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Breakdown of the new AdSense Terms

Changes made October 16, 2003

         

Jenstar

2:56 am on Oct 17, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Well, they made it a little easier this time to note their changes to the terms with the handy notice at the top ;) The section on Confidentiality grew quite considerably, to reflect the fact that some of these figures need to be given to the IRS.

The changes are:

  • Under Prohibited uses, they removed the clause You may not run multiple Ads linking to the same or similar Web site on the same Site Web page.

  • Under Confidentiality, the following was added:
    Nothing in this Agreement shall prohibit or limit either party's use or disclosure of the U.S. Federal income tax treatment and U.S. Federal income tax structure of any transaction contemplated by this Agreement and all materials of any kind (including opinions or other tax analyses) that are provided to it relating to such tax treatment or tax structure, except where confidentiality is necessary to comply with applicable federal or state securities laws.

  • Under payments, they added the word valid to the following clause (bolding is mine):
    You shall receive a payment related to the number of valid clicks on Ads displayed in connection with Your Site(s) as specified in the FAQ

  • Also under payments, a fifth notation of was added under the part of "Google shall not be liable for any payment based on":
    (e) impressions co-mingled with a significant number of fraudulent impressions or fraudulent clicks described in (a) above, or as a result of other breach of this Agreement by You for any applicable pay period.

  • The part of the payment section regarding tax information has been changed:
    For U.S. taxpayers, this information includes without limitation a valid U.S. tax identification number and a fully-completed Form W-9. For non-U.S. taxpayers, this information includes without limitation either a signed certification that the taxpayer does not have a U.S. presence or a fully-completed Form W-8 or other form, which may require a valid U.S. tax identification number, as required by the U.S. tax authorities.

  • Under publicity, the following was added:
    If You wish to use Google's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), You may do so, so long as such use is in compliance with this Agreement and in compliance with Google's then current Brand Feature use guidelines, and any content contained or reference therein, which may be found at the following URL: [google.com...] (or such other URL Google may provide from time to time).

  • New information has been added about issuing press releases, in the Miscellaneous section:
    Except as required by law, You may not, without Google's prior written consent, issue any press release or make any public statement about the subject matter of this Agreement or use or display any Google logo or trademark in any manner (except as otherwise provided to You by Google as part of an Ad Unit).

  • The last of the Miscellanous part of the agreement as been changed. The following line has been removed:
    This Agreement shall be construed as if both parties jointly wrote it.

    As always, some interesting changes. Tax issues were clarified (or confused?) further, and changes made within the AdSense account state that tax information must be submitted by November 30th or there could be a delay in payment.

    The new PSA alternative is a wonderful feature. It would be nice to see reotation of these banners, or allow a different banner for each domain within an account.

    They mention new publicity guidelines, yet added the section to the terms about not making public statements about this agreement. Which raises the question if any mention of the terms in the AdSense forum is considered a "public statement". Because it is a members only forum (you have to be logged in to view the newer messages) I do not believe this forum would be considered a public statement. But I am seeking clarification to this, since the terms tend to get referenced daily here.

  • seaboy

    3:03 am on Oct 17, 2003 (gmt 0)

    10+ Year Member



    You're a godsend, Jenstar! All your hard work is much appreciated.

    I don't know if it's just late here and I'm tired, but I don't understand:

    they removed the clause "You may not run multiple Ads linking to the same or similar Web site on the same Site Web page."

    Can anyone clarify that for me? Am I just being dumb?

    Blue_Fin

    3:12 am on Oct 17, 2003 (gmt 0)

    10+ Year Member



    My take is that this refers to an Adsense ad and an affiliate link/banner linking to the same site.

    seaboy

    3:15 am on Oct 17, 2003 (gmt 0)

    10+ Year Member



    ...Adsense ad and an affiliate link/banner linking to the same site

    But (as we can't pick the AdSense ads) how could we make sure we comply?

