Learning Advantage PUBLISHER COMPLIANCE GUIDELINES

These Compliance Guidelines ("CG") are intended to help the Publisher understand the types of websites and advertising conduct that Learning Advantage believes to be appropriate or inappropriate. Please keep in mind that this CG is intended as a guideline, and not as an exhaustive list of content and conduct that Learning Advantage finds appropriate or inappropriate.  

Capitalized terms used, but not defined, herein have the respective meanings ascribed to them in the Master Publisher Agreement. In the event of a conflict between the terms and provisions of any other agreement and this CG, the terms and provisions of, first, the CG and, second, the Master Publisher Agreement shall control.

Learning Advantage RESERVES THE RIGHT TO CHANGE THE CG AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. 

  1. LEGAL COMPLIANCE

Publisher shall not violate any applicable foreign or domestic, federal, state or local statutes, laws, ordinances, rules and regulations, or industry standards, including without limitation, CAN-SPAM, the California Anti-Spam Act, CASL, the TCPA, the FTC Act, all FTC rules, regulations, and guidelines, applicable credit card merchant guidelines, the Utah and Michigan "Child Protection Registry" laws, and the UK Data Protection Act. 

  1. CAMPAIGN-SPECIFIC TERMS & CONDITIONS; COMPANY CREATIVE

Campaigns may have campaign-specific terms and conditions. Publisher shall comply with any and all campaign-specific terms & conditions at all times.

Publisher shall only use Learning Advantage approved artwork, text, audio, video (hereinafter, "Creative"). Publisher shall not alter, cut, crop, modify, or otherwise change any aspect of any Creative, without Learning Advantage's express written approval.

  1. WEBSITE REQUIREMENTS

Any and all websites that Publisher uses to promote Campaigns must:

 

  1. PROHIBITED CONTENT AND CONDUCT

Prohibited affiliate content and conduct includes, without limitation, content and/or conduct that:

 

  1. PRIVACY; COMPLIANCE WITH U.S. AND INTERNATIONAL LAW, INCLUDING HIPAA

Publisher shall comply with all applicable privacy laws. Publisher further agrees to post conspicuously on each of Publisher's websites a privacy policy, linked, at a minimum, from the website's home page, that: (a) discloses Publisher's privacy practices, including Publisher's use of a third party for Publisher's ad serving activities, (b) identifies the collection and use of information gathered in connection with both ad serving activities and delivery of the Publisher's content, and (c) provides the user with instructions on how to opt-out out from such collection.

Publisher shall not, as a method of screening consumers for a campaign or otherwise, solicit or collect any personal health information that would be subject to the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), regardless of whether or not Publisher believes it falls under the purview of HIPAA.

If Publisher is located in the United Kingdom or European Union, or uses any related domain (e.g., a ".uk.co" domain) to promote any Campaign, or work on a Campaign directed at persons located in the United Kingdom or another member state of the European Union, in addition to the foregoing, Publisher shall comply with the UK Data Protection Act, as amended, and all EU data protection and privacy directives and regulations, as amended from time to time.  Publisher further agrees to conspicuously disclose the use of "cookies" on any and all websites used to promote the Campaign sufficient to permit the user to make an informed decision and give overt consent to Publisher's collection and use of any personal data through cookies, such as by clicking a button to confirm their consent.

  1. FALSE AND MISLEADING ADVERTISING; FTC COMPLIANCE

In connection with Publisher's promotion of Campaigns, Publisher shall not at any time:

 

Further, if Publisher publicly endorses any product or service that is the subject of a Campaign, Publisher shall disclose clearly and conspicuously, and in close proximity to the endorsement, that Publisher receives compensation in the form of affiliate commissions in exchange for such endorsement.  

  1. EMAIL PRACTICES; CAN-SPAM AND CALIFORNIA ANTI-SPAM ACT COMPLIANCE

If Publisher uses email to market Campaigns, Publisher shall maintain accurate and current Consent Records as defined above.

If Publisher uses email to market Campaigns, Publisher shall not transmit any email:

 

Further, Publisher shall not transmit any email:

 

Further, Publisher agrees to do at least one of the following:

 

  1. MOBILE MARKETING PRACTICES; TCPA COMPLIANCE

If Publisher uses text messages ("texts") to market Campaigns, Publisher shall not transmit, or cause to be transmitted, any texts, without the prior express consent of the receiving party to receive text messages specifically from the sender, using "blast texting" or any other automated system to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the receiving party is charged for the text. 

Further, Publisher shall not transmit, or cause to be transmitted, any texts outside of the hours established by federal time-of-day requirements: texts shall be sent between 8 a.m. and 9 p.m. local time of the recipient, only.  Publisher shall not transmit, or cause to be transmitted, any texts to any phone number on relevant suppression lists provide by Learning Advantage, populated either by specific requests for opt-outs or the national Do Not Call registry. Publisher shall record any opt-out request Publisher receive, transmit it to Learning Advantage, scrub the requester's contact information from Publisher's list, and refrain from sending any text to the individual's phone number, as detailed in Section 7 of the Publisher Agreement above.

  1. FRAUDULENT ACTIVITY

The following activity, without limitation, is considered fraudulent and is strictly prohibited:

 

If Publisher fraudulently add leads or clicks, or inflate leads or clicks through fraudulent traffic generation, whether specifically proscribed above or otherwise, and as determined by Learning Advantage in its sole discretion, Publisher will forfeit Publisher's entire commissions for all Campaigns and Publisher's affiliate account will be terminated.