Note: This documentation is applicable exclusively to North America. If your app is not being distributed in North America, please contact Partner_Mgmt@sky.uk

These Advertising Content Standards and Guidelines (the “Advertising Guidelines”) govern the provision of advertising by you in connection with the delivery of content, product and/or any other service (each, a “Service”) as set forth in the agreement between you and the platform.

Disclaimer

THESE ADVERTISING GUIDELINES ARE NOT INTENDED AS LEGAL ADVICE. ADHERENCE TO THESE ADVERTISING GUIDELINES IS NOT NECESSARILY SUFFICIENT TO MEET THE STANDARDS OF APPLICABLE LAWS. THE PLATFORM ENCOURAGES YOU TO CONSULT WITH LEGAL COUNSEL.

General Responsibilities

• It is your responsibility to ensure that all advertising (including the ad creative and any subsequent landing page):

  • complies with all applicable Federal, state, and local laws and regulations (collectively, “Laws”), guidelines regarding such assurances, including but not limited to those set forth by the Federal Trade Commission (“FTC”) and industry best practices;

  • clearly identifies within the ad the sponsor of any advertising message;

  • does not violate the intellectual property rights, right of publicity, right of privacy or any related rights of the platform or any third parties;

  • claims have been substantiated before the advertisement appears;

  • does not deceive viewers into providing personal information;

  • does not mislead or deceive viewers into downloading software; and

  • complies with these Advertising Guidelines, and are consistent in the information they provide (e.g., “Bait and switch” advertising is not permitted).

Principles Applicable to All Advertising

Advertising Served to Children

• Advertising (including the serving of such advertising) shall comply with all applicable Laws and restrictions or requirements relating to serving advertising to children, including those applicable to interactive functionality and online data collection, as provided by the Children’s Television Act, the Children’s Online Privacy Protection Act and/or any other applicable Law.

• No advertising should be included within any areas of the Service that are targeted primarily to children under the age of 13.

Data Collection

• Advertisements that collect personally identifiable information from users are permitted only with prior written consent from the platform.

• Advertisements that collect information should not collect any sensitive information. This includes information relating to certain health conditions, specific financial information, sexual preference, orientation or interests, political or union affiliation, religion, race or ethnicity.

• Advertisements that collect information should not target children unless measures are in place (e.g., screening/obtain parental consent) as required by applicable Law.

• Any advertisement that functions as a communication device (sends an email or IM to another user or enables SMS messaging to a cell phone or two-way pager) is deemed to be a “Data Collecting” advertisement for purposes of these Advertising Guidelines and must comply with all requirements specified here for advertising units that collect data. In addition, “communication device” advertisements must have self-limiting controls in place to minimize potential abuse.

Direct Response

• Each advertisement that provides for a direct response must include the name, street address, city, state and zip code of the sponsor or a website and/or toll-free telephone number.

• When applicable, any charges beyond the advertised purchase price must also be disclosed (e.g., shipping and handling).

• Direct response advertisements must indicate actual anticipated delivery date if anticipated delivery will be in excess of 30 days.

Dramatizations and Reenactments

Dramatizations and reenactments of actual events must be clearly disclosed as such. Fictional dramatizations that are readily apparent to the user (“slice of life”) require no such disclosure.

Emergency Alert Signals

Advertisements that contain emergency alert signals or signals that are similar to emergency alert signals are not permitted.

False Claims

All advertising must tell the truth and not mislead consumers. Known false or unwarranted claims for any product or service are prohibited under the Federal Trade Commission Act, which governs unfair or deceptive advertising in any medium.

Foreign Language Advertisements. Advertisements in a foreign language that is not the language primarily utilized on the Service are not permitted.

“Free” Claims

Any advertising that claims to offer items for “free” must comply with all state and Federal guidelines with respect to the use of the term “free” in advertising and disclose all material terms and conditions for obtaining the free item (e.g., advertising may not suggest that an item is “free” when receiving the item is in fact conditioned upon signing up for or purchasing the advertiser’s good or service, unless that fact is properly disclosed).

Government and Public Symbols

• The American Flag may be depicted in advertising provided its use is dignified and incidental to the primary selling objectives of the advertisement. Disrespectful use of national emblems, anthems, or monuments is not permitted.

• Direct or implied use of the office of the President of the United States or any governmental body or figure without official approval is not acceptable.

• Use of military or law enforcement uniforms or vehicles are permitted only with the platform’s prior written consent.

