Publisher Distribution Compliance Guidelines

 

These Compliance Guidelines (“Guidelines”) govern the relationship between you (“Publisher” or “you”), a distributer, affiliate, partner or publisher promoting, offering and distributing the Products (as defined in the Affiliate Agreement and herein below) and Songo Media Group Ltd. the developer or licensor of the Products (“Company”, “us”, “we”).

We are committed to the industry best standards and a compliance regulation in promoting and distributing the Products and carefully select our Publishers; we require our Publisher’s to commit and comply with the terms of these Guidelines as listed below.

For the purpose of these Guidelines, the following definition shall have me meanings as set forth, otherwise, the definitions used herein shall have the same meaning as set forth in the Affiliate Agreement :

Distribution” shall mean the promotion, advertise and offering of the Products to the End User via the Inventory.

General

The Publisher must ensure that the Distribution and the Inventory are in compliance with all applicable laws, regulations (“Laws“). Moreover, the Publisher and the Inventory shall be fully compliant with industry best standards and practices, including without limitation the standards and terms of advertising networks, affiliates networks, anti-virus and security guidelines, search engines and browsers (“Industry Standards“).

Prohibited and Fraudulent Activity and Content

Any action taken directly or indirectly by the Publisher with respect to Distribution and the Inventory or any part thereof shall not and will not:

  • Encourage any activity, use, promotion or endorsement of any content that Company, in its sole discretion, deems to be one of the following (“Prohibited Content“): contain abusive, violent, demeaning, prejudicial, obscene, libelous, defamatory; sexually explicit, pornographic or obscene (whether in text or in graphics) content; related to gambling of any kind; “Hate Speech” or any content which contains content that is offensive, profane, threatening, harmful, harassing or discriminatory (whether based on age, race, ethnicity, creed, national origin, religion, gender, marital status, sexual tendencies, physical disability or otherwise); false, fraudulent, misleading or deceptive material, or material which impersonates others; politically sensitive or controversial material; any type of harmful applications or components which intentionally pose a security risk or create or exploit any security vulnerabilities in an End User’s device, including without limitation: viruses, spyware, malware, Trojan horses, spamware, worms, scareware (e.g., impersonate system alert stating: “you are missing a plugin”, “your computer is about to crash” when those statements are false) or any other malicious code or conduct; any content which is targeted at or designed to appeal to minors; content that infringe third party rights, including Intellectual Property rights, including any false association or repetition or endorsement or sponsorship that is not accurate (e.g., using the “Microsoft Certified” seal, using Windows/Chrome or any other operating system and browser logo when not relevant, mimicking a OS and browser notification, etc.).
  • Encourage any illegal activity or any other activity which Company, in its sole discretion, deems to be one of the following (“Prohibited Activity“): using, engaging with or facilitating deceptive or false representations or notifications to the End User (e.g., impersonating system notifications or misrepresenting that the installation is necessary for security or privacy purposes, or in connection with opening, viewing or playing a particular type of content) or any other manner of automated installation (including allowing updates or changes) without a conspicuous disclosure and the End User’s knowledge, control and prior informed consent; using automated traffic generation (e.g., scripts, web crawlers, spiders, bots or other similar non-human programs that result in clicks without the End User’s knowledge); taking any action that may pose any security risk, exploit known security vulnerabilities or harm the security of End User’s device or the privacy of the End User, or materially interfere with or disrupt web navigation or browsing, or triggering obstructive or intrusive functions that hinder an End User’s ability to use its computer; using any misleading, deceptive or fraudulent practices whatsoever with respect to the Inventory (including providing unproven or misleading endorsements); disabling, modifying, interfering or intervening with End Users’ control over the operating system, browser settings (including bypassing consent dialogs from web browsers or preventing the end-user from viewing or modifying his browser settings), browser functionality or webpage’s display without the prior and informed consent of the End User, or with any other processes or software applications in the End User’s device; replacing any existing advertisement; charging fees or making false or misleading claims about potential negative effects on the End User’s system or privacy if the application is uninstalled; no Inventory will require an End User to participate in an online activity nor will incentivize an End User by using misleading and fraudulent representations or incentivized automated clicks or automated interaction, and; Publisher shall not display, inject or generate the ads on private webpages such as HTTPS pages or SSL protected pages.

Compliance Requirement

  1. The Publisher shall solely use the creative provided by or approved by Company (except otherwise agreed in writing between the parties).
  2. If applicable, the Publisher shall not initiate or cause the direct installation of the Products by the End User, and only direct the End User to the Products’ offering pages (“Landing Page”) in which the End User shall be able to download, set, add or install the Products’ solely by actively clicking the “Install” or “Download” button (as applicable). It is hereby clarified that no other random or direct click on a banner, white space, word, link or any other space in the Landing Page shall initiate the install of the Product.
  3. The Inventory or creative that was not provided by Company, may not: (i) contain audio or flash animation that plays automatically without an End User’s interaction; (ii) shall not perform an automatic download to a user’s system or present a download dialog box without first presenting detailed information and a user-affirmed click to proceed with the download, set or install of the Products; and (iii) represent false and misleading information (e.g., “you are missing a plugin”, “your software in not up to date”, etc.), the Distribution shall promote the Products in a true, smart and quality.
  4. The Publisher acknowledges that its ability to generate revenues from the Distribution is directly dependent on the quality of the online End Users delivered by it.

Changes to an End User’s Browser

In the event the Product is an extension available on the Chrome store the Product may be added to the applicable browser solely by using the applicable installation flow (e.g., a Chrome Extension shall be installed via the in-line installation flow and API systems provided by the applicable Chrome). The Publisher and the Advertising Materials may not use means of bypassing any original operating system or browser dialogs and provides the user with full control over the user settings, all in compliance with the MMPC Guidelines as specified here (as may be updated by Microsoft from time to time) and with the applicable Google and Chrome Guidelines such as: Developer Policies and the Malware and Unwanted Software Policy (as may be updated by Google from time to time).

Data collection

The Publisher shall not in any manner infringe End User’s privacy rights and shall not collect, transmit, disclose, copy or use End User’s personal identifiable information without the End User’s explicit and informed consent. If the Publisher wishes to collect any data from End Users, the Publisher must provide End User with privacy policy which shall be available for display to any End User before any information is being collected and shall adhere to the actual usage of the End User’s personal information. Such privacy policy must have clear and accurate description of the information that is collected, used or shared with third parties, the method and purpose of collection, and the type of recipients of any such collected information. Sensitive information (e.g. banking details) should be collected and retained with proper encryption.

Publisher acknowledges and agrees that at any time during the term hereof, if in Company’s reasonable judgment the Publisher is not in compliance with the Guidelines, engages in any Prohibited Behavior or any other activity which has an adverse impact on the End Users or Company’s reputation or the Product’s reputation and branding, then Company may, at its sole discretion: (i) terminate the Distribution, immediately or (ii) take any measures needed to prevent or correct such behavior or other activity.