Table of Contents
Introduction
The (Publisher) Code of Conduct is an attempt of self regulation by the affiliate marketing industry. The code is not a law, but a best practices guideline that the participating networks committed itself to.
The code might be weak and not all major networks are part of it, but it is a start and better than nothing.
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Original Version of the Code of Conduct from December 10, 2002
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PUBLISHER CODE OF CONDUCT
The following actions, practices and conduct, whether active or passive, direct or indirect, are prohibited:
- Interference with referrals. No Web publisher ("Publisher") or software download technology provider ("Technology Provider") may interfere with or seek to influence improperly the referral of a potential customer or visitor ("End-User") to the Web site of an online advertiser ("Advertiser"). No Publisher or Technology Provider will automatically replace or alter any component of a Service Provider's technology that results in a reduction of any compensation earned by another Publisher. For example, a Publisher or Technology Provider may not use methods or technology to automatically replace a Service Provider's tracking identifier of another Publisher with its own Service Provider's tracking identifier or otherwise intercept or redirect an End-User from being referred by another Publisher.
- Publisher may notify an End-User once that End-User has arrived at the Advertiser's Web site of an opportunity to utilize technology employed by that Publisher and obtain the End-User's consent via affirmative action upon each occurrence to proceed with the operation of such technology. Implementation of software application functionality requires that the notification be easily understood by the average End-User, that it occurs on each instance that the functionality is to be activated, and that it is not objectionable to the Advertiser.
- Altering another Publisher's site. Publishers may not alter, change, substitute or modify the content of or appearance to an End-User of another Publisher's Web pages, use that Publisher's content to obtain an End-User referral, or obstruct access to another Publisher's Web pages (regardless of receiving permission from the End-User).
- Software installation and de-installation. Publishers may not bundle downloadable shopping software applications with other applications, whereby the installation and de-installation is not obvious, easy or complete. Licensing and terms of all software downloads and applications of any type must be clearly presented to and accepted by the End-User, and de-installation must be obvious, easy and complete.
First Published: December 10, 2002
Here is the rest of the original press release by Commission Junction.
Online Marketing Service Providers Announce Web Publisher Code of Conduct
Code to Establish Fair Business Practices in Pay-for-Performance Advertising
NOTE: The Publisher Code of Conduct has been updated since this release. Click here to read the latest Code (http://www.cj.com/pub_conduct.jsp).
LOS ANGELES, Calif. - Dec. 10, 2002 - Three of the leading service providers in performance advertising and affiliate marketing today issued a Web publishers' Code of Conduct to guide practices and adherence to ethical standards for online advertising. The code is the result of several months of work by the group -- made up of Be Free, Commission Junction and Performics -- and seeks to address the concerns expressed at an industry summit held in New York City on Nov. 7, 2002 on the subject of fair practices. The service providers, who are committed to enforcing the code consistent with their own business operations, developed principles designed to ensure proper attribution of commission to independent publishers when end-users are referred to an advertiser's site.
Wayne Porter, vice president of product development at AffTrack, who observed the group's discussions and moderated the New York City summit, expressed strong support of the code. "The Web publishers' Code of Conduct being issued today is a major step forward in the industry's maturation. The code balances the requirements of publishers, advertisers, service providers, and the end-user and provides a structure for business that is both ethical and fair. I applaud Be Free, Commission Junction and Performics for their persistence and dedication to developing standards in a particularly controversial area."
The service providers, through the Web publisher Code of Conduct, seek to ensure equity and fairness across all publishers by setting standards and guidance that were previously unavailable. Publishers' use of technology to circumvent fair business practices will be in violation of the code of conduct and will not be allowed. The code strives to provide a fair and balanced solution to the current issue, while setting the stage for the development of additional structure and standards with the overall objective of a fair and open marketplace for Internet advertising. Be Free, Commission Junction and Performics encourage all interested industry parties to adopt and endorse the code of conduct and participate in future discussions. Recognizing the ongoing evolution of technology and business practices in the online marketing industry, the service providers intend to periodically host discussion forums. The group plans a follow-up session to the November 7th summit, tentatively scheduled for January 21, 2003. Details will be forthcoming.
