DMCA Policy
Effective Date: March 17, 2026 | Last Updated: March 17, 2026
Proven Guide ("we," "us," or "our") operates the website provenguide.com. We respect the intellectual property rights of others and expect all users of our website to do the same. This Digital Millennium Copyright Act ("DMCA") Policy describes how we respond to allegations of copyright infringement in accordance with the DMCA (17 U.S.C. § 512) and outlines the procedures for copyright owners, users, and other affected parties to follow when addressing potential infringement on our website.
As an affiliate marketing review website, Proven Guide publishes editorial content including product reviews, comparison articles, buying guides, and related commentary. We also incorporate third-party content such as affiliate product descriptions, images, trademarks, and logos under fair use, license agreements, or with permission from the rights holders. We take copyright compliance seriously and have implemented the procedures described below to address any concerns promptly and fairly.
1. DMCA Safe Harbor — Section 512
Proven Guide operates as an online service provider as defined under Title II of the Digital Millennium Copyright Act (17 U.S.C. § 512). We claim the protections afforded to service providers under the DMCA's safe harbor provisions, specifically Sections 512(a) through 512(d). These provisions protect qualifying service providers from monetary liability for copyright infringement carried out by users or third parties, provided the service provider meets the statutory requirements.
To maintain our safe harbor protections, we have adopted and reasonably implemented the following measures:
- Designation of a DMCA Agent to receive notifications of claimed infringement.
- Implementation of a notice-and-takedown procedure that complies with Section 512(c).
- Implementation of a counter-notification and put-back procedure that complies with Section 512(g).
- Adoption and reasonable implementation of a policy that provides for the termination of accounts of repeat infringers in appropriate circumstances.
- Accommodation of, and non-interference with, standard technical measures used by copyright owners to identify or protect copyrighted works.
Nothing in this policy is intended to create any obligation or liability beyond what is required by the DMCA and other applicable law. This policy does not constitute legal advice and should not be interpreted as such.
2. Designated DMCA Agent
In accordance with 17 U.S.C. § 512(c)(2), we have designated a DMCA Agent to receive notifications of claimed copyright infringement on our website. All DMCA-related correspondence, including takedown notices and counter-notifications, should be directed to our Designated Agent using the contact information below:
Designated DMCA Agent
Proven Guide — DMCA Department
Website: provenguide.com
Email: dmca@provenguide.com
Please include "DMCA Takedown Notice" or "DMCA Counter-Notification" in the subject line, as appropriate. We aim to respond to all valid DMCA communications within two (2) business days of receipt.
3. Filing a DMCA Takedown Notice
If you are a copyright owner, or authorized to act on behalf of one, and you believe that copyrighted material hosted on or linked from provenguide.com infringes your copyright, you may submit a written DMCA takedown notice to our Designated Agent. To be effective under 17 U.S.C. § 512(c)(3), your notification must be a written communication that includes substantially the following six (6) elements:
- Physical or Electronic Signature. A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the Copyrighted Work. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the Infringing Material. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Providing URLs in the body of your notice is the most effective way to help us locate the content quickly.
- Contact Information. Information reasonably sufficient to permit us to contact the complaining party, such as your full legal name, mailing address, telephone number, and email address.
- Good Faith Statement. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- Accuracy and Authority Statement. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
What Happens After We Receive a Valid Takedown Notice
Upon receipt of a valid DMCA takedown notice that substantially complies with the requirements listed above, we will take the following steps:
- Promptly remove or disable access to the material identified in the notice.
- Notify the user or content contributor (if applicable) that the material has been removed or disabled, and provide them with a copy of the takedown notice.
- Maintain a record of the notice for our repeat infringer tracking policy.
Please note that if your takedown notice fails to substantially comply with the requirements of Section 512(c)(3), it may not be acted upon. We may, at our discretion, attempt to contact you for clarification, but we are under no obligation to do so.
4. Counter-Notification Procedure
If you believe that material you posted on or through provenguide.com was removed or had access disabled as a result of a mistake or misidentification, you may file a counter-notification with our Designated Agent. To be effective under 17 U.S.C. § 512(g)(3), your counter-notification must be a written communication that includes substantially the following four (4) elements:
- Physical or Electronic Signature. Your physical or electronic signature (full legal name is acceptable as an electronic signature).
- Identification of Removed Material. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled. Providing the original URL(s) is the most effective way to identify the material.
- Statement Under Penalty of Perjury. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Consent to Jurisdiction. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if your address is outside the United States, for any judicial district in which Proven Guide may be found), and that you will accept service of process from the person who provided the original takedown notification or an agent of such person.
5. Put-Back Procedure and Timeline
Upon receipt of a valid counter-notification that substantially complies with the requirements of 17 U.S.C. § 512(g)(3), we will follow the put-back procedure outlined below:
- Forward to Original Complainant. We will promptly provide the person who filed the original takedown notice with a copy of the counter-notification and inform them that we will replace the removed material or restore access to it in ten (10) business days.
- Waiting Period. The original complainant then has ten (10) to fourteen (14) business days from receipt of the counter-notification to file a court action seeking a restraining order or injunction against the person who submitted the counter-notification.
- Material Restoration. If we do not receive notice that the original complainant has filed a court action within ten (10) to fourteen (14) business days after forwarding the counter-notification, we will restore the removed material or re-enable access to it. We will make reasonable efforts to complete restoration no later than fourteen (14) business days after receiving the counter-notification, unless we receive notice of a filed court action before that time.
Please be aware that filing a counter-notification may lead to legal proceedings between you and the complaining party. We strongly encourage you to consult with an attorney before filing a counter-notification.
