Terms & Condition

These Downloadable Application Guidelines (the “Guidelines”) have been updated on December 12, 2013. By continuing to receive payment, accessing and using the networkcpm Platform following such date, you indicate that you have read and agree to the updated Guidelines.

1. General.

The following are the general practices that you must comply with when distributing and offering products, services and/or software (“Products”) via the networkcpm Platform:

1.1 Each Product must fully, accurately, clearly and conspicuously disclose to the End User: (i) the name of the Product and identify you as the entity responsible for it; (ii) all of the features and functionality of the Product; (iii) the terms under which the Product is being provided for use by the End Users; (iv) if and how the Product may affect any other programs installed on the End Users’ computer and/or the settings of the End Users’ computer; (v) if and how the End Users information will be accessed, collected, used and/or shared with third parties; and (vi) how to contact you.

1.2 A Product must not: (i) contain any Content which is violent, pornography, adult or mature, gambling related, excessive profanity or illicit drugs or drug paraphernalia; (ii) present the sale of alcohol, tobacco, prescription drugs, or weapons; or (iii) be a trial offer or free software that fraudulently and/or aggressively requires End Users to pay for upgrades.

1.3 A Product shall not be listed in the following categories: (i) YouTube Scrapers; (ii) Peer2Peer Clients/Servers; (iii) FTP Software; (iv) Download Managers; (v) CD/DVD Ripping/Copying

1.4 All definitions that are not defined herein shall have the meaning set forth in the agreement that you have signed with networkcpm.

2. No Misleading, Deceptive or Harmful Practices.

2.1 Clear Download and Installation Choices.

(a) A Product must not use, or permit a third party to use, an End User's computer for any purpose unless such use is (i) legal, (ii)fully, accurately, clearly and conspicuously disclosed to the End User, and (ii) the End User consents to such use.

(b) You or any Product must not induce an End User to install a software component by intentionally misrepresenting that it is necessary for security or privacy purposes, or in order to open, view or play a particular type of Content.

(c) A Product's download screen must provide a link to its terms of use/end user agreement and privacy policy.

2.2 Prohibited Behavior.

2.2.1 A Product must not:

(a) Engage in any illegal, misleading, deceptive, harmful, harassing, or otherwise annoying practices, or practices that tend to degrade the speed or overall quality of an End User's experience.

(b) Uninstall or intentionally interfere with or modify the operation and/or default settings of the End User’s operating system, browser(s) or other applications in the End User's computer;

(c) Violate, misappropriate, or infringe any third party's intellectual property rights, rights of privacy and publicity, or other proprietary or legal rights or contain, promote, link or advocate any Content that infringes or encourages the infringing of any third party's intellectual property rights, rights of privacy or publicity, or other proprietary or legal rights;

(d) contain, promote, link or advocate pornographic, obscene, sexually explicit material, excessively profane, racist, ethnically offensive, threatening, excessively violent, libelous, hate speech, gambling (including games of skill that offer prizes of cash or other value), or discriminatory Content, malware, illegal drugs or arms trafficking, create a risk to a person's safety or health, compromise applicable national security or interfere with an investigation by any applicable law enforcement officials or be offensive, misleading, deceptive or destructive or may be used to derive information about the networkcpm Platform or affiliates, or any person or entity using the networkcpm Platform;

(e) Promote, advocate or facilitate terrorism, terrorist-related activities or violence;

(f) Intentionally create, facilitate the creation of, or exploit any security vulnerabilities in an End User's computer;

(g) Promote or advocate its download and installation without an accurate, clear disclosure and informed End User consent;

(h) Redirect browser traffic away from valid DNS entries;

(i) Interfere with browser default search functionality or with search pages that may be available with any application that is promoted as part of the networkcpm Platform;

(j) Engage in an activity that violates any applicable law, rule or regulation including, without limitation, collecting personal information from any individuals under the age of 13 in violation of the Children’s Online Privacy Protection Act of 1998 (“COPPA”), or initiate any promotion that violates any applicable law or regulation, or that is not consistent with industry standards;

(k) Prevent or circumvent the security, antispyware or any antivirus software installed on the End User's computer from being activated;

(l) Violate the terms of the Digital Millennium Copyright Act (“DMCA”) or incentivize any person or entity to breach the DMCA;

(m) Violet or breach the CAN-SPAM Act of 2003 (for example by presenting the End User with an offer of a commercial nature without the End User’s explicit and affirmative consented to be included in an unsolicited commercial messaging database or distribution list).

(n) Be a program which compensates End Users for clicking on ads or offers or provides any other incentives or benefits for downloading or installing it such as for performing searches, visiting websites or reading emails;

(o) Constitute Fraudulent Activity (as defined below).

2.2.2 You must not engage in, and must not allow or encourage any other person or entity (including, without limitation and as applicable, End Users) to engage in Fraudulent Activity in connection with any Product or the networkcpm Platform.

For purposes hereof, the term "Fraudulent Activity" means any of the following activities: (a) fictitious installations of a Product; (b) installing or uninstalling a Product or any program or software on an End User’s computer, without the End User’s prior consent; (c) hacking any ISV Content or the networkcpm Platform or any part thereof, or using a Product or the networkcpm Platform in order to hack into public or private infrastructure or equipment; and/or (d) using in connection with a Product or the networkcpm Platform any material or Content that contains any viruse, worms, trojan horses, or any other computer code, files or programs designed to interrupt,hijack, malware, spyware, spamware, destroy, limit or adversely affect the functionality of any computer software, hardware, network or telecommunications equipment.