The Publisher Code of Conduct, along with its preamble, which describes the intended implementation of the code, is reproduced below and is also available on all three service providers' sites.
Preamble to Publisher Code of Conduct
We, the undersigned Service Providers, believe that fair business practices produce optimum results for online consumers and all parties participating in online pay-for-performance advertising and affiliate marketing programs. In particular, fair business practices are important to the continued vitality of online advertising and the continued availability of advertiser-supported content. These practices include compliance with contractual obligations and all applicable laws and regulations, as well as adherence to high ethical standards as responsible members of the online advertising community. To this end, we have jointly drafted the following Code of Conduct (the "Code") to provide guidance to each of our advertiser customers ("Advertisers"), Web publisher customers ("Publishers") and software download technology providers ("Technology Providers") regarding the use of certain downloadable shopping software applications.
The Service Providers involved in drafting this Code recognize that consistent enforcement of the Code is critical to its adoption and acceptance as an industry standard, and to the ultimate accomplishment of the Service Providers' goals of maximizing efficiency and vitality in the online advertising business segment. Each Service Provider has committed to enforcing the Code through means consistent with its own business operations and practices, and to communicating and cooperating with its customers regarding enforcement and interpretation of the Code. Furthermore, the Service Providers recognize that notwithstanding a Service Provider's application of the Code, each Advertiser retains the right to choose whether or not to work with a Publisher even if they are in compliance with the Code.
Notwithstanding their commitment to enforcement, the Service Providers recognize that Publishers and Technology Providers must be given sufficient time in order to modify their business practices to comply with the Code. Accordingly, enforcement of the Code will begin immediately, however, companies that are found to be non-compliant may be given up to sixty (60) days to bring their activities into compliance. Grace periods for compliance with this Code do not supercede any pre-existing contractual obligations of any Publisher.
While the Code of Conduct is intended to address many, if not all, of the major concerns raised by all interested parties, the practical aspects of drafting such a document make it impractical to cover all issues that may arise. As such, in addition to adherence to the Code of Conduct, all Publishers and Technology Providers are expected to perform their advertising and referral services with honesty and integrity in any situation not specifically covered by the Code.
Other interested industry parties are encouraged to adopt or endorse this Code.
Be Free, Inc., a ValueClick Company W. Blair Heavey, Executive Vice President & General Manager
Commission Junction, Inc. Jeffrey A. Pullen, President & CEO
Performics Inc. James Crouthamel, President & CEO
.... The Code, see above ....
About Be Free a wholly owned subsidiary of ValueClick, Inc.
Be Free offers cost-effective and measurable ways to attract customers and increase online sales using affiliate and partner marketing programs, search marketing services, and personalized recommendation and merchandising assistant technology. For more information on Be Free's products and services, visit www.befree.com
About Commission Junction
Commission Junction delivers advanced performance-based online marketing solutions that facilitate strategic relationships between advertisers and publishers, driving accountable results for each client. By publishing performance metrics on advertisers, publishers, and ads within its network and leveraging its own expertise in online marketing through service, education and promotion, Commission Junction creates an open marketplace of low risk and high reward for its clients. The company serves billions of impressions monthly, ranking it among the largest ad networks in the world. Clients include leading online marketers eBay, MSN?, and USA TODAY. Commission Junction is headquartered in Santa Barbara, Calif., with offices in San Francisco, New York and London.
About Performics
Performics powers performance-based online marketing; driving desired sales and actions while meeting a marketer's need for a measurable return. Performics provides comprehensive distribution through onsite advertising, search marketing and permission-based e-mail programs. The company offers retailers, catalogers and direct marketers a distinctive mix of active account management, advanced market expertise and proprietary tracking technology. Performics develops and implements customized programs that enable clients to acquire and retain online customers while only paying for a predetermined sale or action. Performics' interests are squarely aligned financially and strategically with both it's marketers and it's distribution partners.
Performics' clients include: America Online, Bose, Eddie Bauer, Jos. A. Banks, Orvis, Palm, Spiegel, Verizon Wireless, JC Whitney and more than 180 others. For additional information please visit www.performics.com.
