Affiliate Guidelines

Affiliate Guidelines

BY SIGNING THE INSERTION ORDER PROVIDED TO YOU AND YOUR COMPANY ("SERVICE PROVIDER") BY EDUCATIONDYNAMICS, LLC ("COMPANY") OR BY PROVIDING LEADS TO COMPANY, AS APPLICABLE, YOU AND YOUR COMPANY ARE AGREEING TO BE BOUND BY THE ADDITIONAL TERMS OF THESE ADVERTISING GUIDELINES. ALL SERVICE PROVIDERS MUST ADHERE TO THESE TERMS PRIOR TO LAUNCHING ANY ADVERTISING CAMPAIGN ON BEHALF OF THE COMPANY OR ITS CLIENTS AND THROUGHOUT THE TERM OF SUCH CAMPAIGN. THESE GUIDELINES ARE IN ADDITION TO THE INSERTION ORDER THAT YOU HAVE EXECUTED WITH COMPANY. COMPANY RESERVES THE RIGHT TO UPDATE THE ADVERTISING GUIDELINES AT ANY TIME WITHOUT NOTICE. ANY CHANGES TO THE ADVERTISING GUIDELINES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING ON THE COMPANY WEBSITE AND YOU AND YOUR COMPANY AGREE TO THE ADVERTISING GUIDELINES BY CONTINUING TO PROVIDE LEADS TO COMPANY.

1. Advertising Guidelines.

A. Service Provider Must Comply with Company's Advertising Guidelines. Service Provider shall comply with Company's Advertising Guidelines as published by Company from time-to-time. The Company's most recent Advertising Guidelines have priority over any conflicting terms of this Agreement. The updated Advertising Guidelines shall take effect 3 business days after Company's delivery of such Advertising Guidelines to Service Provider. If any provision of the then-current Advertising Guidelines is violated by Service Provider, Service Provider will forfeit the compensation paid for all programs that breached the Advertising Guidelines, this Agreement will be subject to immediate suspension or termination at Company's sole discretion, and Service Provider shall indemnify Company for all claims related to the breach of the Advertising Guidelines pursuant to Service Provider's duty to indemnify Company as described below. The Advertising Guidelines include, but are not limited to the following:

B. Incentives Are Prohibited. The use of incentives, which include but are not limited to compensation, rewards points, lotteries, contests, sweepstakes, give-aways, prizes, gifts or cash, to entice a visitor to complete a Lead Generation Form, is prohibited. Any leads that are derived from the use of incentives to encourage a visitor to engage in a user session will be deemed fraudulent. For the avoidance of doubt, marketing and advertising programs that employ ‘pseudo-incentivized' registration offers (e.g. in small font size, the user is informed (i) that the user should complete the form only if they have genuine interest in the offer presented and/or (ii) the user will not receive any additional rewards for filling out this information) will be considered co-mingling of incentivized advertising and school marketing and will constitute a fraudulent lead, regardless of small font disclosure.

C. No Employee Incentive Compensation. Service Provider shall comply with all state, federal, and accrediting agency limitations on incentive compensation of persons engaged in lead generation activities on behalf of Company, including without limitation those set forth in the federal Higher Education Act at 20 U.S.C. Section 1094(a) (20) and in regulations promulgated by the U.S. Department of Education at 34 C.F.R. Section 668.14(b) (22) or any successor rule or regulation. Service Provider shall compensate all of its employees and agents, as well as the employees and agents of any subcontractors selected by Service Provider, who contact prospective students while providing services under this Agreement, or who directly supervise those who contact prospective students while providing services under this Agreement, in strict compliance with all such limitations and in strict compliance with the permitted compensation practices enumerated by the U.S. Department of Education.

D. Service Provider Must Comply With Applicable Laws: Service Provider shall comply with all applicable federal, state and other laws, regulations, rules, ordinances, and industry standards and guidelines, including but not limited to the Federal CAN-SPAM Act of 2003, the Gramm-Leach-Bliley Act, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Federal Trade Commission Telemarketing Sales Rule, and any Federal Trade Commission regulations related to foregoing, the Canadian Anti-Spam Law (CASL) if the Service Provider sends emails to individuals within Canada, the Federal Communications Commission telemarketing regulations (47 C.F.R. 64.1200 et seq.), any laws or regulations relating to unsolicited electronic advertisements, spam, other electronic communications, advertisements, messages, texts, files, graphics, or the like over or through the internet, any laws and regulations promulgated by the Occupational Safety and Health Administration, any laws and regulations pertaining student educational records and privacy, including without limitation the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and regulations thereunder at 34 CFR Part 99, and, the Higher Education Act of 1965, as amended (20 U.S.C. § 1094(a)(20)), or any successor provision, or the regulations promulgated thereunder by the U.S. Department of Education ("ED"), or any successor regulation, or any guidance as ED may from time to time issue respecting such statutory and regulatory provisions that are in effect at the time Service Provider performs services under this Agreement.

