This Code of Conduct, together with our terms and conditions (“Terms”), forms part of the Agreement between you and TheTopSpotOnline, LLC (""TheTopSpotOnline”,“we” “our” or “us”).
Capitalized phrases used in this Code of Conduct have the meanings attributed to them in the Terms.
· When acting in your capacity as a Spot Owner, you will act ethically and reasonably at all times.
· You will not provide us with any information which is inaccurate, incomplete or misleading.
· If we request, you will provide us with sufficient information about your business practices to enable us to evaluate your suitability as a Spot Owner.
· You will ensure that your Spot does not reflect unfavorably on us or any Merchant. Your Spot must be in keeping with the image presented by the Merchants you promote.
· You are responsible for the quality and origin of the Visitors you direct to Merchants websites.
· You will not hyperlink your website to any of our websites without our approval.
· You will not interfere with any data sent to or from us or any of our websites.
· You will periodically check TheTopSpotOnline.com for any changes to this Code of Conduct.
2. CONTENT OF YOUR SPOT
· You are solely responsible for any information or content on your Spot.
· Your Spot will not contain, distribute or promote any information or content which:
o infringes any intellectual property rights;
o we consider to be:
o libelous or defamatory;
o obscene or pornographic;
o violent or bigoted;
o dishonest or fraudulent;
o in violation of any law; or
o otherwise objectionable.
o we consider to be promoting or condoning any of the items listed in paragraph (b).
· Your Spot will conform to good advertising practices, including any advertising codes of best practice.
3. MANIPULATION OF THE NETWORK
· You will not cause or attempt to:
o manipulate or subvert the operation of our website or any Merchant’s websites;
o interfere with any system for tracking Visitors or Transactions, or for paying commissions;
o cause any commissions to be paid to you other than in respect of bona fide and validated Transactions;
o earn commissions other than in respect of Visitors which actually and intentionally access a Merchant’s website via a Merchant Link.
· Your Spot will not make any use of any:
o computer hacking;
o spam or use unsolicited marketing;
o computer viruses, spyware, adware, malware or malicious software code;
o software emulation;
o Robots (other than hyperlink checkers), forced clicks, automatic openings of websites, automatic Cookie dropping or Cookie stuffing.
· You will not place or use any software on an internet user’s computer or phone (or other device used to access the internet) which can disable, remove or place Cookies, or which promotes or displays Merchant Links. This includes as part of a shopping assistant, price comparison, or reminder service.
4. MERCHANT LINKS
· do what you can to help us to ensure that the Merchant Links are working properly;
· only use the Merchant Links to procure validated Transactions;
· Not use the Merchant Links:
o to mislead Visitors;
o in any way that may alter the look, feel or functionality of the Merchant Website;
· You acknowledge that hard-coding any banner, button or Merchant Link into your website may impact their future accuracy.
6. TRAFFIC DATA
· You will immediately provide us with information on the origins of all Visitors you direct to Merchant’s websites (“Traffic Data”) if we ask.
· You will be responsible if any Traffic Data you provide is inaccurate, incomplete or misleading even if service providers help you to operate your website or to direct Visitors to Merchants Websites. You will immediately notify us if you become aware that we have received Traffic Data which is inaccurate, incomplete or misleading.
7. INTELLECTUAL PROPERTY RIGHTS
· You will not infringe any of our intellectual property rights or the intellectual property rights of any Merchant or any third party.
· You will not use or attempt to register any trademarks or trade names that are confusingly similar to any trademarks owned or used by us or any Merchant.
8. COMPLIANCE WITH THE SPIRIT OF THIS CODE OF CONDUCT
· The rules contained in this Code of Conduct are not exhaustive, and you will not breach the spirit this Code of Conduct. Only we can decide what constitutes a breach of the spirit of the Code of Conduct