ACCEPTABLE USE POLICY REGARDING ADWARE MARKETING
Latest Update: NOVEMBER 30, 2014.
This Adware Acceptable Use Policy ("Adware AUP") describes the proper kinds of conduct and prohibited uses of the services in relation to downloadable software marketing (hereinafter collectively referred to as “The Services”) of InstantDollarz Incorporated and its subsidiaries, divisions and related web sites (hereinafter collectively referred to as “IDz”), as described and subscribed to pursuant to the Terms and Conditions Agreement (“Agreement”) and the Mobile, Email and Search AUPs, also available on this website. The Adware AUP is not exhaustive and IDz reserves the right to modify the Adware AUP at any time, effective upon posting of the modified Email AUP to www.instantdollarz.com. By registering for and using the Services, and thereby accepting the binding terms and conditions of the Agreement, you agree to abide by the Adware AUP as modified from time to time. Any violation of the Adware AUP may result in the suspension or termination of your account and such other action as IDz deems appropriate.
The Agreement states the minimum standards that You and Your Affiliated Third Parties must adhere to in light of current laws, rules and regulations governing, and industry best practices applicable to, the transmission of downloadable software. Downloadable software includes so-called adware, pop-up and pop-under technologies, plug-ins and other software items (hereinafter collectively referred to as "Adware"). In the event that any state or federal law, rule or regulation governing the transmission of downloadable software is enacted or amended setting forth standards more restrictive than those set forth herein, the more restrictive standards contained in such subsequently enacted or amended law, rule or regulation shall apply to You and Your Affiliated Third Parties.
Where authorized by both IDz and the applicable advertiser, the following terms and conditions apply to all Adware campaigns transmitted by you on behalf of such Advertiser(s). IDz will allow Adware to be transmitted by you in connection with any campaign where IDZ and advertiser have provided express written authorization for Adware marketing. All Adware must comply with (a) all applicable laws and regulations that govern Adware marketing and (b) any regulations promulgated by the Federal Trade Commission. Prior to your coupling any campaign with Adware, IDz and the applicable advertiser must first approve such Adware as evidenced by IDz counter-signing that copy of the IDZ Adware Agreement (“Adware Agreement”) as previously signed and submitted by you covering the subject Adware; provided, however, that any such Adware Agreement shall only permit use of the Adware with those designated campaigns as specifically set forth in the Adware Agreement. No other Adware shall be permitted, nor may you use the approved Adware in connection with any other campaign without prior authorization. IDz and/or the applicable advertiser may reject Your request to use Adware in connection with any campaign and/or terminate Your use of authorized Adware at any time and for any reason, in the joint discretion of IDz and the applicable advertiser. As referenced herein and throughout the Agreement, the terms “reasonable” and “unreasonable” shall be judgments made by IDz and, where applicable, advertiser, and no other party. IDz and, where applicable, Advertiser, reserve the right to decide reasonability with regards to any of these conditions set forth herein.
Unless specifically allowed on the offer description or in writing by InstantDollarz staff, publishers may not market campaigns using adware. Any violation of this rule will result in immediate removal from the Publisher Program.
All Adware transmitted by you must, at a minimum, comply with all applicable laws relating thereto and adhere to the following obligations, as determined by IDz and, where applicable, Advertiser, in their joint and exclusive discretion:
• Informed User Consent: Adwaree must not be installed on a user’s computer without first obtaining the user’s informed consent. Obtaining informed consent requires first giving users clear, concise, accurate information and notice about the material consequences of the programs that they are about to install in plain language including, without limitation: (i) a comprehensive license presented in full; (ii) the Downloadable Software vendor’s legal name, mailing address, phone number and place of incorporation (if any); (iii) a statement of effect of installation including, without limitation, any changes made to computer settings such as home page, connection provider, proxy, bookmarks, etc.; (iv) a statement of the information tracked, transmitted and/or collected, if any; (v) full-size examples of advertisements that they may receive as a result of downloading the Downloadable Software, if any; and (vi) disclosures of the frequency of advertisement display, as applicable. Such information and notice provided to the user must: (i) appear in a conspicuous manner, clearly distinguished from other on-screen text; (ii) remain on screen until the user grants or denies consent; and (iii) provide an option for providing additional explanation about the type of information to be collected, if any, and the purpose of such collection. The plain language used in the notice shall not be indirect or euphemistic. For example, without limitation: (i) if a program will show pop-up advertisements, proper notice and informed consent generally require use of the phrase “This program will show pop-up advertisements”; (ii) if a program will gather and transmit information about the user, the notice should read “This program will collect and transmit information about you”; or (iii) if the program uses information collected to target advertising to the user, the notice should read, “This program will collect information about Web pages that you access and will use that information to display advertising on your computer.” Obtaining informed consent also requires a clear, unambiguous and affirmative manifestation of consent (for example: requiring a user to press an appropriate affirmative button such as “I agree” and not merely pressing “Next” or accepting a pre-checked box). There must be a separate manifestation of consent for each item of Adware loaded on to the user’s computer, and Publisher is prohibited from downloading a bundle of programs after receiving only one indication of consent. Without limitation, an ActiveX installation prompt (with nothing more) is not deemed to have obtained informed consent.
