CMS PUBLISHER COMPLIANCE GUIDELINES
These Compliance Guidelines ("CG") are intended to help the Publisher understand the types of websites and advertising conduct that CMS believes to be appropriate or inappropriate. Please keep in mind that this CG is intended as a guideline, and not as an exhaustive list of content and conduct that CMS finds appropriate or inappropriate.
Capitalized terms used, but not defined, herein have the respective meanings ascribed to them in the Master Publisher Agreement. In the event of a conflict between the terms and provisions of any other agreement and this CG, the terms and provisions of, first, the CG and, second, the Master Publisher Agreement shall control.
CMS RESERVES THE RIGHT TO CHANGE THE CG AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE.
- LEGAL COMPLIANCE
Publisher shall not violate any applicable foreign or domestic, federal, state or local statutes, laws, ordinances, rules and regulations, or industry standards, including without limitation, CAN-SPAM, the California Anti-Spam Act, CASL, the TCPA, the FTC Act, all FTC rules, regulations, and guidelines, applicable credit card merchant guidelines, the Utah and Michigan "Child Protection Registry" laws, and the UK Data Protection Act.
- CAMPAIGN-SPECIFIC TERMS & CONDITIONS; COMPANY CREATIVE
Campaigns may have campaign-specific terms and conditions. Publisher shall comply with any and all campaign-specific terms & conditions at all times.
Publisher shall only use CMS approved artwork, text, audio, video (hereinafter, "Creative"). Publisher shall not alter, cut, crop, modify, or otherwise change any aspect of any Creative, without CMS's express written approval.
- WEBSITE REQUIREMENTS
Any and all websites that Publisher uses to promote Campaigns must:
- Be fully functional at all levels, with no "under construction" sites or sections;
- Be content-based and not simply a "parked" page or list of links or advertisements;
- Not generate pop-up advertisements, including without limitation "pop-overs" and "pop-unders", when leaving the website;
- Close when instructed, e. when a user seeks to close or otherwise leave the, the website must close down and no other behavior should result;
- Not "mouse trap", e. whereby the website does not permit the use of the browser back-button and thereby traps the user on the website, or whereby the website presents other unexpected behavior, such as re-directing to another advertisement or landing page; and
- Not contain automatic audio that plays without user instigation.
- PROHIBITED CONTENT AND CONDUCT
Prohibited affiliate content and conduct includes, without limitation, content and/or conduct that:
- Infringes the rights, including without limitation the copyright, patent, trademark, trade secret, or other proprietary rights, of any third party, or violates any agreement between Publisher and a current or former employer concerning the intellectual property Publisher create or created during Publisher's employment;
- Is false, misleading, fraudulent, or deceptive;
- Is libelous or defamatory, or violates the privacy or publicity rights of any third party;
- Contains, facilitates, or promotes "spam" or other advertising or marketing content that violates applicable laws, regulations, or industry standards;
- Consists of or contains viruses, Trojan horses, worms, malicious code, or other harmful or destructive content;
- Is "adult" in nature, obscene, lewd, lascivious, filthy, or pornographic, that may constitute child pornography, or that may solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18;
- Depicts excessive violence, contains comments or images that are offensive, abusive, threatening, harassing, or menacing, or that incites, encourages or threatens physical harm against another;
- Promotes or glorifies racial or religious intolerance, uses hate and/or racist terms, or signifies hate towards any person or group of people;
- Advocates the violent overthrow of the government of the United States or other conduct that could constitute fraud or other criminal offense, gives rise to civil liability, or otherwise violates any applicable local, state, national, or foreign law or regulation;
- Glamorizes the use of hard core illegal substances and drugs;
- Advertises: (i) tobacco products, (ii) ammunition, firearms, paintball guns, bb guns, or weapons of any kind, (iii) gambling, including without limitation, any online casino, sports books, bingo, or poker website, (iv) get rich quick or other money making opportunities that offer compensation or financial reward in exchange for little or no investment, (v) adult friend finders or dating sites with a sexual emphasis, (vi) adult toys, videos or other adult products, (vii) spy cams or other illegal surveillance products, and (viii) web-based, non-accredited colleges that offer degrees;
