DECEPTION OR FRAUD. 9.1. Company actively monitors traffic for deceptive or fraudulent activity. If deception or fraud is detected as determined by Company's sole discretion, Affiliate's account will be made inactive pending further investigation. 9.2. Affiliate accounts are flagged that, among other things: • Have click-through or conversion rates that are much higher than industry averages and where solid justification for such higher click-through or conversion rates is not evident to the reasonable satisfaction of Company; • Have ONLY click or lead generation programs generating clicks or leads with no indication by site traffic that it can sustain the clicks or leads reported; • Have shown fraudulent leads as determined by the Advertisers; • Have used any incentives to procure clicks or leads Have provided leads obtained other than through intended consumer action. For instance, use of phone books, or similar such compilations of personal data, to complete lead generation forms shall be considered fraudulent behaviour. • Use fake redirects, automated software, and/or other fraudulent mechanisms to generate Events from the Programs. • If Affiliate fraudulently adds leads or clicks or inflates leads or clicks by fraudulent traffic generation (such as pre- population of forms or mechanisms not approved by Company or use of sites in co-registration campaigns that have not been approved by Advertiser), as determined solely by Company, Affiliate will forfeit its entire commission for all programs and its account will be terminated. 9.3. If Affiliate is notified that fraudulent activities may be occurring on its Media, and Affiliate fails to take prompt action to stop the fraudulent activities, then, in addition to any other remedies available to Company, Affiliate shall be responsible for all costs and legal fees arising from these fraudulent activities. 9.4. In addition, in the event that Affiliate has already received payment for fraudulent activities, Company reserves the right to seek credit or remedy from future earnings or to demand re-imbursement from Affiliate.
Appears in 3 contracts
Sources: Affiliate Agreement, Affiliate Agreement, Affiliate Agreement
DECEPTION OR FRAUD. 9.110.1. Company actively monitors traffic for deceptive or fraudulent activity. If deception or fraud is detected as determined by Company's sole discretion, Affiliate's account will be made inactive pending further investigation.
9.210.2. Affiliate accounts are flagged that, among other things: • Have click-through or conversion rates that are much higher than industry averages and where solid justification for such higher click-through or conversion rates is not evident to the reasonable satisfaction of Company; • Have ONLY click or lead generation programs generating clicks or leads with no indication by site traffic that it can sustain the clicks or leads reported; • Have shown fraudulent leads as determined by the Advertisers; • Have used any incentives to procure clicks or leads Have provided leads obtained other than through intended consumer action. For instance, use of phone books, or similar such compilations of personal data, to complete lead generation forms shall be considered fraudulent behaviour. • Use fake redirects, automated software, and/or other fraudulent mechanisms to generate Events from the Programs. • If Affiliate fraudulently adds leads or clicks or inflates leads or clicks by fraudulent traffic generation (such as pre- population of forms or mechanisms not approved by Company or use of sites in co-registration campaigns that have not been approved by Advertiser), as determined solely by Company, Affiliate will forfeit its entire commission for all programs and its account will be terminated.
9.310.3. If Affiliate is notified that fraudulent activities may be occurring on its Media, and Affiliate fails to take prompt action to stop the fraudulent activities, then, in addition to any other remedies available to Company, Affiliate shall be responsible for all costs and legal fees arising from these fraudulent activities.
9.410.4. In addition, in the event that Affiliate has already received payment for fraudulent activities, Company reserves the right to seek credit or remedy from future earnings or to demand re-re- imbursement from Affiliate.
Appears in 2 contracts
Sources: Affiliate Agreement, Affiliate Agreement
DECEPTION OR FRAUD. 9.1. Company actively monitors traffic for deceptive or fraudulent activity. If deception or fraud is detected as determined by Company's sole discretion, Affiliate's account will be made inactive pending further investigation.
9.2. Affiliate accounts are flagged that, among other things: • Have click-through or conversion rates that are much higher than industry averages and where solid justification for such higher click-through or conversion rates is not evident to the reasonable satisfaction of Company; • Have ONLY click or lead generation programs generating clicks or leads with no indication by site traffic that it can sustain the clicks or leads reported; • Have shown fraudulent leads as determined by the Advertisers; • Have used any incentives to procure clicks or leads Have provided leads obtained other than through intended consumer action. For instance, use of phone books, or similar such compilations of personal data, to complete lead generation forms shall be considered fraudulent behaviour. • Use fake redirects, automated software, and/or other fraudulent mechanisms to generate Events from the Programs. • If Affiliate fraudulently adds leads or clicks or inflates leads or clicks by fraudulent traffic generation (such as pre- population of forms or mechanisms not approved by Company or use of sites in co-registration campaigns that have not been approved by Advertiser), as determined solely by Company, Affiliate will forfeit its entire commission for all programs and its account will be terminated.
9.3. If Affiliate is notified that fraudulent activities may be occurring on its Media, and Affiliate fails to take prompt action to stop the fraudulent activities, then, in addition to any other remedies available to Company, Affiliate shall be responsible for all costs and legal fees arising from these fraudulent activities.
9.4. In addition, in the event that Affiliate has already received payment for fraudulent activities, Company reserves the right to seek credit or remedy from future earnings or to demand re-re- imbursement from Affiliate.
Appears in 2 contracts
Sources: Affiliate Agreement, Affiliate Agreement