Compliance Policy – Affiliates

Email Guidelines

• Publishers must use html/text creatives, from/subject lines provided by Modern Vision Media.

• Suppression list must be downloaded and scrubbed against publisher’s mailing list prior to each email deployment.

• Before making any changes to creatives or from/subject lines publishers must first obtain written approval by a Modern Vision Media representative before email deployment.

• Publisher must provide unsubscribe link and physical address in addition to advertiser’s unsubscribe information that is provided with each creative.

• All emails must be compliant with the CAN-SPAM ACT 2003
http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm

• Under no circumstances can suppression lists be harvested as a list to send
commercial emails to.

• Publishers must mask all redirects and host all images.

• Publishers must carry full opt-in records for all addresses on their mailing list.

• You shall disclose all Internet Protocol (”IP”) addresses with which You conduct any and all transactions, business and/or operations as a part of Your Publisher relationship with Modern Vision Media.

• You shall distribute such e-mails and/or e-mail-based Creative only to those recipients who have expressly agreed via “Confirmed Opt-in” or “Verified Opt-in” (”Opt-In”) to receive such transmissions from You. You shall not distribute Publisher E-mails and/or e-mail-based Creative using improperly acquired or generated e-mail addresses (whether obtained by automated means from websites, services or otherwise, or generated by automated random combinative algorithms). In addition, You shall maintain electronic and/or tangible records evidencing the subscription of such consumers to Your lists for verification by Company as required. This verification information must include, at a minimum, the date, time, originating IP address and location where the e-mail address or other recipient information was submitted and, if applicable, a copy of the subscription form used. If requested, You shall explain and provide examples of the mechanisms that You use (historically and currently) to obtain and build Your list of subscribers.

• You shall only distribute Publisher E-mails and/or e-mail-based Creative that include a valid sender domain name and/or responsive IP address. You shall only distribute Publisher E-mails and/or e-mail-based Creative, as applicable, from a valid sender domain name and/or responsive IP address that You have authorization to utilize for the purposes of sending commercial e-mail. You shall not relay or retransmit Publisher E-mails and/or e-mail-based Creative in order to mislead or deceive as to the origin of the Publisher E-mails and/or e-mail-based Creative, as applicable, nor shall Publisher E-mails and/or e-mail-based Creative be transmitted from e-mail accounts registered to false owners.

• You shall only distribute Publisher E-mails and/or e-mail-based Creative that clearly indicate the e-mail address to which the Publisher E-mail and/or e-mail-based Creative, as applicable, is sent (the intended recipient’s email address) in the body of the message or in the “TO:” line of the applicable email message.

• Company strictly forbids the display of sexually explicit materials via Publisher E-mail and/or e-mail-based creative.

• You represent and warrant that Your Publisher E-mail and/or e-mail based Creative, as applicable, will not contain objectionable content (including, but not limited to, content that is misleading, libelous, defamatory, obscene, offensive, violent, bigoted, hate-oriented, illegal and/or that promotes illegal goods, services and/or activities).

• You shall only distribute Publisher E-mails and/or e-mail-based Creative that include valid and responsive contact information of the sender, list manager and/or list owner. This contact information shall include Your valid physical postal address (provided that a post office box is not considered a valid physical mailing address) and, optionally, Your phone number. Company reserves the right to add such address(es) should Publisher fail to include same, but Company is in no way responsible for including such address(es) where Publisher fails to do so. You must not use any invalid or erroneous e-mail header information (including, without limitation, source, destination, domain, IP address and/or routing information).

• Each Publisher E-mail and/or e-mail-based Creative that You send must include a functioning unsubscribe link, through use of which e-mail recipients may request not to receive future commercial e-mail messages from Publisher with respect to any Program, or other e-mail contact generally. Such unsubscribe link must remain active and capable of receiving opt-out requests for no less then thirty (30) days after transmission of the underlying e-mail message.

