Thirsty for a unique blend of profitable campaigns? The CPA Café offers a full menu of elite opportunities from the most sought–after brands and service providers.
The CPA Café’s dedicated account management team is always looking out for new opportunities and resources to further monetize your site traffic. Our advanced tracking technologies provide the tools to stay on top of every aspect of your account, and our user–friendly reporting center gives you the information you need to get the results you want.
For more information or to join the CPA Café Affiliate Network, please fill out the form below and a representative will contact you.
Affiliate Terms and Conditions
These terms and conditions (the “Agreement”), together with the CPA Café Policies and any amendments to the Agreement governs your participation as a member (the “Affiliate”) in DMi Partners, Inc.’s CPA Café (the “CPA Café).
By clicking the “Submit” acceptance box, you agree to the terms of the Agreement. The effective shall be the date on which you click “Submit.”
PLEASE BE ADVISED YOU SHOULD NOT CLICK AND ACCEPT THIS AGREEMENT ON BEHLAF OF AN ENTITY UNLESS YOU HAVE BEEN AUTHORIZED TO BIND THAT ENITY TO THE TERMS OF THIS AGREEMENT.
1.1 “Action” means a deliverable item (including but not limited to such things as impressions, clicks, leads, calls, sales, etc.) as set for in the Offer.
1.2 “Client” means a client of CPA Café.
1.3 “Offer” means a set of terms, conditions, restrictions and prohibitions, plus creative materials accessed through the CPA Café’s portal that defines an advertising campaign for a CPA Café client. The offer defines the manner an Affiliate may generate Actions and may obtain a commission or fee for the Affiliate’s approved services.
1.5 “Prohibited Activity” means any of the following activities: (a) discrimination on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability or any other unlawful basis under applicable law; (b) libelous, defamatory, threatening, harassing, tortious, or similarly abusive activities; (c) obscene, pornographic, sexually explicit or similar activities; (d) illegal gambling; (e) sale, export or use of illegal substances; (f) terrorism, sedition or other illegal activities; (g) offering of any MP3, MPEG and/or other proprietary materials for download, sale or otherwise, in any case without the permission of the owner of the Intellectual Property Rights or otherwise infringing the Intellectual Property Rights of any third party (h) a conflict or violation of any law or regulation or any Intellectual Property Rights or other rights of any person or entity; (i) harm to minors in any way; or (j) fraudulent activities or impersonation of any person, including misrepresentation of affiliation with any person.
1.6 “Sub-Affiliate” means an independent third party contracted by the Affiliate.
2. THE CPA CAFE
2.1 CPA Café will permit the Affiliate to participate in the CPA Cafe, subject to compliance with the terms and conditions in this Agreement and in any policies established by CPA Café and incorporated by reference in this Agreement.
2.2 The Affiliate will be issued a unique username and password to access the CPA Cafe, neither of which may be used by any person other than the Affiliate.
2.3 The Affiliate may engage Sub-Affiliates to distribute Offers in accordance with the Agreement, provided that:
(a) the Affiliate has written approval from a CPA Café Representative to contract Sub-Affiliates;
(b) a verifiable name, address and telephone number for each Sub-Affiliate is delivered to CPA Café immediately upon request;
(c) the proposed Sub-Affiliate shall agree to the same or more restrictive terms as provided for in this Agreement; and
(d) at no time will the Affiliate engage a Sub-Affiliate who, in the opinion of CPA Café is likely to bring the reputation or standing of CPA Café into disrepute or is otherwise unsuitable.
2.4 Each Party is an independent contractor and not an agent, employee, joint-venturer. Partner or representative of the other.
2.5 Each Party is an independent contractor and not a partner, joint venturer or employee of the other.
2.6 It is further agreed that the Affiliate has no authority to create or assume in CPA Café’s name or on its behalf any obligation, express or implied, or to act or purport to act as its agent or representative for any purpose whatsoever and the Affiliate shall not hold itself out as having any such authority.
2.7 CPA Café may, in its sole discretion, confirm or otherwise verify or check, the truth and accuracy of any all information provided by Affiliate. If at any time CPA Café, in its sole judgment and discretion, determines that any information provided by Affiliate is misleading, inaccurate or untruthful, CPA Café may restrict, deny or terminate Affiliate’s account; Affiliate’s access and use of, and/or any benefits derived from Affiliate’s participation in the CPA Cafe; and the CPA Café may withhold payment of any commissions and/or other fees due Affiliate.
2.8 Affiliate will be solely responsible for the development, operation, and maintenance of the Affiliates and sub-affiliates websites and for all materials that appear on those websites
2.9 Other than as provided in this Section 2, Affiliate may not sublease, rent, lease, sell, resell, outsource, broker or service any Offer, and any attempt to do so shall be null and void.
3.1 Offers will be posted on the CPA Cafe.
3.2 CPA Café grants the Affiliate a limited, non-exclusive, non-transferable right to publish the Offers on the approved Affiliate’s websites and in electronic mail correspondence sent by the Affiliate, all of which must be done in accordance with this Agreement, the CPA Café Policies and the additional terms and conditions affixed to each of the Offers.
3.3 The Affiliate agrees not to modify, alter, misrepresent or embellish the Offer or any part of the Offer including without limitation any text or images provided by or on behalf of CPA Café or the Client in any way, directly or indirectly, without the express prior written consent of CPA Café.
4.1 Subject to Sections 4.2 and 4.8, CPA Café will pay to the Affiliate a commission (the “Commission”) monthly, net thirty (30) from the end of the month or calculated in accordance with the payment terms outlined in each Offer posted by CPA Café on the CPA Café.
4.2 Commissions will be paid to the Affiliate only following receipt by CPA Café of payment from the Client. Affiliate acknowledges and agrees any compensation due to Affiliate is ultimately determined by the Client, and CPA Café will not be liable or responsible for paying out compensation to an Affiliate unless and until CPA receives the funds from the Client associated with the Offer.
