Partner Program Marketing Regulations

Each marketing affiliate participating in the Playphone Global Partner Program (“Marketing Affiliate”) of Playphone, Inc. (“Playphone”) must adhere to the regulations set forth below (these “Regulations”). If Marketing Affiliate fails to comply with these Regulations, Playphone may, in its sole discretion, disable links and/or terminate its associated agreement with such Marketing Affiliate. Any violation of these Regulations will be considered a material breach of the associated agreement.

Playphone reserves the right to change these Regulations and the policies set forth herein at any time in its sole discretion and without notice to Marketing Affiliate. It is Marketing Affiliate’s sole responsibility to review these Regulations from time to time in order to become aware of any such changes and to adhere to the Regulations, as they may be changed by Playphone from time to time.

  • 1. Prohibited Channels

    1.1 Marketing Affiliates are prohibited from using the following channels for Playphone advertisements, unless such use is approved in advance by Playphone in writing, in which case such use shall be subject to specific regulations governing the approved channel:

    • any incentivized channels where visitors are compensated for visiting Playphone’s offers or website;
    • any advertising transmitted through or with adware, spyware, malware or pop-ups; and
    • profile postings, including, without limitation, MySpace, Facebook, and Dodgeball.

    Additionally, Marketing Affiliates are prohibited from hosting any piece of the new-user subscription process.

    1.2 Marketing Affiliates are prohibited from using the following marketing agencies, unless such use is approved in advance by Playphone in writing:

    • MediaBreakaway, LLC and affiliated companies (CPA Empire)
  • 2. Advertising – Copy, Offers, Creative, URLs, Jump Pages, etc.

    The following regulations apply to any creative execution designed with the intention of driving users to Playphone.

    2.1 The term “Free” and similar terms shall not be used by Marketing Affiliate in copy, links, landing pages, ad units, or similar media that promote or link to Playphone. Prohibited use examples include, without limitation:

    • Get Free ringtones now
    • Download at no charge
    • www.freeringtones.com
    • www.nochargeringtones.com
    • www.ringtonefreeoffer.com
    • free.ringtone.com
    • No ringtone charge
    • Free tones with purchase

    2.2 “Bonus” and “Complimentary” are the only terms that Marketing Affiliate shall use to describe the services or content offered by Playphone. Other terms may be used by Marketing Affiliate only if approved in advance by Playphone in writing. Permitted use examples include:

    • Bonus Ringtones from Playphone
    • www.bonusringtones.com
    • Complimentary tones
    • Ringtone Bonus

    2.3 Offers that use the terms “bonus” or “complimentary” must be accompanied by a disclosure in close proximity that states that the offer is in connection “with subscription.” Examples of permitted disclosures include:

    • "with your Playphone subscription"
    • "when you join Playphone"
    • "with paid subscription"
    • "as a Playphone Member"

    2.4 Playphone’s API and XML feeds may contain preview clips for content items including ringtones, videos and games. If Marketing Affiliate’s integration utilizes such preview clips, a link to the purchase page for the specific content item previewed must be present. Such links should use phrases such as “Get It” or “Download” beside the preview button.

    2.5 Artist images are prohibited unless approved in advance by Playphone in writing.

    2.6 Marketing Affiliate may not use www.playphone.com or any variation thereof as a display URL under any circumstance.

  • 3. Search Terms

    3.1 Marketing Affiliates are prohibited from implying in any manner that a product that is not readily available on the applicable Playphone web or WAP property is being offered.

    • Dynamic keyword insertion for any content that is not readily available on the applicable Playphone web or WAP property is prohibited. This includes, but is not limited to, search ads on any page leading to a Playphone property.
    • Playphone may work with select partners to ensure the proper use of our Search API and Feeds application which may facilitate dynamic insertion.
  • 4. Violations

    Playphone will notify Marketing Affiliate of any violations of which Playphone becomes aware with respect to Marketing Affiliate’s account. If violations are not remedied within 12 hours of notification, Playphone will block Marketing Affiliate’s account ID until such violations are remedied and all payments otherwise due to Marketing Affiliate accruing from the time of the reported violation will be forfeited until the violation is remedied.

  • 5. Playphone Website Look and Feel

    Personal Websites belonging to Marketing Affiliate may not in any way copy or resemble the “look and feel” of the Playphone Website. Marketing Affiliate will not create the impression that their personal Website is the Playphone Website. Marketing Affiliate’s personal websites shall not contain any content from the Playphone Website or other proprietary materials of Playphone unless specifically provided to the Marketing Affiliate by Playphone.

