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Downloadable Software Add-ons

– Downloadable Software must not be installed on a user’s computer without first obtaining the user’s informed consent. Obtaining informed consent requires first giving users clear, concise, accurate information and notice about the material consequences of the programs that they are about to install in plain language including, without limitation: (i) a comprehensive license presented in full; (ii) the Downloadable Software vendor’s legal name, mailing address, phone number and place of incorporation (if any); (iii) a statement of effect of installation including, without limitation, any changes made to computer settings such as home page, connection provider, proxy, bookmarks, etc.; (iv) a statement of the information tracked, transmitted and/or collected, if any; (v) full-size examples of advertisements that they may receive as a result of downloading the Downloadable Software, if any; and (vi) disclosures of the frequency of advertisement display, as applicable. Such information and notice provided to the user must: (i) appear in a conspicuous manner, clearly distinguished from other on-screen text; (ii) remain on screen until the user grants or denies consent; and (iii) provide an option for providing additional explanation about the type of information to be collected, if any, and the purpose of such collection. The plain language used in the notice shall not be indirect or euphemistic. For example, without limitation: (i) if a program will show pop-up advertisements, proper notice and informed consent generally require use of the phrase “This program will show pop-up advertisements” (ii) if a program will gather and transmit information about the user, the notice should read “This program will collect and transmit information about you”; or (iii) if the program uses information collected to target advertising to the user, the notice should read, “This program will collect information about Web pages that you access and will use that information to display advertising on your computer.” Obtaining informed consent also requires a clear, unambiguous and affirmative manifestation of consent (for example: requiring a user to press an appropriate affirmative button such as “I agree” and not merely pressing “Next” or accepting a pre-checked box). There must be a separate manifestation of consent for each item of Downloadable Software loaded on to the user’s computer, and Publisher is prohibited from downloading a bundle of programs after receiving only one indication of consent. Without limitation, an ActiveX installation prompt (with nothing more) is not deemed to have obtained informed consent.

-Ongoing and continuing use of Downloadable Software must not surprise users with notices, disclosures or behaviors inconsistent with the applicable Downloadable Software’s initial solicitation, disclosures and notices. For example, if the applicable Downloadable Software’s initial solicitation described the underlying software program as offering “free smileys,” the applicable program cannot later add the requirement that users also accept pop-up advertisements.

-Downloadable Software must not solicit users via improper channels. Without limitation, solicitation on websites that are substantially intended for viewing by children is considered inappropriate and prohibited by Company and this AUP. Children’s websites may be identified via website language and/or formatting, common sense and/or factors established in Federal Trade Commission regulations including, but not limited to, the Children’s Online Privacy Protection Act (“COPPA”). Company expressly reserves the right to make the final determination as to the character and intended audience of any and all websites. Without limitation, solicitations substantially catering to children (e.g., cartoons, dolls, child-oriented games, etc.) are not appropriate.

-Downloadable Software must offer users a genuine, substantial benefit in exchange for the consideration represented by accepting the underlying advertisements (the “Benefit”). If the Downloadable Software merely shows advertisements, without offering anything substantial in return (no Benefit), it is unlikely that the underlying software program offers users a fair value. If the underlying software program’s claimed Benefit is otherwise generally available elsewhere at no cost, the program is unlikely to offer users a fair value. If the underlying software program’s claimed Benefit is a mere trinket or triviality, the program is unlikely to offer users a fair value. If a program’s advertisements appear whenever a user uses his computer, or whenever a user uses his web browser, even if the user never makes use of the program’s Benefit, then the program may not offer users a fair value. Company reserves the right to determine, in its sole discretion, if the Downloadable Software’s claimed Benefit represents a fair value to users.

-Downloadable software cannot steal/hijack affiliate cookies to generate leads or sales.

-Users must easily be able to identify and understand the nature of the Downloadable Software’s effects both prior to, and after, installation. If the Downloadable Software displays advertisements outside of its program window, each such advertisement must be labeled with the Downloadable Software program name. Each such advertisement must include a link, button or other mechanism whereby a user can learn more about: (i) the Downloadable Software presenting said advertisement; (ii) the specific manner in which the Downloadable Software was installed (including what offer is associated with that Downloadable Software); (iii) the specific date and time that the Downloadable Software was installed; and (iv) how the Downloadable Software can be removed (including a removal feature requiring not more than two (2) additional clicks). Without limiting the generality of the foregoing, the Downloadable Software and associated information, disclosures and notice, must not: (i) falsely claim that the Downloadable Software will be disabled by the user’s actions; (ii) remove or disable security software; or (iii) take control of the computer (by accruing dial-up charges, or by opening a series of advertisements that can only be stopped by turning off the computer).