• You shall process any and all unsubscribe requests within five (5) business days or less from the date of Your receipt of such requests. In addition, You shall maintain electronic and/or tangible records evidencing the removal of such e-mail address(es) from Your lists, together with any and all deleted e-mail address(es) provided to you by Company, for verification by Company as required.

• Where any recipient of Your Publisher E-mails and/or e-mail-based Creative requests and/or inquires with You regarding the location where such consumer Opted-In to receive e-mail marketing from You, You must respond to such request and/or inquiry within seventy-two (72) hours of receipt of same. Your response to such inquiries must include, at a minimum, the date, time, originating IP address, URL and the location where the applicable e-mail address or other consumer information was submitted.

• You shall only distribute Publisher E-mail and/or e-mail-based Creative that include language in the body of the Publisher E-mail and/or e-mail-based Creative, as applicable, that clearly and conspicuously identifies that the message is an advertisement or solicitation.

• Each Publisher E-mail and/or e-mail-based Creative that You distribute shall include a live, functioning hyperlink to an associated privacy policy that meets the test of reasonable commercial best practices applicable to privacy policies in general. Your e-mail marketing activities must adhere to Your applicable privacy policy, in both letter and in spirit, in all respects and with no exceptions. The subject privacy policy must be available for viewing from each domain associated with Your e-mail transmission.

• Your promotion of Programs via Publisher E-mail and/or e-mail-based Creative must not infringe, misappropriate or otherwise violate any copyright, patent, trademark, trade secret or other similar intellectual property right, or otherwise violate or breach any duty toward, or rights of, any person or entity including, without limitation, rights of privacy and publicity; and, must not result in any consumer fraud, product liability or breach of contract to which You are a party or cause injury to any third party.

• You shall not use Modern Vision Media’s or its Advertisers’ names (including any abbreviation thereof) or any trademark, trade name, service mark, logo or other Modern Vision Media identifying information in the originating or return e-mail address line, header or subject line of any Publisher E-mail and/or e-mail-based Creative transmission unless otherwise directed to do so by Company in writing.

Adware/Software Add-ons

• Downloadable Software must not be installed on a user’s computer without first obtaining the user’s informed consent. Obtaining informed consent requires first giving users clear, concise, accurate information and notice about the material consequences of the programs that they are about to install in plain language including, without limitation: (i) a comprehensive license presented in full; (ii) the Downloadable Software vendor’s legal name, mailing address, phone number and place of incorporation (if any); (iii) a statement of effect of installation including, without limitation, any changes made to computer settings such as home page, connection provider, proxy, bookmarks, etc.; (iv) a statement of the information tracked, transmitted and/or collected, if any; (v) full-size examples of advertisements that they may receive as a result of downloading the Downloadable Software, if any; and (vi) disclosures of the frequency of advertisement display, as applicable. Such information and notice provided to the user must: (i) appear in a conspicuous manner, clearly distinguished from other on-screen text; (ii) remain on screen until the user grants or denies consent; and (iii) provide an option for providing additional explanation about the type of information to be collected, if any, and the purpose of such collection. The plain language used in the notice shall not be indirect or euphemistic. For example, without limitation: (i) if a program will show pop-up advertisements, proper notice and informed consent generally require use of the phrase “This program will show pop-up advertisements”; (ii) if a program will gather and transmit information about the user, the notice should read “This program will collect and transmit information about you”; or (iii) if the program uses information collected to target advertising to the user, the notice should read, “This program will collect information about Web pages that you access and will use that information to display advertising on your computer.” Obtaining informed consent also requires a clear, unambiguous and affirmative manifestation of consent (for example: requiring a user to press an appropriate affirmative button such as “I agree” and not merely pressing “Next” or accepting a pre-checked box). There must be a separate manifestation of consent for each item of Downloadable Software loaded on to the user’s computer, and Publisher is prohibited from downloading a bundle of programs after receiving only one indication of consent. Without limitation, an ActiveX installation prompt (with nothing more) is not deemed to have obtained informed consent.

