Common use of Program Participation Requirements Clause in Contracts

Program Participation Requirements. (a) Requirements for use of Your Personal Sites, Your Radical Site URL and Your Radical Site. As an express condition to your participation in the Program, you agree to the following Program Participation Requirements with regard to the use of Your Personal Sites, Your Radical Site URL and Your Radical Site: (i) You will not display or otherwise use our, or our service providers’, trademarks or logos except as expressly permitted under and in accordance with this Agreement; (ii) You will use Your Radical Site solely in accordance with the terms of this Agreement and within the express scope of the license granted herein; (iii) You will not engage in any promotional, marketing, or other advertising activities on behalf of us, or in connection with the Program, that are prohibited under this Agreement; (iv) You will not use imply another person’s endorsement or sponsorship of, or commercial tie- in or other association with, any Radical Product or service (including by placing unrelated third party materials in close proximity to your Radical Site URL) without that person’s prior written permission; (v) You will not offer any person or entity any consideration or incentive (including any money, rebate, discount, points, donation to charity or other organization, or other benefit) for using your Radical Site URL (e.g., by implementing any “rewards” or loyalty program that incentivizes persons or entities to visit Your Radical Site); (vi) You will not make any orders or engage in other transactions of any kind on Your Radical Site on behalf of any other person or entity, or authorize, assist, or encourage any other person or entity to do so; (vii) You will not take any action that could reasonably cause any Customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, browse, or order) are occurring; (viii) You will not include on Your Personal Sites, display, or otherwise use your Radical Site URL in connection with any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device; (ix) You will not post or serve your Radical Site URL or other content promoting Your Radical Site within any pop-up or pop-under windows, transitional page ads, or layer ads around or in conjunction with the display of any site that is not one of Your Personal Sites; (x) You will not cause Your Radical Site to open in a Customer’s browser other than as a result of the Customer clicking on your Radical Site URL on Your Personal Sites; (xi) You will not attempt to intercept or redirect (including via software installed on users’ computers) traffic from or on, or divert commissions from, any other Radical Site that participates in the Program; (xii) You will not cloak, hide, spoof, or otherwise obscure the URL of Your Personal Sites containing your Radical Site URL (including by use of a redirecting page) or the user agent of the application in which the Radical Site URL is displayed or used such that we cannot reasonably determine the site or application from which a Customer clicks through such Radical Site URL to Your Radical Site; and (xiii) Your Personal Sites and Your Radical Site will not 1. promote or contain sexually explicit materials; 2. promote violence or contain violent materials; 3. promote or contain libelous or defamatory materials; 4. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; 5. promote or undertake illegal activities; or 6. be directed toward children under 13 years of age, as defined by the Children’s Online Privacy Protection Act (15 U.S.C. §§ 6501-6506) and any regulations promulgated thereunder.