Today’s online marketing news featured the story about Christine Dolce, a top MySpace profile with over 900,000 friends, who has cut an advertising deal with Unilever to promote the popular amongst-teens AXE line of products. The article at length details how advertising savvy companies will attempt to strike more deals directly with popular users fitting their targeted demographic profile.

Of course the first thing that comes to mind for me is that MySpace should either a) be furious and want their piece of the pie; b) MySpace actually got their share and quietly is left out of any mention within the article; or c) MySpace may be shutting down this profile for a violation of the terms and conditions for use of the site itself.

So, i took a look.




5. Non-commercial Use by Members. The MySpace Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by MySpace.com. Illegal and/or unauthorized use of the MySpace Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the MySpace Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the MySpace Services.

Source: MySpace.com-Terms & Conditions

So, clearly this has been covered within the MySpace terms and conditions, right? Well, it is made even clearer that the page is not to be ’sub-licensed’ to anyone else and their license of use provides for no such a facility.

The MySpace Services contain Content of MySpace.com (”MySpace.com Content”). MySpace.com Content is protected by copyright, trademark, patent, trade secret and other laws, and MySpace.com owns and retains all rights in the MySpace.com Content and the MySpace Services. MySpace.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the MySpace.com Content (excluding any software code) solely for your personal use in connection with viewing the MySpace Website and using the MySpace Services.


And if that wasn’t enough, there’s more! In their ever so long list of things you aren’t allowed to do, selling ad space is clearly defined, as well as the collection of email address, running of any sweepstakes or displaying any email addresses or URLS, among others…

Content/Activity Prohibited.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the MySpace Services. …

6. provides any telephone numbers, street addresses, last names, URLs or email addresses;….
12. solicits .. information for commercial … purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;….

The following is a partial list of the kind of activity that is illegal or prohibited on the MySpace Website and through your use of the MySpace Services. MySpace.com reserves the right to investigate and take appropriate legal action against anyone who, in MySpace.com’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:….

2. advertising to, or solicitation of, any Member to buy or sell any products or services through the MySpace Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the MySpace Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. …..
11. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the MySpace Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your “Top 8″ friends, or sending private messages with a commercial purpose;….

I’d say that they probably got their share. What do you think? Leave me feedback!