• Ongoing and continuing use of Downloadable Software must not surprise users with notices, disclosures or behaviors inconsistent with the applicable Downloadable Software’s initial solicitation, disclosures and notices. For example, if the applicable Downloadable Software’s initial solicitation described the underlying software program as offering “free smileys,” the applicable program cannot later add the requirement that users also accept pop-up advertisements.

• Downloadable Software must not solicit users via improper channels. Without limitation, solicitation on websites that are substantially intended for viewing by children is considered inappropriate and prohibited by Company and this AUP. Children’s websites may be identified via website language and/or formatting, common sense and/or factors established in Federal Trade Commission regulations including, but not limited to, the Children’s Online Privacy Protection Act (“COPPA”). Company expressly reserves the right to make the final determination as to the character and intended audience of any and all websites. Without limitation, solicitations substantially catering to children (e.g., cartoons, dolls, child-oriented games, etc.) are not appropriate.

• Downloadable Software must offer users a genuine, substantial benefit in exchange for the consideration represented by accepting the underlying advertisements (the “Benefit”). If the Downloadable Software merely shows advertisements, without offering anything substantial in return (no Benefit), it is unlikely that the underlying software program offers users a fair value. If the underlying software program’s claimed Benefit is otherwise generally available elsewhere at no cost, the program is unlikely to offer users a fair value. If the underlying software program’s claimed Benefit is a mere trinket or triviality, the program is unlikely to offer users a fair value. If a program’s advertisements appear whenever a user uses his computer, or whenever a user uses his web browser, even if the user never makes use of the program’s Benefit, then the program may not offer users a fair value. Company reserves the right to determine, in its sole discretion, if the Downloadable Software’s claimed Benefit represents a fair value to users.

• Downloadable software cannot steal/hijack affiliate cookies to generate leads or sales.

• Users must easily be able to identify and understand the nature of the Downloadable Software’s effects both prior to, and after, installation. If the Downloadable Software displays advertisements outside of its program window, each such advertisement must be labeled with the Downloadable Software program name. Each such advertisement must include a link, button or other mechanism whereby a user can learn more about: (i) the Downloadable Software presenting said advertisement; (ii) the specific manner in which the Downloadable Software was installed (including what offer is associated with that Downloadable Software); (iii) the specific date and time that the Downloadable Software was installed; and (iv) how the Downloadable Software can be removed (including a removal feature requiring not more than two (2) additional clicks). Without limiting the generality of the foregoing, the Downloadable Software and associated information, disclosures and notice, must not: (i) falsely claim that the Downloadable Software will be disabled by the user’s actions; (ii) remove or disable security software; or (iii) take control of the computer (by accruing dial-up charges, or by opening a series of advertisements that can only be stopped by turning off the computer).

• Downloadable Software must not show advertisements that are unreasonably frequent or unreasonably intrusive. Software must only show one advertisement per site.

• Each advertisement shown via the Downloadable Software must appear entirely on-screen, with no portion of its body or title bar off-screen. Each advertisement shown via the Downloadable Software must be reasonable in size, and may not unreasonably cover (or reduce the visible area of) any underlying web page that a user had requested. An advertisement shown via the Downloadable Software may not wholly replace, or redirect a user away from, the page or website that the user had requested. Advertisements triggered in response to the user’s attempt to access a specific web address or search of a trademark are strictly prohibited absent the express consent of the applicable website and/or trademark owner, as applicable.

• Each advertisement shown via the Downloadable Software must be closable by a user using ordinary operating system functions. Without limitation, on standard Windows operating PCs, freestanding advertising windows (“pop-up” and “pop-under”) must be closable by clicking the upper-right hand corner “X,” the upper-left hand corner “Control Menu,” the Alt-F4 key, right-clicking on the applicable advertisement’s title bar (and choosing “Close”) and/or right clicking a Taskbar entry (and choosing “Close”). This ability to close such advertisements must be accompanied by an option to facilitate the removal of the Downloadable Software itself at each instance of advertisement presentation.

