App Publishers (“Publisher(s)”) that choose to participate in Smarter Apps’s monetization services program are required to accept and be bound by the terms laid down in the written agreement (“Agreement”) that has been signed and executed between the Publisher and Smarter Apps. Notwithstanding the foregoing, the Publisher also agrees to be bound by the terms of the following Monetization Program Requirements (“Program Requirements”) provided herein under. The Publisher understands and agrees that it is their responsibility to regularly check this page for updates to the Program Requirements. Smarter Apps reserves the right to change or update the policies laid down on this page with no prior notification to the Publisher. In the event that the Publisher is found to be in violation of the Program Requirements, Smarter Apps retains the exclusive right to issue a warning or terminate the Publisher, without prior notice. 
 

1. The Publisher shall ensure that: 
   1. The End Users are guided to install the Approved Product(s) as depicted in the mockups in Exhibit A and only through implementations authorized by Smarter Apps;
   2. Any actions or activities carried out by the End Users in relation to Monetization Activities on the Permitted Product(s) must comply with applicable requirements;
   3. Any and all software that is given by the Publisher must be designed to have a simple uninstall process and must be easily uninstallable by End Users;
   4. Distribution Channel(s) cannot include or rely on worms, Trojan horses, viruses or any other harmful elements (such as spyware or adware), nor contain content unsuitable for general or family audiences (including content promoting violence, hatred, anything illegal or anything unlawful in any jurisdiction);
   5. No actions shall be taken to alter the distribution, functionality, or operation of Smarter Apps Ads, nor to interfere with traffic, impressions, or clicks (including through automated, deceptive, fraudulent, or otherwise prohibited means), or to remove, obscure, bypass, or otherwise affect the display of any Smarter Apps Ads or associated brand features; and 
   6. It does not engage in nor allow any Invalid Activity.
       
2. The Publisher shall ensure that they notify Smarter Apps within one (01) business day of becoming aware of any actual or potential lawsuit, government investigation, or other governmental action involving the Publisher, any Permitted Products, or any marketing or promotional campaigns conducted by the Publisher. Smarter Apps retains the right to investigate any action(s) that may constitute a breach of the Agreement and/or the Program Requirements. If a Publisher, a Publisher’s affiliate (regardless of if they are employed during the Term or before it) and/or any third party party employed by the Publisher is blacklisted, suspended, has payments withheld or reversed or incurs a fine or penalty (monetary or otherwise) due to any breach, violation, or non-compliance with obligations owed to Smarter Apps and/or its Partner(s) (including obligations under any agreements or policies, whether communicated verbally or in writing) (each individually an “Publisher Incident”), the Publisher must notify Smarter Apps via the email address specified in the Agreement. Such notification must include all relevant details and supporting materials regarding the Publisher Incident, (a) either before executing the Agreement if such Publisher Incident has taken place before the Term of the Agreement or, (b) within twenty four (24) hours of the Publisher Incident taking place during the Term of the Agreement. For express clarity this notification requirement shall apply both to the Publisher or their affiliates independent professional relationships with Smarter Apps’s Ad Partners outside the scope of this Agreement. 

The Publisher acknowledges and agrees that (a) failure or delay in providing such notice will result in immediate termination of this Agreement and Program Requirement; and (b) any accrued revenues may be withheld and/or not paid (in addition to any applicable chargebacks) in accordance with Section 3.
 

3. The Publisher shall ensure that their Distribution Channels have a specific page for the end-user license agreement and terms of service (“EULA”) and privacy policy (“Privacy Policy”) that shall govern the interactions of the End Users with the Publisher and/or the Distribution Channels. The Publisher shall ensure that the Privacy Policy discloses to the End Users how the Publisher shall collect, use and store End Users’ data, their behavioural targeting practices and general ad targeting practices.The Publisher shall also ensure that the Privacy Policy informs the End Users on how they they can opt out of the data collection for the purposes of ads targeting or ensure that they provide a link to either the DAA (http://aboutads.info) or the NAI (http://www.networkadvertising.org) opt-out portals and for End Users located in the EEA, the EDAA opt-out portal (http://www.youronlinechoices.eu). The Publisher shall always follow the applicable EULA and Privacy Policy for each Distribution Channel. Aside from the above, the Publisher shall also take all reasonable measures to ensure:
   1. End Users shall, at all times during the Term, be provided with access to and a meaningful opportunity to review and accept the applicable EULA and Privacy Policy prior to the installation of any Permitted Product on their devices, and while any Distribution Channel remains active on such devices.
   2. End Users must not, and will not be able to, download, install, or use any Permitted Product unless they have knowingly agreed to the terms of the applicable EULA and Privacy Policy.
   3. During the Term, the EULA and Privacy Policy shall clearly, prominently, and accurately disclose to End Users: (a) how updates, patches, or new versions of any Distribution Channel will be delivered, along with the related rights and obligations of End Users; (b) that the download, installation, or use of any Distribution Channel software may include the delivery of advertisements, content, or services; (c) the basis on which such advertisements, content, or services are provided through the Permitted Product, including whether they are based on personal data, internet activity, or device usage; and (d) that all personal data of End Users is and will remain subject to the applicable Privacy Policy.
       
4. All capitalised terms used in this Program Requirements that have not been defined shall have the definition given to them in the Agreement. 
    
5. Except as has been modified by this Program Requirements, all terms of the Agreement shall remain in full force and effect. 
    
6. If there is any discrepancy between the Agreement and this Program Requirements, the Program Requirements shall govern. 
    
7. Please email compliance@smarterapps.com for any queries.