Adware / Software Addons
- Downloadable Software 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 Downloadable Software 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.
- Ongoing and continuing use of Downloadable Software 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 Downloadable Software'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.
- Downloadable Software must offer users a genuine, substantial benefit in exchange for the consideration represented by accepting the underlying advertisements (the "Benefit"). If the Downloadable Software 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 Downloadable Software's claimed Benefit represents a fair value to users.
- Users must easily be able to identify and understand the nature of the Downloadable Software's effects both prior to, and after, installation. If the Downloadable Software displays advertisements outside of its program window, each such advertisement must be labeled with the Downloadable Software program name. Each such advertisement must include a link, button or other mechanism whereby a user can learn more about: (i) the Downloadable Software presenting said advertisement; (ii) the specific manner in which the Downloadable Software was installed (including what offer is associated with that Downloadable Software); (iii) the specific date and time that the Downloadable Software was installed; and (iv) how the Downloadable Software can be removed (including a removal feature requiring not more than two (2) additional clicks). Without limiting the generality of the foregoing, the Downloadable Software and associated information, disclosures and notice, must not: (i) falsely claim that the Downloadable Software 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).
- Downloadable Software must not show advertisements that are unreasonably frequent or unreasonably intrusive. Software must only show one advertisement per site.
- Each advertisement shown via the Downloadable Software must appear entirely on-screen, with no portion of its body or title bar off-screen. Each advertisement shown via the Downloadable Software 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 Downloadable Software 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.
- Each advertisement shown via the Downloadable Software 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 Downloadable Software itself at each instance of advertisement presentation.
- Downloadable Software 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). Downloadable Software may not be used to attack another program, to record a user's passwords, or to send bulk e-mail to other users.
- Downloadable Software must include an associated privacy policy that meets the test of reasonable commercial best practices applicable to privacy policies. Downloadable Software must adhere to its applicable privacy policy, in both letter and in spirit, in all respects and with no exceptions. The subject privacy policy must be available for viewing prior to the Downloadable Software program's installation procedure and thereafter, as well as from such program vendor's website.
- A user must be able to remove Downloadable Software 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.
- Downloadable Software must use a consistent, single, clear name. That name must be shown in the Downloadable Software program's initial advertising (i.e. to recruit users), in its installation notice and consent procedures, on any advertising and in its uninstall procedure. A Downloadable Software program may not use multiple names within the scope of its relationship with a single user. A Downloadable Software 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 Downloadable Software 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 Downloadable Software may not use an unreasonably high number of product names or brand names to obfuscate, hide or otherwise confuse its identity. Program 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").
- Company strictly forbids the display of sexually-explicit materials via the Downloadable Software No Downloadable Software may display content that fails to satisfy all of the requirements of Section 2 of the Terms and Conditions.
- The applicable Advertisers' Creative and/or Offers should not appear in Downloadable Software except when such Advertisers specifically approve of those placements. Clickbooth Creative and/or Offers may not be displayed within third-party traffic purchases from Downloadable Software (whether in the form of pop-ups, pop-unders or via any other media).
- Downloadable Software must not come bundled with programs that violate the terms and conditions of the Agreement.
Lead Generation Guidelines
- Data Collection
- Publishers cannot hide fields without consumer disclosure.
- Hiding fields entails collection of personally identifiable information by the publisher and the transmission of that data to the advertiser without notifying the consumer which data will be shared. Personally identifiable information that is entered on the publisher's website prior to the consumer's interaction with an advertiser may be pre-populated in an offer form, but cannot be passed without providing the opportunity for the consumer to review that information.
- For example, if a consumer's email address is known from the publisher's registration page, it may be pre-populated on the offer data form in the appropriate field. This allows the consumer to easily review and edit his/her data, if necessary, and make an informed decision on whether he/she wants to share that data with the advertiser.
- Publishers cannot sell data that the consumer has provided during registration or on/in an advertiser offer form to other companies to use to market itself to the consumer without the consumer's knowledge or choice.
- Publishers who host lead generation offers within another publisher's registration process may use the collected data for improved optimization and targeting of subsequent offers. If the data is used for this purpose, the publisher must disclose usage of that data in their terms and conditions.
- Publishers and advertisers must disclose if the data collected will be shared with third parties.
- No sharing of personally identifiable information with 3rd party marketers for the purpose of sending email, without consent.
- Web sites that capture Personally identifiable information should not engage in sharing or sale of such data with any 3rd party marketers for the purpose of sending email, unless the consumer has consented to share their email address with 3rd parties. Web sites that do share Personally identifiable information with 3rd party marketers, as outlined herein, must disclose to consumers that this will occur. Disclosure should be clear and conspicuous, and must be included at the point of signup and/or on the offer page, in addition to the privacy policy.
- Publishers and advertisers using third parties to manage their email list must have a formal data licensing agreement.
