Ebay T&C's - adware
Ebay have just sent out new t&c's, most of it detailing about adware (I have only pasted the adware section below).
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(5) Terms Governing Downloadable Software. You will be paid for
Commission-Earning Activity derived from downloadable software (DLS) only
if the DLS complies with all of these Terms and Conditions and the PSA.
a. Legal Compliance. The operation of the DLS complies with all
applicable laws in all relevant jurisdictions and does not deceive
consumers about its nature, purpose, or operation.
b. Informed Consent. The DLS is not installed or executed on the
computer of any user until that user has given explicit consent to its
installation or execution. "Explicit consent" means:
i. The user has received a clear, brief, and conspicuous notice,
in plain language and separate from any user agreement or terms , that
the DLS will collect information about web usage (and, if applicable,
personally identifiable information), and will use that information to
display advertising on the user's computer (including, if possible, a
description of the frequency of such advertising);
ii. The user has been provided with, or has been provided an
opportunity to access, a more detailed description of the type(s) of
information collected and the purpose(s) for which it will be used;
iii. If the DLS is bundled with other software, the user has been
provided with specific identification of the advertising-serving
program(s) ("Adware") in the bundle; and
iv. After receiving the notice specified in (i) (and after being
provided, or provided an opportunity to access, the information specified
in (ii) and (iii)), the user affirmatively chooses to have the DLS
installed or executed on his or her computer.
c. Easy Removal. A user must be able to completely uninstall the
DLS through a means that the user can readily identify and perform
without undue effort or specialized knowledge (preferred alternatives
include providing easy access to an uninstall process from the content or
framing of the DLS or a readily recognizable icon or listing the DLS in
the add/remove feature in the Windows operating system). Uninstall
processes must not be deceptive, complicated or confusing (such as listing
DLS under multiple, confusing or deceptive names, requiring users to
re-boot unnecessarily, using confusing language in pop-up challenges, or
requiring more clicks than necessary to complete the un-install
process). Each DLS-affiliated feature must contain the name of the DLS in the
uninstall user interface.
d. Full Disclosure. All ads generated on the user's screen by the
DLS identify the DLS as the source of the ad, using the same name as
provided most prominently at the time the DLS was downloaded.
e. No Persistent Ads. Users must be able to close (without ending
their browser sessions) any DLS-generated pop-ups, pop-unders, or other
advertisements that cover otherwise viewable content.
f. Value to User. Either the DLS or an application bundled with
the DLS must have meaningful value to the user that outweighs any burden
imposed. For example, DLS that is combined with a comparison-shopping
engine would meet this requirement.
g. Limited Number of Ads. The DLS will not serve an unreasonable
number of pop-up or pop-under advertisements per day or per web
browsing session.
h. Not Aimed at Children. The DLS is not specifically or
primarily marketed to children under the age of 18 or downloadable from
websites or services primarily oriented toward children.
i. Prohibited Operations. Neither the DLS, nor any other software
bundled with or distributed with the DLS, performs any of the following
functions unless explicitly instructed to do so by the user:
i. sending unsolicited information or material to another
computer;
ii. diverting the user to another site not requested by the user;
iii. initiating or terminating a user's connection to the Internet;
iv. modifying the user's settings with respect to browser home
page, Internet connections (including default access provider), bookmarks,
or security levels;
v. keystroke logging;
vi. automatic re-installing or re-activating itself or another
application after being uninstalled or removed by the user; or
vii. removing or disabling security, pop-up-blocking, anti-virus,
anti-Adware, or anti-spyware programs on the user's computer. For these
purposes, spyware is defined as software that surreptitiously gathers a
user's personally identifiable information.
j. Other Terms. You will provide CJ with an accurate and thorough
description of the DLS on which any of Your ads appear. You will also
notify CJ in writing or by email such that CJ receives your notice at
least 10 days before there is any material change to the operation of the
DLS. Except for any perpetual eBay search box or any toolbar that has
a perpetual link to eBay, the DLS will not display an ad (including any
pop-ups, pop-unders or tool bars) that contains eBay affiliate links
while an eBay page is open on a user's computer.
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Cheers
Wardy
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Linear Mode