Injurious or Prejudicial to the Public or the Platform

Advertising that may be injurious or prejudicial to the interest of the public is prohibited. Content or portrayal of practices that demean, ridicule, or attack individuals or groups on the basis of age, color, national origin, race, religion, sex, sexual orientation, physical or mental handicap, or similar inappropriate criteria are prohibited. Advertising by third parties that states or purports to state an opinion of the platform or any of its affiliates is also prohibited unless pre-approved by the platform in writing.

Personal Attacks

Advertisements may not contain any content that is defamatory or attacks the honesty, character, integrity, or like personal qualities of an identified person or group concerning controversial issues of public importance, unless the advertisement is a political “use.” In addition, advertisements may not attack foreign groups or foreign public figures.

Pricing & Price Claims

• All price claims (including advertising that claims to offer items for “free”) must be: (a) not deceptive or misleading; (b) properly substantiated and (c) compliant with all applicable Laws.

• “Bait and switch” advertising, in which the user is offered a product the advertiser has no intention of selling as a method of luring the user into purchasing a more expensive product, is not permitted.

• If content contains an offer that expires on a date certain, the content may not be served beyond the expiration date of that offer.

Products of Questionable Legality

Advertising for any product or service which is illegal or has no legitimate use in the country, state, county, or municipality where the advertisement appears is prohibited.

Profanity

• Advertising may not contain profanity, other than use of the words “hell” or “damn”. If such words are used in an advertisement, such advertisements may not be (1) placed or served on any area that primarily contains family- oriented or children’s content or (2) in the case of video advertising, included in any family or children’s video content.

• “Bleeps” in lieu of the particular profanity must extend for the entire length of the profane word being uttered and the profane word cannot otherwise be discernible by the viewer. In some cases, it may be necessary to pixelate the mouth of the person uttering the profanity.

Simulated Error Messages & Interactivity in Advertising

Advertisements that may misdirect or mislead the user in any manner are not permitted. For example, advertisements may not (a) mimic or resemble the user interface elements, the “look-and-feel” of the platform products or services, error messages, or Windows/Mac/Unix dialogue boxes, or (b) contain graphics that simulate interactivity (e.g., drop down menus, search boxes, etc.) where no such interactivity exists.

Simulated News Items

Advertisements may not contain (a) audio or visual approaches or formats that could confuse the viewers as to the origin of the material being distributed or (b) news language such as “We interrupt this program (commercial) to bring you….” “Bulletin,” “Flash,” “This just in,” “Breaking News,” newsroom settings, call letters or numbers, and teletype sound.

Use of Social Media Logos

• Advertisements may not include logos for social media companies such as Facebook and Twitter, unless explicitly permitted by such social media company’s branding guidelines or otherwise approved by such company in writing.

• Acceptable advertiser content may make statements such as, “find us on Facebook” or “check out our Facebook site.” Verbal mentions of the Facebook location where an advertiser has a presence is also acceptable.

• Written reference may be used if those references does not imitate the logo fonts and color scheme.

Solicitation of Funds

Advertisements for the direct solicitation of funds are not permitted without the platform’s prior written consent.

Sponsorship Identification

• Identification of sponsors must be made in all advertisements in accordance with the requirements of the Communications Act and the rules and policies of the FCC (47 C.F.R. §76.1615).

• A sponsorship ID is required whenever consideration is received for running any programming, whether in the form of money, goods, services, or even an agreement to promote the sponsor in any way.

• The sponsor is the person or entity that paid for the ad.

• This rule applies to paid PSAs (whether from government agencies, charitable organizations, trade associations, political PACs, public interest groups, churches or religious groups, etc.), issue ads of any type, and any advertisements that are not clearly for a commercial product or service.

• There is an exception to the sponsorship ID requirement that applies ONLY to commercial products or services, when the mention of the sponsor’s name or product makes clear that it is a commercial message for that product or service. Commercial products and services do not include, for example, issue ads, or ads placed by government agencies, trade associations or public interest groups.

• Sponsorship ID Format:

  • Proper sponsorship ID must contain the words “Paid for by . . .” or “Sponsored by . . . .”

  • Sponsorship ID for political candidates must be in type that occupies at least four percent of the screen and lasts at least four seconds.

  • A copyright notice does not constitute adequate sponsorship identification. A website URL does not necessarily constitute adequate sponsor identification unless it is the official name of the sponsoring entity.

Subliminal Perception

The use of subliminal perception techniques is not permitted.