4.3 The CPA Café and Client, in their absolute and sole discretion, shall not pay for, any duplicate Actions; Actions with invalid information; Actions with incomplete information; Actions that were generated in violation of the terms of this Agreement and any Actions rejected by the Client after the Clients’ verification process. The CPA Café does not guarantee a list or file of returned Actions.
4.4 CPA Café’s determination as to whether an Action is valid and billable shall be final and binding on you
4.5 The Affiliate acknowledges and agrees that payment of Commissions may be delayed where the Affiliate has not provided CPA Café with a valid W-9 form, EIN and correct registration information and that in no case will CPA Café be liable to the Affiliate for any loss, costs or expenses directly or indirectly incurred by the Affiliate as the result of such delay.
4.6 In no circumstance will CPA Café be obligated to pay Commissions to an Affiliate unless and until the aggregate amount of the Commissions due and payable to that Affiliate exceeds $25.00, or such greater amount established by the Affiliate, from time to time.
4.7 Commissions due and payable by CPA Café to an Affiliate will not accrue interest.
4.8 Payments to an Affiliate in accordance with this Section will be based upon the records kept by CPA Café and reported in CPA Café’s online reporting system and audited by the Clients, from time to time.
5.1 If CPA Café determines, in its sole discretion, the Affiliate or Sub-Affiliate has engaged in any activity CPA Café considers to be fraudulent or which might bring the reputation or standing of CPA Café into disrepute either with the general public or with the Clients or potential Clients of CPA Café; CPA Café may: (a) suspend or terminate the Affiliate’s membership in the CPA Cafe, without notice and (b) release to any third party, information relating to the identity and location of the Affiliate in order to enforce these terms and conditions.
The CPA Café utilizes various fraud monitoring software to ensure Affiliates compliance with the terms of this Agreement. Affiliates agree to be bound by any decision the CPA Café makes concerning any prohibited activity regarding Affiliates.
In the event of an allegations of prohibited activity, the CPA Café, at its sole and absolute discretion, may, manually or automatically, re-direct the traffic driven by an Affiliate’s services, to another location and away from the advertiser’s landing page.
5.2 In the event of a suspension or termination in accordance with paragraph 5.1 above, any Commission due and payable to the Affiliate in accordance with Section 4, will be deemed to be forfeited.
5.3 For the purposes of this Agreement, fraudulent activity includes but is in no way limited to:
(a) activity that is illegal or otherwise against the law;
(b) activity which is directly or indirectly intended to inflate the Commissions payable to the Affiliate;
(b) the generation of Actions in a manner not approved in writing by the CPA Café;
(c) activity which is not in accordance with the CPA Cafe; and
(d) activity which is determined by the Client, in its discretion, to be fraudulent or prohibited.
5.4 CPA Café may at any time audit Affiliate for compliance purposes. Affiliate agrees to provide CPA Café with any reasonable information necessary to conduct an investigation into Affiliate’s compliance with law and this Agreement.
6. COVENANTS, REPRESENTATIONS AND WARRANTIES
6.1 The Affiliate covenants, represents and warrants:
(a) it has the authority and capacity to enter into and to be bound by this Agreement;
(b) there are no existing, pending or threatened claims or legal/enforcement actions pending against the Affiliate;
(c) none of the Affiliate’s websites contain false or deceptive advertising or any machine readable code including without limitation any virus, Trojan horse, work or other self-executing CPA Cafe;
(d) it owns or has the legal right to use and distribute all content, copyrighted material, products, and services displayed on or through its website or websites and in its electronic mail;
(f) it is not now a party to any agreement or business relationship which may conflict with this Agreement;
(g) it will, at all times, comply with all laws applicable in the jurisdiction where the Affiliate is situated and also where the Affiliate directly or indirectly conducts its business or markets an Offer;
(h) it will not publish on any website or send in any electronic mail a universal resource locator or other link to any content or otherwise engage in or condone any practice, which, in the opinion of CPA Café is deceitful, defamatory, libelous, abusive, violent, prejudicial, obscene, pornographic, likely to bring the reputation or standing of CPA Café into disrepute, or which otherwise would be illegal;
(i) it will at all times comply with the provisions of the CAN-SPAM Act of 2003, as amended or replaced, from time to time;
(j) it will not post any content relating to the Offer to any Usenet newsgroup, chat room, bulletin board or ‘blog’ (save and excepting a chat room, bulletin board or blog which is operated or primarily owned by the Affiliate) without the express written consent of CPA Café ;
(k) it will not attempt in any way to alter, modify, eliminate, conceal or otherwise render inoperable or ineffective any tags, source codes, links, pixels, modules or other data provided by or obtained from CPA Café;
(l) it will not “frame” or “mirror” any part of any pages hosted by the Client unless expressly permitted by CPA Café and the Client;
(m) it will not use of SMS messaging, in any manner, whether direct or indirect, to generate Actions, on line traffic or responses to the Offer;
(n) in the event that the Offer is being offered in an approved network, the Offer shall be identified as “Private;” and
(o) it shall pass or provide the referring URLs for all Actions that are generated for the Offer.
7.1 The Affiliate shall indemnify, defend and hold harmless DMi and the CPA Cafe against all losses, liabilities, damages and costs (including legal expenses) sustained, incurred or suffered by DMi and the CPA Café, as a result of any claim, action or proceeding that: (i) the Affiliate’s website(s) infringe the intellectual property rights of any third party; (ii) the Affiliate is in breach of its obligations under the terms of the Agreement; or (iii) any third party claims arising from the Affiliate providing services per this Agreement. The obligation of the Affiliate to defend and indemnify as set out in this paragraph will survive termination of this Agreement for any reason and will not be otherwise limited by any other term or condition of this or any Agreement. DMi and the CPA Café may, at its election in its sole discretion, assume the exclusive defense and control of any matter otherwise subject to indemnification by Affiliate. DMi and the CPA Café may participate in the defense of all claims as to which it does not assume defense and control, and Affiliate shall not settle any such claim without CPA Café‘s prior written consent.