    Blue_Fin

    3:18 am on Oct 17, 2003 (gmt 0)

    10+ Year Member



    That's likely why it was removed, seaboy. ;)

    Imaster

    3:22 am on Oct 17, 2003 (gmt 0)

    WebmasterWorld Senior Member 10+ Year Member



    Thanks Jenstar :)

    I have a question: I am located outside of US, but I host my website(s) on a server in US. I am doing no other activity in US.
    What category would I fall under: U.S. Business, Non U.S. Business, or Non U.S. Business with U.S. presence.

    I believe its either the 2nd or the 3rd one. They both seem a little confusing.

    In case I do have to pay tax, would I have to pay tax in my country as well or the double taxation treaty would get into effect in such a case?

    seaboy

    3:23 am on Oct 17, 2003 (gmt 0)

    10+ Year Member



    <embarrassed>oops, sorry. I did say I was tired!</embarrassed>

    Jenstar

    3:26 am on Oct 17, 2003 (gmt 0)

    WebmasterWorld Senior Member 10+ Year Member



    Yes, it was confusing, that is probably why it was removed ;)

    Jenstar

    3:46 am on Oct 17, 2003 (gmt 0)

    WebmasterWorld Senior Member 10+ Year Member



    I am located outside of US, but I host my website(s) on a server in US.

    I am sure there are plenty of members here who fall under this as well. Would it mean you have to have your own server that is in the US? Or does it even mean if you have a hosting account for server space in the US that you pay on a monthly basis.

    I am not sure on this, perhaps someone else can clarify this one a bit more, who is more familiar with this kind of an issue already.

    marcs

    4:02 am on Oct 17, 2003 (gmt 0)

    10+ Year Member



    As I understand it, a "US presence" means that you have an office in the US.

    If this is not the case, I'm sure someone will correct me.

    Imaster

    4:04 am on Oct 17, 2003 (gmt 0)

    WebmasterWorld Senior Member 10+ Year Member



    As I understand it, a "US presence" means that you have an office in the US.

    My understanding is similar and I am certain most here will agree with us. However, I am not too sure about what Google means and I hope someone clarifies it.

    Jenstar

    6:16 am on Oct 17, 2003 (gmt 0)

    WebmasterWorld Senior Member 10+ Year Member



    I should have gotten more sleep last night and definitely more caffeine today.

    The mention about not being permitted to make public statements was removed from the terms, not added. They seem to be making it easier for publishers to talk about the program, which is a great move by Google, IMO ;)

    ct2000

    6:22 am on Oct 17, 2003 (gmt 0)

    10+ Year Member



    ...or having employees in the U.S. who are involved in either:

    setting up a web server, hosting service, or website
    ....

    says to me if you live (for exsample) in the UK.. but your server is hosted in the US you are Ok ...

    yes its in the US but you have no employees in the US - your Hosts are NOT employees..

    Jenstar

    6:25 am on Oct 17, 2003 (gmt 0)

    WebmasterWorld Senior Member 10+ Year Member



    Changes to the AdSense policies & FAQ [webmasterworld.com]

    Note that when you logged in and agreed to the new terms, you also agreed to the new AdSense policies and FAQ. Major changes were made that publishers should be sure to check into, to make sure sites running AdSense are compliant. Both are new as of October 16, 2003.

    Jenstar

    5:53 pm on Oct 17, 2003 (gmt 0)

    WebmasterWorld Senior Member 10+ Year Member



    Following up on this change to the terms (change in bold):

    You shall receive a payment related to the number of valid clicks on Ads displayed in connection with Your Site(s) as specified in the FAQ

    I wonder if this is a move to combat all the negative publicity around suspended publishers complaining about not receiving any money, including money from valid clicks, after being removed from the program.