Testimonials and Endorsements

• Any testimonials and endorsements contained in an advertisement must fully comply with all applicable Laws, including the FTC’s Guide Concerning Use of Endorsements and Testimonials in Advertising. Endorsements must reflect the honest opinions, beliefs, findings or experience of the endorser. The endorsements may not contain any claim that cannot be substantiated if made directly by the advertiser. If there is a connection between the endorser and the seller of the advertised product that could materially affect the weight or credibility of the endorsement, such connection must be fully disclosed.

• All testimonials and endorsements appearing in any advertisements must be supported, including if necessary by affidavits and/or additional releases/documentation.

Viral Marketing

• Non-incentivized viral marketing (“tell a friend” or other marketing efforts that rely on one person transmitting a marketing message or offer to others) are permitted only if all the following conditions are met: (a) the “tell a friend” or viral element must be limited to 5 or fewer “friends”; (b) the “friends” information must be collected and used only to transmit a communication about the marketing or advertisement and this is disclosed to users on the data collection page, and (c) the offer or advertisement may not come from or mention any of the platform's products or services in the subject line of any email sent as a result of a viral marketing program.

• Advertising in support of products, services or promotions that contain an incentivized viral marketing component (campaigns which reward the user, whether monetarily or with additional sweepstakes entries, prizes, bonus “points,” etc., for forwarding a message to one or more friends or acquaintances), are not permitted.

Visuals and Supers

• Visual disclaimers cannot be used to contradict or materially alter a claim. When superimposed copy is used to qualify advertising claims it must be presented so it can be read easily against a plain contrasting background and must be located within a safe title area of the screen.

• Visual disclaimers should appear in a font that is easy to read and remain on the screen long enough to be noticed, read, and understood by an average viewer and audio disclaimers should be clear and loud enough to be easily heard and understood by an average viewer.

• The use of horizontal crawls in the lower l/3 of the screen is unacceptable.

Content Guidelines for Specific Categories of Advertising

900 Numbers and Fee-For-Use Websites

Ads for 900 numbers are permitted only with the platform’s prior written consent.

Adult Products and Nudity

• Advertising for adult products (films, magazines, websites, sex toys, condoms, etc.) is not permitted.

• In addition, advertising that contains the following is not permitted:

  • Sexually suggestive images, photographs or drawings (example: suggestive posing and/or nudity);

  • Sexually suggestive ad text (example: click here to take something off);

  • Advertisements for products relating to sexual performance/enhancements (including herbal and topical supplements) and reproductive related services; and

  • Content involving sexual or excretory activities and organs, depiction of total or partial nudity, or advertising that is in whole or in part obscene, vulgar, repulsive or offensive, either in theme or in treatment.

Alcohol

• Advertisements for beer, malt beverages, hard liquor/distilled spirits and wine (collectively, “Alcoholic Products”) are permitted, except that advertisements for Alcoholic Products may NOT:

  • employ any symbol, language, music, gesture, entertainment figure, group or character that is intended to appeal primarily to persons below the legal purchase age;

  • portray, encourage or condone drunk driving;

  • depict situations where alcohol is consumed in excess (images of minimum consumption are acceptable);

  • portray persons in a state of intoxication;

  • suggest that intoxication is acceptable conduct;

  • refer to any intoxicating effect that the product may produce;

  • associate or portray alcohol during before or during activities that require a high degree of alertness or coordination;

  • contain claims or representations that individuals cannot obtain social, professional, educational, athletic or financial success or status without alcohol consumption, or that individuals cannot solve social, personal or physical problems without alcohol consumption;

  • suggest that alcohol consumption is a rite of passage to adulthood; or

  • portray or encourage the use of alcohol products by persons who are, or appear to be, below the legal drinking age.

• Advertising for Alcoholic Products must fully comply with all applicable Laws and industry guidelines.

• All Alcoholic Product advertisements must contain a “responsible drinking” statement.

• Advertisements for “hangover” remedies are not acceptable.

• Any advertising for an establishment with a liquor license that wishes to advertise the availability of Alcoholic Products will also be subject to the Advertising Guidelines applicable to Alcoholic Products.

• In accordance with federal Alcohol and Tobacco Tax and Trade Bureau regulations, all Alcoholic Products advertisements (not including establishments promoting the availability of Alcoholic Products) must include a legible disclosure of the corporate name, city, and state of the brewer, producer, packer, wholesaler or importer responsible for its broadcast. Distilled spirits advertisements also must include the percentage of alcohol by volume.

Astrology, Horoscopes, Psychic Services

All advertising for astrology, character reading, fortune telling, mind reading, numerology, occultism, palm reading, phrenology, psychic services, horoscopes, and other related services must clearly state that the service is for entertainment purposes only and may not state or imply that there is any scientific grounding or validity to such services. Further, advertising in this category should avoid exaggerated promises of wealth or good fortune.

