All links, pointers, sponsorships, buttons, banners, graphics, images, listings, or any other placements or promotions or similar services to the extent used for advertising or referral sales, whether for a third party’s or Company’s products and services (“Advertisements”) must comply in all respects with these Advertising Guidelines which are in addition to, and not in lieu of, the terms and conditions otherwise set forth in the Agreement.
- These Advertising Guidelines are intended to provide general guidance. They are not inclusive or exhaustive and are subject to change, at the applicable Carrier’s discretion, at any time.
- Customer will ensure that all Advertisements comply with all applicable laws, regulations and Advertising Guidelines including, without limitation, Federal Trade Commission rules and the Children’s Advertising Review Unit’s Guidelines.
- The Advertisements as well as any other material or content provided by Customer will not contain:
- Any message, data, image, program, or other matter that is libelous, defamatory or which discloses private or personal matters concerning any person, including without limitation home phone numbers and addresses, credit/debit card information, and/or customer or member account information such as customer or member passwords.
- Any message, data, image, program, or other matter that is obscene or pornographic or which contains racial, ethnic or religious slurs, offensive language or similar epithets, or which advocates or promotes violence or illegal activities.
- Any message, data, image, program, or other matter that violates or infringes upon the property rights of others, including copyright, trademarks or service marks, trade secrets or other confidential proprietary information, and privacy or publicity rights.
- Except with the applicable Carrier’s prior written permission (and then only when directed to an audience over 21), Advertisements may not relate to the following categories: alcohol; tobacco; firearms; and/or gambling.
- Except with the applicable Carrier’s prior written permission, Advertisements relating to Carrier Competitors are prohibited. “Carrier Competitors” means any product or service that incorporates any of the following:
- Voice or data calling capabilities or services, including but not limited to Voice over Internet Protocol, or voice or data technologies.
- Dial Up or Dedicated Internet Access including Broadband (High Speed Internet/DSL/Cable/Satellite).
- Subscription based Television or Video Delivery Services or Systems, including Satellite Television, Internet Protocol Television (IPTV), Cable Television, Digital Video Recorders (DVR) or Distributors, or Video-on-Demand (VOD) technologies or software.
- Wireless services including cellular, personal communications systems, Wi-Fi, Wi-Max, enhanced specialized mobile radio, paging, satellite, private network or in-building phone and mobile data services including, Global Positioning System, wireless local area networks, prepaid cards for wireless service, wireless voice/data services (including voice messaging, directories, long distance and internet), and wireless technology communication protocols (i.e. GSM, GPRS, EDGE, UTMS, WAP, iMode). For purposes of clarity, “wireless services” include any services or content offered or delivered through any commercial mobile radio service and any mobile virtual network operator (MVNO).
- Advertisements targeted directly to children are prohibited unless they comply with all applicable laws and regulations related to advertisements directed to children, are not directed to children under the age of 13 and are age appropriate, and take into account the level of knowledge, sophistication and maturity of the audience to which the message is primarily directed.
- No Carrier guarantees exclusivity in any business category and each Carrier reserves the right to grant such exclusivity to any of its customers in its sole discretion.
- The applicable Carriers has the right in its sole discretion to reject or remove any Advertisement that does not comply with the Advertising Guidelines or is otherwise unacceptable to the applicable Carrier in its sole discretion. Upon written notification, Advertisements will be removed as soon as practicable but no later than twenty-four (24) hours. Neither IntelePeer nor the applicable Carrier warrants to Customer that Advertisements or content of other customers will comply with such publishing standards and Advertising Guidelines. Customer will not represent to any third party that IntelePeer and/or the applicable Carrier approves or endorses any such third party’s product and/or service.
- Except with the applicable Carrier’s prior written permission, Advertisements and subsequent landing pages are limited to fixed images or text (e.g., without limitation, animated/motion graphics, sound, and video are prohibited).
- Except with the applicable Carrier’s prior written permission, Advertisement actions that result from clicking on a link or button on the Advertisements and subsequent landing pages are limited to the following list. Initiating any other action or application on the device is expressly prohibited (e.g., without limitation, a video player).
- Initiating a call/SMS message.
- Directing to another mobile web page.
- Downloading music, games, applications, ringtones, graphics, and wallpapers (“Consumable Applications”).
- Submitting data with a resulting mobile web page.
- Downloading is permitted only where the user is displayed a warning message approved by the applicable Carrier indicating if any charges/rates will apply.
- Except with the applicable Carrier’s prior written permission, no “interstitial” or “splash” pages are permitted. These are defined as any page that is presented to the user, without their selection, that forces the user to “click through” in order to view desired content or take a desired action.
- Advertisements, landing pages, and any subsequent pages that offer the purchase of Consumable Applications may only include Consumable Applications that get charged to the user’s Carrier bill. In addition, all references and links to purchase Consumable Applications must link to a purchase page that has no other advertising or potential distractions that link away. Advertisements that include or link to free Consumable Applications are allowed as long as (1) the same or nearly identical content is not offered on the applicable Carrier’s storefront at the time such advertising is scheduled, and (2) the content is not monetized in any way (e.g., ad-supported).
- Any Advertisements from companies on a list provided by Carriers from time to time (the Carrier’s blacklist) are prohibited.
- Customer must comply with the following technical standards:
- If Customer has the capability to perform device detection to determine the target device for Advertisements and the capability of the device to render the Advertisements (“Detection Capability”), then the size of advertisements and other content displayed on the page shall be determined by the capabilities of the device (as identified by IntelePeer and/or the applicable Carrier), but Advertisements may not exceed a weight of 10K on any one page. If Customer does not have Detection Capability with respect to a device, then the total page weight of the Advertisements combined with content on the page shall not exceed 10K.
- In no event will Customer or any provider of landing pages that are accessed from WAP pages disable or otherwise restrict users’ ability to return from landing pages via the use of the back button functionality of the device (e.g., the “back” soft-key).
- Any software menu options shall deliver actions and or results that conform to the menu text descriptions.