Code of conduct

Affiliate Code of Conduct Smart Global Media B.V. (“Smart Global Media”)

1. Affiliates of Smart Global Media (“Affiliates” and an “Affiliate”) must unconditionally comply with this code of conduct of Smart Global Media (this “Code of Conduct”). This Code of Conduct forms an integral part of the General Terms and Conditions of Smart Global Media and may be amended, supplemented or revised by Smart Global Media.
   
   
2. The Affiliate acknowledges and agrees that a violation of this Code of Conduct may result in termination from the program, the forfeiture of any affiliate commissions and the requirement to return any affiliate commissions obtained by means that are in breach of this code of conduct. In case of a violation of this Code of Conduct, the Affiliate indemnifies and holds Smart Global Media harmless for any and all costs and damages Smart Global Media may incur as a result of such violation. 
   
   
3. Smart Global Media is not responsible for content on third party websites and does not accept any liability for content on third party websites. Each Affiliate is and remains responsible and liable for its actions and Smart Global Media assumes no responsibility or liability in that respect.
4. Each Affiliate: 
   
   a. must comply with all Dutch and international laws, rules, regulations and all guidelines set forth by relevant authorities that are applicable to their activities, including but not limited to those pertaining to marketing, privacy, social media, consumer protection and advertising;
   
   b. must comply with all compliance rules and other rules and regulations of partners and contract parties of Smart Global Media (such as, but not limited to, hosting parties) of which the Affiliate has been notified by Smart Global Media;
   
   c. must comply with relevant Dutch and international legal rules and regulations regarding spam (such as, but not limited to EC Directive 2002/58 and the Dutch Telecommunications Act);
   
   d. shall maintain a privacy policy that complies with all applicable privacy laws, rules and regulations in each relevant jurisdiction;
   
   e. must comply with all applicable industry best practices and guidelines;
   
   f. shall refrain from any illegal, unlawful or inappropriate acts (such as, but not limited to: criminal acts, tortuous acts, copywrite infringement, trade mark infringement or infringement of any other IP rights, privacy infringement, the use of malware or spyware etc.);
   
   g. refrain from using personal information about someone (including his/her name), unless the Affiliate has the prior written approval from the relevant person;  
   
   h. shall observe and comply with the terms, conditions, guidelines and policies of all third party services they use, including but not limited to social media services, search engine marketing systems and other third party services;
   
   i. shall comply with all reasonable instructions, guidelines and requests from Smart Global Media.  
   
   
5. In case an Affiliate makes use of automated systems or software for its activities, that Affiliate shall make sure that the use thereof shall not lead to a breach of this Code of Conduct. The relevant Affiliate is responsible and liable for any actions so taken.
   
   
6. Solely the Affiliate is responsible and liable for the development, operation and maintenance of its website(s) and database(s) and for any and all content that may appear on its website(s).  
   
   
7. In case of an alleged breach of this Code of Conduct by an Affiliate, that Affiliate shall comply with all investigations and requests from or on behalf of Smart Global Media and the relevant Affiliate shall provide all information necessary in connection with such investigation or inquiry to Smart Global Media.
   
   
8. The Affiliate acknowledges that if it has breached this Code of Conduct, its name and address may in certain circumstances be disclosed by Smart Global Media.  
   
   
9. The Affiliate acknowledges and agrees that by clicking on the button labelled “I Agree” (or similar links as may be designated by Smart Global Media), that the Affiliate agrees to the relevant agreement(s), terms and conditions or further code(s) and/or procedure(s) and that by doing so that Affiliate is submitting a legally binding electronic signature and is entering into a legally binding contract.

 
Published on 29-01-2019, Amsterdam, the Netherlands