8. DISCLOSURE OF INFORMATION
8.1 CPA Café or its Clients, may disclose to the Affiliate certain information relating to CPA Café‘s and the Clients’ customer’s personal information (PII), Client’s data, business and marketing plans, strategies and methods; or studies, charts, plans of business and industrial information acquired or prepared by or on behalf of CPA Café and the Clients (all collectively referred to as the “Confidential Information”). The Affiliate acknowledges that Confidential Information will be provided at the sole discretion of CPA Café, and nothing in this Agreement obligates CPA Café and its Clients to disclose or grant to the Affiliate access to any Confidential Information.
8.2 Unless expressly authorized in writing by CPA Café, the Affiliate covenants and agrees:
(a) to use the Confidential Information only for the purposes expressly contemplated in this Agreement; and
(b) no Confidential Information will be disclosed to any third party, affiliate, subsidiary, Sub-Affiliate, agent, or employee of the Affiliate without the prior written consent of CPA Café, which may be unreasonably and arbitrarily withheld.
8.3 The Affiliate acknowledges that CPA Café remains the sole and exclusive owner of all right, title and interest in and to the Confidential Information. The Affiliate agrees that the Confidential Information will not be copied or otherwise reproduced without the express prior written consent of CPA Café.
8.4 Upon termination of this Agreement, or otherwise on demand by CPA Café, the Affiliate agrees that it will promptly deliver to CPA Café all notes, data, tapes, reference items, sketches, drawings, memoranda, records, diskettes, electronic communications in any form and any other materials in any way relating to any of the Confidential Information in the possession of the Affiliate or any affiliate, subsidiary, Sub-Affiliate, agent, or employee of the Affiliate.
8.5 The Affiliate acknowledges and agrees that:
(a) the promises made in this Section and the Affiliate’s agreement, constitute a material inducement to CPA Café to enter into this Agreement;
(b) the provisions of this Section shall be construed independently of any other provision of this Agreement, and the existence of any claim or cause of action the Affiliate may have against CPA Café, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by CPA Café of the provisions of this Section;
(c) that any breach of this Section would cause irreparable harm to CPA Café for which damages might not be an adequate remedy, and the Affiliate therefore agrees that in the event of any such breach CPA Café will be entitled to seek, in addition to any other right accruing to CPA Café under this Agreement or otherwise in law or equity, injunctive relief against the Affiliate without the necessity of proving actual damages; and
(d) notwithstanding any other provision of this Agreement, this Section shall survive the termination of this Agreement, however caused.
8.6 The Affiliate agrees to indemnify and save harmless CPA Café against any and all loss, costs or expenses, inclusive of court costs and legal fees on a solicitor and own client basis, which CPA Café may incur as the direct or indirect result of any unauthorized disclosure of the Confidential Information by the Affiliate or any person for whom the Affiliate is responsible, in law.
9.1 During the term of this Agreement and for a period of six (6) months thereafter, the Affiliate will not seek, in any way, to undermine the goodwill of CPA Café , and in particular, the Affiliate will not, directly or indirectly: (1) solicit or entice or attempt to solicit or entice, work away from the CPA Café ; (2) solicit or entice or attempt to solicit or entice any of the employees of CPA Café to enter into employment service with the Affiliate or a competitor of CPA Café ; or (3) directly or indirectly enter into any agreement or contract, written or otherwise, with any Client or otherwise provide services to any third party for the ultimate benefit of a Client which might, in the opinion of CPA Café , compete with any services provided by CPA Café to that Client.
10. DISCLAIMER AND LIMITATION OF LIABILITY
10.1 THE CPA CAFE AND ANY OFFER ARE PROVIDED “AS IS”, “WHERE IS” AND “AS AVAILABLE.”
10.2 CPA CAFÉ’ DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO ANY MATTER, WHETHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION ANY WARRANTY OF PROFITABILITY, SATISFACTORY QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT).
10.3 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE CPA CAFÉ ADDITIONALLY DISCLAIMS ALL OBLIGATIONS AND LIABILITIES ON THE PART OF CPA CAFÉ AND THOSE FOR WHOM IT IS IN LAW RESPONSIBLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, AND CONSEQUENTIAL DAMAGES, ATTORNEYS’ AND EXPERTS’ FEES, AND COURT COSTS (EVEN IF CPA CAFÉ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FEES OR COSTS), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
10.4 IN NO CIRCUMSTANCE WILL CPA CAFÉ BE LIABLE TO THE AFFILIATE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS OF THE AFFILIATE OR THE AFFILIATE’S SUCCESSORS OR ASSIGNS (INCLUDING WITHOUT LIMITATION CLAIMS FOR LOSS OF GOODWILL, USE OF OR RELIANCE ON THE SERVICES PROVIDED HEREUNDER, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS) ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, CPA CAFÉ WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY RESULTING FROM ANY GOVERNMENTAL ACTION, FIRE, FLOOD, INSURRECTION, EARTHQUAKE, POWER FAILURE, RIOT, EXPLOSION, EMBARGO, STRIKES WHETHER LEGAL OR ILLEGAL, LABOR OR MATERIAL SHORTAGE, TRANSPORTATION INTERRUPTION OF ANY KIND, WORK SLOWDOWN, ACTIONS OR INACTION OF AFFILIATE OR THIRD PARTIES, AFFILIATE’S EQUIPMENT OR SOFTWARE AND/OR ANY THIRD PARTY EQUIPMENT OR ANY OTHER CONDITION AFFECTING PRODUCTION OR DELIVERY IN ANY MANNER BEYOND THE CONTROL OF CPA CAFÉ.