2.3 Transparency

Neither you nor any person or entity on your behalf shall mislead End Users or create End Users confusion or misunderstanding with respect to the source, owner, purpose,functionality or features of a Product. Furthermore, in every web page promoting a Product or which a Product is made available on for download, and in addition in the menu of an End User’s operating system, you shall clearly, conspicuously, accurately and consistently identify yourself (by your corporate name) as the source of such Product, and shall provide readable and accessible terms of use/end user agreement and privacy policy that accurately and clearly describes your practices.

3. Minors.

A Product must not be targeted to minors unless it is in full compliance with COPPA.

4. Changes to an End User's Settings.

4.1 Restriction. A Product may not (a) make changes to the operating system or to other applications or data settings of an End User's computer("User Settings"); (b) modify the operation or display of other applications or websites (other than websites that you own; provided that the End User has received due notification of it as part of your terms of use/end user agreement) on an End User's computer; (c) download or install another feature, functionality or downloadable application or hide, disable, uninstall or otherwise interfere with other applications, browser functionality, or other websites without the End User’s prior informed and express consent; or (d) impair an End User’s ability to change any preferences or settings set by a Product.

4.2 Accepted Changes to User Settings. Notwithstanding Section 4.1(a) above, a Product may make changes to User Settings, if (a) the End User could reasonably expect such changes to be made in connection with his/her use of a Product, (b) you fully, accurately, clearly and conspicuously discloses the changes and the effect of such changes to the End User, and (c) the End User consents to such changes prior to them being made. 4.2 Without derogating from the aforesaid, Product which use programs or components intended to protect an End User's system or browser settings and/or preferences, must clearly disclose such use to an End User and in no case harm the End User’s system

4.3 Minor Changes to User Settings. Notwithstanding Section 4.2 above, a Product may add an item to the End User’s start menu and/or add a small number of bookmarks (not more than five) to the browser menu on an End User's computer, if the End User could reasonably expect such changes to be made in connection with his/her use of a Product.

5. EULA and Privacy Policy.

5.1 Product Terms and License.Each Product must comply with all applicable laws, rules and regulations and must be distributed with terms of use or an end user license agreement ("EULA") that comply with all applicable laws, rules and regulations, and must accurately describe each Product to which it pertains. You and all Products must comply with your applicable EULA. Your EULA must be readily and easily accessible during a Product download and installation process, as well as be available via a link from each Product.

5.2 End User Information. Each Product must be distributed with a privacy policy that: (a) accurately, clearly and conspicuously discloses if and how End User’s information is being accessed, collected, used and/or shared with third parties (“Privacy Policy”), and (b) complies with all applicable laws, rules and regulations. You and each Product must comply with your applicable Privacy Policy. Your Privacy Policy must be readily and easily accessible during a Product download and installation process, as well as be available via a link from each Product.

5.3 Accepting the EULA and Privacy Policy. Your EULA and Privacy Policy will be presented on a Product download and installation offer screens, to allow the user to have the opportunity to review your EULA and Privacy Policy prior to the first time in which: (i) the End User is using a Product, and (ii) his/her information is being accessed, collected, used or transmitted. You must (a) fully, accurately, clearly and conspicuously disclose the terms according to which a Product is offered to the user and the type of his/her information that will be accessed, collected, used and/or shared (specificity if personally identifiable information will be collected and/or used), and the method of access, collection (e.g. by registration, etc.), use and/or disclosure of the End User information, and (b) obtain the user's prior consent to the terms of your EULA and Privacy Policy.

5.4 You’re EULA and the Privacy Policy may not include any terms that contradict the networkcpm Platform Terms. For example, you must not grant the End User any rights in or to the networkcpm Platform that are not granted in the networkcpm Terms or any other networkcpm terms or policies that address user’s use of the networkcpm Platform and any services available therein or in connection thereto.

6. Deactivation and Uninstallation.

Each Product must provide End Users with the ability to completely and irrevocable uninstall it by a simple and single action (e.g. a click on a button) accessible form each Product and the operating system installed on the End User’s computer (e.g. Add/Remove Programs in Windows). You may include one prompt notification following a single uninstall action taken by an End User (with wording such as "Are you sure you want to uninstall this application?"). You must not offer any software and/or product(s) when an End User completes a Product’s uninstallation process. Once an End User has uninstalled a Product, that Product must be removed from the End User’s computer, including without limitations, any and all processes, functionality or design elements related to that Product (i.e., no remains of a Product will be left on the End User’s computer).

7. Traffic generation (if applicable).

Neither you norany other person or entity on your behalf, will generate and/or try to gain traffic and/or installations to Products by using: (a) Fraudulent Activity or any of the practices included in Section 2.2 above (Prohibited Behavior); (b) misleading investment, money-making opportunities or advice not permitted under law; (c) software pirating; (d) hacking or phreaking; (e) spoofing, redirecting traffic from adult-related or gambling-related websites; or (f) any misleading practices such as (without limitation), a fake "watch this video" graphic, a fake missing codec; a fake service etc..

8. Payments.

Shall remit payment to publisher net 30 days from invoice receipt. No Payments can be issued without an Invoice or payment request form. Minimum monthly payment $50.