6. Repeat Infringer Policy
In accordance with Section 512(i)(1)(A) of the DMCA, Proven Guide has adopted and reasonably implemented a policy for the termination of users and content contributors who are repeat infringers of copyright. Our repeat infringer policy operates as follows:
Three-Strike Policy
- First Strike. Upon receipt of the first valid DMCA takedown notice related to a user or content contributor, the infringing material will be promptly removed and the individual will receive a formal written warning.
- Second Strike. Upon receipt of a second valid DMCA takedown notice related to the same user or content contributor, the infringing material will be promptly removed and the individual will receive a final written warning indicating that further infringement will result in termination of their account and/or access.
- Third Strike. Upon receipt of a third valid DMCA takedown notice related to the same user or content contributor, all of their content will be removed and their account and/or access to our website will be permanently terminated.
We reserve the right, in our sole discretion, to terminate a user's access after fewer than three strikes if circumstances warrant, including but not limited to cases involving willful or commercial-scale infringement. Counter-notifications that result in material being restored may, at our discretion, result in a strike being removed from the user's record.
7. Misrepresentation Warning — Section 512(f)
Please be advised that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability for damages, including costs and attorneys' fees incurred by the alleged infringer, the copyright owner or its licensee, or the service provider.
Before submitting a DMCA takedown notice, please carefully consider whether the use of the copyrighted material at issue may be protected by the fair use doctrine (17 U.S.C. § 107). Courts have held that a copyright owner must consider fair use before sending a takedown notice. Failure to do so may constitute a knowing material misrepresentation under Section 512(f). If you are not certain whether material on our site infringes your copyright, we strongly suggest that you contact an attorney before filing a notice.
Similarly, before submitting a counter-notification, please ensure that your statement under penalty of perjury is accurate. A false counter-notification may expose you to liability under Section 512(f) and potentially other legal consequences.
8. User-Generated Content and DMCA
Proven Guide may, from time to time, allow users to submit comments, reviews, or other content through our website. All user-generated content is subject to this DMCA Policy. By submitting content to our website, users represent and warrant that they own or have obtained all necessary rights, licenses, and permissions to the content they submit, and that such content does not infringe or violate the intellectual property rights of any third party.
If we receive a valid DMCA takedown notice regarding user-generated content, we will remove or disable access to the material in accordance with the procedures described in this policy. We will notify the user who submitted the content and provide them with the opportunity to file a counter-notification if they believe the removal was made in error.
Users who repeatedly submit infringing content will be subject to our repeat infringer policy described in Section 6 above.
9. Third-Party Content — Affiliate Product Descriptions and Images
As an affiliate marketing review website, Proven Guide incorporates certain third-party content in the course of our editorial and commercial activities. This may include:
- Product descriptions provided by manufacturers, retailers, or affiliate networks.
- Product images and photographs sourced from affiliate programs, manufacturer media kits, or publicly available press resources.
- Trademarks, logos, and brand names used in a nominative and descriptive capacity for the purpose of identifying the products and services being reviewed.
- Pricing information and promotional details sourced from affiliate feeds or publicly available product listings.
We make reasonable efforts to use third-party content only in accordance with applicable license agreements, affiliate program terms of service, fair use principles, and any permissions granted by the rights holders. Product names, trademarks, and logos are the property of their respective owners and are used on this website solely for identification and informational purposes.
If you are a rights holder and believe that any third-party content on our website is used in a manner that exceeds the scope of the applicable license or permission, or otherwise infringes your copyright or other intellectual property rights, please contact our Designated DMCA Agent using the contact information provided in Section 2 of this policy. We will review your claim and take appropriate action, which may include removing or replacing the content, seeking clarification from the affiliate network or rights holder, or requesting additional documentation from you to support your claim.
10. Service Provider Safe Harbor Statement
Proven Guide functions as an online service provider within the meaning of 17 U.S.C. § 512. We store, cache, and transmit material at the direction of users and third-party content providers in the ordinary course of operating our website. In compliance with the DMCA, we have implemented the notice-and-takedown and counter-notification procedures described in this policy, designated a DMCA Agent, adopted a repeat infringer policy, and do not interfere with standard technical measures used by copyright owners.
To the extent permitted by law, Proven Guide claims the benefit of the safe harbor protections set forth in Sections 512(a), 512(b), 512(c), and 512(d) of the DMCA. We do not have actual knowledge of, and are not aware of facts or circumstances from which it would be apparent that, material on our website is infringing, except to the extent that we have received and acted upon valid DMCA takedown notices. Upon obtaining such knowledge or awareness, we act expeditiously to remove or disable access to the infringing material.
We do not receive a financial benefit directly attributable to the infringing activity of any user where we have the right and ability to control such activity. Where applicable, we have registered our Designated Agent with the United States Copyright Office as required under 17 U.S.C. § 512(c)(2).
11. Modifications to This Policy
We reserve the right to modify or update this DMCA Policy at any time. Any changes will be effective immediately upon posting the revised policy on this page with an updated "Last Updated" date. Your continued use of our website following the posting of changes constitutes your acceptance of those changes. We encourage you to review this policy periodically to stay informed about how we handle DMCA matters.
12. Contact Information
For all DMCA-related matters, including takedown notices, counter-notifications, questions about this policy, or concerns about content on our website, please contact us through our Designated DMCA Agent:
Proven Guide — DMCA Department
Email: dmca@provenguide.com
Website: provenguide.com/dmca
For non-DMCA legal inquiries, please visit our Contact page or email legal@provenguide.com.
This DMCA Policy is intended to comply with the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512). Nothing in this policy is intended to expand or limit any rights, remedies, or defenses available under applicable law.