11.1 During the term of this Agreement and for a period of twelve (12) months thereafter, regardless of the reason for termination, Affiliate agrees that it will not knowingly, directly or indirectly, solicit, engage, contract, license, or work with any client whose offer it or any of its Sub-Affiliates marketed hereunder without the prior written approval by an authorized party at CPA Café. Affiliate agrees and understands that DMi has incurred significant expense forming the CPA Café and in providing services for the benefit of its Clients, and Affiliate agrees and understands that in the event of a breach by Affiliate of this section, Affiliate shall pay CPA Café as liquidated damages an amount equal to CPA Café’s profits for the preceding twelve (12) months generated by the campaigns for such Client. The liquidated damage remedies provided herein in this section shall not preclude CPA Café from seeking injunctive relief.
12.1 Upon notice, the CPA Café may terminate this Agreement and any campaign being performed. The Affiliate may terminate this Agreement, at any time, on forty-eight (48) hours prior written Notice to CPA Café.
12.2 Notwithstanding termination of this Agreement for any reason, the Affiliate covenants and agrees that it will continue to be bound by the terms and conditions set out in Sections 5, 7, 8, 10, 11 and 13.1 of this Agreement.
12.3 Any Affiliates participation in the CPA Cafe may end or be suspended for a number of reasons, including expiration or early termination of the Offer by the Client, and Affiliate may not necessarily receive any prior notice that such Offer has been suspended or terminated. If that happens, the CPA Café may, without notice to you, terminate or suspend the Offer.
12.4Alternatively, the CPA Café may, at any time, with or without notice, in its sole discretion, suspend, limit, restrict, condition or deny an Affiliates access to or use of all or any part of the CPA Cafe or any Offer.
13.1 The Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the Commonwealth of Pennsylvania excluding its conflict of law rules. The Affiliate agrees to the exclusive jurisdiction of the state and federal courts located in Philadelphia, Pennsylvania with respect to any dispute arising as a direct or indirect consequence of this Agreement.
13.2 In the event of any dispute, controversy or claim arising out of or relating to this Agreement, the parties agree, at the request of either party, to appoint representatives to meet in good faith within thirty (30) days of such request, in order to resolve the dispute.
13.3 Except for actions seeking equitable or injunctive relief, any dispute, controversy or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to this Agreement, that is not resolved pursuant to Section 13.2, shall be referred to and finally resolved by arbitration administered by the American Arbitration Association (“AAA”), in accordance with the AAA’s Commercial Arbitration Rules and Mediation Procedures. The Arbitration shall be conducted by a panel of three (3) arbitrators, of whom each party shall designate one, with the third arbitrator to be designated by the two party-appointed arbitrators. Such arbitration shall be conducted in Philadelphia, Pennsylvania. The arbitrators shall establish procedures under which each party will be entitled to conduct discovery and shall award to the prevailing party in any such dispute the costs and expenses of the proceeding, including reasonable attorneys’ fees. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. 1 et. seq., and except as set forth below, the arbitral award shall be final, binding and incontestable and judgment thereon may be entered in any court of competent jurisdiction. The arbitrators shall award only such damages as are permitted to be awarded pursuant to this Agreement.
13.4 CPA Café may assign this Agreement without the Affiliate’s prior consent. The Affiliate may not assign this Agreement without the express written consent of CPA Café.
13.5 From time to time, CPA Café may amend, supplement or replace this Agreement or the CPA Café Policies in part or in whole, on Notice to the Affiliate of not less than five (5) days. If within five (5) days following Notice of such amendment, supplement or replacement the Affiliate has not terminated this Agreement, the Affiliate will be deemed to have consented to the same.
13.6 Any notice or other communication (“Notice”) permitted or required by this Agreement will be in writing and given by personal delivery or transmitted by facsimile or electronic mail to the receiving party at the address provided to the CPA Café by Affiliate. Any such Notice will be deemed to have been received on the date on which it was transmitted by facsimile or electronic mail or delivered.
13.7 No term or condition of this Agreement will be deemed waived and no breach excused, unless such waiver or consent excusing the breach is in writing and signed by both parties.
13.8 In the event that any term, covenant or condition of this Agreement is declared indefinite, invalid, illegal or unenforceable by a court having jurisdiction then this Agreement with respect to the remaining terms, covenants or conditions will continue in force.
13.9 This Agreement will inure to the benefit of and be binding upon the respective successors, heirs and assigns of both CPA Café and the Affiliate.
13.10 This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this agreement, supersedes any previous or contemporaneous representations, negotiations, understandings, and agreements, oral or written.
This statement sets out the privacy practices and policies of DMi Partners, Inc. (“DMi” or “CPA Café”) in relation to any information that you may share with DMi in your capacity as a CPA Café Publisher or Affiliate.
In this statement, when we talk about “DMi” or “we” or “our”, we are referring to DMi Partners, Inc., and any affiliated companies or subsidiaries.
DMi reserves the right to update this policy from time to time, on reasonable notice to you. Your continued use of any website or service covered by this policy after we have notified you of an amendment will constitute your agreement to the same.
1. Personal Information
DMi’s CPA Café Affiliate Network is an online marketing network of advertisers and affiliates. As an Affiliate, you may be required from time to time to provide DMi with certain personal information, including without limitation, your name, address, telephone number, electronic mail addresss, credit card information, bank account information, and your social security number (collectively, your “Personal Information”).
DMi will use your Personal Information to establish your affiliate account, to communicate with you, to remit payments to you from time to time when due, and for ongoing record keeping, as required by law.
DMi will not release Personal Information about you without your permission, except:
b. as permitted in any written agreement between you and DMi;
c. where we believe it is reasonably necessary to conduct business; and
d. where we believe it is necessary to enforce our rights under any Agreement between you and DMi.
DMi will provide a means for you to manage and control the information that you have voluntarily provided to us, and a means for you to communicate your privacy questions and concerns to us.
