Compliance Documents
Publishers Terms & Conditions
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The following are the terms and conditions governing your (hereinafter “Publisher”) relationship with Clickso, LLC (hereinafter “Clickso”) and the use of the Clickso website (hereinafter “Site”). Publisher agrees to use the Site and any additional services offered by Clickso only in accordance with these Terms and Conditions. Clickso reserves the right to make changes to the Site and these Terms and Conditions at any time. Publisher’s continued use of the Site after any such modification and notification thereof (which maybe provided by e-mail to the email address provided in the course of Publisher’s registration with Clickso) shall constitute Publisher’s consent to such modification. 1. Approval of Publisher. 1.2. Publisher Website Content. The content of Publisher’s Media shall be subject to Clickso’s subjective approval and must comply with all applicable laws and regulations (including all laws respecting intellectual property rights) and, in any event, shall not include the following: • Pornographic material, including any material appealing to the prurient interests • Racial, ethnic, political, hate-mongering or otherwise objectionable content; • Investment, money-making opportunities or advice not permitted under law; • Gratuitous violence or profanity; • Material that defames, misrepresents, abuses, or threatens physical harm to others; • Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, etc.; • Software Pirating; • Obscenity and any spoofing, redirecting, or trafficking from adult-related websites in an effort to gain traffic; • Infringement or violations of the patents, copyrights, trademarks, rights of publicity, rights of privacy, moral rights, music performance or other music-related rights, or any other right of any third party; • Any illegal activity whatsoever; and • Links to any affiliate networks 2. Use of the Site. 3. Monitoring. 4. License. 5. Non-Solicitation. 6. Participation in our Program. 6.1. Links. 6.2. Ownership. 7. Fraud. 8. Payment. 9. Special Terms for Co-Registration Campaigns. 10. Term. 11. Termination. 12. Representations and Warranties/Covenants. 13. Privacy Policy. 14. Customer Information; Non-Disclosure. Confidentiality. 15. Limitation of Liability; Disclaimer of Warranty. 16. Indemnity. 17. Force Majeure. 18. General. |
Advertisers Terms & Conditions
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The following Terms and Conditions (the “T’s and C’s”), together with the insertion order (the “IO”), shall govern all advertising campaigns (“Campaigns”) that are conducted by Clickso, LLC (hereunder "Clickso"), for the entity identified on page one (1) of the IO and the signature page ("Company"). These T’s and C’s will govern any and all other IOs subsequently executed by Clickso. These T’s and C’s supersede and replace any and all prior agreements entered into by and between Clickso and Company pertaining to the subject matter hereof and shall control all extant IOs. Terms not defined in these T’s and C’s shall have the meanings set forth in the IO. All subsequently executed Insertion Orders and these T’s and C’s may be collectively referred to herein as the "Agreement"). This Agreement represents the entire agreement of the parties and may not be modified unless expressly agreed to in writing by both parties. 1. Advertising Services. 2. Company’s Creative and Web Site 3. Payments. 4. Term. 5. Representations and Warranties. 6. Other Services. 7. Disclaimer of Warranties. 8. Privacy. 9. Limitation of Liability. 10. Confidentiality. 11. Indemnification. 12. Notification of Legal Action by a Third Party 13. Termination. 14. Proprietary Rights. 15. Non-Solicitation with Publishers. 16. Miscellaneous. |
Email Marketing
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Clickso Acceptable Use Policy for Email Marketing Purposes Company reserves the right to make changes to the Site, the Service and/or the terms and conditions of the Agreement at any time. The latest Agreement will be posted on the Site. Your continued use of the Site and/or Service after any such modification and posted notification thereof shall constitute Your consent to such modification. Therefore, You should regularly check the Site for any updates and/or changes. The Agreement applies to and governs Your relationship with the Company in all matters including, without limitation, as a Publisher in connection with your use of the Service. For purposes of the Agreement, "Publisher" means the individual or entity registering with Company to use the Service as a publisher and, without limitation, any parent entities, owners, subsidiaries, affiliates, predecessor or successor entities, and any agents, officers, directors or employees acting on behalf of same. If You do not agree to the terms and conditions contained within the Agreement in their entirety, You are not authorized to register as an Publisher, use the Service and/or Site in any manner or form whatsoever. Any capitalized terms not defined herein shall have the same meaning as set forth in the Terms and Conditions. Where authorized by both Company and the applicable Advertiser, the following terms and conditions apply to all e-mail campaigns transmitted by Publisher on behalf of such Advertiser(s). Company will allow Publisher E-mails and/or e-mail-based Creative to be transmitted by Publisher in connection with any Program where such Publisher E-mails and/or e-mail-based Creative comply with: (a) all applicable federal, state, provincial, foreign and local laws, ordinances, rules, regulations, statutes, court orders, judgments and decrees that govern e-mail marketing and/or communications, as well as the most stringent email marketing industry standards including, but not limited to, the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography & Marketing Act or any successor legislation), as amended; and (b) any and all implementing regulations promulgated by the Federal Trade Commission. Company and, where applicable, Advertiser, reserve the right, completely, jointly and exclusively, to establish the test for reasonability with regards to any conditions set forth herein. Without limitation, the conditions set forth herein shall apply equally to You, Your parent entities, owners, subsidiaries, predecessors and/or successor entities and any agents, officers, directors, members and/or employees acting on behalf of You, as well as any of Your affiliates, partners, distributors and/or other third parties with whom You do business while governed by the Agreement (collectively, "Affiliated Third Parties"). All Publisher's Affiliated Third Parties must be approved by Company prior to their assisting You in connection with any Program governed by the Agreement. Company reserves the right to reject Your request to work with any Affiliated Third Parties and may restrict Your right to use any previously approved Affiliated Third Parties at any time and for any reason. You are responsible for ensuring that any and all such Affiliated Third Parties agree, in writing, to e-mail marketing terms and conditions no less restrictive than those contained herein, and You must submit all such written representations to Company if requested by Company. All such agreements must contain provisions that require Your Affiliated Third Parties to fully and completely indemnify Company for any and all damages arising from their breach of any of the provisions set forth herein and You must have the ability to terminate distribution with, or procurement by, Affiliated Third Parties immediately. Notwithstanding the foregoing, You hereby agree that You will be solely responsible to Company for any breach of the provisions of the Agreement by Affiliated Third Parties. All Publisher E-mails and/or e-mail-based Creative transmitted by Publisher must, at a minimum, comply with all applicable laws relating thereto and adhere to the following obligations, as determined by Company and, where applicable, Advertiser, in their joint and exclusive discretion: 1. Internet Protocol Disclosure. 2. Informed Recipient Consent. 3. Distributor Location. 4. Intended Recipient Disclosure. 5. Publisher E-mail and/or E-mail-based Creative Content. 6. Appropriate Publisher E-mail and/or E-mail-based Creative Content. 7. Distributor Contact Detail Disclosure. 8. Transparency in Operation. 9. Disclosure of Methods. 10. Unsubscribe Requests. 11. Complainant and Recipient Enquiries. 12. Suppression List. 13. Solicitation Disclosure. 14. Privacy Policy. 15. E-mail Address Harvesting. 16. Control Over the Distribution Process. 17. Infringement. 18. Intellectual Property. 19. A Clear History. 20. Truthfulness. 21. Violations. |
Search Policy
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1. The following Clickso Search Acceptable Use Policy ("Search AUP"), our Publisher Terms and Conditions (the "Terms and Conditions"), the Email AUP, the Adware AUP and the Mobile AUP, each of which are expressly incorporated herein by reference, collectively constitute and are referred to herein as the "Agreement". The Agreement is the binding legal agreement between Clickso. ("Company") and you ("You" or "Your"), a user of Company’s website (the "Site") and the Company’s advertising network service ("Service"). You agree to use the Site, the Service, and any additional products and/or services offered by Company in the future only in accordance with the Agreement. Notwithstanding the foregoing, this Search AUP is not an exhaustive recitation of all rules, regulations, standards and legal requirements governing Your conduct: The Agreement states the minimum standards that You and Your Affiliated Third Parties (as defined below) must adhere to in light of current laws, rules and regulations governing, and industry best practices applicable to, the search marketing. In the event that any state or federal law, rule or regulation governing search marketing, 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. 2. Company reserves the right to make changes to the Site, the Service and/or the terms and conditions of the Agreement at any time. The latest Agreement will be posted on the Site. Your continued use of the Site and/or Service after any such modification, and posted notification thereof, shall constitute Your consent to such modification. Therefore, You should regularly check the Site for any updates and/or changes. This Search AUP applies to and governs Your relationship with the Company in any and all matters associated with the Search Marketing Programs including, without limitation, as an Publisher in connection with your use of Company’s Service ("Publisher"). For purposes of the Agreement, "Publisher" means the individual or entity registering with Company to use the Service and, without limitation, any parent entities, owners, subsidiaries, affiliates, predecessor or successor entities, and any agents, officers, directors or employees acting on behalf of same, in connection with your participation in any Search Marketing Programs. If You do not agree to the terms and conditions contained within this Search AUP and the Agreement in their entirety, You are not authorized to use the Service and/or Site in any manner or form whatsoever in connection with the Search Marketing Programs. Any capitalized terms not defined herein shall have the same meaning as set forth in the Terms and Conditions. 