- Promotes pyramid schemes or chain letters;
- Promotes software pirating (e.g. Warez), phreaking, or hacking;
- Promotes or exploits religious, political, or other inflammatory issues for commercial use;
- Depicts a health condition in a derogatory or inflammatory way or misrepresents a health condition in any way;
- Offers incentives (g. cash, points, prizes, contest entries, etc.) to viewers for clicking on the advertisement, for submitting personally identifiable information, or for performing any other tasks;
- Harvests or otherwise collects information about CMS's users;
- Uses or attempts to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the CMS website for any use;
- Frames the CMS website;
- Accesses protected content or data, or accesses or logs onto a secure server or account;
- Attempts to probe, scan, or test the vulnerability of the CMS website, or any other system or network, or breaches security or authentication measures without proper authorization;
- Interferes or attempts to interfere with the use of the CMS website by any other user, host, or network, including, without limitation by means of submitting a virus, overloading, "flooding", "spamming", "mail bombing", or "crashing";
- Uses the CMS website to send unsolicited e-mail, including without limitation promotions or advertisements for products or services;
- Attempts to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by CMS in providing its website; and
- Includes material that violates applicable laws and regulations, including but not limited to CAN-SPAM, California's Anti-Spam law, CASL, the FTC Act, any FTC rules, regulations, and guidelines, applicable credit card merchant guidelines, the UK Data Protection Act of 1998, and the Utah and Michigan "Child Protection Registry Laws" as discussed more fully herein.
- PRIVACY; COMPLIANCE WITH U.S. AND INTERNATIONAL LAW, INCLUDING HIPAA
Publisher shall not, as a method of screening consumers for a campaign or otherwise, solicit or collect any personal health information that would be subject to the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), regardless of whether or not Publisher believes it falls under the purview of HIPAA.
If Publisher is located in the United Kingdom or European Union, or uses any related domain (e.g., a ".uk.co" domain) to promote any Campaign, or work on a Campaign directed at persons located in the United Kingdom or another member state of the European Union, in addition to the foregoing, Publisher shall comply with the UK Data Protection Act, as amended, and all EU data protection and privacy directives and regulations, as amended from time to time. Publisher further agrees to conspicuously disclose the use of "cookies" on any and all websites used to promote the Campaign sufficient to permit the user to make an informed decision and give overt consent to Publisher's collection and use of any personal data through cookies, such as by clicking a button to confirm their consent.
- FALSE AND MISLEADING ADVERTISING; FTC COMPLIANCE
In connection with Publisher's promotion of Campaigns, Publisher shall not at any time:
- Mislead consumers with false or misleading language or claims;
- Promote content, products, or services not actually offered by CMS;
- Use false claims, testimonials, endorsements (including celebrity endorsements), or any similar content;
- Use a testimonial that conveys an atypical or uncommon result without disclosing clearly and conspicuously, and in close proximity to the testimonial, the typical and representative performance of the product or service;
- Use "fake" blogs ("flogs"), news sites or any similar content without disclosing clearly and conspicuously that such content is an advertisement;
- Use photos, quotes, logos/seals, copyrighted material, or trademarks of any third-party, including without limitation, celebrities, or business entities, without the express written consent of such third-party; or
- Advertise a discount, trial, or free offer without clearly and conspicuously displaying the terms of the offer, future costs, recurring billing, etc., if any.
Further, if Publisher publicly endorses any product or service that is the subject of a Campaign, Publisher shall disclose clearly and conspicuously, and in close proximity to the endorsement, that Publisher receives compensation in the form of affiliate commissions in exchange for such endorsement.
- EMAIL PRACTICES; CAN-SPAM AND CALIFORNIA ANTI-SPAM ACT COMPLIANCE
If Publisher uses email to market Campaigns, Publisher shall maintain accurate and current Consent Records as defined above.