We will not knowingly collect Personal Information on users under the age of eighteen. We encourage parents and guardians to monitor the Internet-based activities of their children.
2. Anonymous Information
“Anonymous Information” is information other than Personal Information, and includes the domain names, IP addresses and type of browsers that you may use, from time to time, referring URLs, and other, non-personally identifiable information.
DMi will not share any Anonymous Information if that information is or will be linked to your Personal Information, unless we have given you notice as described above and you have given us authorization to do so.
3. Sharing Personal Information
We will not share your Personal Information unless we have first given you notice that we might share your data, and you have authorized us to do so. Our partners who receive information from us have the right to use the data we provide them (sometimes, in connection with other information they may have gathered about you), but are generally prohibited from sharing this information with other companies or people. In addition, if we add new features or services that might require the sharing of your personal information with other parties, we will provide you with notice and the opportunity to opt-in to receive these offers.
In certain special cases, we may disclose your Personal Information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to you, or otherwise injuring or interfering with DMi ‘s rights, property or operations, other DMi users, or anyone else who could be harmed by such activities. We may also disclose your Personal Information when we believe the law requires it, or in response to any demand by law enforcement authorities in connection with a criminal investigation, or civil or administrative authorities in connection with a pending civil case or administrative investigation.
Finally, where, in our sole discretion after undertaking such investigation or investigations as we see fit, we determine that you have engaged in conduct which might be considered fraudulent or which might bring the reputation or standing of DMi into disrepute either with the general public or with a client or potential client of DMi , we reserve the right to release your Personal Information to such persons or third parties as we consider necessary in order to prevent you from causing injury to, or otherwise injuring or interfering, now or in the future, with DMi ‘s rights, property or operations or otherwise the rights, property or operations of anyone else who could be harmed by such conduct.
4. Third Party Relationships
Whenever you provide registration information on certain co-branded Web pages or for certain services provided in conjunction with third party partners, some data you provide is shared with partners. You should make every effort to read the privacy policies provided by or in association with such third parties, and make an informed decision on your own whether or not to continue utilizing the services based on the privacy policies posted on these co-branded Web pages, at your own discretion.
DMi operates secure data networks protected by industry standard firewall and password protection. DMi has security measures in place to attempt to protect against the loss, misuse and alteration of your user data under our control. Unfortunately, no method of data transmission or storage is entirely secure, and while we make reasonable efforts to protect data stored on our networks, we cannot ensure or warrant that security of any information that you transmit to us, and you do so at your own risk.
Only authorized employees have access to the information you provide us. For example, we impose strict rules on DMi employees who have access either to the databases that store user information or to the servers that host our services. While we cannot guarantee that loss, misuse or alteration to data will not occur, we make every effort (such as the use of employee passwords and non-disclosure agreements) to prevent such unfortunate occurrences.
6. Contacting Us
Acceptable Use Policy
This Acceptable Use Policy (“AUP”) describes permitted conduct and prohibited uses of the DMi’s Partners, Inc.’s CPA Cafe Affiliate Network ( “DMi” or “CPA Cafe”) and its services, as subscribed to pursuant to the Affiliate Terms and Conditions (“Agreement”) executed between Affiliate (“You” or “Your”) and CPA CafÃ© (“We” or “Us”), into which this Policy is incorporated.
Any violation of this AUP may result in account suspension or deactivation. We reserve the right to evaluate each violation individually and take action as We deem appropriate. Actions may vary from written warning to immediate account deactivation and forfeiture of recorded commissions.
By promoting the Offer(s) available through the CPA CafÃ©, You agree to the terms and conditions of this AUP.
The contents of this AUP may be updated from time to time as required and prohibited activities are not limited to those examples listed within. You are encouraged to regularly reference this AUP before engaging in any new or questionable affiliate marketing strategies.
1. Affiliate Account
To ensure timely payment and accurate communication channels, You are responsible for maintaining the correct contact and payment information in Your account. Profile information must be updated before the last day of the calendar month in order for You to receive payment for the commissions generated during the applicable month.
Registration of more than one account (per individual or company) in the CPA Cafe, without prior written approval by a DMi Representative, is prohibited.
You are legally responsible for all activity through Your account at all times.
You, through action or inaction, cannot sell or permit access to Your account to any third party for whom You do not have 100% control and authority over.
You are at all times solely responsible and liable for the activity of any Sub-Affiliate(s) that You may engage to promote the applicable Offer(s) available through DMi.
2. Affiliate Disclosure Screens
Any disclosure screen (part of install process) used to promote CPA CafÃ© Offer(s) may include a testimonial, only if such testimonial:
- Is truthful;
- Is not deceptive or misleading;
- Reflects the honest opinions, findings, beliefs, and/or experiences of the person providing the testimonial;
- Is substantiated; and
- Otherwise complies with the Federal Trade Commission guidelines concerning the use of endorsements, testimonials and disclosures in advertising.
Disclosure Screen Content
When promoting an Offer, You shall not publish or display any content on Your Disclosure Screen that:
- Is unlawful, deceitful, defamatory, libelous, abusive, violent, prejudicial, pornographic, threatening, or harmful;
- Contains or promotes drug use, illegal gambling, or other criminal activity;
- Promotes firearms, alcohol, or tobacco;
- Is deceptive or misleading; or
- Is otherwise objectionable in the opinion of DMi.
Disclosure Screen Requirements
Any and all Disclosure Screens used to promote an Offer must at all times:
- Be fully functional at all levels, with no “under construction” messaging or sections;
- Be represented by a legitimate second-level domain name (e.g. yoursite.com is acceptable; however, a shared server, e.g., sharedsite.com/your site, is not acceptable);
- Not include spawning process pop-ups; and
- Not include any images or text in reference to pornography.