• Control Over the Distribution Process: The Adware installation directions and procedures must comply with the requirements set forth in this AUP. You, as a Publisher, must require that all distributors of the applicable Adware comply with these rules. One method of establishing and maintaining such distributor compliance is to mandate in Your agreements with distributors that they comply with the provisions set forth in this AUP and that each such distributor has established and maintained a record of effective AUP compliance, yielding no substantial violations related to the applicable Adware for a period of at least six (6) months or more.
• Consistency of the Offer: Ongoing and continuing use of Adware must not surprise users with notices, disclosures or behaviors inconsistent with the applicable Downloadable Software’s initial solicitation, disclosures and notices. For example, if the applicable Adware’s initial solicitation described the underlying software program as offering “free smileys,” the applicable program cannot later add the requirement that users also accept pop-up advertisements.
• Appropriateness of the Offer: Adware must not solicit users via improper channels. Without limitation, solicitation on websites that are substantially intended for viewing by children is considered inappropriate and prohibited by IDz and this Adware AUP. Children’s websites may be identified via website language and/or formatting, common sense and/or factors established in Federal Trade Commission regulations including, but not limited to, the Children’s Online Privacy Protection Act (“COPPA”). IDz expressly reserves the right to make the final determination as to the character and intended audience of any and all websites. Without limitation, solicitations substantially catering to children (e.g., cartoons, dolls, child-oriented games, etc.) are not appropriate. Without limitation, solicitations are not appropriate at any website not satisfying the requirements of Section 2 of the Terms and Conditions.
• Fair Value to Users: Adware must offer users a genuine, substantial benefit in exchange for the consideration represented by accepting the underlying advertisements (the “Benefit”). If the Adware merely shows advertisements, without offering anything substantial in return (no Benefit), it is unlikely that the underlying software program offers users a fair value. If the underlying software program’s claimed Benefit is otherwise generally available elsewhere at no cost, the program is unlikely to offer users a fair value. If the underlying software program’s claimed Benefit is a mere trinket or triviality, the program is unlikely to offer users a fair value. If a program’s advertisements appear whenever a user uses his computer, or whenever a user uses his web browser, even if the user never makes use of the program’s Benefit, then the program may not offer users a fair value. Company reserves the right to determine, in its sole discretion, if the Adware’s claimed Benefit represents a fair value to users.
• Transparency in Operation: Users must easily be able to identify and understand the nature of the Adware’s effects both prior to, and after, installation. If the Adware displays advertisements outside of its program window, each such advertisement must be labeled with the Adware program name. Each such advertisement must include a link, button or other mechanism whereby a user can learn more about: (i) the Adware presenting said advertisement; (ii) the specific manner in which the Adware was installed (including what offer is associated with that Adware); (iii) the specific date and time that the Adware was installed; and (iv) how the Adware can be removed (including a removal feature requiring not more than two (2) additional clicks). Without limiting the generality of the foregoing, the Adware and associated information, disclosures and notice, must not: (i) falsely claim that the Adware will be disabled by the user's actions; (ii) remove or disable security software; or (iii) take control of the computer (by accruing dial-up charges, or by opening a series of advertisements that can only be stopped by turning off the computer).
• Advertising Frequency and Intrusiveness: Adware must not show advertisements that are unreasonably frequent or unreasonably intrusive. IDz reserves the right to determine, in its sole discretion, if the Adware’s advertising frequency and/or intrusiveness is reasonable.
• Advertising Placement.Each advertisement shown via the Adware must appear entirely on-screen, with no portion of its body or title bar off-screen. Each advertisement shown via the Adware must be reasonable in size, and may not unreasonably cover (or reduce the visible area of) any underlying web page that a user had requested. An advertisement shown via the Adware may not wholly replace, or redirect a user away from, the page or website that the user had requested. Advertisements triggered in response to the user’s attempt to access a specific web address or search of a trademark are strictly prohibited absent the express consent of the applicable website and/or trademark owner, as applicable.