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List of Amendments to the Code
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Here is the list of amendments to the Publisher Code of Conduct by each of the participating networks.
BeFree
March 11, 2002, BeFree was acquired for $128 million (in stock) by ValueClick
Commission Junction
- February 10, 2003
October 2003, Commission Junction was acquired by ValueClick for $58 million (in cash and stock), BeFree stopped accepting new advertisers and a transition of BeFree advertisers to Commission Junction or other networks began (whenever contracts were running out).
- July 25, 2004
- May 9, 2007
Performics
- February 10, 2003
May 17, 2004, Performics was acquired for $58 million (in cash plus an earn-out of up to $7 million) by DoubleClick
- August 12, 2004
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Code of Conduct Versions
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BeFree, Commission Junction and Performics, Update: February 10, 2003
PERFORMICS COMMENTS ON ITS FINDINGS SINCE RELEASE OF WEB PUBLISHERS' CODE OF CONDUCT
February 10, 2003
CHICAGO - February 10, 2003 - Performics, a performance-based online marketing services company, today reported on the company's progress with the implementation of standards provided in the Web Publishers' Code of Conduct. Performics, together with two other leading affiliate network providers, released a Web Publishers' Code of Conduct on December 10, 2002.
The Code provides standards and guidelines for fair practices in online marketing. For the last 60 days, Performics has been testing and communicating with all distribution partners that utilize downloadable shopping applications to ensure adherence to the guidelines set forth in the Code.
"Performics tests, monitors and polices affiliates on a daily basis. The Code has provided a valuable framework for our discussions with distribution partners and affiliates. We found the majority of partners that utilize downloadable shopping applications to be open to altering activity to meet the standards. Any and all that do not meet the standards outlined in the Code of Conduct have been removed from our network. We will continue to actively monitor activity," said Chris Henger, Performics' senior vice president of sales and marketing.
During the 60-day cure period, Performics and the other affiliate network providers evaluated the activity of shopping application companies relative to the Code of Conduct. Performics is pleased to report the following results:
- Affiliate links are not being automatically redirected in transactions facilitated by Performics.
- The functionality of several significant downloadable shopping applications has been altered to meet the guidelines set forth in the Code of Conduct.
- Performics and its clients have been educated and recommendations made to guide merchant decisions in choosing to work with certain downloadable applications.
- Non-compliant Publishers have been removed from the Performics Affiliate network.
The Code has delivered on its promise and proven to be a valuable framework to drive necessary changes in activity. In addition, the companies agreed to amend the Code with clarification regarding the definition of a publisher's link and a publisher's Web page.
Definitions:
- A Publisher Link is a link to an Advertiser where an active affiliate relationship exists with one of the undersigned affiliate service providers and that:
Links to any of the following domains:
- bfast.com
- cc-dt.com
- qksrv.net
- commission-junction.com
-or-
Contains a parameter named 'afsrc' set to any value.
e.g., "http://www.mysite.com/redirect?offerid=12345&afsrc=1"
This 'afsrc' parameter option is provided to address the case where affiliates modify or mask the links provided to them from the affiliate service providers and it becomes impossible to determine that they are affiliate links based on their appearance.
- A Publisher Web Page contains a Publisher Link and is part of a website where an Advertiser and the Publisher have an active affiliate relationship.
To review the full text of the updated Web Publishers Code of Conduct, click here (Note: still searching for it).
If you have questions regarding the Web Publishers Code of Conduct or observe any activity you view as non-compliant with the Code, please contact codeofconduct AT performics DOT com. We will review the scenario and respond.
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Commission Junction, Update: 25 July 2004
Preamble to Publisher Code of Conduct
Update: 25 July 2004
In December 2002, Commission Junction and Performics ("Service Providers") released a Publisher Code of Conduct to guide practices and adherence to ethical standards for online advertising. The original preamble to the Code of Conduct acknowledged the evolving landscape of online advertising and created a base from which future guidance could be developed and published. Over the last eighteen months, technology and techniques employed by affiliate publishers have been continuously evolving. It is important to recognize that while some of these technology solutions offer value to advertisers ("Advertisers") and to the end-users ("End-Users") of such technology solutions, other technology applications add little to no value to Advertisers or End-Users and in fact sometimes exploit the legitimate advertising activities of affiliate and Web publishers ("Publishers").
As such, we find it necessary and important to update the Code of Conduct to reflect current industry practices and to clarify and advocate what we enforce through our respective affiliate network agreement terms and promote through guidelines and education.
The fundamental philosophy behind the revised Code of Conduct is that any publisher distributing and benefiting from technology driven solutions ("Technology Provider") must provide
recognizable value to the End-User and the Advertiser. Technology that is installed invisibly and/or functions without clear and visible benefit to and consent from the end-user is prohibited. It is our goal to eliminate the exploitation of advertisers and other publishers while allowing Publishers to create innovative solutions for the benefit of their customers and advertiser clients.
The updated Code of Conduct is set forth below and includes new guidelines addressing the use of legitimate and visible methods for the use of technology solutions in affiliate marketing. The publishers of the Code of Conduct intend to enforce compliance with these guidelines and work to eliminate the inappropriate use of third-party technology applications in their respective businesses.
As we have previously stated, in addition to adherence to the Code of Conduct, all Publishers are expected to perform their advertising and referral services with honesty and integrity in any situation not specifically covered by the Code of Conduct. Our industry and the relationship between Advertisers, Publishers and Service Providers have been and we hope will continue to be based on mutual trust and fair dealings between all parties. This is a unique attribute of our industry and one that we all strive to foster.
Other interested industry parties are encouraged to adopt or endorse the Code of Conduct.
Original Preamble
We, the undersigned Service Providers, believe that fair business practices produce optimum results for online consumers and all parties participating in online pay-for-performance advertising and affiliate marketing programs. In particular, fair business practices are important to the continued vitality of online advertising and the continued availability of advertiser-supported content. These practices include compliance with contractual obligations and all applicable laws and regulations, as well as adherence to high ethical standards as responsible members of the online advertising community. To this end, we have jointly drafted the following Code of Conduct (the "Code") to provide guidance to each of our advertiser customers ("Advertisers"), Web publisher customers ("Publishers") and software download technology providers ("Technology Providers") regarding the use of certain downloadable shopping software applications.
The Service Providers involved in drafting this Code recognize that consistent enforcement of the Code is critical to its adoption and acceptance as an industry standard, and to the ultimate accomplishment of the Service Providers' goals of maximizing efficiency and vitality in the online advertising business segment. Each Service Provider has committed to enforcing the Code through means consistent with its own business operations and practices, and to communicating and cooperating with its customers regarding enforcement and interpretation of the Code. Furthermore, the Service Providers recognize that notwithstanding a Service Provider's application of the Code, each Advertiser retains the right to choose whether or not to work with a Publisher even if they are in compliance with the Code.
Notwithstanding their commitment to enforcement, the Service Providers recognize that Publishers and Technology Providers must be given sufficient time in order to modify their business practices to comply with the Code. Accordingly, enforcement of the Code will begin immediately, however, companies that are found to be non-compliant may be given up to sixty (60) days to bring their activities into compliance. Grace periods for compliance with this Code do not supercede any pre-existing contractual obligations of Publisher.
While the Code of Conduct is intended to address many, if not all, of the major concerns raised by all interested parties, the practical aspects of drafting such a document make it impractical to cover all issues that may arise. As such, in addition to adherence to the Code of Conduct, all Publishers and Technology Providers are expected to perform their advertising and referral services with honesty and integrity in any situation not specifically covered by the Code.
Other interested industry parties are encouraged to adopt or endorse this Code.
Commission Junction, Inc., a ValueClick company
Jeffrey A. Pullen,
General Manager
Performics Inc.
James Crouthamel,
President & CEO
Publisher Code of Conduct - Revised and Restated
When using the Service Provider's technology to obtain credit for publisher or affiliate referrals, the following actions, practices and conduct, whether active or passive, direct or indirect, are prohibited:
- Interference with referrals. Interference with referrals. No Web Publisher or software download Technology Provider may interfere with or seek to influence improperly the referral of a potential customer or visitor ("End-User") to the Web site of an online Advertiser. No Publisher or Technology Provider will automatically replace or alter any component of a Service Provider's technology that results in a reduction of any compensation earned by another Publisher. For example, a Publisher or Technology Provider may not use methods or technology to automatically replace a Service Provider's tracking identifier of another Publisher with its own Service Provider's tracking identifier or otherwise intercept or redirect an End-User from being referred through another Publisher's Link.
