Affiliate Lead Generation Policy
a. Affiliate shall not perform any methods which do not comply with this Lead Generation Policy. Specifically, Affiliate shall: (i) Not use any LBM intellectual property, including but not limited to, trademarks, trade names, service marks, and logos, except as expressly authorized by LBM in writing; (ii) Not use LBM’s graphics, name or logo, or include a link to LBM’s Web site in any form of unsolicited communication, or in violation of the CAN-SPAM Act; (iii) Not create, publish, distribute or permit any written material, including advertising material and/or LBM content that makes reference to, or is owned by, LBM without first obtaining the LBM’s written consent; (iv) Refrain from allowing access to the Form or otherwise taking any of the actions listed in Exhibit A until such time as the applicable client has been presented with a hot link to LBM’s applicable Terms and Conditions located at the applicable Web site, and has indicated his or her acceptance of such Terms and Conditions (by checking box, clicking a button or via similar method); (v) Comply with all applicable state laws and regulations, including, but not limited to, those governing attorney advertising, solicitation and ethics; (vi) Not place, or cause to be placed, LBM’s advertising materials with any and all excluded advertising channels, companies, or websites as specified by LBM. Restricted channels and unsuitable websites may include, but are not limited to, those websites that: (1) promote violence or are threatening to any third party; (2) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (3) have resulted in or are intended to defraud consumers; (4) promote illegal activities or are undertaken in violation any laws, rules or regulations; and/or (5) violate or infringe upon the rights of any third party; (vii) Refrain from posting advertising material for LBM on any Web sites or URLs (or Web site addresses) that contain communications regarding an attorney’s services or legal services and are provided to Affiliate on a written blacklist (email shall suffice). Such Web sites or URLs may include those that: (1) either expressly state or imply qualifications of the attorney or the attorney’s services; (2) create unjustified expectations about an attorney or legal services; (iii) compare the attorney or attorney services to those of other attorneys or legal services; and/or (3) promise results; (viii) Refrain from generating Click-Throughs, (occurring when a user has requested a page designated by LBM), through providing any incentives, rewards, or similar programs offered by or through Affiliate in exchange for a Click-Through; (ix) Not expressly state or imply that LBM is a referral service or prepaid legal services plan. Any descriptions of LBM or LBM’s services must accurately describe LBM or LBM’s services consistent with the disclaimers and information contained on LBM Web sites; (x) Ensure that all disclosures required under the TCPA shall be placed on any Form utilized on behalf of LBM.
b. Any images created for or used in LBM’s Leads must receive prior written approval from LBM for use in any advertising campaign. Any advertisements for LBM must not contain images or depictions of money, judges, celebrities, extreme emotional appeals, acts of violence, or imagery of weapons. Advertisements containing pictures of people, as lawyers, clients, etc., must contain a disclaimer in the footer stating: “All photos are of models and do not depict clients.”
2. Search Engine Marketing. Affiliate shall not perform any search engine marketing, including the purchasing of key words, which does not comply with LBM’s SEM Policy. Specifically:
a. Affiliate shall not purchase or bid on any key words which are confusingly similar to, or a derivation of, the LBM’s name or other trademarks.
b. Affiliate shall not include any links in any search advertisements which automatically re-direct a user to the LBM’s Web site.
c. Affiliate shall not use the LBM’s name, or any variation thereof, in Affiliate’s online search ad creative.
d. Affiliate shall comply with all of the rules, terms and conditions posted by the applicable search engine.
e. Clicks on the applicable online advertisement shall not lead directly to LBM’s Web site.
3. Email Campaign. In the event that Affiliate engages in an email campaign on LBM’s behalf, Affiliate agrees that:
a. All content and images in emails will adhere to those outlined in this Agreement;
b. The email will not violate any provisions of the CAN- SPAM Act, and will include a valid opt out (unsubscribe) mechanism (requests for which must be honored within 10 business days) and a valid physical postal address;
c. Emails sent on behalf of LBM will contain the phrase “ATTORNEY ADVERTISEMENT” either at the beginning or the end of the subject line; and
d. Email will contain the following language: “ATTORNEY ADVERTISING MATERIAL. This is a legal advertisement for legal services. If you have already retained a lawyer in connection with the legal matter referred to in this advertisement, please disregard this advertisement.”