Date of Last Revision: October 25, 2016
- Influencers must not support, advertise or promote downloadable advertising software (commonly known as "adware" or "malware") that initiates or installs without the end user’s action of consent. An Influencer found to be using any forms of adware, malware or spyware will be immediately removed from Fervora, and commissions voided.
- Any Influencer on Fervora using PPC to drive traffic may not bid on Fervora Campaign company name or Fervora Campaign domain name (exactly as configured in Fervora). An Influencer may not represent themselves as the Fervora Campaign brand, entity or public figure in PPC campaigns unless consent is given by the Fervora Campaign brand, entity or public figure. Commission earnings that originate from a bid violation are subject to withholding.
- Fervora tracking cookies set by Influencer end-user clicks, through campaigns and tracking links of any kind provided by Fervora, must be the direct result of an end-user outbound click. Forced clicks or practices otherwise known as cookie stuffing are against this Influencer Agreement.
- Software reminders, browser notifications or alerts triggered by a Fervora Campaign URL in a browser address bar are acceptable with restrictions. Reminders or notifications may include, but are not limited to, browser helpers, plug-ins and toolbars. Fervora reserves the right to apply restrictions on Influencer accounts or websites utilizing software reminders, browser alerts or notifications that knowingly or unknowingly undermines the valid tracking cookie of another Influencer.
- Black Hat SEO or Spamdexing techniques of any kind, including but not limited to, Cloaking and Content Scraping, is strictly prohibited and enforced. Any Influencer caught using Black Hat methods will be removed from Fervora on first offense, and commission payments subject to withholding.
- If a Influencer chooses to promote a Fervora Campaign by way of email, the email marketing must comply with the CAN-SPAM Act of 2003 and any applicable regulations governing email marketing. The CAN-SPAM Act, which became effective January 1, 2004, covers email whose primary purpose is advertising or promoting a commercial product or service, including content on a website.
- Influencer may not use a domain name with bad faith intent to profit from the goodwill of a trademark or copyright belonging to another company or individual. Any relevant activities including, but limited to, Typosquatting, URL Hijacking, Cybersquatting or Brandjacking are not permitted. Fervora reserves the right to remove a Influencer deemed to be violating the Anticybersquatting Consumer Protection Act, and void commissions.
- Influencer will not use any of the following types of websites to promote Fervora Campaigns: Incomplete sites, sites with deceptive promotions or content, parked domain names, sites with limited or no value added content, sites that promote hatred, bigotry, violence or adult-oriented material, gambling or online gaming services, get rich quick schemes, and any other sites otherwise centered around illegal or unethical activity. Fervora reserves the right, in its sole discretion, to determine whether or not any Influencer site meets the acceptable use guidelines of this Influencer Agreement.
Bandwidth or Usage Thresholds
Fervora reserves the right to set Influencer bandwidth or usage thresholds on ad serving, API requests and/or any scripts that interact with Fervora Site or web services.
Fervora prohibits any Influencer from representing themselves as the Fervora Campaign brand, entity or public figure by any means, or from using any web programming code or techniques to frame the Fervora Campaign's website within an end user’s browser. If a Influencer chooses to frame Fervora Campaign's website it must be with Fervora Campaign managers consent before doing so.
Influencer is required to follow the Guides Concerning the Use of Endorsements and Testimonials in Advertising from the Federal Trade Commission. The guide sets forth the general principles the FTC uses to evaluate endorsements and testimonials, together with examples illustrating the application of those principles. The guide does not purport to cover every possible use of endorsements in advertising. Whether a particular endorsement or testimonial is deceptive will depend on the specific factual circumstances of the advertisement at issue.
Fraud or Attempted Fraud
Fraud is a very serious, and even criminal offense. Evidence of any kind of Influencer fraud, or attempted fraud, will result in immediate termination from Fervora and voided commissions. Fraudulent activity may include, but is not limited to, credit card transaction fraud, use of adware/malware, cybersquatting, forced clicks and certain black hat techniques. All information obtained by Fervora from any Influencer found to be engaged in credit card transaction fraud will be turned over to the appropriate law enforcement authorities.
Inactive Influencer Accounts
Any Influencer account that has been "inactive" for one year will be automatically deactivated from Fervora. Inactivity is defined as having no record of clicks or ad impressions during the previous 12-month period. Although accounts that meet this criteria (no clicks or impressions for one year) are automatically deactivated, the account record is not deleted and can be reactivated should the Influencer make the request, and qualify for reactivation.
Influencer Transparency & Disclosure
Any software that masks or hides referring information or URLs in any way is prohibited from use. Any Influencer, at the request of Fervora, must disclose and provide accurate information on business models and online or offline promotional techniques used to drive traffic, referrals and conversions to Fervora Campaign's. Failure to provide transparency may result in the suspension of an Influencer account until such disclosure is made.
Influencer Payments and Rewards
- Fervora tracks, calculates and stores payment and commission information for each Fervora Campaign an Influencer has joined (by accepting the terms and conditions of the Fervora Campaign in the Influencer account interface) and any commissions are payable only based on that information;
- Fervora collects Fervora Campaign commissions on behalf of and as agent for Influencer;
- Influencer will be compensated based on the threshold payment amount they have defined in your account settings;
- Fervora is not liable to pay commissions to Influencer on any Fervora Campaign until the Fervora Campaign Owner remits payment to Fervora;
- Notwithstanding the foregoing, Influencer agrees and authorizes Fervora to apply any payment received from any Fervora Campaign in the following order of priority:
- to fees owed by Fervora Campaign to Fervora; and
- then to fees owed by Fervora Campaign to Influencer
- Fervora shall not be liable to Influencer for any Fervora Campaign breach of its obligation to pay Influencer whether directly or through Fervora.
- Fevora shall not be liable to Influencer for any additional rewards listed on a Fervora Campaign. Additional rewards are fulfilled directly by the Fervora Campaign Owner.
Influencer Cookies and Data Protection
- Influencer must comply with all relevant international Internet privacy and data protection laws and regulations.
- Influencer will cooperate with Fervora to comply with all relevant international Internet privacy and data protection laws and regulations.
- Influencer must obtain specific consent by any website visitors to cookies set by Fervora as the result of a click.