DOWNLOADABLE SOFTWARE POLICY
This Downloadable Software Policy (the “Downloadable Software Policy”), together with the Publisher Terms and Conditions (which are expressly incorporated herein by reference), outlines MarketLeverage’s policies regarding downloadable software, and constitutes a legally binding agreement between all users of MarketLeverage’s website (the “Website”) and the services provided by MarketLeverage through the Website (the “Services”), including, without limitation, each Publisher (as defined by the Publisher Terms and Conditions) and those persons who access some of MarketLeverage’s Services via the Website but do not have a member account or a direct commercial relationship with MarketLeverage (collectively, “You” or “Your”).
BY USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF, THIS DOWNLOADABLE SOFTWARE POLICY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS DOWNLOADABLE SOFTWARE POLICY, YOU ARE NOT AUTHORIZED TO REGISTER AS A PUBLISHER OR USE THE WEBSITE OR SERVICES IN ANY MANNER WHATSOEVER, AND YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
MarketLeverage reserves the right, in its sole discretion, to revise, amend, or modify this Downloadable Software Policy at any time and in any manner. The latest Downloadable Software Policy will be posted on the Website. Your continued use of the Website and/or Services after any such modification thereof shall constitute Your consent to such modification.
Use of Downloadable Software
The Programs made available in connection with the Services are generally intended for placement on Publisher websites and in Publisher e-mails, not in downloadable software programs (“Downloadable Software”). However, where MarketLeverage provides express written authorization, MarketLeverage will allow certain Programs to be included in/with Downloadable Software that meets the requirements of all applicable federal, state and local rules, regulations, statutes, court orders and decrees, as well as industry standards, as determined in the sole and absolute discretion of MarketLeverage. Prior to including any Program in/with Downloadable Software, MarketLeverage must first approve the Downloadable Software, as well as the Programs to be used in the Downloadable Software, in an acceptance e-mail (the “Acceptance E-mail”). You may only use the Downloadable Software approved in the Acceptance E-mail with the Programs approved in the Acceptance E-mail. No other Downloadable Software shall be permitted, nor may You use the approved Downloadable Software in connection with any other Programs, without prior authorization from MarketLeverage. MarketLeverage may reject Your request to use Downloadable Software and/or terminate Your use of authorized Downloadable Software at any time for any reason, in the sole and absolute discretion of MarketLeverage.
All Downloadable Software must, at a minimum, satisfy the following conditions, as determined by MarketLeverage in its sole and absolute discretion:
1. Informed User Consent. A user must provide informed, affirmative consent before the Downloadable Software may be installed on the user’s computer. Informed, affirmative consent means, without limitation, requiring a clear, unambiguous and affirmative manifestation of consent by the user to install the Downloadable Software and providing the user clear and conspicuous notice regarding (i) the information collected, tracked and/or transmitted by the Downloadable Software, (ii) changes made to the user’s computer settings, (iii) the types of advertisements that will be displayed to the user and the frequency of such advertisements, and (iv) and the full legal name and address of the Downloadable Software vendor.
2. Consistency of the Downloadable Software. Downloadable Software must not surprise users with notices, disclosure, or actions that are inconsistent with the applicable Downloadable Software’s initial solicitation, disclosures or notices.
3. Targeting of the Advertisements and Downloadable Software. Neither the Downloadable Software nor the advertisements delivered through the use of the downloadable software may be targeted toward users under the age of 18. Notwithstanding the foregoing, the Downloadable Software and the advertisements must comply with the Children’s Online Privacy Protection Act (“COPPA”). MarketLeverage expressly reserves the right to make the final determination as to the intended audience of any and all Downloadable Software and the advertisements delivered through the use of the Downloadable Software.
4. Benefit to Users. The Downloadable Software must offer users a genuine benefit in exchange for installing the Downloadable Software and receiving the advertisements delivered through the Downloadable Software. If the Downloadable Software merely shows advertisements to the users without offering anything substantial in return, the Downloadable Software does not offer a genuine benefit to the users.
5. Frequency and Intrusiveness of the Advertisements. Downloadable Software must not show an unreasonably numerous amount of advertisements or advertisements that are intrusive in nature. Each advertisement displayed via the Downloadable Software must be closable by a user using ordinary operating system functions, such as by clicking on the “X” in the upper-right hand corner on the applicable advertisement’s title bar.
6. Advertising Placement. An advertisement displayed via the Downloadable Software may not altogether replace, or redirect a user away from the website or webpage that the user requested. Advertisements displayed in response to the user’s attempt to access a certain website or search for a certain trademark are strictly prohibited absent the express consent of the applicable website and/or trademark owner, as applicable.
8. Removal. A user must be able to remove Downloadable Software via the standard function within the user’s operating system (e.g., The Add or Remove Programs in the Control Panel of Microsoft Windows). The procedure for removing the Downloadable Software may not unreasonably impede the removal of the Downloadable Software.
9. Fair Value to Advertisers. Downloadable Software must generate bona fide Events (as defined by the Publisher Terms and Conditions) for the Advertisers. Without limiting the generality of the foregoing, an Event shall not be considered a bona fide Event if it is associated with a user who is already at an Advertiser’s website or actively searching for an Advertiser’s website.
10. Reputation; Record of Compliance. The Downloadable Software, and the Downloadable Software’s vendor, must each have, in MarketLeverage’s sole discretion, a strong track record of compliance with all applicable laws, rules, regulations, and industry standards.
11. Termination. MarketLeverage may, in its sole and absolute discretion, terminate Your account or disable the links of any Program for any breach or suspected breach of this Downloadable Software Policy, without notice to You.
Last Updated: 8/26/08