Advertising Content Policy
 

Spigot, Inc. (“Company”) has created this Advertising Content Policy (this “Policy”) to set down binding obligations on third parties who enter into agreements with Company for the provision of advertising and other services on behalf of Company and/or the display of Advertising Materials (as defined below) on Company owned or operated web pages, domains, properties, applications, mobile devices, or other platforms (collectively, “Company Properties”).

This Policy is incorporated into all Company advertising agreements, master services agreements, affiliate agreements, insertion orders, and any other Company agreements that reference this Policy, and as such, is binding at all times on third parties who provide advertising and other services on behalf of Company and/or display Advertising Materials on Company Properties. Company reserves the right to refuse any Advertising Materials that Company believes to be in violation of this Policy without liability to any Partner.

General

All advertisements (in any form including graphical, audio, video, multimedia, or text-based), listings, landing pages linked to advertisements, artwork, copy, articles, images, Flash, rich media, audio/video files, procured content, code, directories, databases, trade dress, and all related technical features or other creative elements (collectively, “Advertising Materials”) used in connection with the provision of advertising and other services on behalf of Company and/or to be displayed on Company Properties must meet the standards and requirements of this Policy. Company retains sole discretion regarding this policy including its application and interpretation.  Company may change this policy at any time by posting an updated version of this Policy to Company’s website.

All Advertising Materials must be professional, clear, precise, and directly related to and representative of all content linked to the advertisement. In addition, all Partners and Advertising Materials must comply, at all times, with all relevant laws, rules, and regulations, including without limitation truth in advertising and advertising disclosure requirements imposed by the Federal Trade Commission.

Content Restrictions

Company partners, affiliates, publishers, advertisers, agencies and their respective affiliates (collectively, “Partners”) may not use any Advertising Materials in connection with the delivery of any services to Company or for display on Company Properties that promote any of the following:

  • Products and/or services that promote, encourage, facilitate, obfuscate and/or result in the violation of any applicable law, rule and/or regulation in the jurisdiction(s) in which such Advertising Materials will be displayed;
  • Discrimination, defamation, prejudice and/or violence against any individual and/or group based on race, religion, ethnicity, national origin, color, gender, sexual orientation, age, disability, veteran status, or any protected classification in the jurisdiction(s) in which such Advertising Materials will be displayed;
  • Gratuitous sex, violence and/or profanity;
  • Products and/or services that promote, encourage, facilitate, obfuscate and/or result in fraud;
  • Online gaming, including online bingo, lotteries, casinos, sports books, poker, mahjong, blackjack, among other games of chance, as well as any goods or services related to any of the foregoing, which could result in the violation of any applicable law, rule and/or regulation in the jurisdiction(s) in which such Advertising Materials or content will be displayed;
  • Prescription drugs or products represented to have the effects of prescription drugs, where the website to which the Advertising Materials direct an Internet end-user is not verified through PharmacyChecker’s Verification Program (https://www.pharmacychecker.com/sealprogram/choose.asp) and/or which could result in the violation of any applicable law, rule and/or regulation in the jurisdiction(s) in which such Advertising Materials will be displayed;
  • Pornography, expressly including any such content or materials involving anyone under the age of 18 years old, non-consensual sexual activity, bestiality, necrophilia, incest, or sexually suggestive materials involving anyone under the age of 18 years old in any way;
  • Malware, spyware, or other malicious code or software;
  • Piracy (of software, videos, audio/music, books, video games, etc.), hacking/cracking/phreaking, content unlockers, emulators/ROMs, or violations of the rights of others, such as intellectual property or privacy rights;
  • Illegal investment, money making opportunities, pyramid schemes; and/or
  • Activities that promote, encourage, facilitate, obfuscate, and/or result in or might generally be perceived to be a threat or perceived threat to public or national security.

Additionally, Partners may not use Advertising Materials in connection with the delivery of any services to Company or for display on Company Properties that:

  • Utilize, infringe or misappropriate Company’s or a third party’s copyrighted materials without the express permission of Company or such third party copyright holder;
  • Utilize, infringe or misappropriate Company’s or a third party’s federal trademarks, trade secrets, patents, or other rights without the express permission of Company or such third party, including without limitation the use of brands and/or logos that are not associated with the product or service being offered;
  • Utilize the names and/or likeness of any celebrity without the express permission of such celebrity;
  • Contain “fake news” or deliberate disinformation or hoaxes;
  • Violate the formats or designations set forth in any agreement with Company with respect to the type of Advertising Materials that will be accepted (e.g., no-adult, gambling, Flash, HTML only, animated, advertising sizes, image quality, ad layout, etc …);
  • Contain a URL that links to a non-functional website or links to a website other than the website referenced in the URL;
  • Have the effect of disabling tracking by Company when such Advertising Materials are displayed to an end-user;
  • Contain pre-populated boxes or deliver an end user to a location other than the location reasonably represented by such Advertising Materials;
  • Expand, pop up, or otherwise obscure any portion of Company Properties by any means or in any way without an end user’s consent as reasonably demonstrated through his or her affirmative action (e.g., click) on such Advertising Materials;
  • Contain language and/or offers that refer to potential computer threats, viruses, file damage and related materials that might compel an end user to artificially interact with the Advertising Materials;
  • Contain offensive, deceptive or inappropriate language, dark patterns, and/or images;
  • Contain any material that is fraudulent, libelous, slanderous, defamatory, harmful, harassing, abusive, discriminatory, threatening, violent, vulgar, offensive, indecent, profane, obscene, in breach of any confidence or any other right of any third party, illegal (in any jurisdiction(s) in which the Advertising Materials will be displayed), or in any way promotes or encourages any unlawful act;
  • Contain misleading, manipulative, deceitful, unsubstantiated, inaccurate, and/or unsupported claims about the product(s) or service(s) being advertised;
  • Contain viruses, malware, spyware, trojan horses, worms, time bombs, cancelbots, corrupted or malicious files or software, or other similar harmful or deleterious programming routines; and/or
  • Install any program on an end user’s computer or replace an end user’s home page without such end user’s express and informed consent.

Privacy Concerns

All Advertising Materials shall direct end users to websites or applications that contain a conspicuously posted privacy policy that complies with all applicable laws, rules, and regulations in the jurisdiction in which the end user viewing the Advertising Materials is located. The terms of the privacy policy shall be adhered to by Partner in all respects. Partner shall not undertake any action which results in the violation of any applicable privacy law or any of the following industry standards:

Competitive Advertisements

Company reserves the right to refuse any Advertising Materials it deems competitive or contrary to Company’s best interests, including without limitation the acquisition of push allow users.  Company reserves the right to reject any Advertising Materials that are or may tend to bring disparagement, ridicule, or scorn upon Company, its other advertisers and publishers, or its or their affiliates.

Summary

Company reserves the right to reject any Advertising Materials that do not meet any portion of the above Policy, as determined by Company in its sole and absolute discretion and without liability to any Partner.  Display of Advertising Materials that are in violation of the above Policy shall be deemed a material breach of the agreement Partner has with Company. Notwithstanding anything to the contrary set forth in the agreement, Company reserves the right to disclose your identity to any legal authority in connection with any violation of this Policy.