3. Where authorized by both Company and the applicable Advertiser(s), the following terms apply to all content created in connection with any and all Search Marketing Programs by Publisher on behalf of such Advertiser(s) ("Search Marketing Content"). Company will allow Search Marketing Content to be used by Publisher in connection with any and all Search Marketing Programs that Publisher participates in where such Search Marketing Content, as well as the marketing practices of Publisher in general, comply with: (a) all applicable federal, state, provincial, foreign and local laws, ordinances, rules, regulations, statutes, court orders, judgments and decrees that govern search marketing and/or communications; and (b) any and all applicable Federal Trade Commission regulations. Compliance with the foregoing shall be determined in the joint discretion of Company and the applicable Advertiser(s). As referenced herein and throughout the Agreement, Company and, where applicable, Advertiser, reserve the right, completely, jointly and exclusively, to establish the test for reasonableness with regards to any conditions set forth herein. 4. Without limitation, the conditions set forth herein shall apply equally to You, Your parent entities, owners, subsidiaries, predecessors and/or successor entities and any agents, officers, directors, employees acting on Your behalf, as well as any of Your affiliates, partners, distributors and/or other third parties with whom You do business while governed by the Agreement (collectively, "Affiliated Third Parties"). 5. All Affiliated Third Parties must be approved by Company prior to their assisting You in connection with any Search Marketing Program governed by the Agreement. Company reserves the right to reject Your request to work with any Affiliated Third Parties and may restrict Your right to use any previously approved Affiliated Third Parties at any time and for any reason. You are responsible for ensuring that any and all such Affiliated Third Parties agree, in writing, to terms and conditions no less restrictive than those contained herein, and You must submit all such written representations to Company upon request by Company. You must also have agreement from all Affiliated Third Parties to fully and completely indemnify Company for all damages arising from their breach of any of the provisions set forth herein and You must have the ability to terminate distribution with or procurement by Affiliated Third Parties immediately. Notwithstanding the foregoing, You shall be solely responsible for any breach of the provisions of the Agreement by Affiliated Third Parties. 6. Search Marketing Content utilized by Publisher in connection with any and all Search Marketing Programs must, at a minimum, comply with, as applicable, the Agreement and all applicable laws. In addition, Publisher must adhere to the following obligations, as determined by Company and, where applicable, Advertiser, in their joint and exclusive discretion: |
Downloadable Software
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Clickso Acceptable Use Policy for Downloadable Software Use of Downloadable Software 1. Informed User Consent. 2. Control Over the Distribution Process. 3. Consistency of the Offer. 4. Appropriateness of the Offer. 5. Fair Value to Users. 6. Transparency in Operation. 7. Advertising Frequency and Intrusiveness. 8. Advertising Placement. 9. Advertising Dismissal. 10. Legitimate Advertising Formats. 11. Privacy Policy. 12. User information and support. 13. Removal. 14. Appropriate Naming. 15. Appropriate Advertisements. 16. Advertiser Knowledge and Consent. 17. Fair Value to Advertisers. 18. Fair Treatment of Other Publishers. 19. Keeping Good Company. 20. A Clear History. 21. Truthfulness. |
Clickso’s Compliance Guidelines
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Clickso Compliance Guidelines Clickso’s Compliance Guidelines for Advertisers, Networks and Agencies are as follows: Each advertisement and all campaign materials provided and linked to must comply with all applicable laws, regulations and most not violate the rights of any third parties. This means that your advertisement must not be false, misleading or deceptive, and you must have valid proof to support any claims made in the advertisement. The Advertiser, Network or Agency must also have the necessary licenses, permits or authorization to run the advertisement, product or service, and may not use any trademarked or copyrighted material without consent, and must agree to indemnify Clickso for any violations of the law, regulations or rights of third parties. Clickso’s Compliance Guidelines for Publishers and Affiliates are based on one simple principal: Follow the rules and obey the law. It’s that simple. Clickso has a zero tolerance for Publisher Compliance. Below are a few of the main guidelines, however this list does ot include all of the laws and regulations that Publishers and Affiliates must follow and it is the Publisher and Affiliates responsibility to ensure they are familiar with all applicable laws and regulations.
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