If Publisher uses email to market Campaigns, Publisher shall not transmit any email:
- With materially false or misleading header information;
- With a "from" line that is materially false or misleading and does not accurately identify the person sending the email;
- With a "subject" line that is misleading, false, or misrepresentative or is likely to mislead the recipient about the content of the email;
- With an apparent "from" domain that is materially false or misleading, or does not belong to Publisher (e.g., @Oprah.com, @Lowes.com);
- Without a functioning return email or Internet address, clearly and conspicuously displayed, that functions for thirty (30) days after the email is sent, that a recipient can use to submit a reply email requesting not to receive future commercial emails or Internet communications from the sender;
- Without a clear and conspicuous identification that the email is an advertisement or solicitation, a clear and conspicuous notice of the opportunity to decline to receive further communications, and a valid physical postal address of the Publisher; or
- With any content that infringes or violates any applicable law or regulation or any intellectual, proprietary or privacy rights, or is misrepresentative, defamatory, inflammatory, offensive, or otherwise objectionable.
Further, Publisher shall not transmit any email:
- If Publisher knows, or has reason to know, that the email address was obtained using an automated means, including without limitation, harvesting software, such as harvesting bots or harvesters, dictionary attacks, etc., or via an Internet service, which indicated that at the time the address was obtained, that the Publisher Program was not to give or sell the address to others; or
- To any individual that has requested not to receive any emails more than three (3) days after receipt of such request, provided that the email falls within the scope of the request.
Further, Publisher agrees to do at least one of the following:
- Identify itself in the "from" line by using a domain name that includes Publisher's name; or
- Ensure that Publisher's name and contact information appear in the publicly-accessible WHOIS record for any domain used in the "from" line, and that no such domain is registered using a privacy-protection service.
- MOBILE MARKETING PRACTICES; TCPA COMPLIANCE
If Publisher uses text messages ("texts") to market Campaigns, Publisher shall not transmit, or cause to be transmitted, any texts, without the prior express consent of the receiving party to receive text messages specifically from the sender, using "blast texting" or any other automated system to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the receiving party is charged for the text.
Further, Publisher shall not transmit, or cause to be transmitted, any texts outside of the hours established by federal time-of-day requirements: texts shall be sent between 8 a.m. and 9 p.m. local time of the recipient, only. Publisher shall not transmit, or cause to be transmitted, any texts to any phone number on relevant suppression lists provide by CMS, populated either by specific requests for opt-outs or the national Do Not Call registry. Publisher shall record any opt-out request Publisher receive, transmit it to CMS, scrub the requester's contact information from Publisher's list, and refrain from sending any text to the individual's phone number, as detailed in Section 7 of the Publisher Agreement above.
- FRAUDULENT ACTIVITY
The following activity, without limitation, is considered fraudulent and is strictly prohibited:
- The use of false data, credit/debit card numbers, or other financial information on any signup form, contract, online application, or registration;
- The use of unauthorized data, credit/debit card numbers, or other financial information in the name of third parties on any signup form, contract, online application, or registration;
- The manipulation of tracking pixels, codes, links, or other tracking information to stimulate leads or inflate commissions;
- The use of "cookie stuffing", "cookie dropping", "forced clicks", or "cookie sprinkling";
- The artificial inflation of leads or transactions via any device, program, robot, computer script, or other automated method;
- The generation of clicks that do not map to a conscious action by an individual, including but not limited to: (i) repeat manual clicks; (ii) the use of robots or other automatic means to generate clicks; and (iii) faking tracking information to stimulate links.
If Publisher fraudulently add leads or clicks, or inflate leads or clicks through fraudulent traffic generation, whether specifically proscribed above or otherwise, and as determined by CMS in its sole discretion, Publisher will forfeit Publisher's entire commissions for all Campaigns and Publisher's affiliate account will be terminated.