We are working in new TOS sections to cover all aspects of Parasitic marketing, your thoights and input is highly appreciated on the below draft exerts.
( Point 4 Drafted from Linda's original listing )
Two Parts. Responsibilities / Definitions.
1/ Consumers who link to Merchant’s site through a Qualifying Link on Affiliate’s site shall
experience Merchant’s site exactly as if they had accessed it directly from their browsers.
Additionally, Affiliate shall not transmit any so-called “interstitials”, "ParasiteWare™", "Shopping Assistance Software", "Shopping Wallets" or “pop ups/unders” to Consumers from the time the Consumer clicks on a Qualifying Link until such time as the Consumer has fully exited Merchant’s site (i.e., no page from Merchant’s site or any Merchant content or branding is visible on the Consumer’s screen).
2/ Affiliate shall not cause the creation or over writing of a tracking cookie on a Consumers computer unless it is the direct result of a click, on a Qualifying Mark, to the Merchant’s site from a web site or e-mail. Affiliate will also not cause the creation of a tracking cookie on a Consumers
computer through means of automatically popping up the Merchant’s site, nor through the use of Iframes or any other means that a direct Consumer initiated click on a Qualifying Mark, to the Merchant’s site.
3/ Under no circumstances shall Affiliate send commercial electronic mail messages as defined in the new Federal spam law, the CAN-SPAM Act of 2003 [the "Act"], with respect to Merchant’s Program. For clarification, this does not prohibit Affiliate from sending transactional or relationship messages as defined in the Act. Merchant reserves the right to collect, withhold, or cancel any and all compensation related to the content Affiliate sends via commercial electronic mail messages that violate the CAN-SPAM Act of 2003.
4. Affiliate agrees not to automatically set tracking cookies on the Consumer's computer in any way. i.e. Only direct clicks on a Qualifying Link by a site visitor may be used as a way to initiate the creation or overwriting of a tracking cookie. Automatic setting of tracking cookies or causing forced clicks by way of the automatic creation of new browser sessions feature the Merchant, off screen browser sessions, application pop ups, multimedia fly bys, site framing techniques, web page redirects, hidden links or any other means shall result in the immediate termination of all Engagements and this Agreement along with loss of all outstanding revenue earned from the Offer.
Parasiteware / Parasitic Marketing:
a. A software that through accidental or direct intent causes the overwriting of affiliate and non affiliate tracking cookies through any other means than a customer initiated click on a Qualifying Link on a web page or email.
b. A software that intercepts natural searches to redirect traffic through an installed software, thereby causing, pop ups, tracking cookies to be put in place or other tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the natural search. (Natural search engines being, but not limited to, Google, MSN, Yahoo, Overture, AlataVista, Hotbot, LookSmart and similar search or directory engines)
c. The setting of tracking cookies through loading of Merchant site in IFrames, hidden links and automatic pop ups that open the Merchant site.
A “Qualifying Link” is a link from Affiliate’s web site or email to Merchant’s using one of the Required URLs or any other URL provided by Merchant for use in The LinkShare Network™ if the Consumer completes a Qualifying Transaction during a Session; however, if a Consumer links from another Affiliate during a Session, the Qualifying Link shall be considered to be from the last Affiliate site the Consumer visited prior to completing a Qualifying Transaction, that does not violate any of the terms laid out in this agreement
Any breach of any of the provisions of this Section shall be deemed a material breach by
Affiliate of its Engagement and this Agreement and Merchant reserves the right to immediately terminate all Engagements and this Agreement along with loss of all outstanding revenue earned from the Offer.
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