Code of Conduct
This Code of Conduct, as may be amended, supplemented or revised from time to time, forms an integral part of the Attrace Terms and Conditions. All Publishers must comply with this Code of Conduct in full.
This Code of Conduct has been prepared to protect the rights and safety of all. However, each Publisher is and remains responsible and liable for its actions and Attrace assumes no responsibility or liability to that respect. For the avoidance of doubt, Attrace is not responsible for content on third party websites and does not accept any liability for content on third party websites.
Each Publisher must comply with all laws, rules and regulations that are applicable to their activities, including but not limited to those pertaining to marketing, privacy, social media, consumer protection and advertising. Each Publisher must further comply with all applicable industry best practices and guidelines.
Each Publish must in any event:
- refrain from any illegal, unlawful or inappropriate acts (such as, but not limited to: criminal acts (e.g. discrimination, racism, defamation, abuse, phishing, fraud, SPAM etc.), tortuous acts, copywrite infringement, trade mark infringement or infringement of any other IP rights, privacy infringement, the use of malware or spyware etc.);
- refrain from using personal information about someone (including his/her name) unless the Publisher has the prior written approval from the relevant person;
- comply with all guidelines set forth by relevant authorities, such as consumer and market authorities (including, but not limited to: the Dutch ‘Autoriteit Consument en Markt’, the US Federal Trade Commission and any similar authority in all relevant or applicable jurisdictions). This includes that each Publisher must guarantee that all reviews are clear and honest and that all reviews comply with consumer and advertising guidelines regarding testimonials and endorsements, including, but not limited to: the disclosure of (i) a material connection between the endorser and Publisher, (ii) requests made to provide an endorsement and (iii) any compensation received by the endorser for its endorsement. Publisher shall never use the word “free” or use a substantially equivalent claim, except if such claim is accurate;
- not make any misrepresentations or publish misleading information;
- modify or hide any specific disclosures or disclaimers;
- observe and comply with the terms, conditions, guidelines and policies of all third party services they use, including but not limited to social media services, search engine marketing systems and other third party services;
- refrain from using sweepstakes entries, lotteries, rewards, points or other participation incentives in their activities;
- not circumvent any security measures or tracking systems nor attempt to automate or falsify activity through the links;
- not modify the links or transaction tracker codes in any way;
- not create the impression that the website of the Publisher or its services are provided or endorsed directly by Attrace;
- not display any content next to or one click away from third party content, if such third party content in itself would be in violation of this Code of Conduct;
- comply with all data protection laws, rules and regulations in all relevant jurisdictions;
- comply with all reasonable requests from Attrace.
In case an Publisher makes use of automated systems or software for its activities, that Publisher shall make sure that the use thereof shall not lead to a breach of this Code of Conduct. The relevant Publisher is responsible and liable for any actions so taken.
A Publisher is solely responsible and liable for the development, operation and maintenance of its website(s) and database(s) and for any and all content that may appear on its website(s). For the avoidance of doubt, Attrace is not responsible for content on third party websites and does not accept any liability for content on third party websites.
Publishers shall ensure that all its activities comply with relevant legal rules and regulations regarding SPAM (such as, but not limited to: the CAN SPAM Act 2003 and the EC Directive 2002/58, which is enacted in the Netherlands in the Dutch Telecommunications Act), and shall ensure that at least the following terms are met:
- all email lists must be opt-in lists whereby the recipient has pre-approved and agreed to receive email messages specifically from the Publisher. No rented, leased or third party lists may be used;
- a Publisher may not advertise in any way that effectively conceals or misrepresents its identity, its domain name or their return e-mail address;
- the Publisher is the sender of the email, pursuant to (anti-)SPAM rules (this includes that (i) the Publisher must be identified in the “From:” field of the email, (ii) the Publisher must state in the email how the Publisher obtained the recipient’s email address and (iii) the Publisher must make clear that Attrace is not the sender of the email).
A Publisher shall delete, recall and cease the use of content of Attrace Merchants immediately after their participation in the relevant program ends.
In case of an alleged breach of this Code of Conduct by a Publisher, that Publisher shall comply with all investigations and requests from or on behalf of Attrace and the relevant Affiliate shall provide all information necessary in connection with such investigation or inquiry.
Publisher acknowledges that in the event that Publisher has breached this Code of Conduct, its name and address may in certain circumstances be disclosed by Attrace to a third party.
Attrace may amend, supplement or revise this Code of Conduct at any time and such amended, supplemented or revised Code of Conduct shall automatically be applicable. Each Affiliate hereby pre-approves and agrees to any amended, supplemented or revised Code of Conduct.
EACH AFFILIATE ACKNOWLEDGES AND AGREES THAT A VIOLATION OF THIS CODE OF CONDUCT MAY RESULT IN TERMINATION FROM THE ATTRACE ECOSYSTEM, THE FORFEITURE OF ANY PUBLISHER COMMISSIONS AND THE REQUIREMENT TO RETURN ANY PUBLISHER COMMISSIONS OBTAINED BY MEANS THAT ARE IN BREACH OF THIS CODE OF CONDUCT