Content and Advertising Standards

CONTENT STANDARDS

All content produced or displayed or accessible in Ad(s) or Advertising Material(s) which are provided by Advertiser and/or Agency hereunder must comply with all applicable laws, rules, and regulations, and must not, in whole or in part:

Contain anything that is obscene, pornographic or indecent including but not limited to content that contains sexually explicit images or activity, nudity, pedophilia, how-to materials about pedophilia or other non-consensual contact, incest, bestiality, child sexual exploitation, or anything with strong sexual, explicit, erotic or highly suggestive themes, or that links to such content;
Contain hate speech or advocate the superiority of a specific race/ethnic group;
Contain excessive violence in theme or in treatment;
Contain extreme profanity or vulgarities;
Contain material that is repulsive, offensive or that is not socially acceptable;
Contain misleading or fraudulent claims;
Contain material that is defamatory or libelous;
Promote or glamorize alcohol abuse, illegal drug use or use of tobacco products;
Contain material constituting or relating to a lottery, a contest of any kind in which the public can win prizes of cash or other property; or any enterprise, service, or product which would tend to encourage, aid, abet,  assist, facilitate or promote gambling, whether or not such gambling is illegal or legal;
Contain harassing, abusive, unlawful, fraudulent, or phishing activities, where the user is asked to give personal information (telephone number, bank details and etc.);
Contain content that has links to spyware, malware, bad ware, corrupted files viruses, or other materials that are intended to or damage or render inoperable software of hardware;
Contain content or material promoting or containing links that violate or infringe upon any third party intellectual property rights or any other third-party rights, including but not limited P2P file-sharing, torrent, or anything that facilitates or promotes copyright infringement; or
Ad(s) or Advertising Material(s) that provide access to services that enable the posting or transmission of content or material generated by members of the general public, including, without limitation, chat programs, bulletin boards, blogs, photo or video portals and social networks must comply with applicable laws, rules and regulations and incorporate safeguards aimed at protecting users, particularly children and teens, from abuse, fraud and other inappropriate conduct or activities. At a minimum, these safeguards should incorporate the following:
Prominently disclose the existence and nature of the safeguards in Ad(s) and Advertising materials;
Conform relevant business practices to the disclosures made about the safeguards;
Establish processes to accept complaints from subscribers about nudity, pornography, harassment, unwelcome contact, fraud or other inappropriate conduct or activity and the ability for Advertiser and users to block any contact from other users;
Establish processes to immediately (within 24 hours) acknowledge receipt of a complaint about inappropriate conduct or activity and promptly (within three (3) business days) provide an explanation to the complainant of the steps taken to address the complaint; and
Establish processes to ensure compliance with applicable laws, rules and regulations, including but not limited to, age verification. All content must comply with applicable industry standards and best practices and Digital Turbine’s and Publisher’s commercial practices. Digital Turbine will decide, in its sole discretion, whether the content, material or services provided complies with these standards. Digital Turbine may change these guidelines at any time upon prior written notice to Advertiser.

ADVERTISING STANDARDS

Ads may not contain any material that is misleading, inaccurate, or that makes fraudulent or unfair competitive claims or that makes insufficiently supported claims or claims that distort the true meaning or practical application of statements made by the Advertiser. In addition, Ads may not contain material that is patently offensive or which violates the law (e.g., libel, copyright, trademark, right of privacy, etc.) and must comply with community standards of decency and good taste. All Ads must comply with applicable advertising standards adopted by various associations for specific products and services.

All Ad(s) and Advertising Material(s) must also comply with applicable industry standards (e.g., Mobile Marketing Association’s Best Practices, CTIA’s Wireless Content Standards, FTC Guidelines, etc.). Advertiser acknowledges and agrees that Company will decide, in its sole discretion, whether the advertising, content, material or services provided in or through the Ad(s) or Advertising Materials complies with these standards. Advertiser further acknowledges and agrees that Company may change these guidelines at any time upon prior written notice.

Advertiser agrees to comply with Media Company’s Advertising Guidelines. Advertiser must follow and be in compliance with all general industry rules, regulations, and laws. In addition to the foregoing, Ads may not contain any material that falls into the following categories or that links to such material:

Anything that is obscene or indecent or that contains strong sexual, explicit or erotic themes; or
Products or sites depicting or providing how-to materials about pedophilia or other non-consensual contractor
Products or sites that suggest the availability of prostitution services; or
Products or sites that advocate, glorify or promote rape, torture, cannibalism, suffering, or death; or
Individuals seeking to adopt children or who offer children for adoption; or
Products that descramble cable or satellite signals in order to get free services; or
Products that promote software or techniques that bypass copyright protections; or
Counterfeit, fake, or bootleg products or replicas or imitations of designer products; or
Promotes nudity, nude beaches, or naked cruises or resorts; or
Products or sites that appear to facilitate or promote the evasion of laws (e.g., radar detectors); or
Products made from endangered species; or
Products or sites that offer fake identification or falsified documentation; or
Promotes the sale of firearms or ammunition by mail order or at gun shows; or
Products or sites that have online gambling as a central theme; or
Promotes illegal wagering on horse racing or sporting events
Trivializes historic events such as the Holocaust, the Irish Famine, or September 11th; or
Hunting trips that guarantee animals will be available for kill; or
Multilevel marketing schemes; or
Organ transplant services; or
Products or sites that guarantee credit repair or credit cards; or
Products or sites of questionable legality (e.g., miracle cures, etc.); or
Escort services or “strip” clubs; or
Hate speech; or
Excessive violence; or
Defamatory, libelous, or threatening sites; or
Extreme profanity; or
Depicts, promotes or is designed to facilitate alcohol abuse, illegal drug use, or use of tobacco products;
Ads that misrepresents, ridicules, or attacks an individual or group on the basis of age, national origin, race, ethnicity, religion, sex, sexual orientation, or handicaps.

Advertiser warrants and represents that it will continue to have the requisite expertise, skills, knowledge, and experience in place to sufficiently comply with the aforementioned policy. If Advertiser has questions or problems with an advertisement it will proactively seek advice and guidance from Media Company business representatives.

Escalation: Advertiser agrees to establish a process to immediately acknowledge receipt of a notice from Media Company about any advertisement that does not comply with the Advertising Standards and promptly (within 24 hours from receipt of notice) provide an explanation to Media Company or Publisher‘s Advertising Standards representative or other business representative as to the placement of this advertiser.