  • 6. URLs, Keywords, Search Terms, and other Identifiers

    Marketing Affiliate shall not use uniform resource locators (URLs), domain names or other website identifiers that contain any Playphone trademarks or any derivative thereof. Marketing Affiliate shall not purchase, register, or bid on any keywords, search terms or other identifiers that include any trademark of Playphone, for use in any search engine, portal, sponsored advertising service, or other search or referral service.

  • 7. Meta Data

    Marketing Affiliate shall not use the corporate Playphone trademark “Playphone” or any derivatives thereof in the Meta Data of any Website owned or operated by Marketing Affiliate.

  • 8. Playphone Title Specific Trademarks

    Marketing Affiliate shall not use any Playphone trademarks or derivatives thereof including titles of published and Playphone Studios-created games unless the terms are used to promote those titles referred to by the trademarks.

  • 9. Advertising

    Marketing Affiliate shall not use any Playphone trademarks or derivatives thereof including titles, logos, artwork or any other assets of published and Playphone created games to create advertisements, banners or other promotional materials other than what is provided in the Content Feeds without the express written consent of Playphone.

    Only approved content located in the Playphone XML feed is approved for use in promotion of Playphone content offered within the XML feed. Marketing Affiliate shall not use Playphone content, logos or assets to create ‘hard goods’ for physical distribution. These ‘hard goods’ include but are not limited to cd’s, cards or any other physical media that promotes Playphone.

    Any promotional program using physical media in combination with the Partner Program must be approved by Playphone in writing.

    Marketing Affiliates may not under any circumstances use any method of “cookie stuffing” which means setting cookies for the Partner Program without the user being referred to Playphone, downloading a game from Playphone, or buying a game from Playphone. Examples of “cookie stuffing” include but are not limited to a) using hidden inline frames or any other tools to place Marketing Affiliate’s partner code cookie on a user’s machine without meeting one of the above criteria; or b) changing any information contained within the Playphone partner code cookie.

    Marketing Affiliate may not change or obstruct the content of Playphone inline frames contained within the Content Feeds. This includes but is not limited to the Playphone logo, the Playphone download services information and any other assets provided via the Content Feed inline frames. Marketing Affiliate (whether an individual or a business) may not “Nest” multiple Partner Program Accounts in a hierarchical manner to get royalties more than once for a single customer transaction. Examples of account “Nesting” include, without limitation, a) a Marketing Affiliate adding itself as a referral under a separate Partner Program Account owned or operated by another person or entity associated with Marketing Affiliate (i.e., a family member or an entity under common control); or b) a Marketing Affiliate adding a referral to another person or entity associated with Marketing Affiliate (i.e., a family member or an entity under common control).

    Playphone reserves the right to suspend Marketing Affiliate’s account if in its sole discretion any fraudulent or inappropriate activity or content is discovered on the Marketing Affiliate’s site. Fraudulent activity is prohibited on My Playphone. Fraud includes but is not limited to:

    • Knowingly providing any false information, including mailing address or social security number;
    • Participating in any activity that attempts to generate illegitimate, unearned revenue or registrations;
    • Using automated scripts that attempt to mimic the activity of legitimate, human visitors;
    • Harvesting, mining, or collecting email addresses for use with the Playphone Global Partner Program. You may only send emails to people you personally know or those who have opted-in to receive your mailings.

    Additionally, Marketing Affiliate may not use any software to advertise, market, or promote the Playphone Global Partner Program, or Marketing Affiliate’s participation in the Playphone Global Partner Program if the software does any of the following:

    • Surreptitiously gathers a user’s personally identifiable information without the user’s explicit consent;
    • Restricts the user’s ability to close and pop-ups, pop-unders, or other advertisements that cover otherwise viewable content;
    • Displays an unreasonable number of pop-up or pop-under advertisements per day or per web browsing session;
    • Markets to children under the age of 13;
    • Sends unsolicited information or material to another computer;
    • Diverts the user to another site not requested by the user;
    • Initiates or terminates a user’s connection to the Internet;
    • Modifies the user’s settings with respect to browser home page, Internet connections (including default access provider), bookmarks, or security levels;
    • Keystroke logging;
    • Automatically re-installs or re-activates itself or another application after being uninstalled or removed by the user;
    • Removes or disables security, pop-up-blocking, anti-virus, anti-Adware, or anti-spyware programs on another user’s computer; or
    • Violates the CAN-SPAM Act of 2003 (as amended).

  • 10. Contact Information If you have any questions or require additional information, please contact:
    Partner Program Contact – Partner@Playphone.com, 408-261-6200