3. Campaign Specific Restrictions.
If CPA CafÃ© approves any campaign, creative, or disclosure, then such item shall be deemed to comply with the terms of this Section 3. CPA CafÃ© may revoke its approval at any time.
Campaign Terms and Conditions
Many Offers on the CPA CafÃ© have additional “Terms and Conditions” specific to that campaign that are found on the “Campaign Details” tab and must be agreed to before gaining access to any marketing materials. You must comply with all campaign-specific “Terms and Conditions” at all times.
Campaign Search Restrictions
Many Offers on the CPA CafÃ© have search engine marketing (“SEM”) restrictions specific to that campaign that are found under the “Search Creatives” tab for each campaign. You must comply with all SEM restrictions at all times.
Only campaigns identified as a Mobile Campaign may be promoted with media purchased through Mobile targeted exchanges ( e.g. Jumptap, Google Mobile Ads ).
You shall NOT promote a Campaign at any time using SMS text messaging.
If You do so, You will forfeit all earned and owing commissions and Your account will be deactivated immediately.
The term “Content Locking” is considered a form of incentivization and, if employed, must adhere to all requirements included in the “Incentives” section of this AUP. If any form of content is used as an incentive, You must have legal rights to such content, and its use must first be approved in writing by a CPA CafÃ© Representative.
You shall not alter, cut, crop, resize, modify, or otherwise change any aspect of the provided creatives for any campaign without CPA Cafe’s prior written approval.
You shall not post, display, transmit, or make available for download any content, images, pictures, or logos in connection with CPA Cafe, its campaigns, or Clients that infringes on trademarks or intellectual property rights of a third party, or that You do not have the legal license or authority to use.
The use of free images found through Google Image Search or any other means is prohibited. Should You wish to use non-provided images with CPA Cafe’s prior written approval, it is recommended that You license images from stock photo providers such as istockphoto.com.
If promoting ads through e-mail marketing, You must only use e-mail creatives provided by CPA Cafe to ensure compliance with the CAN-SPAM Act of 2003. If an Offer allows for e-mail marketing but does not have available HTML or TEXT creatives, You must contact Your Affiliate Manager for approved creative(s) before conducting any e-mail marketing initiatives with respect to the applicable Offer.
The framing of CPA Cafe or Client websites (generally campaign landing pages) into an Affiliate or third party website is prohibited without prior written consent from a CPA Cafe Representative.
Framing includes but is not limited to the use of:
- Hidden Frames; and
You, and any Sub-Affiliates You may engage with to promote the Offer(s), who commit fraudulent activities, will forfeit all earned commissions for all Offers that are being promoted in Your account. Forfeiture of commissions will apply to commissions generated through Your account and will not be limited to only those commissions associated with the fraudulent activity. In addition to the forfeiture of commissions, Your account will also be deactivated effective immediately. We reserve sole judgment in determining fraudulent activity.
Fraudulent activity includes, but is not limited to:
- Use of personally identifiable information without authorization;
- Use of false data or credit card numbers on any signup form, contract, online application or registration;
- Use of unauthorized data or credit card numbers in the name of third parties on any signup form, contract, online application, or registration;
- Manipulation of tracking information or CPA Cafe unique tracking links and Client landing pages to artificially inflate leads/ actions and thereby increase the amount of commissions earned;
- Cookie stuffing – No more than one cookie may be set when a page is called, regardless of whether these cookies are set in different areas of the page, ad servers, pop-ups, pop-unders, layers or other elements loaded when the page is called;
- Any generation of leads or transactions in bad faith by You and any Sub-Affiliates, or from any device, program, robot, computer script or other automated methods to artificially inflate commissions;
- Autospawning of browsers;
- Automatic redirecting;
- Blind text links;
- Spyware or malware
- Spoofing; or
- Any generation of clicks that do not map any conscious action by an individual user, including but not limited to:
- Repeat manual clicks;
- Use of robots or other automatic means to generate clicks; and
- Faking tracking information to stimulate links.
7. Government Affiliation
You shall not represent yourself as being affiliated in any way with any government agency. Impersonation of government websites or agencies is strictly prohibited, and includes but is not limited to:
- Use of any search engine display URLs or actual URLs which contain or are variations on the domain “.gov”;
- Text/images within a website which reference an affiliation with a government agency; or
- Bidding on keywords that contain the name of any government agency.
If You do so, You will forfeit all earned and owing commissions and Your account will be deactivated immediately.
The use of incentives is strictly prohibited unless:
- Explicitly allowed as part of a campaign, as seen on the “Campaign Details” tab; and
- Expressly approved in writing by a CPA Cafe Representative.
Proof of written approval to use incentives may be requested from at any time
Incentives cannot be provided to users in exchange for clicking on the Offer or generating any other form of action for an Offer.
Incentives include, but are not limited to, awarding users:
- Contest entries;
- Access to torrent files;
- Access to site content or functionalities; and
- Any other tangible or intangible item of value transferred or licensed to a user or a person or entity under the control of a user.
“Content Locking” is considered a form of incentivization and, if employed, must adhere to all requirements included in this section. If any form of content is used as an incentive, You must have legal rights to such content.
If approved to use incentives:
- You may only use incentives to promote those Offers which explicitly indicate, on the “Campaign Details” tab, that incentives may be used;
- You may only use incentives on sites included in Your CPA Cafe account profile; and
- You must only use the type or form of incentive for which You have been approved to use.
You may NOT:
- Permit any Sub-Affiliate to use incentives for marketing any campaigns from Us; or
- Broker any CPA Cafe incentive offers to another network.
9. Legal Compliance
You shall not conduct any illegal activity whatsoever (including any violations of applicable U.S. state or federal law or regulation, including, but not limited to, CAN-SPAM, COPPA, TCPA, the FTC Act, the FTC’s Guides Concerning the Use of Endorsements and Testimonials, Endorsements, Disclosures, and the Use of the Word “Free,” or the laws of any other jurisdiction in which You operate).
