This Terms and Conditions ("T&C") is intended to help you understand the types of websites, newsletters and affiliate conduct that that RingBound.co believes to be appropriate or inappropriate. In addition to the T&C, all websites, newsletters and advertising conduct must comply with the Affiliate Agreement executed between RingBound.co and you, which is incorporated herein by reference and made part of this T&C. In the event of any inconsistency between this T&C and the Affiliate Agreement, the Affiliate Agreement shall control. Please keep in mind that this T&C is intended as a guideline, and not as an exhaustive list of content and conduct that RingBound.co finds appropriate or inappropriate.
RINGBOUND.CO RESERVES THE RIGHT TO CHANGE THE T&C AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE.
1. LEGAL COMPLIANCE
You shall not violate any applicable foreign or domestic, federal, state or local statutes, laws, ordinances, rules and regulations or industry standards, including without limitation, the CAN-SPAM Act of 2003 ("CAN-SPAM"), all FTC rules, regulations and guidelines, applicable credit card merchant guidelines, and the Utah and Michigan "Child Protection Registry" laws.
2. CAMPAIGN-SPECIFIC TERMS & CONDITIONS; ADVERTISER CREATIVE
Advertising campaigns ("Campaigns") made available through the RingBound.co affiliate network may have campaign-specific terms and conditions. You shall comply with any and all campaign-specific terms & conditions at all times.
You shall only use advertiser approved artwork, text, audio, video (hereinafter, "Creative"). You shall not alter, cut, crop, modify or otherwise change any aspect of any Creative, without RingBound.co's express written approval.
3. WEBSITE & NEWSLETTER REQUIREMENTS
Any and all websites and newsletters that you use to promote Campaigns must:
Be fully functional at all levels, with no "under construction" sites or sections;
Be represented by a legitimate second-level domain name (e.g. RingBound.co) and not a sub-domain or third-level domain (e.g. example.RingBound.co or RingBound.co/example);
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 entering or leaving the website or newsletter;
Close when instructed, i.e. when a user seeks to close or otherwise leave the website or newsletter, the website or newsletter must close down and no other behavior should result;
Not "mouse trap," i.e. whereby the website or newsletter does not permit the use of the browser back-button and thereby traps the user on the website or newsletter, or whereby the website or newsletter presents other unexpected behavior, such as re-directing to another advertisement or landing page; and
Not contain automatic audio that plays without user instigation.
4. PROHIBITED CONTENT AND CONDUCT
Prohibited 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 you and a current or former employer concerning the intellectual property you create or created during your 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 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 violate 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) contests and sweepstakes, (v) get rich quick or other money making opportunities that offer compensation or financial reward in exchange for little or no investment, (vi) adult friend finders or dating sites with a sexual emphasis, (vii) adult toys, videos or other adult products, (viii) uncertified pharmaceutical products, (ix) spy cams or other illegal surveillance products, and (x) 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 (e.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 RingBound.co'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 RingBound.co website for any use;
Frames RingBound.co or advertiser websites;
Accesses protected content or data, or accesses or logs onto an a secure server or account;
Attempts to probe, scan, or test the vulnerability of the Our 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 Our 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 RingBound.co website to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; and
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 RingBound.co in providing its website.
7. MESSAGE BOARDS, CLASSIFIEDS, SOCIAL NETWORKS
You shall not promote Campaigns via any internal communication system, chat room, message board, or classified listing of any third-party website, including without limitation, Facebook.com, CraigsList.com, MySpace.com and Twitter. The following types of activity are strictly prohibited:
Posting Campaign advertising or links in public forums or message boards;
Placing Campaign advertising or links in your forum signature;
Posting Campaign advertising or links in private messages or "wall" posts;
Placing Campaign advertising or links in online marketplace classified listings; and
Harvesting or otherwise collecting email addresses or information from social network websites and online marketplace classified listings and thereafter sending promotional emails containing Campaign advertising or links to those email addresses.
8. FALSE AND MISLEADING ADVERTISING; FTC COMPLIANCE
In connection with your promotion of Campaigns, you shall not at any time:
Mislead consumers with false or misleading language or claims;
Promote content, products or services not actually offered by the advertiser of a Campaign;
Use false claims, testimonials, endorsements or any similar content;
Use fake or misleading blogs (‘flogs"), news sites or any similar content;
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 you publicly endorse any product or service that is the subject of a Campaign, you shall disclose clearly and conspicuously, and in close proximity to the endorsement, that you receive compensation in the form of affiliate commissions in exchange for such endorsement.
9. EMAIL PRACTICES
If you use email to market Campaigns, you 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;
without 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;
that does not include 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 you and/or the advertiser; 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, you shall not transmit any email:
if you know, or have 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 service was not to give or sell the address to others; or
to any individual that has requested not to receive any emails more than five (5) days after receipt of such request, provided that the email falls within the scope of the request.
10. FRAUDULENT ACTIVITY
The following activity 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 inflations 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 you fraudulently add leads or clicks or inflate leads or clicks through fraudulent traffic generation, whether specifically proscribed above or otherwise and as determined by RingBound.co in its sole discretion, you will forfeit your entire commissions for all Campaigns and your affiliate account will be terminated.