Acceptable Use Policy

This Acceptable Use Policy (Policy) describes prohibited uses of the services, products and systems (Services) offered by Epsilon. You should read the Policy carefully. If you do not agree to the Policy, you may not use the Services. Epsilon may modify this Policy from time to time as the Services change, as applicable law changes, or for any other reason. All modifications to this Policy are effective immediately when posted. If you do not agree to this Policy as modified, you may not continue to use the Services.
If you breach this Policy or authorise or help others to do so, Epsilon may disable your use of the Services in accordance with the terms of the Customer Agreement or the Advertiser Agreement (as applicable)

Unacceptable Usage

You may not use the Services to: (a) violate the security or integrity of any network, computer or communications system, software application or network or computing device (each, a System); (b) to engage in, foster, or promote illegal, abusive, or irresponsible behaviour; or (c) generate automated, fraudulent or otherwise invalid impressions, inquiries, clicks or conversions. Prohibited activities include (without limitation):
• using any automated means or form of scraping or data extraction to access, query or otherwise collect Epsilon advertising related information from any websites and mobile applications accessed through the Services (Site) except as expressly permitted by Epsilon;
• using spam, invalid queries, invalid impressions or invalid clicks on advertisements, links and other content (Ads);
• generating invalid impressions or invalid clicks on Ads by any person, bot, automated program or similar device, including through any clicks or impressions originating from your own IP addresses or computers under your control;
• soliciting clicks or generating impressions by payment of money, false representation or requests for end users to click on Ads or take other actions;
• any other activity that results in the generation of false impressions, inquiries, clicks or conversions;
• using an internet account or computer without the owner’s authorisation;
• collecting or using email addresses, screen names, other identifiers, or personal information without the consent of the person identified (including phishing, Internet scamming, password robbery, and harvesting);
• accessing or using any System or Site without permission, including attempting to probe, scan, or test the vulnerability of a System or Site or to breach any security or authentication measures used by a System or Site;
• distributing, publishing, sending, or facilitating unsolicited mass e-mailings, promotions, advertising, or solicitations in breach of any applicable anti-spam law;
• distributing of software that attempts to cause damage, harassment, or annoyance to persons, data, Systems or Sites, this includes the distribution of viruses, Trojan horses, worms, time bombs, or denial of service attacks; and
• any activities, whether lawful or unlawful, that Epsilon determines to be harmful to its Customers, Advertisers, users, resellers, partners, operations, reputation, goodwill or reputation

Illegal, Harmful, or Offensive Content

You may not use, or encourage, promote, facilitate or instruct others to use, the Services for any illegal, harmful, or offensive use, or to transmit, distribute or otherwise make available content that is illegal, harmful, or offensive. Prohibited activities or content include (without limitation):
• content that contains, or contains links to, nudity, pornography, adult content, sex, extreme violence, profane language or that advocates illegal acts, violence or discrimination towards other people;
• content that is misleading or deceptive, unfair or unconscionable under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
• content that is defamatory, harassing, abusive, or threatening or violates a person’s privacy;
• content that creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security or interferes with an investigation by law enforcement;
• improperly exposing trade secrets or other confidential or proprietary information of another person;
• activities or content that is intended to assist others in defeating technical copyright protections; infringes on another person’s copyright, trade or service mark, patent or other intellectual property or proprietary right;
• activities or content that promote illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
• activities or content that is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Epsilon; or
• activities or content that are otherwise malicious, fraudulent or may result in liability to Epsilon.

Copyrighted Material

You may not use the Services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image or other work protected by copyright law unless: (a) you have been expressly authorised by the owner of the copyright for the work to copy the work in that manner; or (b) you are otherwise permitted by established copyright law to copy the work in that manner.

Compliance with Other Terms of Service

You must comply with the terms of service, terms of use, and similar policies and rules of any other website or network you access or participate in using the Services.

Retailer Pricing Autonomy

The Retailer retains sole discretion to determine the commercial pricing of its onsite inventory, rate cards and packaging of fixed tenancy campaigns made available to Brand Partners and Suppliers. A fixed tenancy campaign is one where the Retailer and a Brand Partner agree a fixed fee for the duration of the campaign (“Fixed Tenancy”). Nothing in this Policy requires the Retailer to adopt any minimum pricing, floor rates or prescribed pricing structure.

Fixed Tenancy campaigns created or administered via the Epsilon Platform must be configured and used in good faith and in a manner consistent with the underlying commercial arrangements applicable to the relevant inventory. Parties using the Epsilon Platform shall not structure, configure or administer Fixed Tenancy campaigns in a manner that has the purpose or effect of artificially reducing, suppressing or circumventing revenue share amounts otherwise payable to Epsilon.

Except in the case of House Ads, parties using the Epsilon Platform shall not configure Fixed Tenancy campaigns with nominal or de minimis budgets that are materially disproportionate to the Fixed Tenancy placement, duration or exposure being delivered, where such configuration results in a misalignment between the nature of the inventory and the revenue recorded for revenue share purposes.
House advertising, meaning advertising used solely to promote the Retailer’s own owned or affiliated products and services (“House Ads”).
House Ads must not be bundled with, conditional upon, offset against, or used to support any paid media, supplier funding, joint business plan activity, volume commitment, commercial partnership, or other monetised retail media arrangement.
Epsilon may reasonably request evidence necessary to confirm whether Fixed Tenancy inventory is being utilised correctly. Evidence may include (without limitation) rate cards, campaign classifications, internal approvals, insertion orders, Brand Partner agreements or other relevant documentation, and the parties shall cooperate in good faith to provide such information.