    But this also still remains in the terms:

    Google reserves the right to withhold payment or charge back Your account due to any of the foregoing, any breach of this Agreement by You

    When the next wave of "I got suspended" posts arrive, it will be interesting to see if Google plans on paying for all legitimate clicks while disallowing the fraudulent ones, when a publisher is suspended from the program. If so, this would alleviate much of the negative publicity surrounding this issue with Google (such as the very poorly researched Register article [webmasterworld.com] a few weeks ago)

    Jenstar

    6:23 am on Oct 17, 2003 (gmt 0)

    WebmasterWorld Senior Member 10+ Year Member



    Here comes another long post. Lots of new changes. In addition to the New AdSense Terms [webmasterworld.com], the AdSense team has also updated their program policies and the FAQ. And remember that publishers agree to follow both of these when they agree to the Terms.

    Major changes under ad placement policies, and the fact that pop-unders are no longer permitted.

    New & Changed Policies
    [google.com...]

  • Slight addition to the following clause (addition is in bold):
    If a site is found to be in violation of our policies at any time, we will warn the publisher or suspend or terminate the account.

  • Ad Code Modification has changes for clarity (changes in bold):
    The AdSense ad code must be pasted, without modification, into web pages.

  • Under ad placement, ads are no longer allowed on domain parking pages.

  • A very significant addition to the policies that could affect those who were publishing contents or creating whole sites around using AdSense:
    Ads may not be placed on pages published specifically for the purpose of showing ads, whether or not the page content is relevant.

  • More changes to the way you display ads:
    Elements on a page must not obscure any portion of the ads, and the ad colors must be such that the ad text and URL are visible.

  • Under client software:
    The AdSense ad code must not be pasted into any software application.

  • Slight change under dialers (change in bold):
    Your site must not require or prompt an end user to download a dialer in order to view content of the site.

  • Interestingly, the section on double serving (showing more than one set of AdSense ads) has been removed. A sign of things to come, perhaps?

  • Seems that blogs are not on the prohibited list. Under personal pages it now says:
    In general, we do not accept personal pages or chat sites into the AdSense program.
    Previously it said:
    In general, we do not accept personal pages, chat sites, or blogs into the AdSense program.

  • Under prohibited/fraudulent clicks the following has been added:
    Please note that clicking on your own ads for any reason is prohibited, to avoid potential inflation of advertiser costs.

  • Also under prohibited/fraudulent clicks, the following has been removed as a prohibited method, although it is still specifically mentioned in the Terms:
    and/or computer generated search requests

  • Another interesting removal from the Policies, although it is also still prohibited by the Terms:
    Search Result Pages
    AdWords ads may not be placed on search results pages.

  • Under popups, the following has been added as content your site can not include:
    Pop-ups that... obscure AdWords ads, change user preferences or prompt a user to change his/her preferences (such as a user’s home page)

  • Major change regarding pop-unders and exit windows. These are no longer permitted at all. Previously AdWords advertisers were prohibited from using them on their landing pages, but AdSense publishers had no restrictions until now. I am betting there are huge numbers of publishers that are utilizing pup-unders and/or exit windows.
    Site may not include... Pop-unders or exit windows

    New & Changed FAQ
    [google.com...]

  • Mention that AdSense will display the publisher provided Alternate Ads

  • Additional sites you place the AdSense code on must comply with the AdSense policies. Perhaps a loophole before?

  • Removal of the press release clause, which prohibited publishers from announcing their participation in AdSense in a press release. Changes regarding this were also made in the terms. Google seems to be taking a more open stance so publishers can discuss their participation in AdSense.

  • Another interesting change regarding click and impression spam. This clause has now been removed:
    Our system can automatically distinguish between clicks generated through normal use by users and clicks generated by click spammers and automated robots. We are then able to filter out fraudulent clicks.

  • Also under click and impression spam, computer generated search requests has been removed as a prohibited method.

  • Section on related searches has now been removed.

  • New sections on the "Alternative Ads" are now included.

  • Changes made to the section on language availability.

  • Under "How much will I earn" the following has been added:
    Please note that these reports and the information contained in them are confidential. However, we do understand that you may have a need to report yearly or quarterly total earnings from Google AdSense for tax purposes.

  • Changes made to the tax information section.

  • Changes made to reflect the leaderboard and inline rectangle ad sizes.