• Downloadable Software must not display advertising in illegitimate formats, outside of ordinary commercial norms. Without limitation, each of the following advertising formats requires special explicit user consent, which shall consist of a specific question to the user, clearly articulating the specific action to be taken and which must allow the user to grant or deny consent without any collateral consequences: (i) placing icons on a user’s desktop or “Start Menu” (or similar location); (ii) directly routing the user to specific websites; and/or (iii) adding entries to a user’s “Favorites” menu (or similar location). Downloadable Software may not be used to attack another program, to record a user’s passwords, or to send bulk e-mail to other users.

• Downloadable Software must include an associated privacy policy that meets the test of reasonable commercial best practices applicable to privacy policies. Downloadable Software must adhere to its applicable privacy policy, in both letter and in spirit, in all respects and with no exceptions. The subject privacy policy must be available for viewing prior to the Downloadable Software program’s installation procedure and thereafter, as well as from such program vendor’s website.

• A user must be able to remove Downloadable Software via the standard function within the user’s operating system (e.g. Control Panel – Add or Remove Programs). A removal procedure must be free of cost and may not unreasonably hinder removal, e.g. via extended procedures, convoluted language or confusing user interface elements or placement.

• Downloadable Software must use a consistent, single, clear name. That name must be shown in the Downloadable Software program’s initial advertising (i.e. to recruit users), in its installation notice and consent procedures, on any advertising and in its uninstall procedure. A Downloadable Software program may not use multiple names within the scope of its relationship with a single user. A Downloadable Software program may not change its name unreasonably frequently (including, without limitation, more than once per twelve-month period). The company responsible for producing and/or distributing the applicable Downloadable Software may not use an unreasonably high number of product names or brand names in its dealings with multiple users. The entity responsible for producing and/or distributing the applicable Downloadable Software may not use an unreasonably high number of product names or brand names to obfuscate, hide or otherwise confuse its identity. Program names, and company names, may not be substantially misleading, confusing, duplicative, generic or hard to locate via a standard search (e.g. “Windows Plugin,” “Search Toolbar,” “Click Yes”).

• Company strictly forbids the display of sexually-explicit materials via the Downloadable Software No Downloadable Software may display content that fails to satisfy all of the requirements of Section 2 of the Terms and Conditions.

• The applicable Advertisers’ Creative and/or Offers should not appear in Downloadable Software except when such Advertisers specifically approve of those placements. Modern Vision Media Creative and/or Offers may not be displayed within third-party traffic purchases from Downloadable Software (whether in the form of pop-ups, pop-unders or via any other media).

• Downloadable Software must not come bundled with programs that violate the terms and conditions of the Agreement.

Lead Generation Guidelines

• Data Collection

• Publishers cannot hide fields without consumer disclosure.

Hiding fields entails collection of personally identifiable information by the publisher and the transmission of that data to the advertiser without notifying the consumer which data will be shared. Personally identifiable information that is entered on the publisher’s website prior to the consumer’s interaction with an advertiser may be pre-populated in an offer form, but cannot be passed without providing the opportunity for the consumer to review that information.

For example, if a consumer’s email address is known from the publisher’s registration page, it may be pre-populated on the offer data form in the appropriate field. This allows the consumer to easily review and edit his/her data, if necessary, and make an informed decision on whether he/she wants to share that data with the advertiser.

• Publishers cannot sell data that the consumer has provided during registration or on/in an advertiser offer form to other companies to use to market itself to the consumer without the consumer’s knowledge or choice.

Publishers who host lead generation offers within another publisher’s registration process may use the collected data for improved optimization and targeting of subsequent offers. If the data is used for this purpose, the publisher must disclose usage of that data in their terms and conditions.

• Publishers and advertisers must disclose if the data collected will be shared with third parties.

