Proposed Toolbar and Software Industry Standard

Performance Marketing Toolbar Compliance Framework

Drawing on the Performance Marketing Association’s decades of resources and leadership, this proposed framework for toolbar publishers represents a significant milestone in industry-wide cooperation. As cross-channel collaboration becomes stronger than ever, this framework unites voices from agencies, brands, and technology partners to establish clear, equitable minimum guidelines as well as suggested actions. This initiative reflects a shared commitment to adapting our practices to the evolving digital landscape, ensuring that innovation in the toolbar space is matched by rigorous standards for transparency, value, and fair attribution.

Our objective is to move beyond theoretical ideals and establish a practical set of standards that earns the approval of major industry stakeholders while remaining realistically enforceable in day-to-day operations. 

For purposes of these standards, “Publisher” will be used to define toolbars, browser extensions, and any other type of browser helper. 

Networks & Platforms

Required Standards:

• Strict Vetting & Testing: Networks must maintain strict compliance teams that require testing prior to approving a toolbar or extension. This includes ensuring the software does not automatically drop cookies or overwrite other publisher cookies without user action.
• Policy Enforcement: Platforms must implement stringent vetting criteria to ensure software publishers have clearly defined installation and deletion policies.
• Standardized Stand Down Clauses in Network T&Cs: Platforms must include standardized stand down clauses within network terms and conditions to ensure consistent enforcement, improve transparency, and provide brands with clearer governance and control.
• Suspension or Removal: Networks must establish a system for suspending and/or removing non-compliant publishers. This may include withholding or reversing payments to the publisher for the duration of the time the publisher was out of compliance. Reversed funds should be returned to the brands, minus any network transaction fees, automatically and in a timely fashion.

Suggested Standards:

• Attribution Capabilities: Networks should provide features that empower merchants to analyze conversion paths at the transaction level. This allows for intelligent attribution and commission logic to properly compensate partners based on their specific value.
• Record keeping: Networks should maintain records of testing as well as enforcement actions against publishers.
• Ongoing Testing: Networks should maintain compliance teams that continue to re-test toolbars on a routine basis such as quarterly. 
• Passing on Compliance Costs: To the extent that networks are spending extra compliance time on a toolbar, networks should pass on the cost of that compliance to the toolbar publisher. Examples include initial toolbar testing, ongoing toolbar testing, or recouping tech and legal time when toolbars are found to be out of compliance. These costs should be defined up front and could include flat rates or a portion of commissions. 

Subnetworks

Required Standards:

• Baseline Standards: If subnetworks allow toolbar publishers into their network, all of the “Required Standards for Networks & Platforms” apply.
• Merchant Choice: Subnetworks must give brands the option to opt out of allowing toolbar publishers into their program.

Suggested Standards:

• Transparency: Subnetworks should provide brands with either the specific publishers allowed into their program or unique IDs that are designated as toolbar publishers. 

Toolbar Publishers

Required Standards:

• Affirmative Action: Cookies, coupon codes, and promotions must never be applied without an affirmative click or voluntary interaction from the consumer.
• Stand Down Logic: Software must “stand down” in the presence of an existing affiliate cookie for the length of the session and only drop its own cookie if the user actively engages with the extension.
• Non-Intrusive Design: The software must not interfere with the standard usage of the merchant’s website.
• Coupon Removal: Publishers must have a published submission process through which advertisers can request coupon removals. Publishers must remove any coupons or codes within 24 hours of notice from a brand. 
• Changes to Software: Publisher must notify brands and networks within 5 business days of any material changes to the way that the software operates.
• Working Through Subnetworks: Publishers must not attempt to join programs through subnetworks after suspension or removal from that program in a network. 

Suggested Standards:

• Coupon Restrictions: Publisher should not scrape coupons or codes used by users for the purpose of extending to other users. Publishers should only source coupons directly from the merchant, network, or merchant-verified third party data source. 
• Merchant Account: Publisher should supply networks with a customer login account that replicates any user class. If user classes are treated differently, a login must be provided that replicates the experience of each class. 
• Merchant Opt-Out: Publisher should allow for brands to opt in or out of working with the extension specifically despite other other aspects of relationship. 

Brand and Merchant Standards

Required Standards:

• Clear Policy Definitions: Merchants must establish and publish clear policies regarding allowed and prohibited behaviors before promotions begin. Specific guidelines should address “stand down” rules (regarding other paid channels), site modifications (search results or site appearance), and attribution behavior.
• Monitoring & Enforcement: Merchants must clearly communicate how policies will be enforced, including timelines for fixing issues and consequences for non-compliance.

Suggested Standards:

• Rates and pricing: Merchants should set expectations regarding rates and pricing early, potentially assigning different rates to software publishers if their incremental value differs from other publisher types.