While we carefully consider every application submitted to us, applications are typically rejected for the following reasons: (1) incomplete or false contact information, (2) invalid business or personal Tax ID (US affiliates only), (3) failure to disclose promotional methods (4) unacceptable Web site content, including promotion of activity considered illegal in the United States, and (5) an inability to verify Web site(s), phone number(s), and e-mail(s). Therefore, to increase the likelihood of becoming an affiliate please fill out this application fully and honestly. Fraudulent activity is not tolerated and will result in immediate account suspension and reversal of commissions.
Standards. Publisher represents and warrants that all promotional means utilized by Publisher (a) will not contain objectionable content (including but not limited to content that is misleading, illegal, and/or promoting illegal goods, services or activities), and (b) will not mislead others. You further represent and warrant that the content of Your website and e-mails do not promote, advocate, facilitate or otherwise include any of the following: (i) hate speech or material that discriminates on the basis of race, ethnicity, gender, age, disability, religion or sexual orientation; (ii) investment, money-making opportunities or advice not permitted under law; (iii) violence or profanity; (iv) pornographic, obscene, sexually explicit or related content; (v) material that defames, abuses, is libelous, is tortuous or threatens physical harm to others; (vi) material that displays any telephone numbers, street addresses, last names, URLs, e-mail addresses, any confidential information or any other personally identifiable information of any third person; (vii) material that impersonates any person or entity; (viii) any indication that any statements You make are endorsed by Eclectic Goods and/or an Advertiser, without our and/or Advertiser's express prior written consent; (ix) promotion of illegal substances or activities (e.g., illegal narcotics, how to build a bomb, counterfeiting money); (x); content which is inappropriate or harmful to children; (xi) promotion of terrorism or terrorist-related activities, sedition or similar activities; (xii) software pirating (e.g., warez, hotline); (xiii) hacking or phreaking; (xiv) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (xvi) any software, product or service that harvests or collects the personal information of Internet users, whether or not for commercial purposes, without the express consent of such users; (xvii) any spoofing, redirecting or trafficking from other websites in an effort to gain traffic; (xviii) any content that infringes upon the intellectual property rights of any third party or any other right including, without limitation, false advertising, unfair competition, invasion of rights of publicity or privacy; (xix) illegal forms of gambling, contests, lotteries, raffles, or sweepstakes; (xx) any material that violates CAN-SPAM or any similar or comparable laws in any other country or jurisdiction in which You operate; or (xxi) any illegal activity whatsoever (including any violations of applicable U.S. state or federal law or regulation, Canadian provincial or federal law or the laws of any other country or jurisdiction in which You operate). Our Transparency Department may review Publisher information, conduct and any suspected fraudulent, abusive or otherwise illegal content or activity. Any validated breach of this Section is grounds for immediate termination of this Agreement, forfeit of Publisher Fees, and deactivation of Publisher's account.
d. Promotional Method Restrictions. Publisher agrees that it shall comply with all laws and regulations and will not engage in spamming, unlawful mass emailing or any unapproved emailing or in any way fail to comply with the CAN SPAM Act of 2003, 15 U.S.C. 7701, et seq., as amended, or any comparable laws, rules or regulations in any country from or to which Publisher is accessing the Site or the Services or participating in any Advertiser Program, that govern email marketing and advertising. Publisher agrees that its promotional activities will not infringe on the Advertiser's intellectual property rights, including but not limited to copyright and trademark rights.
Publisher shall not perform trademark bidding or direct linking on search engines including on Google, Yahoo and MSN, when the applicable Advertiser Program prohibits such activity. By "direct linking" this agreement refers to sending traffic directly from the search engine to the Advertiser website without use of an intermediary landing page.
We reserve the right at any time to further restrict what activities are considered valid and will entitle Publisher to Publisher Fees under this Agreement. We reserve the right to withhold, refuse or withdraw approval of any websites, email distribution lists and/or marketing channels for any reason, whatsoever, in our sole discretion. Only Publisher's websites, e-mail distribution lists or other marketing channels that have been reviewed and approved by us may be utilized in connection with the Site and Service.
e. Creative and Tags. Publisher shall not alter, modify or otherwise change the creative content, links and code used to create the advertisements, text link, banner ad or coupon ("Creative"), or any Creative-related feature, that it obtains access to in connection with any Advertiser Program in any manner whatsoever, without our prior express written consent.
PUBLISHER AGREES TO REVIEW THE AVAILABILITY OF CREATIVE THAT IT HAS PLACED WITHIN ITS MEDIA ON A DAILY BASIS. IT IS THE PUBLISHER'S RESPONSIBILITY TO CHANGE CREATIVE WITHIN ITS MEDIA WHEN THE CREATIVE IS NO LONGER AVAILABLE ON THE SITE. We ASSUME NO RESPONSIBILITY TO NOTIFY PUBLISHER WHEN A SPECIFIC CREATIVE IS NO LONGER AVAILABLE ON THE SITE.
In addition, Site integration tags and tracking pixels ("Tags") included in the Creative or otherwise incorporated may not be altered under any circumstances. We employ a testing system to determine whether You have removed or altered the Tags. Altering, removing or disabling Tags may jeopardize Your ability to be paid for Transactions and is grounds for immediate termination of Your Publisher account, with or without notice. You will not, nor knowingly permit any person to, activate Creatives or inflate the amount of Transactions through any deceptive or misleading practice, method or technology including, but not limited to, the use of any spyware, device, program, robot, Iframes, hidden frames, redirects, spiders, computer script or other automated, artificial or fraudulent methods designed to appear like an individual, real live person performing an Transaction.
f. Personally Identifiable Information of Visitors. Publisher represents and warrants that Publisher will not enable the tracking code to collect personally identifiable information of Customers or potential Customers that would allow You to personally identify such Customer or potential Customer.
g. Privacy Policies. You will ensure that any and all websites employed by You in connection with Your participation in any Advertiser Programs will feature an easy-to-understand privacy policy, linked, at a minimum, conspicuously from such website's home page, with a link that contains the word "Privacy", "Legal", "Terms" or similar language. Such privacy policy shall, in addition to the disclosures about Your privacy practices, identify the collection, disclosure and use of any information related to an end user that You provide or may provide to us and to any Advertiser or other websites or persons. Such privacy policy shall also provide information on your use of tracking devices, such as but without limitation to, cookies, including tracking devices enabled by us at your request on your behalf. Your website will also include, where required, information regarding the removal of cookies and other tracking devices.