-Downloadable Software must not show advertisements that are unreasonably frequent or unreasonably intrusive. Software must only show one advertisement per site.

-Each advertisement shown via the Downloadable Software must appear entirely on-screen, with no portion of its body or title bar off-screen. Each advertisement shown via the Downloadable Software must be reasonable in size, and may not unreasonably cover (or reduce the visible area of) any underlying web page that a user had requested. An advertisement shown via the Downloadable Software may not wholly replace, or redirect a user away from, the page or website that the user had requested. Advertisements triggered in response to the user’s attempt to access a specific web address or search of a trademark are strictly prohibited absent the express consent of the applicable website and/or trademark owner, as applicable.

-Each advertisement shown via the Downloadable Software must be closable by a user using ordinary operating system functions. Without limitation, on standard Windows operating PCs, freestanding advertising windows (“pop-up” and “pop-under”) must be closable by clicking the upper-right hand corner “X,” the upper-left hand corner “Control Menu,” the Alt-F4 key, right-clicking on the applicable advertisement’s title bar (and choosing “Close”) and/or right clicking a Taskbar entry (and choosing “Close”). This ability to close such advertisements must be accompanied by an option to facilitate the removal of the Downloadable Software itself at each instance of advertisement presentation.

-Downloadable Software must not display advertising in illegitimate formats, outside of ordinary commercial norms. Without limitation, each of the following advertising formats requires special explicit user consent, which shall consist of a specific question to the user, clearly articulating the specific action to be taken and which must allow the user to grant or deny consent without any collateral consequences: (i) placing icons on a user’s desktop or “Start Menu” (or similar location); (ii) directly routing the user to specific websites; and/or (iii) adding entries to a user’s “Favorites” menu (or similar location). Downloadable Software may not be used to attack another program, to record a user’s passwords, or to send bulk e-mail to other users.

-Downloadable Software must include an associated privacy policy that meets the test of reasonable commercial best practices applicable to privacy policies. Downloadable Software must adhere to its applicable privacy policy, in both letter and in spirit, in all respects and with no exceptions. The subject privacy policy must be available for viewing prior to the Downloadable Software program’s installation procedure and thereafter, as well as from such program vendor’s website.

-A user must be able to remove Downloadable Software via the standard function within the user’s operating system (e.g. Control Panel – Add or Remove Programs). A removal procedure must be free of cost and may not unreasonably hinder removal, e.g. via extended procedures, convoluted language or confusing user interface elements or placement.

-Downloadable Software must use a consistent, single, clear name. That name must be shown in the Downloadable Software program’s initial advertising (i.e. to recruit users), in its installation notice and consent procedures, on any advertising and in its uninstall procedure. A Downloadable Software program may not use multiple names within the scope of its relationship with a single user. A Downloadable Software program may not change its name unreasonably frequently (including, without limitation, more than once per twelve-month period). The company responsible for producing and/or distributing the applicable Downloadable Software may not use an unreasonably high number of product names or brand names in its dealings with multiple users. The entity responsible for producing and/or distributing the applicable Downloadable Software may not use an unreasonably high number of product names or brand names to obfuscate, hide or otherwise confuse its identity. Program names, and company names, may not be substantially misleading, confusing, duplicative, generic or hard to locate via a standard search (e.g. “Windows Plugin,” “Search Toolbar,” “Click Yes”).

-Company strictly forbids the display of sexually-explicit materials via the Downloadable Software No Downloadable Software may display content that fails to satisfy all of the requirements of Section 2 of the Terms and Conditions.

-The applicable Advertisers’ Creative and/or Offers should not appear in Downloadable Software except when such Advertisers specifically approve of those placements. VanceAd Creative and/or Offers may not be displayed within third-party traffic purchases from Downloadable Software (whether in the form of pop-ups, pop-unders or via any other media).

-Downloadable Software must not come bundled with programs that violate the terms and conditions of the Agreement.