E. Co-Reg Advertising Is Prohibited. Service Provider shall not engage in any type of co-registration advertising for lead generation campaigns. This includes campaigns that generate leads using a "Registration Path" process. "No thanks" or "Skip" links are insufficient disclaimers for Registration Path sites.

F. Paid Search Advertising Is Prohibited. No pay-per-click search engine(s) may be used to drive traffic directly to Company's website.

G. Downloadable Software Advertising Is Prohibited. The display of any advertisement as a direct result of downloadable application is not permitted without the express consent of Company. This includes but is not limited to toolbars, sidebars, free content (i.e., buddy icons, clip art, smileys, etc.), browser helper objects, and any other application, whether disclosure is provided or not.

H. Creative Must Be Approved by Company. Service Provider will only run approved creatives and text in its advertising of the Lead Registration Form. Service Provider may not create its own creative assets (including banners and text) or revise Company's creatives without prior written approval from a member of Company's compliance team. No Service Provider may make any change to the design, copy, or text of email messages or creative that Service Provider sends without prior written approval from Company. Final email copies will be sent and perform exactly as Company-approved copies. Creative may not be placed on a page or within a process that does not clearly and conspicuously disclose, in the form of a privacy policy accessible by hyperlink or directly on the page, that the Creative-related offer is optional.

I. Service Provider Must Not Modify Creatives: Creatives must be implemented exactly as provided by Company. Modification of creatives, including use of tracking URLs in creatives other than those provided by Company or its agents, will violate this Agreement. Service Provider shall deploy the email creative created by and approved by Company to an opt-in email list. If Service Provider chooses to modify display of ads, Service Provider must obtain approval from Company three business days prior to deployment.

J. Service Provider Must Use Approved Email Formats: All subject lines must be pre-approved by Company or be one of Company's approved lines. The email message shall explicitly state why the user is receiving the email (e.g. 'you are receiving this because you have signed up to receive our free email newsletter…'). No Service Provider may make any change to the design, copy, or text of email messages that Service Provider sends without prior written approval from Company. Final email copies will be sent and perform exactly as Company-approved copies.

K. Misleading, Deceptive, Inappropriate Material or Sites Are Prohibited. Creative, including, but not limited to the subject line and text of any email or any text or visual imagery in an advertisement, may not be placed in a manner that is false, misleading, deceptive or otherwise controversial or inappropriate in Company's sole reasonable discretion. No advertisement creative or landing page link(s) will ever be placed on the following type of sites: reward sites, contest sites, sweepstake sites, joke sites, incentivized sites, religious sites, freebie sites, pornographic sites, or prurient content sites, or sites that promote sexually explicit or obscene materials, promote violence, hate or discrimination of any type based on race, sex, religion, nationally, disability, sexual orientation, or age, or constitute or promote illegal activities, or are deemed to be offensive in nature, degrading, libelous, profane, or in bad taste.

L. No Misrepresentations. Creative, including, but not limited to the subject line and text of any email or any text or visual imagery in an advertisement, may not contain: (i) any misrepresentations concerning the nature of an educational program; (ii) any misrepresentations concerning the nature of financial charges; (ii) any misrepresentations regarding the employability of graduates; (iv) any other misrepresentations as described further in 34 C.F.R. Sections 668.71-75; or (v) any description of participation in the title IV, HEA programs in a manner that suggests approval or endorsement by the U.S. Department of Education of the quality of programs or any restriction contained.

M. Service Provider Must Use Opt-in Lists: All email addresses contacted by Service Provider must be from lists to which 100% of the email recipients have opted-in to receive email messages. Service Provider must retain records of recipients' opt-ins. Such records must show the date and time each recipient opted-in, must show the IP address of the computer from which each recipient opted-in, and must show that each recipient specifically agreed to receive third-party offers.

N. Service Provider Must Verify Opt-Ins On Request: On Company's or its agent's request, the Service Provider shall provide, within 1 business day, a copy of the opt-in of any email address to which Service Provider has sent or proposes to send emails, including but not limited to the exact method by which opt-in permission was obtained from the recipient.

O. Service Provider Must Comply With All Opt-Out Requests: The email shall contain a clear, conspicuous, simple to use, fully functional removal mechanism conforming in all respects to the requirements of the CAN SPAM Act and any other applicable law that allows the recipient to automatically opt-out of receiving future emails from Service Provider. This language shall be included in the email in text format and not as an image so as to be visible when images are suppressed by the user's ISP, a suppression application or otherwise. This removal mechanism must be tested before a list launches. Each email delivered by or on behalf of Service Provider shall include CAN SPAM Act and any other applicable law compliant contact information and such additional information or disclosure as individual state laws may require. Service Provider shall promptly comply with all opt-out requests within 10 (ten) calendar days or sooner if required by applicable law.