- If more than one list management partner is used, the publisher or advertiser must maintain opt-out procedures for each partner. In addition, establish a mechanism to quickly and efficiently remove these users from all list management partners.
- Publishers/Advertisers must allow consumers to easily skip offers if they do not want to share the data being requested by the advertiser or if they are no longer interested in the offer.
- This should include not using language such as; "You must select an offer to continue" unless selecting an offer is required. If the offer is not required, publishers should instead use language such as, "You must view an offer to continue."
- Publishers/Advertisers must ensure that the skip function is clear and conspicuous and is not hidden or difficult to locate on the offer. In addition, the skip function should be displayed in equal prominence to the submit function.
- Publishers/Advertisers must use clear language when using pre-selected custom offers. The publisher cannot "force" or insinuate that the consumer must select an offer in order to continue through the publisher's registration process.
- Prior to accepting any consumer information, the terms and conditions must be clearly and conspicuously disclosed so that a reasonable consumer may understand the essence of the proposed exchange.
- The terms and conditions must be accessible and prominent during the registration or offer selection process.
- When using the term "free" or "complimentary" or other similar terms, advertisers must ensure proper disclosures are made in proximity to the term, if some form of obligation is needed by the consumer to receive the offer.
- Publishers cannot promote Clickbooth offers via incentive without written confirmation from a Clickbooth representative.
- Publishers that run a combination of incentivized and non-incentivized offers throughout their registration process and website flow must clearly and conspicuously articulate to the consumer on the offer pages offer type – either required or optional. This disclosure should be at the top of such page before the consumer engages in any advertiser offers.
- If multiple pages are used with various offer requirements, it is recommended that consumers be able to navigate freely between the offer pages to better understand the scope of the incentive requirements.
- The publisher should disclose directly on the registration page exactly what the consumer needs to do in order to receive the reward.
- A summary of key requirements of the consumer must be disclosed on the first registration page.
- If the consumer must sign up for various offers to qualify for the reward, the publisher must disclose to the consumer the cost associated with each offer presented.
- If there is some form of monetary obligation needed to qualify for a gift, the publisher must provide the consumer with a representative estimate of such costs.
- When using the term "free" or "complimentary" or other similar terms, advertisers should ensure proper disclosures are made within close proximity of the claim, if some form of obligation must be incurred by the consumer to receive the offer.
- The disclosures concerning the term "free" must be displayed based on any existing statutes, regulations, or guidance in a publishers' area of operations. The disclosures must also be displayed in the same font color and type.
- The term "free" (or similar terms) and related disclosures must be highlighted on the registration page by a unique color and font that stands out from the other text on the creative material.
- If a purchase will be required by the consumer to receive the reward item, then the disclosure within close proximity of the word "free" (or similar terms) must be in the same color, font, and size of the word "free" (or similar terms) and it must educate the consumer about the purchase requirement(s).
- A summary of the requirements must be listed on the registration page. In addition, the verbiage qualifying the word "free" (or similar terms) must reference the summary terms and conditions listed on the registration page.
- If the offer requires the consumer to fulfill various requirements to receive a free gift, the consumer must always be required to certify he/she agrees to the terms and conditions.
Biz Opp Guidelines
- Clickbooth prohibits unfair or deceptive advertising in any medium.
- All claims made on the website must be substantiated with documented proof.
- Testimonials and endorsements must reflect the typical experiences of consumers, unless the ad clearly and conspicuously states otherwise. A statement that not all consumers will get the same results is not sufficient to qualify a claim. Testimonials and endorsements can't be used to make a claim that the advertiser itself cannot substantiate. Disclaimers and disclosures must be clear and conspicuous and may not be placed as a note at the end of the website. Connections between an endorser and the company that are unclear or unexpected to a customer also must be disclosed, including whether there is a financial arrangement for a favorable endorsement, a position with the company, or stock ownership. Expert endorsements must be based on scientifically proven and generally accepted tests or evaluations performed by people that have mastered the subject matter.
- Advertisers that make earnings representations must give consumers the written basis for their claims, including the number and percentage of owners who have at least as well as claimed.
- Must provide a product or service of substantial value consistent with the initial and any recurring fee.
- Must have dedicated staff to check blogs/websites for complaints and resolve any complaints found thereon by contacting the consumer.
- Must provide a service or product kit before the one-time fee for biz opps and that service or product kit must be competitively priced for the fee.
- Must have online method for processing refund/cancellation requests from consumers which sets forth the policy and procedure for the consumer to use and this should be an simple link and form.
- Must have 10 minute maximum hold or wait time for customer service calls.
Privacy Guidelines
- Publishers and advertisers must clearly and prominently display a privacy policy which meets the following minimum requirements:
- Location of Privacy Policy. The privacy policy must be posted in a clear and conspicuous fashion on the landing page and when accepting the consumer’s information on the registration page and/or online lead generation form.
