Prohibited Activity and Improper Conduct Policy

Last updated: October 28, 2024

Pursuant to the Terms of Service to which this Prohibited Activity and improper conduct policy undertaking are subject, You Acknowledge and agree that during the referral activity with the Company, You will act in good faith, and You will not engage in any prohibited activity and/or commit any improper conduct. 

1. Prohibited Activity

For the purpose of this Policy, “Prohibited Activity” shall include without limitation, the following:

An actual or attempted act by You, which is reasonably deemed by us, at our sole discretion, to be: 

1. in breach of any Applicable Law, including without limitation, privacy and consumer laws; 
2. made in bad faith; or 
3. intended to defraud us or the accessiBe Services and/or circumvent any contractual or legal restrictions, regardless of whether such act or attempted act actually causes us or the accessiBe Services any damage or harm. 

Prohibited Activity shall also include, without limitation: 

1. colluion; 
2. abuse of promotions; 
3. abuse of the “cost per acquisition” commission structure (if applicable); 
4. violation of money-laundering laws and regulations; 
5. Spamming means any unsolicited email or other electronic or non-electronic communication You send that markets, promotes, or that otherwise refers to us or the accessiBe Services from time to time, including any repeated communications or transmissions of unwanted Content or to unresponsive recipients or any other communications or transmissions of an abusive or fraudulent or malicious in nature; 
6. false, misleading, or unauthorised advertising or representations; 
7. use of stolen credit cards; 
8. any incentive activity; 
9. unauthorized use of any third party or our Intellectual Property Rights; 
10. creation of false accounts by You or Customers; 
11. any manipulation of the accessiBe Services; 
12. phishing; 
13. use, endorsement, and/or promotion of Content which is, promotes or advocates pornographic, obscene, excessively profane, racist, ethnically offensive, threatening, infringing, excessively violent, libelous, gambling-related, or discriminatory activity, promotes illegal drugs or arms trafficking, violates export control laws, creates a risk to a person’s safety or health, compromises national security or interferes with an investigation by law enforcement officials, or is offensive, misleading or deceptive material, or is any type of malware or spyware together with the accessiBe Services; 
14. using the accessiBe Services to offer, distribute or promote any product or service that is competing with the accessiBe Services; 
15. Fraudulent Activity, including any of the following activities: 
    
    • sending fictitious Users to the accessiBe Services; 
    • engaging in any automated, fraudulent and/or incentivizing clicks on: ads, sponsored links, or initiating clicks for purposes other than sending Users to the accessiBe Services in good faith; 
    • initiating or using a promotion in connection with the accessiBe Services which violates any Applicable Law, or which is not consistent with industry standards and good practices; 
    • hacking the accessiBe Services or any part thereof; 
    • using, in connection with the accessiBe Services, any material that contains viruses (as defined below) or any other computer code, files or programs designed to interrupt, hijack, destroy or limit the functionality of any computer software, hardware, network or telecommunications equipment; and/or 
    • engaging in threatening activities or manipulations in order to incentive Users to purchase a license to the accessiBe Services;

2. Improper Conduct

For the purpose of this Agreement, “Improper Conduct” shall include without limitation, the following:

1. register any domain name or mobile app or any other medium with public presence with a name, logo or appearance that includes any of the Group’s trademarks or trade or other brand name operated by us or is, in our sole discretion, determined to infringe our Intellectual Property Rights or be confusingly similar to ours trademarks, brands or logos;
2. purchase or register keywords, search terms or other identifiers for use in any search engine, portal, social network, sponsored advertising service or other search or referral service which are identical or similar to any of the Group’s trademarks or trade or other brand names from time to time including;
3. include metatag keywords; or
4. except as expressly permitted in this Agreement, otherwise use marks, terms or images that are identical or similar to any of our trademarks or trade or other brand names operated by us or a member of the Group from time to time.
5. directly or indirectly offer any person or entity any consideration or incentive for using the Links to access the accessiBe Services;
6. read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person;
7. in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the accessiBe Services;
8. engage in transactions of any kind on the accessiBe Services on behalf of any third party;
9. take any action that could reasonably cause any User or Customer confusion as to our relationship with You, or as to the accessiBe Services on which any functions or transactions are occurring;
10. other than providing the Links in accordance with this Agreement, post or serve any advertisements or promotional content promoting the accessiBe Services;
11. post or serve any advertisements or promotional content promoting the accessiBe Services otherwise around or in conjunction with the display of the accessiBe Services including, but not limited to, any pop-up windows or pop-under windows or “framing” technique or technology;
12. attempt to artificially increase monies payable to You by us;
    cause the accessiBe Services (or any page thereof) to open in a User’s browser other than as a result of the User clicking on a Link;
    attempt to intercept or redirect (including, without limitation, via user-installed software) traffic from or on the accessiBe Services;
13. use the Links and/or any Content (including banners, campaigns and promotional material) alongside, in conjunction or in connection with, any inappropriate content (including, without limitation, defamatory or libelous content, lewd, pornographic, obscene or explicit content, violent content, pirated content, content that infringes any Intellectual Property Rights, or content which could incite religious hatred or prejudice or that otherwise includes content promoting discrimination based on race, sex, religion, nationality or disability). 
14. and on peer to peer file sharing platforms or bit torrents. You shall immediately remove or procure the removal of any graphics, banner advertisements, the Links or Content there are related to accessiBe Services or the Group following notification from us;
15. purchase or register keywords, search terms, or other identifiers for use in any search engine, portal, social network, sponsored advertising service or other search or referral service which are aimed at self-excluded or vulnerable persons;
16. directly or indirectly engage in benefit from any act or traffic that involves any Prohibited Activity;
17. directly or indirectly post, serve, distribute or redirect any advertisements or promotional content promoting or otherwise advertising or marketing the accessiBe’s services (including, without limitation, banners, campaigns and promotional material) to any person or entity located in Prohibited territories under any applicable law; 
18. engage any third-party promoter without our written agreement; or

If we determine, in our sole discretion, that You have engaged in any of the activities set out in this policy, we may (without limiting any other rights or remedies available to us) void or withhold any reward gained through such breach or terminate this Referral Program.