• No sharing of personally identifiable information with 3rd party marketers for the purpose of sending email, without consent

Web sites that capture Personally identifiable information should not engage in sharing or sale of such data with any 3rd party marketers for the purpose of sending email, unless the consumer has consented to share their email address with 3rd parties. Web sites that do share Personally identifiable information with 3rd party marketers, as outlined herein, must disclose to consumers that this will occur. Disclosure should be clear and conspicuous, and must be included at the point of signup and/or on the offer page, in addition to the privacy policy.

• Publishers and advertisers using third parties to manage their email list must have a formal data licensing agreement.

If more than one list management partner is used, the publisher or advertiser must maintain opt-out procedures for each partner. In addition, establish a mechanism to quickly and efficiently remove these users from all list management partners.

• Publishers/Advertisers must allow consumers to easily skip offers if they do not want to share the data being requested by the advertiser or if they are no longer interested in the offer.
• This should include not using language such as; “You must select an offer to continue” unless selecting an offer is required. If the offer is not required, publishers should instead use language such as, “You must view an offer to continue.”

• Publishers/Advertisers must ensure that the skip function is clear and conspicuous and is not hidden or difficult to locate on the offer. In addition, the skip function should be displayed in equal prominence to the submit function.

• Publishers/Advertisers must use clear language when using pre-selected custom offers. The publisher cannot “force” or insinuate that the consumer must select an offer in order to continue through the publisher’s registration process.

• Prior to accepting any consumer information, the terms and conditions must be clearly and conspicuously disclosed so that a reasonable consumer may understand the essence of the proposed exchange.

• The terms and conditions must be accessible and prominent during the registration or offer selection process.<

• When using the term “free” or “complimentary” or other similar terms, advertisers must ensure proper disclosures are made in proximity to the term, if some form of obligation is needed by the consumer to receive the offer.

• Publishers cannot promote Modern Vision Media offers via incentive without written confirmation from a Modern Vision Media representative.

• Publishers that run a combination of incentivized and non-incentivized offers throughout their registration process and website flow must clearly and conspicuously articulate to the consumer on the offer pages offer type – either required or optional. This disclosure should be at the top of such page before the consumer engages in any advertiser offers.

• If multiple pages are used with various offer requirements, it is recommended that consumers be able to navigate freely between the offer pages to better understand the scope of the incentive requirements.

• The publisher should disclose directly on the registration page exactly what the consumer needs to do in order to receive the reward.

• A summary of key requirements of the consumer must be disclosed on the first registration page.

• If the consumer must sign up for various offers to qualify for the reward, the publisher must disclose to the consumer the cost associated with each offer presented.

• If there is some form of monetary obligation needed to qualify for a gift, the publisher must provide the consumer with a representative estimate of such costs.

• When using the term “free” or “complimentary” or other similar terms, advertisers should ensure proper disclosures are made within close proximity of the claim, if some form of obligation must be incurred by the consumer to receive the offer.

• The disclosures concerning the term “free” must be displayed based on any existing statutes, regulations, or guidance in a publishers’ area of operations. The disclosures must also be displayed in the same font color and type.

• The term “free” (or similar terms) and related disclosures must be highlighted on the registration page by a unique color and font that stands out from the other text on the creative material.

• If a purchase will be required by the consumer to receive the reward item, then the disclosure within close proximity of the word “free” (or similar terms) must be in the same color, font, and size of the word “free” (or similar terms) and it must educate the consumer about the purchase requirement(s).

• A summary of the requirements must be listed on the registration page. In addition, the verbiage qualifying the word “free” (or similar terms) must reference the summary terms and conditions listed on the registration page.

• If the offer requires the consumer to fulfill various requirements to receive a free gift, the consumer must always be required to certify he/she agrees to the terms and conditions.