P. Service Provider Must Not Alter the User's Experience: Service Provider shall not attempt to identify leads by calling or using call centers to call potential leads or by attempting to identify leads through chatroom or similar interactive functionality. Company will deem invalid any leads identified through such activities.

Q. Service Provider Must Not Generate Leads Through Call Centers or in Chatrooms. Service Provider shall not attempt to identify leads by calling or using call centers to call potential leads or by attempting to identify leads through chatroom or similar interactive functionality. Company will deem invalid any leads identified through such activities.

R. No Sub-Affiliation: Company campaigns cannot be sub-affiliated or contracted to another media partner or distributed via an affiliate network without prior written approval by the Company.

S. "Host and Post" Strictly Prohibited. All leads generated by the Service Provider and delivered to the Company must be done through lead registration forms hosted by the Service Provider. Service Provider may not accept and deliver leads generated through forms hosted by a third party.

T. Protection of Leads. Service Provider will maintain all Lead information in accordance with all applicable federal and state laws, regulations, rules, ordinances, and industry standards and guidelines. Service Provider will maintain and enforce security procedures and standards with respect to the access and maintenance of data and will provide reasonably appropriate technical and organizational safeguards against accidental or unlawful destruction, loss, alteration or unauthorized disclosure or access of data. Service Provider will take reasonable security measures to secure and defend its location and equipment against "hackers" and others who may seek, without authorization, to modify or access Service Provider systems or the information found therein without the consent of Service Provider. Service Provider will periodically test its systems for potential areas where security could be breached. If a security breach occurs, Service Provider will be responsible for complying with the applicable laws pertaining to such a security breach. Service Provider shall provide Company in advance of issuance a copy of any communication intended to be sent in compliance with said laws and Service Provider agrees to make Company's reasonable modifications to such communication.

U. Privacy Policy.Service Provider must provide to Company a copy of, or link to, its privacy policy and must comply with its privacy policy, among other rules and policies with which Service Provider must comply. Service Provider agrees to, and shall require all of its publishers, affiliates, partners, suppliers and subcontractors to agree to: (a) disclose to all individuals that submit personal information (prior to submission) (i) that all personal information collected will be shared with Company and its affiliates and agents; (ii) how all personal information will be used; (b) comply with any and all implicit or explicit privacy representations made to such individuals regarding the use of their personal information; (c) obtain express consent for any use, disclosure and processing of the personal information from any non-US resident that submits Lead information (prior to submission).

2. Service Provider Warranties, Representations and Indemnification of Company.

A. Service Provider Warranties. Service Provider represents and warrants that: (i)) Service Provider, including any affiliates and subcontractors, has complied and will comply with all applicable U.S. federal and state laws, regulations, rules, ordinances, and industry standards and guidelines relating to the collection, use, processing, and transfer of the leads and services provided hereunder, including but not limited to the Federal CAN-SPAM Act of 2003, the Gramm-Leach-Bliley Act, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Federal Trade Commission Telemarketing Sales, the Higher Education Act of 1965, Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and regulations thereunder at 34 CFR Part 99, and any amendments thereto, and any regulations promulgated thereunder; (ii) none of the Service Provider's operations or compensation practices have been questioned by or commented on by the US Department of Education or any state licensing or authorizing agency or accrediting agency or any other regulatory body; and (iii) it has not provided any commission, bonus, or other incentive payment, based directly or indirectly on success in securing enrollments or financial aid for any higher education institution, to any persons, or persons who directly supervise those who contact prospective students while providing services under this Agreement, or entities engaged in any student recruiting or admission activities or in making decisions regarding the awarding of student financial assistance, except that this requirement shall not apply to the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal Student Assistance.

B. Indemnification by Service Provider. Service Provider irrevocably covenants, promises, and agrees to indemnify, defend, and to hold Company, its affiliates, and their respective successors and assigns, and the shareholders, members, directors, officers, employees and agents of any and all of the foregoing ("Company Indemnified Parties") harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands, or liabilities (including without limitation reasonable attorneys' fees) (collectively, "Losses"), arising from or related to claims, demands, allegations, or lawsuits any breach of the Advertising Guidelines or Service Provider Warranties as well as for all other claims arising from or relating to Service Provider's services. Company will have the right to participate in any defense under this Section with counsel it selects, and Service Provider will not agree to any settlement that imposes any obligation or liability on Company without Company's prior written consent.

Contact eLearners

If you have questions, please contact eLearners at privacy@elearners.com. Please include the words, "Affiliate Guidelines" in the subject line of your email.