Publisher may notify an End-User once that End-User has arrived at the Advertiser's Web site of an opportunity to utilize technology employed by that Publisher and obtain the End-User's consent via affirmative action upon each occurrence to proceed with the operation of such technology. Implementation of software application functionality requires that the notification be easily understood by the average End-User, that any settings for automatic notification must be explicitly opt-in, and that it is not objectionable to the Advertiser.
- Non End-User Initiated Events. Publishers may not use invisible methods to generate non End-User initiated impressions, clicks, or transactions. All click ("Click") events must be initiated by an affirmative End-User action.
- Altering another Publisher's site. Publishers may not utilize Service Provider's technology in any manner that alters, changes, substitutes or modifies the content of another Publisher's Web pages.
- Software installation and de-installation. Publishers may not utilize Service Provider's technology with other Software, whereby the installation and de-installation is not obvious, easy or complete. Licensing and terms of all software downloads and applications of any type must be clearly presented to and accepted by the End-User. Software that utilizes Service Provider's technology must be clearly marked in such a manner that the End-User can identify the Publisher's Software with an associated behavior that occurs on the End-User's computer, and receive visible notification of such behavior.
Definitions:
- Advertiser - the company in an active relationship with a Service Provider for the purpose of displaying advertisements with Publishers to market their products and/or services
- Publisher - the company in an active relationship with a Service Provider with which Advertiser's advertisements are displayed to End-Users
- End-User - individuals (consumers) who respond to advertisements from Advertisers that are displayed by Publishers
- Service Provider - a company that provides services and technologies to both Advertisers and Publishers
- Technology Provider - the company that provides Software used to display Advertiser's advertisements to End-Users.
- Click - the initiation of an End-User referral action from a Publisher to an Advertiser's site, tracked through the Technology Provider's services.
- Publisher Link - a link to an Advertiser where an active affiliate relationship exists with one of the undersigned affiliate service providers and that:
- Links to any of the following domains:
- bfast.com
- cc-dt.com
- qksrv.net
- commission-junction.com
(Note: these domains are subject to change based on technology change. Publishers who are filtering these domains will be notified of changes.)
-or-
- Contains a parameter named 'afsrc' set to any value.
e.g. http://www.mysite.com/redirect?offerid=12345&afsrc=1
This 'afsrc' parameter option is provided to address the case where affiliates modify or mask the links provided to them from the affiliate service providers and it becomes impossible to determine that they are affiliate links based on their appearance.
- Publisher Web Page - a page that contains a Publisher Link and is part of a Web site where an Advertiser and the Publisher have an active affiliate relationship.
First Published: December 10, 2002
Amended: February 10, 2003
Amended: 25 July, 2004
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Commission Junction, Update: May 9, 2007
Preamble to Commission Junction's Code of Conduct
Updated May 9, 2007
In December 2002, Commission Junction (a service provider) released a Publisher Code of Conduct to guide practices and adherence to ethical standards for online advertising. The original preamble to the Code of Conduct acknowledged that fair business practices produce optimum results for online consumers and all parties participating in online pay-for-performance advertising and affiliate marketing programs. In particular, fair business practices are important to the continued vitality of online advertising and the continued availability of advertiser-supported content.
The original preamble also acknowledged the evolving landscape of online advertising and created a base from which future guidance could be developed and published. Since the original preamble, technology and techniques employed in the affiliate marketing industry have been continuously evolving. As such, we find it necessary and important to update the Code of Conduct to reflect both advertiser and publisher conduct, current industry practices, and to clarify and advocate what we enforce through our affiliate network agreement terms and promote through guidelines and education.