  • For everyone panicking when the stats are not updated realtime, the following in bold was added:
    Reports are typically updated hourly with an occasional delay of up to 24 hours.

  • Added information for changing payee

    Plenty of changes going on.

    With the changes so that ad text and URL are visible, there are plenty of publishers in violation of this right now. Some have matched the description text color and/or URL text color to the background, so that all is seen by visitors is the ad headline link, and the "Ads by Google" at the bottom. Those now need to be changed for compliance.

    With regards to: Ads may not be placed on pages published specifically for the purpose of showing ads, whether or not the page content is relevant. This could have huge implications for AdSense publishers. Many publishers are designing sites or adding content for the sole purpose of showing AdSense ads in hopes of earning more revenue.

    It could also be looking at it from the point of view of Directories - are they considered published for ads? What about classifieds?

    Could all these types of sites/pages be in violation of the terms? Or are they looking into something deeper, in attempts to combat some of the ad manipulation that has been becoming more visible recently.

    And with The AdSense ad code must not be pasted into any software application- I wonder if this would affect the Opera browser. Any thoughts?

    And what implications that tiny little line about no pop-unders or exit windows. That could mean a lot of code changing for people, as well as publishers deciding whether the pop-under or exit window is more beneficial than the AdSense. But with so many people using pop-up blockers, I think this means lots of code editing to remove the pop windows rather than removing the AdSense code ;) I am curious as to how many people are affected by this pop-under/exit window change in the policies.

  • cornwall

    7:53 am on Oct 17, 2003 (gmt 0)

    WebmasterWorld Senior Member 10+ Year Member



    Jenstar

    As usual you have very efficiently highlighted the changes. The more idle amongst us (like me) really appreciate this ;)

    "Interestingly, the section on double serving (showing more than one set of AdSense ads) has been removed. A sign of things to come, perhaps? "

    Are you suggesting that a publisher can now add two or more sets of Adsense adverts to the one page?

    cornwall

    7:57 am on Oct 17, 2003 (gmt 0)

    WebmasterWorld Senior Member 10+ Year Member



    And as a separate point

    >>This clause has now been removed:
    Our system can automatically distinguish between clicks generated through normal use by users and clicks generated by click spammers and automated robots. We are then able to filter out fraudulent clicks. <<

    This would suggest that Google has not too much faith in their fraud detection system :(

    Jenstar

    8:02 am on Oct 17, 2003 (gmt 0)

    WebmasterWorld Senior Member 10+ Year Member



    No, double serving is still against the terms, and is mentioned up higher under "Ad Placement". I just found it interesting that the entire section on double serving had been removed from the policies.

    We do know that some premium publishers have more than one (whether they are permitted to or not is unclear), so it is possible that perhaps this will be allowed in the future. But no, it is not allowed as of yet ;)

    Blue_Fin

    8:02 am on Oct 17, 2003 (gmt 0)

    10+ Year Member



    From the FAQ:

    3. Can I display more than one set of AdWords ads on a web page?
    You can only place one set of ads (one copy of the AdSense HTML ad code) on each page. Otherwise, ads may be double-served. In an effort to maintain the quality of our program, Google does not support double-serving. Please select the one ad placement best suited for each of your pages.

    Jenstar

    8:05 am on Oct 17, 2003 (gmt 0)

    WebmasterWorld Senior Member 10+ Year Member



    This would suggest that Google has not too much faith in their fraud detection system

    Or perhaps they are doing more manual checks, to be sure that the automatic fraud detectors are really picking up true fraud.