Chat Lines/Dating Services/Dating Apps

Advertisements for such services are permitted subject to the following:

• Advertisements for sexually-themed personal services are prohibited.

• Advertisements must contain disclosure that charges will be incurred.

• Advertisements must contain a sponsorship tag.

• Advertisements for such services must contain a statement that such services are for adults “age 18 or older” and disclose all material terms, specifically fees.

Contests, Sweepstakes, Lotteries, Raffles, Games of Chance and Commercial Co-Ventures

• Raffles: Advertising for raffles or any other contest that requires payment or other consideration for entry, are permitted only with the platform’s prior written consent.

• Lotteries: Advertising or information concerning lotteries, except for the lawful advertising of state-sponsored or sanctioned lotteries, is prohibited. Permitted lottery advertising includes:

  • State lottery advertising that is served in a state that conducts the state lottery.

  • Lotteries or similar schemes which are lawful in the state in which it is conducted and which is conducted by a non-profit or government organization or conducted by a commercial organization and is clearly “occasional and ancillary to the organization’s primary business.”

  • Gaming conducted pursuant to the Indian Gaming Regulatory Act.

• Other Non-Lottery Promotions: Advertising for sweepstakes, contests and other non-lottery games of skill or chance (collectively, “Promotions”) is permitted if the Promotion offers a fair opportunity for all entrants to win, does not constitute an illegal lottery, and complies with all applicable Laws. In addition:

  • Advertising for Promotions may not imply that the promotion is approved or endorsed by any government or quasi-government entity.

  • Chance-based Promotions must clearly disclose that no purchase is necessary. The Promotion must include any other disclosures that may be required, depending on the exact mechanics of the Promotion’s entry process and eligibility criteria, as governed by applicable Laws.

  • “Everyone wins” promotions (advertising that falsely or unrealistically suggests that the reader may have been specially selected to receive a prize) are not permitted.

  • Sweepstakes and games of chance may not require any payment by the winner to claim a prize, whether prior to or after having been selected as a winner, except for applicable taxes on the prize value. Promotions may not offer additional entries, prizes, bonus points, cash, or other monetary or non-monetary incentives to users in exchange for the user forwarding messages to the user’s friends and acquaintances (See also “Viral Marketing” above).

  • NOTE: Medical services/procedures may not be used as sweepstakes/contest prizing.

• Bingo: Ads for Bingo are permitted only with the platform’s prior written consent.

• Commercial Co-Ventures: When a for-profit business advertises that the purchase of a product, use of a service, or other action will benefit a charitable cause, the advertisement must disclose: (a) the period of the promotion, (b) where users can find the complete details of the promotion (e.g., a website), and (c) the amount of the donation, if the minimum and maximum donated amounts will be the same regardless of consumer participation.

Credit Repair Services

Advertising that promotes products, services or methods of removing items from a user’s credit report that are accurate and timely, but negative, is not permitted. Advertising for credit repair services that require the user to pay a fee before services are delivered is not permitted.

Dietary (Health) Supplements & Homeopathic Remedies

• In General

  • Any health claims made in connection with dietary supplements (herbs, botanicals, vitamins, minerals, amino acids, etc.) must comply with all applicable Laws regarding dietary supplements and not make unsubstantiated or fraudulent health claims. All claims must be supported by competent and reliable scientific evidence such as tests, analyses, or research studies based on the expertise of professionals in the relevant area conducted and evaluated in an objective manner by qualified persons and using generally accepted procedures to yield accurate and reliable results.

  • Physicians, dentists, nurses, pharmacists, nutritionists, physical therapists and other health professionals or actors representing them are permitted subject to sufficient documentation to support the professional endorsement of such product.

  • Advertisements for products containing any of the following ingredients are not permitted: ephedra, ma huang, chitosan, human growth hormone (whether natural or synthetic), comfrey, or pyruvate.

• Dietary Supplements

  • Any dietary supplement labeling and health-related advertising claims must prominently include the following notice: “This statement has not been evaluated by the FDA. This product is not intended to diagnose, treat, cure, or prevent any disease.” However, this notice does not relieve the advertiser of its duty to ensure that all claims have been substantiated before they appear.

  • Dietary supplement testimonials must have superimposed language that clearly and conspicuously discloses what most people can expect to experience in the depicted circumstances.

• Homeopathic Remedies

  • Advertisements for homeopathic remedy are acceptable for minor, self-limiting conditions, provided that the product is made from homeopathic ingredients recognized by the Homeopathic Pharmacopoeia of the United States.

