9.1.
You are free to promote your websites, but naturally, any advertising that mentions DreamFoamBedding.com could be perceived by the public or the press as a joint effort. You should know that DreamFoamBedding.com always prohibits certain forms of advertising. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. Also, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote DreamFoamBedding.com so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote DreamFoamBedding.com so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from DreamFoamBedding.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the DreamFoamBedding.com Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
9.2. You are prohibited from bidding on keywords in any Pay-Per-Click (PPC) campaign that includes keywords such as DreamFoamBedding.com, Dream Foam Bedding, www.DreamFoamBedding, www.DreamFoamBedding.com, and/or any misspellings or similar alterations of these. Such activity shall be considered trademark violation you will be banned from Merchant’s Affiliate Program. We will do everything possible to contact you before the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
9.3. Affiliate shall not transmit any so-called “interstitials,” “ParasitewareTM,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers. As used herein a. “ParasitewareTM” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Merchant site in IFrames, hidden links and automatic pop ups that open DreamFoamBedding.com’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.