10. Message Boards, Classifieds
You must NOT place any Offer codes on, advertise or otherwise promote any Offers via:
- Third party website internal communications systems;
- Message boards;
- Chat rooms; or
- Free classified sites.
This includes but is not limited to:
- Posting CPA Cafe affiliate links directly in a Craigslist, or any other similar market place, classified ad listing;
- Posting links for an Affiliate website or landing page designed primarily to promote the Offer in a Craigslist, or any other similar marketplace, listing; and
- Collecting email address data generated from a Craigslist, or any other similar marketplace, classified ad listing and later sending promotional emails including the Offer to those email addresses.
11. Misleading and Deceptive Advertising
As per Section 5 of the Federal Trade Commission Act, it is unlawful to mislead consumers through false or deceptive statements, claims, or representations. You shall not at any time:
- Mislead users with deceptive or misleading language; or
- Promote content, products or services not actually offered by the Advertiser of an Offer.
Examples of a misleading method include “Job Sites” that deceive users with the promise of employment for completing offers related to education or home business opportunities, and “Apartment Listings Sites” that deceive users with the promise of access to vacant apartment listings for completing offers related to credit reports.
12. Offline Marketing
Offline marketing of any Offers is prohibited without prior written consent from a CPA Cafe Representative and a CPA Cafe Client.
Offline marketing includes but is not limited to:
- Leads or sales via inbound and outbound call centers;
- Leads or sales generated through physical shops, mall kiosks, on campus information booths, etc.; and
- Any lead or sale where the affiliate or other third party submits a lead or concludes a sale on behalf of the actual end user.
13. Social Media
If you wish to promote an Offer through Facebook, You must abide by Facebook’s terms and conditions and guidelines at all times. You are encouraged to read the “Facebook Advertising Guidelines.”
We reserve sole judgment in determining permissible marketing of an Offer on Facebook and take action as We deem appropriate.Actions may vary from written warning to immediate account deactivation and forfeiture of commissions earned.
If You are uncertain whether or not Your marketing methods are permissible, contact Your CPA CafÃ© Representative.
If you wish to promote an Offer through Twitter, You must abide by Twitter’s terms and conditions and guidelines at all times.You are encouraged to read the “Twitter Rules”, “Following Best Practices” and “Automation Rules and Best Practices.”
We reserve sole judgment in determining permissible marketing of an Offer on Twitter and take action as We deem appropriate.Actions may vary from written warning to immediate account deactivation and forfeiture of commissions earned.
If You are uncertain whether or not Your marketing methods are permissible, contact Your Affiliate Manager.
If you wish to promote an Offer through YouTube, You must abide by YouTube’s terms and conditions and guidelines at all times.You are encouraged to read YouTube’s “Ad Policies” and “Community Guidelines.”
We reserve sole judgment in determining permissible marketing of an Offer on YouTube and take action as We deem appropriate. Actions may vary from written warning to immediate account deactivation and forfeiture of commissions earned.
If You are uncertain whether or not Your marketing methods are permissible, contact Your Affiliate Manager.
14. Sub-Affiliates/ Networks
Should You wish to contract a Sub-Affiliate to promote an Offer, You must comply with the “Sub-Affiliate Provisions” (including sections 2.3 and 2.4 of the agreed upon CPA Cafe Affiliate Terms and Conditions, in addition to the following requirements:
- You must have written approval from a CPA Cafe Representative to contract Sub-Affiliates; and
- You must pass subID’s in Your unique affiliate link that associates a separate alphanumeric value for each Sub-Affiliate.
You must NOT, without express written permission by a CPA Cafe Representative, permit any Sub-Affiliate to:
- Use incentives for marketing any Offers from Us; or
- Broker CPA Cafe Offers to another network.
You are at all times solely responsible and liable for activity of any Sub-Affiliate(s) that You may engage to promote the applicable Offer(s) available through CPA Cafe.
15. Third Party Traffic
You are at all times responsible for traffic sent through Your account. We recommend You perform appropriate due diligence before purchasing traffic from third party sources. Many companies sell inexpensive traffic that result in poor quality performance and/or fraudulent activity. We recommend You avoid traffic sold by third parties such as buyhitscheap.com and advertyz.com, and should consult with Your Affiliate Manager if ever uncertain about a particular third party traffic seller.
16. Facilitating AUP Violation
You shall not advertise, transmit, or otherwise make available any software, program, product, service or misleading advice that is designed to violate this AUP.
This includes but is not limited to:
- Data harvesting;
- Denial of service attacks;
- Piracy of software;
- Content incentive pops; and
17. Reporting Violations of this AUP
If you believe that there is a violation of this AUP, please direct the information to CPA Cafe’s Compliance department at: firstname.lastname@example.org.
When reporting a possible violation, please provide as much information as available to help us evaluate each case effectively. Useful information may include:
- Type of alleged violation;
- Evidence of alleged violation, such as a screenshot or URL of the page where you saw the violation;
- Date and time of alleged violation; and
- IP address used to commit alleged violation.
Electronic Mail Policy
1.1 “Client” means a client of DMi Partners, Inc. (“DMi” or “CPA Café”).
1.2 “Initiator” means the person or persons who initiate the transmission of the electronic message.
1.3 “Recipient” means the person to whom the electronic message is sent.
1.4 “Sender” means the entity whose product, service, Internet web site or business lines are advertised in the electronic message.
1.5 “Suppression List” means a list of electronic mail addresses for people who have chosen to opt-out of an electronic mail list and to whom delivery of such electronic mail should not occur.
