Distribution Traffic Quality Guidelines
These guidelines are binding upon any distribution partner who enters into an agreement with Company for the promotion and distribution of a Software and/or Bundle of software developed, owned or operated by Company (or that was licensed to Company). Please note that Company may change or update these guidelines from time to time subject to its sole discretion including for the purpose of addressing and properly reflecting the terms, conditions and guidelines of relevant third parties and to reflect recent updates of applicable laws, regulations and industry best practices. These Guidelines do not derogate in any way from Distributor’s representations, undertakings and obligations under any agreement which was entered between Distributor and Company or any other document binding upon Distributor. Furthermore, these Guidelines are only aimed to provide Distributor with key principles to which it must adhere and does not derogate from Distributor’s obligations to act at all times pursuant to any applicable law, contractual obligations, terms of service, privacy policies and guidelines of third parties (including – as applicable – publishers, networks, Internet service providers, search engines and browsers) and the industry best practices.
- Definitions
- “Distribution Service” as described under the agreement between the parties.
- “Distributor” means the Distributor and its upstream distribution partners, installers and affiliates (if applicable and permitted by an agreement between the parties).
- “Offer” means a downloadable Product’s offer to an end user during the installation process of number of downloadable Products.
- “Product” means a Software, Bundle, application, feature, utility or other product that is being promoted, distributed and installed by Distributor (or its affiliates), either owned and operated by Company or not;
- “Prohibited Activity” means any illegal or questionable activity including without limitation: (a) Fraudulent Activity (as defined under the Agreement by the Parties); (b) using deceptive or false representations and/or notifications to End Users in order to initiate a Product’s installation without the End User’s awareness, knowledge or consent; (c) using automated or direct installation of a Product (this may include any non-human programs that result in installation of a Product or any other program without the end user’s knowledge); (d) act in a fashion that may harm or dilute Company’s or a Software’s reputation; (e) take any action that may harm the security of End User’s device or the privacy of the End User, or materially interfere with or disrupt web navigation or browsing; (f) using any misleading, deceptive or fraudulent practices whatsoever with respect to the distribution and/or installation process.
- “Prohibited Content” means any content that is: (a) false, deceptive, misleading, infringing upon any applicable law, fraudulent, libelous, defamatory, abusive, violent, prejudicial, obscene; (b) sexually explicit, adult content (including pornographic material); (c) excessively profane, racist, ethnically offensive, threatening, infringing, excessively violent, discriminatory, hate-mongering or otherwise objectionable content; (d) defame, abuse, or threaten physical harm to others; (e) any type of harmful applications or components which intentionally create or exploit any security vulnerabilities in an end user’s device, including without limitation: viruses, spyware, malware, Trojan horses, spamware, worms or any other malicious code or conduct; (f) advocate or facilitate violence of any kind; (j) any other content that would otherwise be considered as a criminal offense or could give rise to a civil liability, or considered questionable or illegal in any fashion according to applicable laws or that is infringing upon third party right.
- Distribution Service
- Any action taken directly or indirectly by Distributor with respect to the Distribution Service or any part thereof, shall not and will not:
- If Distributor collects data about end users, Distributor will accurately and adequately disclose how it accesses, collects, uses, stores, shares or discloses any data collected from end users and will get such end users’ consent to Distributor data collection practices;
- Installation
- Distributor will only install Product that End User agrees to install and shall not use, engage with or facilitate any form of silent installation or any other manner of automated installation of a Product without end user’s knowledge or consent.
- The installation process and/or the installed Product will not interfere or intervene with any other processes or software applications in the end user’s device and will not intentionally modify any other process or software applications.
- The installation of a Product shall not:
- be initiated without the end user’s consent and where such consent has been based on Prohibited Material or derived by using Prohibited Activity;
- disable or uninstall or interfere with or modify the operation of other applications or products in the end user’s device, Internet browsing, browser functionality or webpage’s display without the end user’s prior informed consent;
- interfere with the end user’s ability to revert the operating system or browser settings, including installation or uninstallation of other products;
- Traffic Sources
- illegal torrent sites or any site that contains, promotes or facilitates illegal activity, software piracy or Prohibited Content;
- incentivize end users to download and install the Product by payment, lottery, reward or any other similar incentives;
- by using any automated methods or Prohibited Activity to generate fictitious installs of a Product;
- by using misleading links that result in installation of the Product without the knowledge or consent of the end user;
- software and/or IP pirating;
- violation of third party’s rights;
- hacking or phreaking;
- spoofing or auto – redirecting;
- by impersonating system notifications that intended to trick the end user to install the Product (or a Software that the Product will be bundled with);
- spam or other illegal mass advertising methods;
- Any deviation or exception of the aforementioned guidelines or the spirit of which shall be separately and specifically approved in writing by Company’s authorized representative.
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