- Content of Privacy Policy. The privacy policy must, at a minimum, contain the following information:
- Information collection practices of publisher or advertiser, including but not limited to, collection of user direct information; survey information; use of cookies, web beacons; IP address; computer profiles; data analysis and any other technology used to track consumer for behavior marketing.
- Use of Individual Information practices by publisher or advertiser, including but not limited to, public forums disclosure, publisher or advertiser email marketing practices, third party email marketing practices, service providers, aggregate statistics, data summary, order fulfillment, complying with legal process, offers, telemarketing, wireless addresses, short message service, and third party information sharing practices.
- Consumers visiting a particular web site must be provided meaningful notice of the types of individual information collected for interactive advertising purposes, the technologies employed to collect such information, and how such information is used, including that other companies operate on the site and may collect such information.
- Any state required disclosure pertinent to the publisher or advertiser’s offer.
- Consumers must also be provided notice of their ability to opt-out of data collection and dissemination. The consumer should be provided the ability to opt-out of data dissemination through a link on the privacy policy. In addition, consumers also should receive relevant education regarding cross-industry opportunities to opt out of the collection or use of individual information or other methods to exercise their choice.
- Changes to Privacy Policy. Consumers must be given adequate notice of any change or addition to the privacy policy by the advertiser or publisher. As such, Publishers must have a prominently placed notice on their home page the date the revisions were made. To the extent possible Publishers and Advertisers’ should notify consumers of changes to their privacy policy via email.
- Technical Requirements for Privacy Policies:
- Publishers and advertiser must have both technical and management controls in place to comply with their respective privacy policy and data retention security. As such, the privacy policy should also notify the consumer of the technical security and managerial control over the collected data as well as the publisher’s or advertiser’s data security methods.
Ringtone Mobile Guidelines
- If Mobile Promotional Content transmitted includes any potentially misleading terms including, but not limited to, "free," "complimentary," "no charge," "zero cost" and "no fee," then such Mobile Promotional Content must clearly and conspicuously and in a font size of equal prominence and proximity disclose, prior to the consummation of the sale or other transaction: that such content is only free when the end-user consumer ("User") makes a purchase and/or agrees to a subscription program; and all of the pricing, payment and other program related terms.
- Clickbooth strictly forbids the display of terms transmitted via Mobile Promotional Content that represent or imply that an Mobile Program is limited to certain geographical areas. (E.g., "Offer only valid to residents of New Jersey.")
- Mobile Promotional Content must be available via all carriers unless otherwise conspicuously disclose, prior to the consummation of the sale or other transaction, which content is available through which carriers.
- Mobile Promotional Content must be available via all wireless devices unless otherwise conspicuously disclose, prior to the consummation of the sale or other transaction, the specific makes and models for which content is available.
- Publishers must use creatives provided by Clickbooth. Any changes to creatives must be approved in writing by a Clickbooth Representive before deployment.
- All Mobile Promotional Content distributed must clearly and conspicuously disclose the following: (1) any initial and recurring charge, and the amount and frequency of any recurring charge; (2) whether any additional charges apply; and (3) if there is a recurring charge, that the User will be charged automatically until he/she cancels the applicable plan.
- You may not condition subscription to any Mobile Program upon the User's agreement to receive advertising or promotional messages delivered electronically to such User's mobile device via text messaging, e-mail or otherwise.
- Without limiting any of the foregoing, all Mobile Promotional Content transmitted by You in connection with an MOBILE Program must contain a link to the applicable terms and conditions of the applicable MOBILE Program, as well as all material terms of the applicable MOBILE Program ("Material Terms") displayed clearly and conspicuously immediately adjacent to any and all applicable mobile device and/or P.I.N code "submit" field(s) or other button(s) that indicate(s) consent as each appear in the applicable order path (each, a "Submit Field"). Material Terms include, but are not limited to the following: program availability on a carrier-by-carrier basis; the cost of the product or service including, as applicable, whether other charges may apply if the User chooses to obtain such product or service; whether the charge(s) will be billed on the User's wireless phone bill or deducted from his/her prepaid balance, and how the charge(s) will appear on the wireless phone bill; whether the MOBILE Program is offered via a subscription and if so, the length of the subscription term, the billing cycle for that subscription (e.g., weekly, monthly, yearly, etc.) and whether the User will be billed automatically at the commencement of each such billing cycle until cancelled; the name and toll free number or email address of the applicable sender any minimum age requirement; the cancellation policy; and that the User must be eighteen (18) years of age or older. All Material Terms of a MOBILE Program must be consistent across that MOBILE Program from the Creative to the corresponding landing page(s), confirmation page(s) and/or other web pages that are linked to such Creative so as not to be misleading.