  • If any claims made in advertisements for homeopathic remedies cannot be substantiated, the following disclaimers must be included in the spot: (a) “There is no scientific evidence that this product works,” and (b) “This product’s claims are based only on theories of homeopathy that are not accepted by most modern medical experts.”

  • The following in homeopathic remedy commercials are not acceptable: (a) claims about the safety of homeopathic remedies; and (b) claims that compare or equate homeopathic remedies with OTC or Rx drugs, explicitly or by implication.

Education

• Advertisements for organizations offering “Life Experience” degrees, or degrees for sale are not permitted.

• Institutions of higher education are permitted, provided that they are approved by one of the regional and national accrediting agencies recognized by the U.S. Secretary of Education. Please see this website for a full list of approved accrediting agencies: https://www.ed.gov

• Advertisements for distance learning courses are permitted, provided they offer legitimate learning opportunities.

Financial & Banking Advertising

• All advertising for financial services, banking services, stocks, bonds, brokerages, or trading services must comply with applicable Laws, including Federal and state securities laws.

• Advertising which purports to offer for sale any security (e.g., stocks, bonds, notes, options, warrants, or derivative instruments such as calls or straddles) or crypto-currency or other similar speculative financial products (e.g., Bitcoin, Litecoin, Ethereum, Z-Cash, Dash, Ripple, Monero) is not permitted.

• Advertisers promoting mortgage relief plans, products or services, payday loan products or services, or online loan products that require upfront fees or purport to offer credit with little or no regard for a user’s credit or collateral (e.g., “No credit? No problem!”) are permitted to be served only in the jurisdiction(s) in which such advertiser is licensed to make such loans. Such advertising must disclose all material terms, including applicable interest rates and fees beyond the advertised interest rates.

• Advertising for products that require upfront fees or purport to offer credit with little or no regard for a user’s credit or collateral (e.g., “No credit? No problem!”) is not permitted.

• The advertising of tips and other items that may constitute insider information on a particular stock or commodity is not permitted.

• Advertising may not predict or project performance, imply that past performance will recur, or make exaggerated or unwarranted claims or forecasts.

• Comparative advertisements between investments and services musts disclose all material differences between them, including (as applicable) investment objectives, costs and expenses, liquidity, safety, guarantees or insurance, fluctuation of principal or return and tax features. Advertisements for investment services must include the following or similar disclaimer: “Past performance does not guarantee future results.”

Firearms, Weapons, Ammunition and Fireworks

Except in limited circumstances determined by the platform, advertisements are not permitted that: (a) contain weapons (e.g., firearms, crossbows), (b) offer free firearms, with or without the purchase of other items, (c) promote gun shows, (d) are for stores or retail establishments that sell guns as the majority of their business, or (e) promote the sale of fireworks, ammunition or pepper spray. For more details, contact Supervisor Business Operations – Affiliate Relations at the platform at 215-286-1634.

Food & Nutrition

Any food advertising must fully comply with all applicable Laws, including any definitions and restrictions on food-related descriptive words contained in those Laws (e.g., the use of terms such as “low sodium” and “reduced calorie”).

Foreign Governments

Ads by foreign governments are permitted only with the platform’s prior written consent, and all such ads must comply with all applicable Laws, including the Foreign Agent Registration Requirements Act requirements.

Gambling: Casinos, Publications, Horse Racing, Online Gaming, “Play for Free,” Tutorial Gambling and Fantasy Sports

• Advertisements for any publication, “tip sheet,” electronic, or mechanical device whose primary purpose is the giving of odds or promotion of betting are not permitted.

• Internet tutorial “play for free” advertisements are not permitted.

• Advertisements for legalized betting, including casinos, dog racing tracks, and horse racing tracks are acceptable provided that the advertisement is not instructional in nature, does not present fictitious winners or winnings, or misrepresent actual winners or winnings, and the advertisement complies with applicable Laws. At a minimum, such advertisements must include the following disclaimers: (a) “Void where prohibited” and (b) “If you or someone you know has a gambling problem, call 1-800-GAMBLER.”

• Advertisements for sports betting facilities and online sports betting services that are duly licensed to conduct such activities by the states in which they are located are acceptable if the advertisements contains, at a minimum, the following disclaimers: (a) “All players must be 21 or older,” (b) “Only available in [applicable state]. Void where prohibited” and (c) “If you or someone you know has a gambling problem, call 1-800-GAMBLER”. In addition, sports betting advertisements may not cast sports gambling in an unrealistic light (e.g., exaggerating a user’s chance of winning or showing testimonials from actors).

