt-out. If there are multiple senders in an e-mail, one must be designated as sender for CAN-SPAM purposes – or equivalent country relevant regulations.
- An opt-out link has to be provided with all emails and any opt-out request has to be honored promptly. Opt-out request should be processed for at least 30 days after the message was sent and should be processed within 7 days after the opt-out was activated.
- Up-to- date suppression lists that might be submitted by Spark have to be honored and immediate suppression must be initiated. All lists must be scrubbed by the publisher (and its network partners or that matter) before the mailing goes out.
- The Service provider must ensure (and must ensure that its partners do the same) that any website from which data are obtained contain an opt-in mechanism, a privacy policy and a clear and easily accessible hyperlink to a privacy policy. The privacy policy must state an effective date, clearly notify the consumer about the type of personal data collected by the website, clearly notifying the consumer about how the information they provide might be used, specifically that the personal data collected maybe be shared with third parties for email marketing purposes and informing consumers about their right to opt-out of receiving future emails and by what means they can exercise that right. We should have the right to review these data privacy policies and provides comments. Same for the source URL.
6.Tracking links
Service Provider or its Publishers and Affiliates shall only use the tracking links provided by SPARK.
7.Consequences of violation of the Code of Conduct
Any violation of this Code of Conduct shall be deemed a material breach of the contract in accordance with Sec. 4 b of SPARK’s Terms and Conditions and gives rise to the liability set forth in Sec. 12 of SPARK’s Terms and Conditions.