This page is intended to provide a binding overview for 2MANYAPPS’ affiliate and marketing partners worldwide and it describes which kinds of advertisement are not considered legal and must therefore not be applied to advertise mobile payment and value added services (VAS)
:: APPLICATION OF CRIMINAL LAW ::
Providing deceptive ad banners for a paid for service may be regarded as a criminal offence according to the criminal law of all countries. In particular, 2MANYAPPS SRL will regard and treat as CRIMINAL OFFENCE all of the following practices:
– GENERAL PROVISIONS
Whosoever (subjective facts) willingly (means to know and to want the objective facts below) and with the intent (means aiming at) of obtaining for himself (the affiliate Network) or a third person (the advertiser) an unlawful material benefit (the affiliate Network´s provision paid by Advertiser is without legal cause if sale was generated unlawfully) damages the property of another (both: the advertiser´s property, since he pays provision for a sale that was generated unlawfully, the end customer´s property who pays something based on wrong promises) by causing or maintaining an error by (an error is caused by evoking any contradictory impression between truth and imagination) pretending false facts or by distorting or suppressing true facts (means manipulating the imagination of a human by causing, strengthening or confirming an error, also doable through omission to inform about things that had to be said (e.g. that something costs money) (the loss of property must be caused by the error) shall be liable to imprisonment not exceeding five years and/or a fine.
SO FINALLY ANY BANNER OR AD PAGE THAT PROMISES SOMETHING WHICH WILL NOT BE RENDERED AFTER THE ADVERTISED SALE HAS BEEN MADE DAMAGES THE PROPERTY OF THE ADVERTISER AND THE END CUSTOMER. THIS ALSO INCLUDES CASES WHERE THE RELEVANT PRICING OR PRODUCT INFORMATION IS FULLY HIDDEN (E.G. IFRAME-MASKING)
– AS RELATED TO ONLINE FRAUD
It is also a criminal offence to design computer programs as well as websites in a way that a transaction is being executed without the free will of the owner of an account or a phone contract;
Whosoever with the intent of obtaining for himself or a third person an unlawful material benefit damages the property of another by influencing the result of a data processing operation through incorrect configuration of a program, use of incorrect or incomplete data, unauthorized use of data or other unauthorized influence on the course of the processing shall be liable to imprisonment not exceeding five years or a fine.
– IN TERMS OF UNFAIR COMPETITION
EU wide the same law applies: Article 6 (Unfair Commercial Practices Directive) on Misleading actions.
A commercial practice shall be regarded as misleading if it contains false information and is therefore untruthful or in any way, including overall presentation, deceives or is likely to deceive the average consumer, even if the information is factually correct, in relation to one or more of the following elements, and in either case causes or is likely to cause him to take a transactional decision that he would not have taken otherwise. Misleading advertising can be done by positive action or by omission
The following cases are regarded as being misleading in particular if not or not correctly provided:
SO FINALLY ADS THAT IMPLY THAT THE CUSTOMER MIGHT GET SOMETHING DIFFERENT OR THAT BUYING A SUBSCRIPTION WOULD BE THE PREREQUISITE FOR ANOTHER BENEFIT (E.G. CONTENT LOCKING) WILL BESIDES OF BEING FRAUDULENT ALSO BE REGARDED AS MISLEADING
Also certain aggressive commercial practices are prohibited such as:
SUCH RULES REGULATIONS ARE EXISTING IN ALL OTHER PARTS OF THE WORLD OUTSIDE THE EU AS WELL
:: PROHIBITED MARKETING PRACTICES ::
In particular, (but not only) the regulatory Telecom and/or Consumer Protection Authorities as well as the Mobile Carriers have set up rules regarding deceptive advertising practices, sometimes even going beyond the legal requirements.
These rules include the unlawfulness of (all are examples and not limited to these):
– GENERAL MISLEADING PRACTICES
– UNTRUE WARNINGS OR PRESSURE
– TRAFFIC BUSTERS
– TECHNICAL FRAUD
– ILLEGAL AD CONTEXT
– BRAND HIGHJACKING / BRAND BIDDING
The Publisher warrants that it performs regular reputational checks of any sub-partner that he contracts with and only uses sub-partners that are well known to the Publisher.
The publisher shall use traffic monitoring tools in order to understand how sub-partners generate their traffic. The Publisher shall closely monitor the sub-partner´s traffic for irregularities as well as he shall have sophisticated tracking technology and fraud detecting systems and shall immediately report any issues found to 2MANYAPPS.
The publisher guarantees that he made himself and his sub-publisher aware of the applicable regulatory and legislative landscape on an international level.
If required by the law or regulation (such as currently in AUS) the publisher shall ensure that all creatives contain full and understandably legible product and pricing information as provided by 2MANYAPPS
For each culpable breach of the above listed campaign restrictions, Publisher agrees to pay to 2MANYAPPS a penalty of one thousand euros, regardless if the breach was committed by Publisher or by a Third Party sub-publisher.
2MANYAPPS reserves the right to claim higher damages, however, in such case, the penalty amount will be offset.
In addition to any rights or remedies available to us we may terminate the Agreement withhold (and you agree you are not eligible for) any fees and charges payable to you under the Agreement, if we determine that you or other persons that we determine are affiliated with you or acting in concert with you: