These terms and conditions ("Agreement") are agreed to by the person or entity ("Affiliate") whose name and address appear in the application ("Application") to participate in LucraTel, LLC, Inc's affiliate network (the "Network"). As a participant in the Network, Affiliate shall display and distribute advertising creatives, including without limitation e-mails, web sites, links, and banner advertisements, and search engine placement (collectively, "Ads"), promoting the products or services of advertisers with whom LucraTel, LLC Inc. ("LucraTel, LLC") has contracted to provide online advertising services ("Advertisers"). The promotion of a particular Advertiser offer shall be referred to in this Agreement as a "Campaign". Specific payment and other terms applicable to each Campaign shall be specified in "Campaign Terms" made available by LucraTel, LLC to Affiliate through the Network web site ("Network Site"). For purposes of this Agreement, LucraTel, LLC and Affiliate are a "party" and together, the "parties".
1. Approval of Affiliate.
Registration with Site shall not confer any right on Affiliate to market or promote any Programs (as defined under section 2) made available by LucraTel on the Site on behalf of its clients (the dvertisers. Participation by Affiliate is subject to review and approval. Official approval requires meeting the criteria listed under section 1.1 below, however approval is not automatically granted upon fulfillment of said criteria. LucraTel reserves the right to withhold or refuse approval for any reason or for no reason. Once Affiliate has been accepted into the Program, Affiliate continued right to participate is conditioned upon Affiliate ongoing compliance with Terms and Conditions. Affiliate shall promptly notify LucraTel in the event of a material change in its business practices or strategy. Approval of an Affiliate can be withdrawn by LucraTel, at any time for any reason.
1.1. Minimum Eligibility Requirements.
In order to be eligible to become an Affiliate, all websites, affiliated websites and e-mail distribution lists (collectively the edia must meet the following criteria, at a minimum:
- All Affiliates that wish to send advertisements via email must have the consent of the consumer to send such email and each Affiliate shall maintain records evidencing such consent including, without limitation:
(i) Member opt-in date
(ii) Registration source
(iii) First name
(iv) Last name
(v) Email address
(vi) Any other information collected
and will supply such records to LucraTel within two business days of request therefore;
- Unless otherwise approved in writing by LucraTel, Affiliates may not offer incentives to users as means to enhance the performance of any Program (as defined below); incentives include but are not limited to awarding them cash, points, prizes, contest entries, etc.;
- Affiliate websites must be fully functional at all levels; no "under construction" sites or sections;
- Affiliate policies must be compliant with state and federal laws and regulations including but not limited to the CAN-SPAM Act of 2003
- Spawning process pop-ups are prohibited; and
- Such other criteria as LucraTel may from time to time determine, in its sole discretion.
1.2. Affiliate Website Content.
The content of Affiliate Media shall be subject to LucraTelsubjective approval and must comply with all applicable laws and regulations (including all laws respecting intellectual property rights) and, in any event, shall not include the following:
- Pornographic material, including any material appealing to the prurient interests
- Racial, ethnic, political, hate-mongering or otherwise objectionable content;
- Investment, money-making opportunities or advice not permitted under law;
- Gratuitous violence or profanity;
- Material that defames, misrepresents, abuses, or threatens physical harm to others;
- Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, etc.;
- Software Pirating;
- Hacking or Phreaking;
- Obscenity and any spoofing, redirecting, or trafficking from adult-related websites in an effort to gain traffic;
- infringement or violations of the patents, copyrights, trademarks, rights of publicity, rights of privacy, moral rights, music performance or other music-related rights, or any other right of any third party;
- Any illegal activity whatsoever; and
- Links to any affiliate networks
2. Use of the Site.
2.1. The Site allows LucraTel to post offers of advertising programs sponsored by LucraTel or its affiliates on the system ("Program(s)"). The Programs will specify the amount and terms under which Affiliate will receive payment when the applicable Program's requirements are fulfilled. Compensation is derived from a specified event ("Event") identified in a Program, such as clicks, click-throughs, sales, registrations, impressions and leads. If Affiliate accepts a Program, Affiliate agrees to place that Program's advertising creative (including the subject and from lines, the Advertiser CAN-SPAM disclosures and any other disclosures provided therein) ("Ad") on Affiliate Media. Affiliate shall display the Ad exactly as it appears on the Site and will not alter it in any way. Failure to adhere to this requirement may, in addition to all other remedies available to LucraTel, result in termination of Affiliate. LucraTel may change a Program at any time, upon reasonable advance written notice to Affiliate. LucraTel is responsible for displaying and administering all active Programs and tracking the payments owed.
2.2. Special Rules Governing Email Campaigns.
2.2(b). No Misleading Headers or Other Masking of Email Origin. An email may not include falsification of header information, false registrations for email accounts or IP addresses used in connection with email ads, and retransmissions of an email ad for the purpose of concealing its origin. Affiliate and/or their email delivery providers are prohibited from relaying or retransmitting emails from a computer or computer network that was accessed without authorization.
2.2(c). Subject lines may not be false or misleading such that it would likely mislead a reasonable recipient as to the contents or subject matter of the message. Affiliate may only use approved Subject Lines available provided by LucraTel or Subject Lines for which Affiliate has documented approval from LucraTel.
2.2(d). Email Ads Must Contain Clear Identification. Messages containing advertisements or solicitations must identify themselves as such, and do so by lear and conspicuousmeans. Further, the sender must identify itself as the initiator and sender of the email including physical address.
