Publisher Center Rules and Policies

Note: Definitions of capitalized terms used herein but not otherwise defined are defined in the MIVA Publisher Center General Terms and Conditions located at http://www.miva.com/legal_center/publisher-center-general-terms-and-conditions (or successor domain thereto).

You MUST review these MIVA PUBLISHER CENTER RULES AND POLICIES (“RULES AND POLICIES”) carefully. We may amend THESE RULES AND POLICIES from time to time, SUCH AS BY POSTING AN AMENDMENT. Therefore, you should review THESE RULES AND POLICIES REGULARLY.

1. General Rules. In connection with your participation in the MIVA Publisher Center you shall:

(a) Perform the Services and discharge the obligations in this Agreement with reasonable care and skill.

(b) Use the MIVA Publisher Center, Services, and Sites in compliance with all applicable laws, enactments, orders, regulations, and other similar instruments in each jurisdiction in which the Services are supplied and in each country or territory which exercises effective jurisdiction over the use of the Services. You shall not permit the MIVA Publisher Center, Services, or Sites to be used for illegal purposes.

(c) Not post or promote and shall avoid transmission of, by or in connection in any way with the MIVA Publisher Center, Services, or Sites, (i) corrupted files, viruses, worms, Trojan horses, or other code detrimental to the owner or use of any computer system, or (ii) any material of any kind or nature which is, or which may be reasonably considered by MIVA to be obscene, indecent, libellous, illegally pornographic, seditious, offensive, defamatory, threatening, unlawful, harmful, vulgar, liable to incite racial hatred, discriminatory, menacing, blasphemous, in breach of confidence or in respect of which you are not the true and lawful owner of the copyright or trade mark as the case may be or for which you have not obtained all necessary licenses and/or approvals or which is racially, ethnically or otherwise objectionable or encourages conduct that could constitute a criminal offence or give rise to civil liability.

(d) Not inhibit the Prominence (including by means of overwriting Ad Results by means of pop-up windows or other overwriting, iframe, or other such means).

(e) Not display (or pop-up a new window containing) adult-orientated content unless the User has given consent to view such adult-orientated content.

(f) Not interfere with the proper functioning of MIVA’s computer networks or the networks of those to whom MIVA provides Services (or use any device, software or routine which may potentially or actually cause the same), the MIVA website or any transactions being offered at the MIVA website or any other MIVA website, or any third party’s use and enjoyment of the services which MIVA offers, or engage in surveys, contests, chain letters or post or transmit junk mail (whether physical or electronic), "Spam", "chain letters" or other unsolicited mass distribution of email that relates directly or indirectly or is in any way connected to MIVA.

(g) Not use Invalid Technical Measures to achieve Click Throughs, Impressions, or Searches or act directly or indirectly to encourage or require Users, either willingly or unwillingly, to undertake a Click Through and/or to generate Click Throughs or Impressions through any means that could reasonably be interpreted as being coercive, incentivized, misleading, malicious or otherwise invalid.

(h) Not in any way incentivize, pay or mislead Users to perform a Click Through or an Impression, nor shall your own employees or affiliates perform Click Throughs or generate Impressions, unless, in either case, in response to legitimate Searches.

(i) Not commit any act that would or does impose an unreasonable or disproportionately large load on MIVA’s infrastructure.

(j) Implement properly the Ad Results and associated Links on Results Pages in accordance with MIVA’s reasonable instructions.

(k) Maintain and update any details which you have provided to MIVA (which, for the avoidance of doubt include but are not limited to: (i) contact details for you; or (ii) any details relating to you which have been provided by you) about you and your business so that such details remain current, complete and accurate.

(l) Not save or cache any information provided by MIVA in response to a Search.

(m) Not (i) disparage MIVA or use the MIVA Publisher Center, Services or Sites to damage MIVA’s goodwill; (ii) use MIVA’s Marks in any way that implies endorsement by MIVA of products or services; or (iii) post misleading information with regard to Advertisers’ advertisements on any Site or misrepresent your affiliation with a person.

(n) Not modify MIVA’s Marks and shall not, in any jurisdiction, adopt, use, register or apply for registration of any of MIVA’s Marks, or any word or symbol, or any combination confusingly similar to any of MIVA’s Marks.

(o) Not query MIVA on adult-related keywords from non adult-related Sites, nor shall you display adult-related Ad Results on non adult-related Sites.

(p) Not query MIVA on non adult-related keywords from adult-related Sites, nor shall you display non adult-related Search Results on adult-related Sites.

(q) On an ongoing basis dynamically provide to MIVA (in any reasonable manner specified by MIVA during Implementation) the unique User IP address, the User agent, and the referral URL originating a Search.

(r) Not utilize any means which would inhibit MIVA from determining the unique User IP address, User agent, or referral URL originating a Search.

(s) For an XML Implementation, implement Impression Tracking Code on the Sites.

(t) Not solicit any advertiser associated with MIVA.

(u) Obtain MIVA’s prior approval to implement Ad Results.

(v) Comply with all applicable laws, rules, regulations and other legislation relating to Payments received by you from MIVA.

(w) Obtain all necessary approvals, authorizations and consents with respect to the display of Ad Results on any Network Websites, including without limitation, for MIVA’s crawling of such Network Websites, if applicable.

Version: 4 June 2009