Code of conduct
This Code of Conduct forms an integral part of the Agreement between Nova Network and the ‘Client” (meaning either the Affiliate or the Advertiser with whom Nova Network has a contractual relationship). Nova Network reserves the right to unilaterally amend this Code of Conduct from time to time in order to ensure compliance with applicable laws and regulations. Therefore, it’s recommended that the Client consults the Code of Conduct on a regular basis in order to be aware of potential changes or updates.
All capitalized terms used in this Code of Conduct and not otherwise defined shall have the same meaning as given to them in Nova Network ‘s Terms and Conditions.
By signing up, registering or otherwise enrolling as a Client with Nova Network, the Client declares to agree with and accept the applicability of this Code of Conduct.
- The Client shall at all times comply with all laws, rules and regulations that are applicable to the Services, the (content of each) Campaign, Ads and/or other activities, including but not limited to those pertaining to (direct) marketing, privacy and data protection, social media, consumer protection and commercial advertising.
- The Client shall furthermore comply with any applicable industry best practices, code of ethics and/or guidelines set forth by relevant authorities, such as consumer and market authorities (including, but not limited to the Dutch ‘Autoriteit Consument en Markt (ACM) ’, the US Federal Trade Commission (FTC) or any similar authority in all relevant or applicable jurisdictions).
- The Client shall at all times refrain from any illegal, unlawful or inappropriate acts (such as, but not limited to: criminal acts (e.g. discrimination, racism, defamation, abuse, phishing, fraud, SPAM etc.), tortuous acts, copyright infringement, trade mark infringement or infringement of any other intellectual property rights, privacy infringement, the use of malware or spyware etc.);
Commercial advertising and unfair commercial practices
- The Affiliate guarantees that any consumer- or customer reviews, testimonials and/or endorsements are clear and honest and shall comply with consumer protection law and commercial advertising regulations and guidelines.
- This implies that the Affiliate shall in any event refrain from:
- generating and/or publishing self-created (fake) reviews or endorsements;
- generating and/or publishing reviews or endorsements from parties with whom Affiliate has a material connection;
- requesting persons or parties to provide a review or an endorsement in return for compensation or discount;
- removing negative reviews without giving notice of such removal;
- not identifying sponsored reviews as such;
- making any misrepresentations or publish misleading information;
- The Client shall respond to any consumer complaints – thereby including ‘notice and takedown’ and/or complaint requests – within twenty-four (24) hours of notification thereof. The Client shall comply with reasonable requests from Nova Network, following a ‘notice and takedown’ request (for alleged unlawful or inappropriate content) from a third party regarding Campaigns and/or Ads placed by that Client.
Respect and fair dealing
- Each Affiliate shall respect the rights of Nova Network, Advertisers and/or other Affiliates and act fairly. The Affiliate shall not take unfair advantage of Nova Network, Advertisers or any other party or person through manipulation, concealment, unfair abuse of privileged information, misrepresentation of facts, unfair business practices or any other illegal trade practice.
- Each Advertiser shall respect the rights of Nova Network, Affiliates and/or other third parties and act fairly. The Advertiser shall not take unfair advantage of Nova Network, Affiliates or any other party or person through manipulation, concealment, unfair abuse of privileged information, misrepresentation of facts, unfair business practices or any other illegal trade practice.
- The Client shall not circumvent or adapt any (information) security measures or (affiliate) tracking systems nor attempt to automate or falsify activity through the Conversion Statistics (for Advertisers) respectively Nova Network Statistics (for Affiliates);
- A Client shall never create the impression that the website of the Affiliate or its services are provided or endorsed directly by Nova Network.
- Furthermore, the Client shall not make or post any negative comments, statements or content about Nova Network on public message boards, chat rooms, social network sites and/or job sites (including but not limited to MySpace.com, Facebook.com, Tagged.com, Craigslist.org, etc.).
Privacy and information security
- Nova Network requires each Client to comply with applicable data protection law, rules and regulations within all relevant jurisdictions.
- Each Client is solely responsible and liable for the development, operation and maintenance of its own website(s) and database(s) and for any and all content that may appear on its own website(s).
- Both Affiliate and Advertiser shall ensure that all its activities comply with relevant legal rules and regulations regarding the use and distribution of direct marketing and commercial messages (such as, but not limited to the General Data Protection Regulation (GDPR), the CAN SPAM Act 2003 and European Directive 2002/58 (implemented in the Netherlands in the Dutch Telecommunications Act), and shall ensure that at least the following conditions are met:
- prior consent (opt-in) to receive commercial email messages from the Affiliate, or Advertiser (as the case may be), has been obtained and documented;
- no rented, leased or third party email lists may be used, unless the data subjects in such lists have provided specific, informed and unambiguous consent to the transfer to and use by other commercial third parties;
- the Client may not advertise, or send emails in any way that conceal or misrepresent its identity and/or return e-mail address;
- in the event suppression (opt-out) lists are available, the Client will verify and remove any names thereon prior to sending any emails, mailing lists.
Breach of this Code of Conduct
- In case of a(n alleged) breach of this Code of Conduct, the Client shall comply with all investigations and requests from or on behalf of Nova Network and the relevant Client shall provide all information and cooperation necessary in connection with such investigation or inquiry to Nova Network.
- Each Client acknowledges that in the event that the Client has breached this Code of Conduct, its (trade)name and website address may in certain circumstances (for example, in the event of indisputable breach) be disclosed by Nova Network to a third party.
- Each Client acknowledges and agrees that a breach of this Code of Conduct may result in the complete termination of the Agreement, or (temporary) suspension of the Services, and/or the obligation to reimburse any compensations obtained by means that were or are in breach of this Code of Conduct.
Amsterdam, February 2020