• Advertisements for online horse racing services that are duly licensed to conduct online horse racing services by the states in which they are located are acceptable if the advertiser has been licensed to conduct online gaming by the applicable state, provided that such advertisements may run only in those states.

• Advertisements for fantasy sports leagues that are duly licensed to conduct fantasy sports leagues by the states in which they are located are acceptable, provided that (a) such advertisements may run only in the states in which the advertisers is duly licensed to conduct fantasy sports leagues and (b) the advertisement contains, at a minimum the following disclaimers: (1) “void where prohibited” or “not available in all areas”, (2) disclosure of the states where the legality of fantasy sports is unclear; and (3) if any offers/contests/sweepstakes are featured, there must be a “terms and conditions apply” disclaimer, with URL for official rules.

• Advertisements for online gaming services that are operated by owners of US-based brick and mortar casinos (and/or the affiliates of such casino owners) that are duly licensed to conduct online gaming services by the states in which they are located are acceptable, provided the ads run only in those states. Only Nevada, New Jersey, Delaware and Pennsylvania have passed laws that authorize the issuance of licenses for online poker and/or casino gaming. Online gaming advertisements are subject to the following requirements:

  • The advertiser must be licensed to conduct online gaming by the applicable state;

  • The advertisement must contain disclaimers that: (a) “All players must be 21 or older”, (b) “Only available in [applicable state]. Void where prohibited”, and (c) “If you or someone you know has a gambling problem, call 1-800-GAMBLER.”

NOTE: Advertisements for gambling websites that are offshore (i.e., not licensed by any United States governing authority to operate within the United States) are not permitted. Tribal jurisdictions currently do not authorize internet poker or online casino games, however, in the event tribal jurisdictions authorize online gaming, advertising that meets these guidelines may be accepted in the applicable areas.

• Products, games of chance, and contests advertising approaches not specifically referred to in the foregoing are permitted only with the platform’s prior written consent.

• Advertising permitted by this section are subject to the following:

  • The advertising may not show the exchange of actual money;

  • If any “giveaways,” sweepstakes, or non-sweepstakes promotions are mentioned in the spot there must be a URL reference to where the rules can be viewed or an address where the rules may be requested;

  • (Recommended) gambling advertisements for brick and mortar should contain a disclaimer indicating “Must be 21 or older to Gamble”; and

  • The advertising may not mislead or exaggerate one’s likelihood of winning money or other prizes.

  • Advertising for gambling applications are permitted only with the platform’s prior written consent.

Illicit Drugs

• Advertising for illegal drugs, including habit-forming drugs, drug-paraphernalia or retail establishments that promote these products is prohibited. Advertising for clinics, dispensaries, seminars, consulting business and tutorials, etc. that relate to the items described in the previous sentence are prohibited. Advertising for cannabidiol (“CBD”) products is prohibited.

• Advertisements related to marijuana are permitted only if the advertisement advocates for or against the legalization of marijuana. The advertisement may not (a) depict drugs or the use of drugs, (b) utilize slang terms for the substance, or (c) depict persons who appear to be under the influence of the drug. All spots must have a “sponsored by” or “paid for by” tag.

Medical Services and Products

• Advertising that offers discounts off of or coupons for (a) services offered by licensed medical providers or hospitals, or (b) prescription drugs are permitted only with the platform’s prior written consent.

• Advertising for medical services and products shall not contain:

  • Before/after shots with excessive nudity;

  • Overly graphic photographs;

  • Shots of the chest or below the waist line; or

  • Photos that are not in good taste or otherwise appropriate for children.

• Advertisers must include a warning before any graphic or nude content is displayed.

Money-Making Opportunities

• Advertising for pyramid or get-rich-quick schemes that promise guaranteed employment or earnings, or otherwise provide misleading information to potential participants are not permitted.

• Any advertising for money making opportunities (e.g., MLM, work at home products, etc.) must disclose all material terms that an ordinary person would require in making a fully informed judgment about whether to purchase the product or service being offered.

Motion Picture Advertisements

• Advertising for domestic theatrical films must include an MPAA rating in a font large enough to be read by viewers.

• Advertising for “X-rated” and similar “adult” films are prohibited. Films or programs with “NC-17”, “MA” or “R” ratings are permitted only with the platform’s prior written consent.

Over-The-Counter Medications

• All over-the-counter (“OTC”) medications advertised must be approved by the Food & Drug Administration (“FDA”).