- Must ensure that the phrase "terms and conditions" is clearly visible (via most major Internet Browsers) and linked to on every landing page or similar web page used in connection with a Mobile Program, as well as any and all Submit Fields appearing on any page in the order path, such that the User is provided with notice of, and the ability to access, such terms and conditions without having to scroll down on the applicable pages.
- Company strictly forbids the use of pre-checked boxes to indicate acceptance of the terms and conditions for any Mobile Program. Users must indicate their acceptance of an Mobile Program by affirmatively consenting to the terms and conditions for that Mobile Program.
- Where applicable, Publisher must comply with then current Mobile Marketing Association Rules regarding consumer opt-in requirements for the applicable MCS Program.
- Single opt-in is required for standard rate MCS Programs; and
- Double opt-in is required for premium rate MCS Programs.
- Clickbooth strictly forbids the display of sexually-explicit materials via Mobile Promotional Content transmitted which includes, but is not limited to, Mobile Promotional Content from Clickbooth. As an Publisher, You represent and warrant that Your Mobile Promotional Content programs will not contain objectionable content (including, but not limited to, content that is misleading, libelous, defamatory, obscene, offensive, violent, bigoted, hate-oriented, illegal and/or that promotes illegal goods, services or activities).
- You shall distribute only such Mobile Promotional Content that includes an associated privacy policy that complies with federal and state privacy laws, and that meets the test of reasonable commercial best practices applicable to privacy policies. Your data treatment and privacy practices must adhere to Your applicable privacy policy, in both letter and in spirit, in all respects and with no exceptions. The privacy policy must be available for viewing from each domain associated with Your Mobile Promotional Content transmission via a clickable link. Such link must include the term "privacy" or "privacy policy."
- Company strictly forbids You to transmit Mobile Promotional Content to anyone under the age of eighteen (18). Notwithstanding the foregoing, You shall distribute only such Mobile Promotional Content that complies with all applicable laws associated with children and marketing including, but not limited to, the Children's Online Privacy Protection Act ("COPPA"), rules promulgated pursuant thereto and regulations regarding age restrictions for particular products. This includes, but is not limited to, Mobile Promotional Content containing cartoons or other images that might be considered tailored or attractive to children.
- Clickbooth strictly forbids the use of social media profiles (e.g., MySpace, Facebook, Tribe) to advertise or distribute Mobile Promotional Content. This does not preclude You from purchasing banner advertisements on social media websites to advertise and distribute Mobile Promotional Content.
- Your distribution of Mobile Promotional Content in connection with any and all MobilePrograms must not: (1) infringe, misappropriate or otherwise violate any copyright, patent, trademark, trade secret or other similar intellectual property right of any third party; (2) otherwise violate or breach any duty toward, or rights of, any person or entity including, without limitation, rights of privacy and publicity; or (3) result in any consumer fraud, product liability or breach of contract to which You are a party.
- Publishers shall not use Clickbooth or its represented Advertisers' names (including any abbreviation thereof) or any trademark, trade name, service mark, logo or other Company-identifying information in any part of any Mobile Promotional Content transmission unless otherwise directed by a Clickbooth Representative in writing.
- Other than where disclosure of availability on a carrier-by-carrier basis is required, You shall not represent or imply that You are affiliated with any carriers, or otherwise improperly use carrier names (including any abbreviation thereof) or any carrier's trademark, trade name, service mark, logo or other carrier-identifying information in any part of any Mobile Promotional Content transmission unless otherwise directed by a Clickbooth Representative in writing.
- You shall not falsely represent or imply that You are certified by any third-party in any part of any Mobile Promotional Content transmission. This includes but is not limited to falsely representing that Your website has been "certified by TRUSTe," or falsely representing that You are an "Official Partner" of a carrier or other large corporation.
- You must be clear, complete and forthcoming in all statements directed at and concerning Clickbooth, its Advertisers and recipients of Mobile Promotional Content.
Continuity/Retention Guidelines
- The Term "FREE" or similar verbiage may not be used on any creative or landing pages to describe the product or service offered if there is any current or future charge for the product or service.
- Disclose on all landing pages in a clear and prominent manner the material terms and conditions of the offer including all pricing, fees, continuity plans in addition to the Terms and Conditions link.
- Prominently Disclose the price and time when payments are going to be taken prior to collecting any credit card or checking account information on the order page.
- Obtain the consumers' advance consent for electronic transfer of funds and follow the requirements of the EFTA.
- Prominently display a link informing consumers of their right to refund or cancellation. In such policy specify the procedure of how to obtain a refund and how to cancel. All refunds and cancellations must be fulfilled within 7 days of the consumer’s initial request.
- Must have a dedicated staff or out-sourced referral staff to resolve any consumer questions, complaints, refunds or cancellation. This service must not have more than a ten minute hold or wait time for the consumer.