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  1. #1
    Full Member ahmar's Avatar
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    Question Extract from CJ Publisher's Agreement
    Just came across CJ's agreement after long time, so few things just struck me and wanted to clarify if this agreement is still valid. If it is then implemented, if it is implemented then why do we even have few "AFFILIATES" voilating it and getting away with it or they get special approval to be exlcluded from these clauses. Or maybe I am not reading it correctly and missing something, if thats the case please someone tell me the right intrepertation of the following clauses. I know this question must have come up thousands times before but just wanted to confirm if it is still valid or has been superseded by new one that I am not aware of:

    2.2 Use of Links to Advertisers................. You shall not cause any Transactions to be made that are not in good faith, including, but not limited to, using any device, program, robot, Iframes, hidden frames, redirects or clicking on Links that You place to the Advertiser. You shall not establish or cause to be established any promotion that provides any rewards, points or compensation for Transactions........................
    2.3 Termination from Advertiser's Program/Campaign.............
    (a) operation of an illegal business through such Web site and/or subscription email list;
    (b) engaging in any illegal activity of any type, including but not limited to displaying illegal content on Your Web Site and/or in Your subscription emails or offering any illegal good or service through Your Web Site and/or subscription emails;
    (c) operation of a Web site or email Link to Web sites that contain or promote, any of the following content: libelous, defamatory, obscene, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, or Link to a Web site(s) that does so;
    (d) engaging in indiscriminate or unsolicited commercial advertising emails;
    (e) placing Links to Your Web site in newsgroups, message boards, unsolicited email and other types of spam, banner networks, counters, chatrooms, guestbooks, IRC channels or through similar Internet resources;
    (f) causing or enabling any Transactions to be made that are not in good faith, including, but not limited to, by means of any device, program, robot, Iframes, hidden frames, and redirects;
    (g) establishing or causing to be established any promotion that provides any rewards, points or compensation for Transactions, or that allows third parties to place Links to the Advertiser's Web site or Web site content, without such Advertiser's prior written permission;
    (h) breach of the licensing provisions of this Agreement;
    (i) breach of any other intellectual property right provision of this Agreement or other of common law intellectual property rights of Advertiser; and/or
    (j) diluting, blurring or tarnishing the value of Advertiser's trademarks, tradenames, and/or service marks.
    CJ may terminate You/Your Sub-Publisher from an Advertiser's Program or Campaign in CJ's sole discretion.
    <DT>[size=1][color=navy]"The best measure of a man's honesty isn't his income tax return.[/color][/size]<DT>[size=1][color=navy]It's the zero adjust on his bathroom scale." Arthur C. Clark[/color][/size]</DT>

  2. #2
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    These meaningful TOS guidelines become worthless when ignored by both the networks and the sleezeball affiliates. Y-2005 is the year CJ should boot out the darkside players and demand merchant AM's work on providing high conversion landing pages and creatives.
    Webmaster's... Mike and Charlie

    "What have you done today to put real value into a referral click...from a shoppers viewpoint!"

  3. #3
    Resident Genius and Staunch Capitalist Leader's Avatar
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    That's been against the official TOS forever. But as you can see by the presence of parasiteware, it gets as much attention (and enforcement) as a speed limit in Commerce Twp. after midnight.

    Not that I want the speed limit to start getting enforced LOL! But it'd be nice to be rid of the parasites.
    There is no knowledge that is not power. ~Hemingway

  4. #4
    ABW Ambassador erninator's Avatar
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    I think this may explain it:

    CJ may terminate You/Your Sub-Publisher from an Advertiser's Program or Campaign in CJ's sole discretion.

    This means CJ can chose to enforce the TOS or not. It make the whole TOS worthless.
    ~Ernie

  5. #5
    Super Sh!t Stirrer SSanf's Avatar
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    "All animals are equal, but some animals are more equal than others."
    Comments are opinion unless otherwise noted. Remember, pillage first. Then burn. Half of all people in the world have IQs under 100. You best learn to trust ol' SSanf!

  6. #6
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    "Four legs good, two legs bad!"

  7. #7
    Super Sh!t Stirrer SSanf's Avatar
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    Yep, CJ sure seems reminicent of "Animal Farm".
    Comments are opinion unless otherwise noted. Remember, pillage first. Then burn. Half of all people in the world have IQs under 100. You best learn to trust ol' SSanf!

  8. #8
    Full Member ahmar's Avatar
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    Well, then bottom line is, it just there to push one extra "Agree" button before it lets you register.
    <DT>[size=1][color=navy]"The best measure of a man's honesty isn't his income tax return.[/color][/size]<DT>[size=1][color=navy]It's the zero adjust on his bathroom scale." Arthur C. Clark[/color][/size]</DT>

  9. #9
    ABW Ambassador
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    Why it could use some updating, that is some pretty selective quoting.

    The full 2.2 sentence is:
    You shall not establish or cause to be established any promotion that provides any rewards, points or compensation for Transactions, or that allows third parties ("Sub-Publishers") to place an Advertiser's Links on its Web site or in its emails, unless You receive the Advertiser's prior written permission, upon notification to and verification by CJ.
    Which has always been that way, some merchants allow you to use incentives, some do not. You keep seeming to gloss over that little end to the sentence.

  10. #10
    Full Member ahmar's Avatar
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    Thanks Chetf for the clarification thats what I wanted to know if I am omitting something while reading. Contractually, there is a way to get around 2.3 (g).

    2.3 (f)?
    <DT>[size=1][color=navy]"The best measure of a man's honesty isn't his income tax return.[/color][/size]<DT>[size=1][color=navy]It's the zero adjust on his bathroom scale." Arthur C. Clark[/color][/size]</DT>

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