• All health-related claims for OTC medications, including any claims with respect to the efficacy of the product, must be properly substantiated with reliable scientific and/or clinical evidence.

• Advertising for “non-label” uses of OTC products (uses not formally recognized by the FDA - e.g., taking aspirin to prevent heart attack) are not permitted.

Personal Products

• Advertisements for personal products (e.g., tampons, sanitary pads, feminine hygiene products, incontinence products) are permitted, subject to the following:

  • products are presented with care and sensitivity;

  • advertising does not contain false health claims;

  • all visuals or copy are in good taste, appropriate and not overly graphic; and

  • graphic representations dealing with body function and mechanics are not allowed.

Pharmaceuticals/Prescription Drugs

• All “Direct to Consumer” prescription drug advertising must comply with all applicable FDA guidelines and standards for such advertising.

• Prescription drugs may only be advertised for uses approved by the FDA; “off-label use” advertising is prohibited.

• Advertisements must clearly advise consumers to consult a healthcare professional or call their doctor. Advertisements may not state or imply that prescription drugs may be obtained without a prescription or on the basis of an online questionnaire or online consultation.

Piracy and Infringing Activity

• Advertising that is for a service, product or other mechanism that is used to infringe the intellectual property rights of others is not permitted. Infringing activity includes, but is not limited to:

  • The illegal dissemination of content, or the selling or offering of content on an unauthorized platform or by an unauthorized user in a way that infringes the intellectual property rights of the owner of such content.

  • The circumvention of restrictions imposed by an owner of content with regard to the geographic reach of its content or other viewing options deemed permissible by such owner.

  • The circumvention of copyright, trademark, or other proprietary notices marked by an owner of content.

  • Uploading, sharing, obtaining, modifying, or accessing content in a way that was not intended or authorized by the owner of such content.

  • An advertisement for a service, product or other mechanism that is used for infringing activity is not permitted regardless of whether such infringing activity is featured in the advertisement.

Political/Issues Advertising

All advertisements that relate to political, religious, or charitable organizations or causes are permitted only with the platform’s prior written consent.

Professional Services

• Advertising for professionals (lawyers, doctors, CPAs, dentists, psychologists and other established, recognized professionals) may not contain professional advice or other materials that would, under a reasonable standard of care, ordinarily be given in the presence of a practitioner- client relationship.

• It is the advertiser’s responsibility to ensure that all professional advertising complies with the relevant and applicable ethical standards for that profession.

Public Service Announcements (PSAs)

• Public Service Announcements (“PSAs”) are meant to inform the public of the work of charitable, governmental and non-profit organizations and other services available to the public. PSAs must be consistent with the objectives of the sponsoring organization, must accurately reflect the organization identified with the spot, and all claims must be substantiated.

• Discussions of controversial issues of public importance or religious doctrine are not permitted in PSAs.

• PSAs that show or reference commercial products, services or corporate names are not acceptable.

• PSAs in which funds are requested are permitted only with the platform’s prior written consent.

• In all instances the identity of the sponsor must be clearly set forth in the advertisement.

Religious or Charitable Organizations, Issues or Causes

• All advertisements that relate to religious or charitable organizations or causes are permitted only with the platform’s prior written consent.

• The following advertising is not acceptable:

  • Advertising that states or implies superiority/exclusivity.

  • Advertising that is disparaging to another religion.

  • Advertising that proselytizes sectarian doctrine or dogma.

  • Advertising that solicits funds.

  • Advertising that uses religious imagery.

Telemedicine

Except in limited circumstances determined by the platform, advertisements for any platform, including applications and services using two-way video, and other forms of telecommunications technology, that facilitates the use of medical information exchanged from one site to another via electronic communications to (1) diagnose and treat patients and (2) sell and deliver prescription drugs and/or other regulated healthcare products, including dietary supplements and over the counter drugs are not permitted. For more details, contact Supervisor Business Operations – Affiliate Relations at the platform at 215-286-1634.

Tobacco

• Advertising for cigarettes, little cigars, smokeless tobacco, electronic cigarettes/inhalers, vapor or vaping products, chewing tobacco, snuff tobacco, or products that promote smoking or tobacco use are prohibited. Advertising for hookah pipes is acceptable with the platform’s prior written consent.

• Advertisements that depict the use of tobacco products are prohibited, except that:

  • advertisements that are anti-smoking in nature (e.g., youth smoking prevention campaigns by tobacco companies) are permitted with the platform’s prior written consent;

  • advertisements for “stop smoking” products (e.g., patches, 12-step programs, etc.) are acceptable; and

  • advertisements for clinics and products for the purpose of assisting people to stop smoking are acceptable.