2.2(e). Effective Method of Opting Out of Future Mailings. Senders of commercial emails must give recipients an effective means of requesting not to receive future email ads from that sender. At a minimum, the Affiliate must give the recipient the ability to send a reply message to unsubscribe, opt out via postal letter and provide a functioning unsubscribe link that must remain in operation for 30 days from the date of the original email transmission.
2.2(f). All unsubscribe requests must be adhered to within 10 business days from their receipt. You may not sell or transfer an email address once someone has opted out of receiving future communications, whether from only the advertiser or globally.
2.2(g). No Random or Invalid Generation of Email Addresses. Affiliate is responsible for knowing the source of its email list. Email addresses may not be obtained by the use of a program for random generation of email addresses, and/or crapingwebsites or online services. Affiliate must have opt-in data for all recipients in its database.
2.2 (h). Monitoring. LucraTel shall be constantly monitoring, on its own or with the assistance of third parties, the Affiliates for compliance with these Terms and Conditions.
LucraTel grants Affiliate a revocable, non-transferable, non-exclusive limited license to use the Site (including any Ads posted thereon) and any data, reports, information or analyses arising out of such use (the ite Data solely for the purpose of marketing or promoting the Programs hereunder and subject to these Terms and Conditions and the applicable Program Terms. If an Affiliate also maintains its own network of Affiliates ("Third Party Affiliates"), such Affiliate may not provide Ads to its Affiliates, without the prior written consent of LucraTel. You acknowledge and agree to assume all liability for the Third Party Affiliates and will ensure that Third Party Affiliates comply with these Terms and Conditions and all applicable laws and regulations.
If an Affiliate fails to adhere to the foregoing requirement, in addition to any other remedies available to LucraTel, Affiliate shall forfeit its rights to any amounts owed by LucraTel to Affiliate. Affiliate acknowledges and agrees that Affiliate does not have, nor will it claim any right, title or interest in the Site software, applications, data, methods of doing business or any elements thereof, or any content provided on the Site (including the Ads). Affiliate may only access the Site via web browser, e-mail or in a manner approved by LucraTel. Affiliate will not attempt in any way to alter, modify, eliminate, conceal, or otherwise render inoperable or ineffective the Site tags, source codes, links, pixels, modules or other data provided by or obtained from LucraTel that allows LucraTel to measure ad performance and provide its service. In addition, Affiliate acknowledges that all non-public information, data and reports received from LucraTel hereunder or as part of the services hereunder is proprietary to and owned by LucraTel. If instructed to do so by LucraTel and/or if Affiliate shall be terminated by LucraTel, Affiliate will immediately destroy and discontinue the use of any LucraTel data, including Site Data, and any other material owned by LucraTel or the Advertisers.
Affiliate agrees that Affiliate will not approach or attempt to engage in a contract with any of LucraTelclients (each such client, individually a lientand all such clients, collectively lients directly or indirectly via a Client Ad agency, broker or any other person or entity. LucraTel will promptly reply in writing to any inquiries received from Affiliate regarding the status of any person or entity as a LucraTelClient so as to aid Affiliate in its efforts to comply with the non-solicitation provisions of these Terms and Conditions. Because LucraTel will be irreparably harmed by Affiliate conduct, and because the true extent of such harm will be impossible to quantify, monetary damages will not be an adequate remedy for any such conduct. Affiliate agrees that LucraTel shall be entitled to injunctive relief precluding Affiliate from taking or continuing any action or conduct in violation of this provision, to be issued by any court of competent jurisdiction upon a showing of any such conduct by Affiliate.
5. Participation in our Program.
Affiliate website will be subject to LucraTelreview and approval. Approval shall be written or by electronic submission. All Program related websites will contain links (inks provided by LucraTel. Affiliate website is also subject to LucraTelreview and approval, of which shall not be unreasonably withheld.
Affiliate agrees to use the Links in the exact form that we deliver them to Affiliate. Affiliate agrees not to modify, alter, delete, or adapt the Links in any manner without LucraTelwritten approval. Links must be served from the LucraTel server, unless otherwise permitted in writing by LucraTel. Affiliate shall not take any actions to impede the action of or to disable any such links. Affiliate agrees to, if request by LucraTel, modify or alter Links or Tracking devices in the manner requested by LucraTel. Affiliate further agrees that it shall in no event modify or interfere with Tracking devices unless specifically instructed to do so by LucraTel in accordance with the previous sentence.
If a Program for email distribution includes a requirement for a sample email (eeds to be sent to email address(s) to be provided to Affiliate for approval prior to being marketed by Affiliate, you agree not to market a Program until approval has been granted. Seeds may also be required to be included in the email list when using a Program, and you agree to include Seeds in your list when using a Program with this requirement.
LucraTel actively monitors traffic for fraud. If fraud is detected, Affiliate account will be made inactive pending further investigation. Affiliate accounts are flagged that, among other things
- Have click-through or conversion rates that are much higher than industry averages and where solid justification for such higher click-through or conversion rates is not evident to the reasonable satisfaction of LucraTel;
- Have ONLY click or lead generation programs generating clicks or leads with no indication by site traffic that it can sustain the clicks or leads reported;
- Have shown fraudulent leads as determined by the Advertisers;
- Have used any incentives to procure clicks or leads
- Have provided leads obtained other than through intended consumer action. For instance, use of phone books, or similar such compilations of personal data, to complete lead generation forms shall be considered fraudulent behavior.
- Use fake redirects, automated software, and/or other fraudulent mechanisms to generate Events from the Programs.
If Affiliate fraudulently adds leads or clicks or inflates leads or clicks by fraudulent traffic generation (such as pre- population of forms or mechanisms not approved by LucraTel or use of sites in co-registration campaigns that have not been