    Or they could have decided they were giving too much information away about how they determine fraudulent clicks and impressions on accounts. Google has always been pretty secretive of how they detect fraud.

    creative craig

    8:07 am on Oct 17, 2003 (gmt 0)

    WebmasterWorld Senior Member 10+ Year Member



    At least they have sorted out the tax payers section now. I was going to host in the US for free when I first started a few of my sites, thank god I didn't ;)

    cornwall

    8:22 am on Oct 17, 2003 (gmt 0)

    WebmasterWorld Senior Member 10+ Year Member



    >>With regards to: Ads may not be placed on pages published specifically for the purpose of showing ads, whether or not the page content is relevant. This could have huge implications for AdSense publishers. Many publishers are designing sites or adding content for the sole purpose of showing AdSense ads in hopes of earning more revenue.
    It could also be looking at it from the point of view of Directories - are they considered published for ads? What about classifieds?
    Could all these types of sites/pages be in violation of the terms? Or are they looking into something deeper, in attempts to combat some of the ad manipulation that has been becoming more visible recently. <<

    As you point out, this change is very significant.

    It could stir up a lot of hornets nests of the type "I have been banned by Google cos they say my site is there just to get Google ads". Give it two weeks and we'll get a thread here!

    It smacks a bit of the ODP "ban" on affiliate sites, and how that was interpreted by ODP editors, and the amount of bitterness caused.

    Google have always tried to automate their systems, eg spam filters rather than weeding sites by hand. This change would mean weeding AdSense publishers by hand.

    Does this mean they will act on emails from publishers complaining about the opposition. Or more likely they are intending going through all AdSense sites to determine "suitablity" (difficulty depends on how many publishers they have)

    On balance I would go with your "or are they looking for something deeper thought" with perhaps a wholesale weeding of AdSense publihers.

    Macro

    8:34 am on Oct 17, 2003 (gmt 0)

    WebmasterWorld Senior Member 10+ Year Member



    Could these new terms have been influenced by the imminent arrival of a competitor?

    For example it is alleged that a newcomer would allow their ads in pop-ups and pop-unders. Suddenly pop-ups go out of favour ;-)

    Personally I think that's a good thing. I'm tired of pop-anything and I'm tired of having to block things that I didn't ask for.

    Jenstar

    8:40 am on Oct 17, 2003 (gmt 0)

    WebmasterWorld Senior Member 10+ Year Member



    When they refer to ads, they don't make it clear - is it referring just for AdSense ads? Or for any kind of text or graphic ads?

    There are just so many interpretations to this, that it would be difficult to be sure you are complying with this one.

    If I built a site all about dogs, making it in hopes that revenue from AdSense ads for dog keywords would make it pay off, would I be in violation? Possibly.

    What if I decided to create a dog directory with breeders with all free listings? What if I made a dog directory where some of those breeders paid to be listed, or what if all of those breeders paid to be listed? Would this cause me to be in violation? Possibly.

    What if I decided to do a free classified dog site, where people could post their wanted and for sale dog ads, and hope that AdSense would make it pay - would this be in violation? Possibly.

    And in Google's eyes, this could be one, two, all or none of these kinds of scenarios. And cornwall is right, we could see a thread about this here in a few weeks, but even with their suspension letter, it might not be clear how or why.

    And it could be something put in place to attempt to weed out publishers that are not really using AdSense like how Google envisions it to be used, particularly with how it is used.

    Macro

    8:48 am on Oct 17, 2003 (gmt 0)

    WebmasterWorld Senior Member 10+ Year Member



    As usual you have very efficiently highlighted the changes. The more idle amongst us (like me) really appreciate this

    Me too.

    heini

    9:33 am on Oct 17, 2003 (gmt 0)

    WebmasterWorld Senior Member 10+ Year Member



    Thanks for the fantastic and fast update on the new policy, Jenstar.

    Jon_King

    11:14 am on Oct 17, 2003 (gmt 0)

    WebmasterWorld Senior Member 10+ Year Member



    Great summary, a big, big thanks Jenstar.

    Shak

    11:27 am on Oct 17, 2003 (gmt 0)

    WebmasterWorld Senior Member 10+ Year Member



    Great summary :)

    do you ever sleep?

    Shak

    cornwall

    11:30 am on Oct 17, 2003 (gmt 0)

    WebmasterWorld Senior Member 10+ Year Member



    >>do you ever sleep?

    That was worrying me too, think it was 3 am where Jenstar is!

    This 49 message thread spans 2 pages: 49