The updated Code of Conduct, now titled 'Commission Junction's Code of Conduct' is set forth below. As we have previously stated, in addition to adherence to the Code of Conduct, all publishers and advertisers are expected to perform their advertising and referral services with honesty and integrity in any situation not specifically covered by the Code of Conduct. Our industry and the relationship between advertisers, publishers and consumers have been, and we hope will continue to be, based on mutual trust and fair dealings between all parties. This is a unique attribute of our industry and one that we all strive to foster.
Tom Vadnais,
General Manager
Commission Junction, a division of ValueClick, Inc.
Publisher Code
When using the service provider's technology to obtain credit for publisher referrals, the following actions, practices and conduct, whether active or passive, direct or indirect, should be followed.
- Interference with referrals. No Web site publisher or software download technology provider may interfere with or seek to improperly influence the referral of an end-user to the Web site of an online advertiser unless the end-user knowingly and explicitly consents to that behavior by taking an affirmative action.
- Notification of Redirection. Publishers must explicitly notify the end-user of any redirection performed by a software download technology to a participating advertiser site. The publisher must also disclose to participating advertisers the URLs and/or keywords which trigger auto notification and/or redirection and receive consent for such activities. The implementation of software application functionality requires that:
- The notification be easily understood by the average end-user
- Any settings for automatic notification and/or redirection must be explicitly opt-in
- Instructions on how to uninstall/deactivate must be provided
- Such software must not be objectionable to the advertiser
- Non End-User Initiated Events. Publishers may not use methods to generate non end-user initiated impressions, clicks, or transactions. All click events must be initiated by an affirmative end-user action. Consent of software installation and acceptance of an end-user License Agreement that includes a disclosure that the software will perform click events on the end-user's behalf for the benefit of both the end-user and the publisher who owns the software, is considered an affirmative end-user action.
- Altering Another Publisher's Site. Publishers may not utilize a service provider's technology in any manner that alters, changes, substitutes or modifies the content of another publisher's Web site.
- Software Installation and De-Installation. Publishers may not utilize a service provider's technology with other software, whereby the installation and de-installation is not obvious, simple or complete. Licensing and terms of all software downloads and applications of any type must be fully disclosed, clearly presented, and accepted by the end-user. Software that utilizes a service provider's technology must be clearly marked in such a manner that the end-user can identify the publisher's software with an associated behavior that occurs on the end-user's computer, and receive visible notification of such behavior.
- Updating, Patching or Modifying Software. Publishers who promote advertisers using any form of software must provide participating affiliate networks a detailed explanation of all modifications which alter or change the use of service provider technology prior to releasing any new or updated version of the software to the public. End-users/members must be notified prior to and opt-in to updates performed on previous installed and consented to software clients.
- Use of Trademarks, Service Marks, Copyrights, Brand Names, etc. Publishers may not use any advertiser trademarks, service marks, branded terms, URL, etc, in any promotional method, unless the rights-holder has given specific permission for publishers to do so.
- Incenting Users. Publishers that offer any form of reward or incentive for an end-user to do business through that publisher must fully declare the nature of their promotional methods, including, but not limited to:
- The methods used to attract end-users to join the publisher's 'program'
- The methods the publisher uses to promote advertisers to end-users
- Explanations of each method used to drive end-users from the publisher to advertisers
- Use of Tracking Technology. Publishers are given links and tracking codes that are specific to their publisher account(s) within the various affiliate networks. Publishers must abide by affiliate network rules / agreements if modifying those links. Modifications, if allowed, must also be transparent and disclosed to the advertiser.
- E-mail Marketing. Publishers who promote advertisers via e-mail must adhere to all applicable legislation and regulations governing e-mail marketing in the jurisdictions that the publisher targets. E-mails must:
- Contain accurate sender information and subject lines
- Include functioning Internet based opt-out mechanism
- Include publisher's postal address
- Not be false or misleading
Publishers should promptly remove end-users who opt-out as required by law.
- The Use of Non-Publisher Owned Web Properties/Sites/Pages to Promote Advertisers. Other than paid search, publishers may only promote advertisers on Web pages/sites/properties that they, themselves, own or operate. Publishers may not place affiliate links/tracking code, nor promote Web sites that contain affiliate links/tracking code, in or on third-party: forums, message boards, blog comment areas, classified advertisement services (such as CraigsList.org), etc., unless given permission from the third-party to do so.