Onsite Guidelines

• Your Publisher Websites must contain distinct and legitimate content, substance and material, not simply a list of links or advertisements. Further, the applicable Publisher Website(s) must serve a purpose substantially or completely separate and distinct from merely being designed to earn money solely from Modern Vision Media’s Advertisers or third party advertisers;

• Your Publisher Websites must each be represented by a legitimate second-level domain name (e.g. yoursite.com is acceptable; however, a shared server, e.g., sharedsite.com/yoursite, is not acceptable);

• Your Publisher Websites cannot be offered as a part of a community-based website personal entry or personal page;

• Your Publisher Websites and Publisher E-mails may not incentivize users to click on ads. Incentives include, but are not limited to, awarding users cash, points, prizes, contest entries, etc.;

• Your Publisher Websites must be fully functional at all levels; no “under construction” websites or sections are permissible; and

• The content of Your Publisher Websites must not promote, advocate, facilitate or otherwise include any of the following:
• Racial, ethnic, political, hate-mongering or otherwise objectionable content;

• Investment, money-making opportunities or advice not permitted under law;

• Violence or profanity;

• Pornographic, obscene, sexually explicit or related content;

• Material that defames, abuses, is libelous, is tortuous or threatens physical harm to others;

• Material that displays any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third person;

• Material that impersonates any person or entity;

• Any indication that any statements You make are endorsed by Modern Vision Media or an

• Advertiser, without Modern Vision Media’s specific prior written consent;

• Promotion of illegal substances or activities (e.g., illegal narcotics, how to build a bomb, counterfeiting money, etc.);

• Material that discriminates on the basis of race, ethnicity, gender, age, disability, religion or sexual orientation;

• Content which is inappropriate or harmful to children;

• Promotion of terrorism or terrorist-related activities, sedition or similar activities;

• Software Pirating (e.g., warez, hotline);

• Hacking or Phreaking;

• Any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

• Any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet;

• Any software, product or service that harvests or collects the personal information of Internet users, whether or not for commercial purposes, without the express consent of such users;

• Any spoofing, redirecting or trafficking from other websites in an effort to gain traffic;

• Any content that infringes upon the intellectual property rights of any third party;

• Any material that otherwise infringes upon the rights of any third parties including, without limitation, false advertising, unfair competition, invasion of rights of publicity or privacy, violation of any anti-discriminatory law or regulation, or any other right of any person or entity;

• Gambling, contests, lotteries, raffles, or sweepstakes;

• Any material that violates the CAN-SPAM Act of 2003, as amended ("CAN-SPAM"); or

• Any illegal activity whatsoever (including any violations of applicable U.S. state or federal law or regulation, Canadian provincial or federal law or the laws of any other jurisdiction in which You operate).

Ringtone Mobile Guidelines

• If Mobile Promotional Content transmitted includes any potentially misleading terms including, but not limited to, “free,” “complimentary,” “no charge,” “zero cost” and “no fee,” then such Mobile Promotional Content must clearly and conspicuously and in a font size of equal prominence and proximity disclose, prior to the consummation of the sale or other transaction: that such content is only free when the end-user consumer (”User”) makes a purchase and/or agrees to a subscription program; and all of the pricing, payment and other program related terms.

• Modern Vision Media strictly forbids the display of terms transmitted via Mobile Promotional Content that represent or imply that an Mobile Program is limited to certain geographical areas. (E.g., “Offer only valid to residents of New Jersey.”)

• Mobile Promotional Content must be available via all carriers unless otherwise conspicuously disclose, prior to the consummation of the sale or other transaction, which content is available through which carriers.

• Mobile Promotional Content must be available via all wireless devices unless otherwise conspicuously disclose, prior to the consummation of the sale or other transaction, the specific makes and models for which content is available.

• Publishers must use creatives provided by Modern Vision Media. Any changes to creatives must be approved in writing by a Modern Vision Media Representive before deployment.

