Affiliate Program Rules and Restrictions
These Affiliate Program Rules and Restrictions (“Rules”) may be revised at any time, and such changes will automatically be effective seven (7) days after the amended Rules have been provided to Affiliate Partner. Affiliate Partner’s continued participation in the Olive Affiliate Program will constitute acceptance of the revised Rules.
BY PARTICIPATING IN THE OLIVE AFFILIATE PROGRAM, AFFILIATE PARTNER CONFIRMS ITS ACCEPTANCE OF AND AGREEMENT TO COMPLY WITH THE FOLLOWING RULES AND RESTRICTIONS:
- Media and Tactics. Affiliate Partner must provide Company with complete and accurate information about the nature and operation of Affiliate Partner Media and submit all promotional methods and tactics to be used in connection with the Ad campaigns under the Affiliate Program for approval by Company. Affiliate Partner may only use promotional methods and tactics that have been previously approved by Company in writing. Company’s authorization of any promotional method or tactic may be revoked at any time in Company’s sole discretion.
- Network Transparency. All Third-Party Publishers shall be subject to the prior written approval by Company. Third-Party Publishers must have been doing business with Affiliate Partner for at least 90 days to be eligible for inclusion in the Olive Affiliate Program. Exceptions to the foregoing requirement shall be subject to the prior written approval by Company on a case by case basis. Affiliate Partner shall not, directly or indirectly, syndicate the Company Feed to any third-party affiliate network unless approved by Company in advance in writing.
- SEM Restrictions. Affiliate Partner shall comply with any search engine marketing-related restrictions provided in connection with any Campaign Rules hereunder including but not limited to negative keyword lists and brand usage restrictions/parameters. Upon request by Company, Affiliate Partner agrees to implement, at its own expense, and use on a regular basis and no less than once per week the following tools to monitor Affiliate Partner Media for compliance with all SEM restrictions applicable to Company’s Advertisers: SearchMonitor, BrandVerity or such other tool(s) that are approved by Company in writing prior to use.
- Creative Modification. Except for reformatting to meet applicable technical requirements of Affiliate Partner Media, Affiliate Partner shall not modify any Advertiser-specific data, information, or creative content provided by Company in connection with the Affiliate Program without the prior written consent of Company in each instance.
- Prohibited Sources. Company may provide Affiliate Partner with a list of restricted downstream providers (the “Restricted List”), which may be updated from time to time in Company’s sole discretion. No Affiliate Program Ad may be placed, directly or indirectly, with any person or entity included on the Restricted List without prior written approval by Company.
- Prohibited Tactics. In connection with the Affiliate Program, Affiliate Partner shall not directly or indirectly:
- engage in any promotional methods or activities designed to artificially inflate either the number of sales generated hereunder or any related quality metrics;
- offer or provide incentives to consumers other than those provided by Company directly;
- engage in any form of fraudulent, misleading, or deceptive advertising or related practices including but not limited to using false endorsements or testimonials or impersonation of being affiliated with a government agency;
- use any user-generated content sites, personal homepages, message boards, internet forums, chat rooms, or classified websites (e.g. craigslist) unless approved by Company in advance in writing;
- use any forms of framing (i.e. Iframes, hidden frames, and/or mirrors) unless approved by Company in advance in writing;
- engage in any outbound email or telemarketing (including SMS/MMS) campaigns, or utilize any auto-dialing feature or technologies, unless approved by Company in advance in writing and subject to compliance by Affiliate Partner with all applicable laws and regulations;
- use any social media platforms to promote Advertisers unless approved by Company in advance in writing and subject to compliance by Affiliate Partner with all applicable website terms and conditions; or
- collect, store or otherwise use any personally identifiable information or any data that could individually or when combined with other attributes, identify an individual (including but not limited to name, address, phone number, email, social security number, account number, or security key) or permit any Third-Party Publisher or any other party it uses to facilitate its performance under the Affiliate Program to collect, store, or otherwise use any such information unless otherwise approved by Company in advance in writing (including for any mutually-agreed upon Affiliate Partner Data that may be provided to Company and/or its Advertisers in accordance with the Terms) and subject to compliance by Affiliate Partner with all applicable laws and regulations.
- Media Restrictions. As between the parties, Affiliate Partner shall be solely responsible for the development, maintenance and operation of all Affiliate Partner Media and for all content and other materials that appear thereon from time to time. Affiliate Partner shall ensure that no Ads appear on any Affiliate Partner Media that:
- violates any applicable laws or regulations;
- infringes upon the property or other rights of an Advertiser or any third party including but not limited to unauthorized bidding on branded keywords or other misuse of an Advertiser’s trademark rights;
- contains adult-oriented or age-restricted products or services without applicable or required age- verification services;
- contains obscene, hate-related, or other content deemed objectionable by Company and/or its Advertisers;
- causes for any software to be installed on Users’ devices either as the direct or indirect result of a page or Ad view or otherwise without the User’s knowledge or consent (e.g. “spyware,” “adware,” or any similar software that either covertly gathers User data or displays unsolicited advertising whether through pop-up or pop-under advertisements, redirect website or search requests, browser toolbars, or similar mechanisms);
- is directed primarily to users outside of the United States and Canada; or
- is otherwise restricted under applicable Campaign Rules.Duty to Inform. Affiliate Partner shall inform Company immediately if it becomes aware or has legitimate concern of any fraudulent or questionable activity in connection with the Affiliate Program.