• Advertising Dismissal: Each advertisement shown via the Adware must be closable by a user using ordinary operating system functions. Without limitation, on standard Windows operating PCs, freestanding advertising windows (“pop-up” and “pop-under”) must be closable by clicking the upper-right hand corner “X,” the upper-left hand corner “Control Menu,” the Alt-F4 key, right-clicking on the applicable advertisement’s title bar (and choosing “Close”) and/or right clicking a Taskbar entry (and choosing “Close”). This ability to close such advertisements must be accompanied by an option to facilitate the removal of the Adware itself at each instance of advertisement presentation.
• Legitimate Advertising Formats: Adware must not display advertising in illegitimate formats, outside of ordinary commercial norms. Without limitation, each of the following advertising formats requires special explicit user consent, which shall consist of a specific question to the user, clearly articulating the specific action to be taken and which must allow the user to grant or deny consent without any collateral consequences: (i) placing icons on a user’s desktop or “Start Menu” (or similar location); (ii) directly routing the user to specific websites; and/or (iii) adding entries to a user’s “Favorites” menu (or similar location). Adware may not be used to attack another program, to record a user’s passwords, or to send bulk e-mail to other users.
• User information and support: The maker of the applicable Adware must maintain a website that provides information about such program, its general purposes and effects and how it can be removed from a user’s computer. The website must provide, at a minimum, the vendor’s legal name, mailing address, phone number and place of incorporation (if any). The website must include an adequate and reasonable mechanism for users to obtain technical support for issues such as troubleshooting and removing the Downloadable Software.
• Removal: A user must be able to remove Adware via the standard function within the user’s operating system (e.g. Control Panel – Add or Remove Programs). A removal procedure must be free of cost and may not unreasonably hinder removal, e.g. via extended procedures, convoluted language or confusing user interface elements or placement.
• Appropriate Naming: Adware must use a consistent, single, clear name. That name must be shown in the Adware program’s initial advertising (i.e. to recruit users), in its installation notice and consent procedures, on any advertising and in its uninstall procedure. An Adware program may not use multiple names within the scope of its relationship with a single user. An Adware program may not change its name unreasonably frequently (including, without limitation, more than once per twelve-month period). The company responsible for producing and/or distributing the applicable Adware may not use an unreasonably high number of product names or brand names in its dealings with multiple users. The entity responsible for producing and/or distributing the applicable Adware may not use an unreasonably high number of product names or brand names to obfuscate, hide or otherwise confuse its identity. Campaign names, and company names, may not be substantially misleading, confusing, duplicative, generic or hard to locate via a standard search (e.g. “Windows Plugin,” “Search Toolbar,” “Click Yes”).
• Appropriate Advertisements: IDz strictly forbids the display of sexually-explicit materials via the Adware. No Adware may display content that fails to satisfy all of the requirements of the Terms and Conditions.
• Advertiser Knowledge and Consent: The applicable advertisers’ Creative and/or Offers should not appear in Adware except when such Advertisers specifically approve of those placements. IDz creative and/or offers may not be displayed within third-party traffic purchases from Adware (whether in the form of pop-ups, pop-unders or via any other media).
• Fair Treatment of Other Publishers: Adware must not reduce payments paid to other publishers of IDz. Without limitation, Adware must not interfere with a transaction in which another publisher is to receive payment.
• Keeping Good Company: Adware must not come bundled with programs that violate the terms and conditions of the Agreement.
• A Clear History: The Adware and such Adware’s vendor, must each have a strong track record of compliance with the terms and conditions of this Adware AUP, as well as applicable laws, rules, regulations and industry standards during, at a minimum, the course of the twelve (12) months preceding the submission, by you, of a Adware Agreement. Without limitation, even non-trivial violations within the preceding twelve (12) months will generally render Adware ineligible for campaign consideration. For certain Adware and certain types of violations, prior violations may render the Adware ineligible for campaign consideration even if the violations occurred more than twelve (12) months in the past, as determined in the sole discretion of Company.
• Truthfulness: The applicable Adware’s vendor must be clear, complete and forthcoming in all statements to IDz, its advertisers and end users. IDz shall determine, upon IDz initial investigation of the applicable Adware’s installation procedure and operation, whether the applicable Adware’s vendor is in compliance with these requirements, and any other requirement set forth in the Agreement. If the Adware’s operation changes (or is expected to change) in any substantial way, including in any way that could affect compliance with any of these AUP rules, the Adware’s vendor must notify IDz at the earliest possible opportunity. If the Adware’s vendor learns of any breach of these AUP rules, the vendor must notify IDz immediately.