• Advertising for other tobacco products (pipes, cigars, hookahs), related paraphernalia and stores specializing in such products may be accepted only with the platform’s prior written consent, but no form of or reference to prohibited content shall be included with acceptable content, including, but not limited to, the use of generic descriptive terms (e.g., “tobacco products” or “tobacco”) anywhere in the spot, including the establishment’s logo. There shall be no depiction of pricing or the use of any form of tobacco.

• Every cigar package and advertisement is required to clearly and prominently display one of the five following warnings on a rotating basis:

  • SURGEON GENERAL WARNING: Cigar Smoking Can Cause Cancers Of The Mouth And Throat, Even If You Do Not Inhale.

  • SURGEON GENERAL WARNING: Cigar Smoking Can Cause Lung Cancer And Heart Disease.

  • SURGEON GENERAL WARNING: Tobacco Use Increases The Risk Of Infertility, Stillbirth And Low Birth Weight.

  • SURGEON GENERAL WARNING: Cigars Are Not A Safe Alternative To Cigarettes.

  • SURGEON GENERAL WARNING: Tobacco Smoke Increases The Risk Of Lung Cancer And Heart Disease, Even In Nonsmokers

• Permitted tobacco product display advertisements are permitted only if directed to users 18 years of age or older, as indicated by registration data provided by the user (and, where technically possible, managed through a persistent cookie or industry standard means). Such registration data can be provided either to the platform or to the party that sells or serves the advertisement.

Tune Ins

“Tune in” spots (i.e., spots that contain language that encourages viewers to tune in to programming on a particular network) are permitted. “Tune away” spots (i.e., spots that contain language that encourages viewers to tune away from a particular network, program or service) are not permitted. Words like “tonight”, “tonight at 10” and “tonight on a [specific network]” are tune in messages and are acceptable. Words like “switch”, “watch now,” and “on now” are tune away messages and will not be accepted.

Video Games and Gaming Software

• Advertising for video games and computer software must contain an audio and video disclosure of the ESRB (Entertainment Software Rating Board) rating. Extreme violence, dangerous behavior, anti-social behavior and sexual themes are not acceptable. Advertising for M-Rated video games are permitted only with the platform’s prior written consent.

• Advertising for gaming apps are permitted only with the platform’s prior written consent.

Weight Loss Products/Services

• Advertising for any products or services for the reduction, gain or control of weight products may not depict or be specifically targeted to children or teens and must comply with established nutritional evidence and medical opinion.

• Weight loss advertising may not suggest that the product alone is effective for weight loss without acknowledging the importance of diet, exercise and restriction of caloric intake in any weight loss program.

• Advertising for weight loss products shall not make any unrealistic claims about the amount of weight loss that can be reasonably expected from using the product.

• Mentions of specific amounts of weight loss must be accompanied by a disclosure of the amount of time it took to lose the weight (e.g., “I lost 4 pounds in two weeks.”).

• Any weight loss advertising must disclose that results will vary from person to person, and where the demonstrated weight loss for an individual appearing in an advertisement is not typical, a phrase such as “results not typical; individual results may vary” must be clearly and conspicuously disclosed.

• Any claims made in testimonials must be properly substantiated or include a disclaimer that the results described in the testimonial may not be typical.

• Weight loss testimonials must have superimposed language that clearly and conspicuously discloses what most people can expect to lose or experience in the depicted circumstances (e.g. “most women who follow our plan for 6 months lose at least 15 pounds”).

• All weight loss claims must be supported by valid and reliable scientific evidence. Studies must provide strong evidence that the advertised product, as part of a diet and exercise program, resulted in weight loss above and beyond weight loss caused by diet and exercise alone. Study subjects should be representative of the targeted audience.

• The FTC has issued a document that warns against deceptive weight loss claims entitled Gut Check: A Reference Guide for Media on Spotting False Weight Loss Claims. Advertisements must comply with the Federal Trade Commission guidelines. Consistent with the FTC's recommendations, the following claims relating to a weight loss product are not permitted:

  • Causes weight loss of X pounds or more over a certain time period without dieting or exercise;

  • Causes substantial weight loss no matter what or how much the consumer eats;

  • Causes permanent weight loss even after the consumer stops using product;

  • Blocks the absorption of fat or calories to enable consumers to lose substantial weight;

  • Safely enables consumers to lose more than three pounds per week for more than four weeks;

  • Causes substantial weight loss for all users; or

  • Causes substantial weight loss by wearing it on the body or rubbing it into the skin.