• All Mobile Promotional Content distributed must clearly and conspicuously disclose the following: (1) any initial and recurring charge, and the amount and frequency of any recurring charge; (2) whether any additional charges apply; and (3) if there is a recurring charge, that the User will be charged automatically until he/she cancels the applicable plan.

• You may not condition subscription to any Mobile Program upon the User’s agreement to receive advertising or promotional messages delivered electronically to such User’s mobile device via text messaging, e-mail or otherwise.

• Without limiting any of the foregoing, all Mobile Promotional Content transmitted by You in connection with an MOBILE Program must contain a link to the applicable terms and conditions of the applicable MOBILE Program, as well as all material terms of the applicable MOBILE Program (“Material Terms”) displayed clearly and conspicuously immediately adjacent to any and all applicable mobile device and/or P.I.N code “submit” field(s) or other button(s) that indicate(s) consent as each appear in the applicable order path (each, a “Submit Field”). Material Terms include, but are not limited to the following: program availability on a carrier-by-carrier basis; the cost of the product or service including, as applicable, whether other charges may apply if the User chooses to obtain such product or service; whether the charge(s) will be billed on the User’s wireless phone bill or deducted from his/her prepaid balance, and how the charge(s) will appear on the wireless phone bill; whether the MOBILE Program is offered via a subscription and if so, the length of the subscription term, the billing cycle for that subscription (e.g., weekly, monthly, yearly, etc.) and whether the User will be billed automatically at the commencement of each such billing cycle until cancelled; the name and toll free number or email address of the applicable sender any minimum age requirement; the cancellation policy; and that the User must be eighteen (18) years of age or older. All Material Terms of a MOBILE Program must be consistent across that MOBILE Program from the Creative to the corresponding landing page(s), confirmation page(s) and/or other web pages that are linked to such Creative so as not to be misleading.

• Must ensure that the phrase “terms and conditions” is clearly visible (via most major Internet Browsers) and linked to on every landing page or similar web page used in connection with a Mobile Program, as well as any and all Submit Fields appearing on any page in the order path, such that the User is provided with notice of, and the ability to access, such terms and conditions without having to scroll down on the applicable pages.

• Company strictly forbids the use of pre-checked boxes to indicate acceptance of the terms and conditions for any Mobile Program. Users must indicate their acceptance of an Mobile Program by affirmatively consenting to the terms and conditions for that Mobile Program.

• Where applicable, Publisher must comply with then current Mobile Marketing Association Rules regarding consumer opt-in requirements for the applicable MCS Program.
• Single opt-in is required for standard rate MCS Programs; and

• Double opt-in is required for premium rate MCS Programs.

• Modern Vision Media strictly forbids the display of sexually-explicit materials via Mobile Promotional Content transmitted which includes, but is not limited to, Mobile Promotional Content from Modern Vision Media. As an Publisher, You represent and warrant that Your Mobile Promotional Content programs will not contain objectionable content (including, but not limited to, content that is misleading, libelous, defamatory, obscene, offensive, violent, bigoted, hate-oriented, illegal and/or that promotes illegal goods, services or activities).

• You shall distribute only such Mobile Promotional Content that includes an associated privacy policy that complies with federal and state privacy laws, and that meets the test of reasonable commercial best practices applicable to privacy policies. Your data treatment and privacy practices must adhere to Your applicable privacy policy, in both letter and in spirit, in all respects and with no exceptions. The privacy policy must be available for viewing from each domain associated with Your Mobile Promotional Content transmission via a clickable link. Such link must include the term “privacy” or “privacy policy.”

• Company strictly forbids You to transmit Mobile Promotional Content to anyone under the age of eighteen (18). Notwithstanding the foregoing, You shall distribute only such Mobile Promotional Content that complies with all applicable laws associated with children and marketing including, but not limited to, the Children’s Online Privacy Protection Act (“COPPA”), rules promulgated pursuant thereto and regulations regarding age restrictions for particular products. This includes, but is not limited to, Mobile Promotional Content containing cartoons or other images that might be considered tailored or attractive to children.