- Transparency / Disclosure. Publishers must disclose business models and/or promotional methods utilized to drive traffic to participating advertisers. If applicable, disclosure must include a publisher's participation either as a member or super of sub affiliate networks. In the case of super affiliates, disclosure must include policies and procedures in regards to sub affiliate acceptance and subsequent monitoring to ensure compliance with both the Code of Conduct and the service provider's terms and agreements.
Advertiser Code
- Down Tracking. Advertisers who utilize real-time (pixel) tracking must maintain the affiliate tracking code located on their Web site so that all tracking data is properly recorded. If, for any reason, the tracking code is removed or is not functioning properly, the advertiser must immediately contact the service provider, cooperate in remedying the problem, and be prepared to provide data or allow the network provider to provide data to enable publishers to be compensated for lost tracking.
- Timely Data Transfer. Advertisers who utilize data transfer to submit transaction information to the service provider (also referred to as batch processing) must timely and accurately submit transaction data in the time period agreed upon in the advertiser/service provider agreement.
- Disclosure of Trademarks, Keyword Policy, etc. Advertisers must clearly disclose specific, broad and negative match terms that publishers may, and may not, bid on when promoting the advertiser through third-party search engines such as Google, Yahoo, MSN, etc. Advertisers must provide timely responses to publishers seeking clarification or permission on ambiguous terms identified by the advertiser in its program description. Advertisers must inform publishers in a timely and clear fashion when changes to their trademark, keyword policy, etc. occur.
- Lead Flipping or Resale. Advertisers may not redirect publisher-driven traffic to a third-party prior to a transaction taking place without compensating the publisher for such referral. Advertisers must fully disclose to publishers if they sell leads to third-parties.
- Competing Channels, Catalogs, Coupons. Advertisers must fully disclose any conditions or restrictions that would negate publisher commissions. Such conditions may include: use of a coupon code by the end-user, use of a catalog code by the end-user, the status of the end-user as a prior customer, or the end-user contacting the advertiser through a Web site promoted phone number.
- Illegitimate Reversals. Advertisers must fully disclose the conditions upon which transactions may be reversed. Unless otherwise specified, transactions may only be reversed for the following reasons: product return, duplicate entry, non-compliant transaction, non-receipt of payment from the end-user, refund of payment to the end-user, unqualified lead, non-bona fide transaction, violation of the advertiser/service provider agreement, or use of a prohibited promotional method on the part of the publisher.
- Publisher Recruitment. Advertisers running multiple affiliate programs must disclose this to publishers and avoid using network services to recruit publishers to alternative programs, including in-house programs.
Definitions
- Advertiser - the company in an active relationship with a service provider for the purpose of displaying advertisements with publishers to market their products and/or services to end-users.
- Publisher - the company/person in an active relationship with a service provider for the purpose of contracting with advertisers' to display advertisements to end-users.
- End-User - individuals (consumers) who respond to advertisers' Internet advertisements that are displayed by publishers.
- Service Provider - a company that provides affiliate marketing services and technologies to assist advertisers and publishers in promoting advertisements to end-users.
- Technology Provider - the company that provides technology solutions used to display advertisers' advertisements and track end-user responses.
- Click - the initiation of a unique end-user referral action from a publisher to an advertiser's site, tracked through the technology provider's services.
- Publisher Link - an affiliate service provider's URL that is used to track end-user referrals from the publisher Web site to the advertiser's Web site, via the service provider's Web site or that contains a parameter named 'afsrc' set to any value.
e.g. http://www.mysite.com/redirect?offerid=12345&afsrc=1
This 'afsrc' parameter option is provided to address the case where affiliates modify or mask the links provided to them from the service provider such that it is impossible to determine that they are affiliate links solely based on the URL's appearance. Publishers are encouraged to contact technology providers for an updated list of tracking domains.
- Publisher Web Page - a page that contains a publisher link and is part of a Web site where an advertiser and the publisher have an active affiliate relationship.
First Published: December 10, 2002
Amended: February 10, 2003
Amended: July 25, 2004
Amended: May 9, 2007
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