2.1 The Affiliate covenants and agrees that neither the Affiliate nor anyone for whom the Affiliate is in law responsible will, with respect to any Offer, send or cause to be sent any electronic mail except and unless:a. use of electronic mail is expressly permitted by the Offer;
b. in sending such electronic mail the Affiliate and anyone for whom the Affiliate is in law responsible agrees to use only the approved Creatives for the Offer that can be found within the Program interface. Creatives may include Subject and From Lines, Copy, Text, Image and HTML Creatives;
c. in sending such electronic mail the Affiliate and anyone for whom the Affiliate is in law responsible agrees to abide, unconditionally, by the terms of this Policy, the CPA Café Affiliate Terms and Conditions, and any additional terms set out in the Offer (collectively, “Terms”).. DMi reserves the right to suspend or terminate Affiliate’s membership in the Program, without notice, if DMi. suspects Affiliate has violated the Terms;
d. in sending such electronic mail the Affiliate and anyone for whom the Affiliate is in law responsible agrees to abide, unconditionally, with all applicable federal (including if applicable, but not limited to, the CAN-SPAM Act of 2003, as amended or replaced, from time to time), state, provincial, foreign and local laws, ordinances, regulations, statutes, court orders and decrees (collectively, “Applicable Laws”), as well as any standards imposed by DMi. (“DMi Standards”), from time to time, in its sole discretion. DMi has a zero tolerance for the violation of any Applicable Laws or DMi Standards, and: (i) DMi may terminate the Affiliate’s membership in the Program, without notice, if at any time Affiliate is in violation of any of the Applicable Laws or DMi Standards; and (ii) the Affiliate covenants and agrees to cooperate fully with any investigation DMi conducts related to this Section 2.1(d) and will send DMi all information relevant to the investigation that DMi requests within twenty-four (24) hours of the sending of such a request by DMi ;
e. in sending such electronic mail the Affiliate and anyone for whom the Affiliate is in law responsible agrees to distribute Offers through email marketing only to Recipients who have expressly agreed to receive such emails. In addition, Affiliate must be able to provide evidence in the way of date, time, originating IP and the location from which the email address was obtained (referrer); and
f. the electronic mail:
I. Contains an originating domain that is fully traceable, through public sources such as WHOIS, to the Initiator. Use of privately registered domains as the originating domain is prohibited;
II. Contains in the “Reply To” field a valid electronic email address which will remain active for a minimum of thirty (30) days after any Offer has been emailed to a Recipient;
III. Contains the original, unaltered, electronic mail headers, including an “X-Originating-IP” header setting out the original internet protocol address from which the electronic mail is sent;
IV. Contains, in the body, a valid postal address for each the Sender and Initiator, including street address, city, and optionally a telephone number;
V. Contains no text, images or other content in any field (including, without limitation, the Subject field) or in the body which has not been expressly approved in this Policy, in writing by a DMi Representative, or otherwise in the Offer;
VI. Contains a Subject line; electronic messages with blank Subject lines are not permitted; and
VII. Contains a valid, functioning, hyperlinked mechanism permitting the Recipient to have the Recipient electronic mail address removed from the Sender and Initiator’s mailing lists (the “Opt Out Mechanism”).
3. OPT OUT MECHANISM
3.1 The Opt Out Mechanism must:
a. Be clear, conspicuous and relay the Recipient directly to the opt-out location;
b. Be active and operable for at least thirty (30) days following the transmission of the electronic mail; and
c. At no time be subject to any barrier preventing the Recipient from submitting their electronic mail address, such as, but not limited to, monetary cost, misleading language, or time.
4. EMAIL CONTENT
4.1 In no circumstance will the Affiliate or anyone for whom the Affiliate is in law responsible send or otherwise permit or cause to be sent any electronic mail which, in the opinion of DMi or its Client, is or might be construed to be deceitful, defamatory, libelous, abusive, violent, prejudicial, obscene, pornographic, likely to bring the reputation or standing of DMi or the Client into disrepute, or which otherwise would be illegal.
5. SUPPRESSION LIST APPLICATION AND MANAGEMENT
5.1 Offers provided by DMi for the purpose of email marketing will include in the Program interface a Suppression List for the Offer. The Affiliate and anyone for whom the Affiliate is in law responsible will download the Suppression List and scrub it against their list no more than three (3) days before they email the Offer to their Recipients.
5.2 In no circumstance will the Affiliate or anyone for whom the Affiliate is in law responsible send any electronic mail to any electronic mail address listed on a Suppression List for any Offer.
5.3 The Suppression List made accessible to the Affiliate will be used solely for the intended purpose, as stated in Section 5.1. Indication of the Suppression List being used for any alternative purpose, including, but not limited to, leasing, selling, or emailing the Suppression List directly, gives DMi sole discretion to terminate the Affiliate’s membership in the Program immediately, cease any and all payments to Affiliate, and seek any and all remedies under law and equity.
5.4 The Suppression List is the property of Client, and Affiliate or anyone for whom the Affiliate is in law responsible shall gain no interest, right, or title from the use of the Suppression List.
5.5 The Affiliate represents and warrants that it and anyone for whom it is in law responsible will, within seventy-two (72) hours following receipt of an electronic mail address submitted through the Opt Out Mechanism, or otherwise upon receipt of notice (howsoever delivered to the Affiliate) from any person that an electronic mail is to be removed from the Affiliate’s mailing list, remove such electronic mail address or addresses from the Affiliate’s own mailing list.
6. COMMERCIAL MESSAGE IDENTIFICATION
6.1 The Affiliate or anyone for whom the Affiliate is in law responsible must disclose in a clear and conspicuous way that the electronic mail is commercial in nature.
7. CEASE AND DESIST
7.1 Immediately upon receipt from DMi of a cease and desist request, the Affiliate will cease sending electronic mail in conjunction with the Offer.
8.1 Any violation of the terms and conditions of this Electronic Mail Policy may result in immediate termination of the Affiliate’s membership in the Program and forfeiture of any applicable commissions that have been generated and would otherwise be payable to the Affiliate. The Affiliate’s obligations arising under Section 2 will survive termination of the Agreement or this Policy, for any reason.