• Modern Vision Media strictly forbids the use of social media profiles (e.g., MySpace, Facebook, Tribe) to advertise or distribute Mobile Promotional Content. This does not preclude You from purchasing banner advertisements on social media websites to advertise and distribute Mobile Promotional Content.

• Your distribution of Mobile Promotional Content in connection with any and all MobilePrograms must not: (1) infringe, misappropriate or otherwise violate any copyright, patent, trademark, trade secret or other similar intellectual property right of any third party; (2) otherwise violate or breach any duty toward, or rights of, any person or entity including, without limitation, rights of privacy and publicity; or (3) result in any consumer fraud, product liability or breach of contract to which You are a party.

• Publishers shall not use Modern Vision Media or its represented Advertisers’ names (including any abbreviation thereof) or any trademark, trade name, service mark, logo or other Company-identifying information in any part of any Mobile Promotional Content transmission unless otherwise directed by a Modern Vision Media Representative in writing.

• Other than where disclosure of availability on a carrier-by-carrier basis is required, You shall not represent or imply that You are affiliated with any carriers, or otherwise improperly use carrier names (including any abbreviation thereof) or any carrier’s trademark, trade name, service mark, logo or other carrier-identifying information in any part of any Mobile Promotional Content transmission unless otherwise directed by a Modern Vision Media Representative in writing.

• You shall not falsely represent or imply that You are certified by any third-party in any part of any Mobile Promotional Content transmission. This includes but is not limited to falsely representing that Your website has been “certified by TRUSTe,” or falsely representing that You are an “Official Partner” of a carrier or other large corporation.

• You must be clear, complete and forthcoming in all statements directed at and concerning Modern Vision Media, its Advertisers and recipients of Mobile Promotional Content.

Search Guidelines

• Modern Vision Media strictly restricts the display of potentially misleading terms via Search Marketing Content transmitted by You. Such misleading terms include, but are not limited to “free” and “free-like” language.

• Modern Vision Media strictly forbids the use of social media profiles (e.g., MySpace, Facebook, Tribe) to advertise or distribute Search Marketing Content. This does not preclude You from purchasing keywords which reside on social media websites to advertise and distribute Search Marketing Content.

• Your distribution of Search Marketing Content in connection with any and all Search Marketing Programs must not: (1) utilize any copyright, patent, trademark, trade secret or other similar intellectual property right of any third party without their prior written consent; (2) otherwise violate or breach any duty toward, or rights of, any person or entity including, without limitation, rights of privacy and publicity; or (3) must not result in any consumer fraud, product liability or breach of contract to which You are a party.

• Without limiting any of the foregoing, all Search Marketing Content transmitted by You in connection with a Search Marketing Program must be consistent across that Search Marketing Program: from the Creative to the corresponding landing page(s), confirmation page(s) and/or other web pages that are linked to such Creative so as not to be misleading. Company shall determine, in its sole discretion, the Consistency of Disclosures associated with any Search Marketing Programs.

• You shall conspicuously post a privacy policy on any and all website(s), landing page(s), confirmation page(s) and/or other web page(s) upon which you collect consumer information in connection with a Search Marketing Program. The privacy policy must comply with all federal and state privacy laws and meet the test of reasonable commercial best practices applicable to privacy policies. Your data protection, use and privacy practices must adhere to Your applicable privacy policy, in both letter and in spirit, in all respects and with no exceptions. The privacy policy must be available for viewing via a clickable link. Such link must include the term “privacy” or “privacy policy.

• Keyword Bidding.

• All keywords purchased by You in connection with an Search Marketing Program must: (i) Have some nexus to its corresponding Search Marketing Content so as not to be misleading. (ii) As applicable, meet the additional criteria specified by the applicable Advertiser.

• You must be clear, complete and forthcoming in all statements directed at and concerning Company, its Advertisers and recipients of said Search Marketing Content.