CodeFuel Standard Guidelines for Ad Placement, Landing pages, and other marketing material

1. General:
   • These advertising guidelines (the “Guidelines”) apply to and govern your use of CodeFuel’s service for delivering online ads (the “Service”) to promote and/ or distribute your product, application or website with any CodeFuel technology.
   • The Guidelines describe the do’s and don’ts for the ads you designate for delivery, their functionality and the material or content contained in them (collectively, the “Ads”). The Guidelines apply in addition to and not in substitute of, the provisions of any other applicable agreement (the “Agreement”) between you and CodeFuel.
   • Any act or omission by you or anyone acting on your behalf, in violation of the Guidelines, will be deemed as your breach of the Guidelines.
   • The term “including”, whenever used in these Guidelines, means “including, but not limited to” and does not limit the generality of the specific reference(s) made using the word “including”
2. Functional, Technical and Aesthetic Requirements of Ads
   • SEM Ads shall be clearly and easily distinguishable as an advertisement, be consistent with professional industry design standards, and use images with the appropriate resolution for online advertising as determined by CodeFuel from time to time.
   • For banner advertising, all banners must have a 1-pixel conspicuous border around them.
   • The sounds for Ads that play audio or video within a banner space shall only initiate after an action by the user (i.e. click, roll-over or hover) and must always have an obvious and clearly visible control which allows the user to disable the sound or playback, as applicable.
   • For banner advertising, all Ads must open a new tab rather than navigate the user away from our or a publisher’s website.
   • Popunder campaigns cannot go directly to Google Play or the Apple Store.
   • Ads shall not:
     • Degrade the performance of a product, application, or website including due to its file size;
     • Launch pop-ups, pop-unders or other questionable or objectionable forms of content displays, as determined by CodeFuel in its sole discretion;
     • Launch auto-install or download prompts, initiate program calls to another site or executable file, result in the installation of any program on the end user’s device, perform an automatic download to a user’s system or present a download dialog box – all without first presenting a complete, accurate, conspicuous and timely disclosure to the end user and obtaining the end user’s prior explicit, informed and actively expressed consent to proceed with the action;
     • Directly or indirectly, place malware, spyware, viruses, Trojan horses or any kind of malicious software on a user’s computer or mobile device;
     • Use any shaky, flashing or throbbing effects or rapid image sequences; or
     • Disable form fields, navigation or other website functionality.
3. Content Requirements of Ads
   1. The content set forth below, including any text, photograph, graphic, image, video, music, sound, logo, trademark, service mark, format, design element or feature, or any compilation of the foregoing containing, representing or alluding to such content (collectively, the “Content”) shall not appear on Ads on or through the Service:
      1. Misleading or deceptive content, including any content that:
         • is designed to misleadingly generate a click (for example, fake “Close” or “Exit” button on an ad; fake chat boxes; fake download/play buttons; features that appear to be functional but do not work (i.e. sliders, radio buttons, drop down menus)) or mislead users into clicking through to a site that is unrelated to the content of the Ad;
         • imitates the look or user interface of any software application, system or website error message such as a Windows or Mac operating system message or System Warning box);
         • appears to be a message from the publisher or application where the Ads are displayed;
         • exploits knowledge about the functionality of a user’s computer or the false discovery of viruses, worms or corrupted files, such as to scare users into purchasing or downloading software;
         • promotes unrealistic or extreme results;
         • uses or misappropriate logos of third parties without permission;
         • uses “bait and switch” tactics (i.e. advertising that promotes an unavailable product or price as a means of luring the user into purchasing a different product); and
         • uses the word “free” or “winner” deceivingly;
      2. Content that infringes, violates or misappropriates any copyrights, trademarks, service marks, patents, rights of publicity, privacy rights, trade secrets or other intellectual property rights of a third party, whether moral, legal or otherwise
      3. Content that contains, promotes, glorifies or advocates any of the following:
         • nudity (including partial nudity, sheer or see-through products or lingerie ads that contain explicitly sexual materials);
         • adult products, sex or sexual behavior (such as adult films, pornography, magazines, websites, toys, sexual enhancers, contraceptives, casual sex or promiscuity, or rape);
         • violence, obscenity, profanity, abuse, discrimination, degradation or intolerance (including cannibalism, suffering, torture, racial intolerance, lewdness, inappropriate body language or gestures, hate or hate-speech whether directed at an individual, group or organization);
         • tobacco products or services (including tobacco consumption accessories and electronic cigarettes) or alcohol products and services;
         • religion, politics or the military;
         • educational degrees for sale or degrees offered by non-accredited universities or programs;
         • illegal products or services (including illegal traffic devices), illegal drugs and drug paraphernalia;
         • fake legal documents, webcams or surveillance equipment promoted for illegitimate use;
         • firearms, ammunition, fireworks or arms trafficking;
         • risks to a person’s safety or health;
         • advice or information that in any way aids or assists in a compromise to national security or interference with an investigation by law enforcement officials;
         • viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, cancelbots, or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any system data or personal information;
         • any web search providers; and
         • incentives to artificially enhance websites, search engines or advertising metrics;
      4. Content that targets or is related to, directly or indirectly, children who are 13 years old or younger;
      5. Content that violates any industry standards or best practices, as determined by CodeFuel in its sole discretion; and;
      6. Content that encourages any activity that would be considered illegal, a criminal offense, could give rise to civil liability, or violate any applicable law, statute, ordinance or regulation or order of any court or tribunal including by collecting, using or disclosing personal information in violation of applicable law, such as the Children’s Online Privacy Protection Act of 1998.
   2. If you have any doubts as to whether an Ad you wish to submit is acceptable under these Guidelines, please contact CodeFuel.
   3. The Content set forth below is heavily regulated and is subject to different restrictions by different jurisdictions around the world; accordingly, the promotion of the following Content shall not appear on Ads on or through the Service unless provided with prior written approval by CodeFuel, and is subject to Specific Content Guidelines enclosed herein in Annex I:
      1. online gambling (including any form of betting, lottery or ‘game-of-odds’, whether for monetary gain or otherwise, or gambling educational sites); and
      2. health, nutrition and cosmetics related products.
4. Landing Page / Destination URL
   The landing page and content thereon and landing page URL which you provide for your campaign shall:

    

   1. Comply with the same requirements for Ads set forth in Section 3 of these Guidelines (except for Section 3(d)), as applicable;
   2. Never redirect to a different URL than that which was seen when the campaign was first reviewed by CodeFuel; and
   3. Not have pop-up windows, including any exit pop-ups, messages, or chat windows that prevent a user from easily exiting the page.
   4. For more guidelines regarding landing pages requirements – click here
5. Exceptions
   Notwithstanding the foregoing, CodeFuel may provide you with prior written approval for specific Ads or landing pages on a case-by-case basis (email approval shall suffice).
6. Service Prohibitions
   You must NOT do any of the following or allow any third party to:

    

   1. modify, adapt, translate, prepare derivative works of, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Service;
   2. remove, obscure or alter any copyright notice, trademarks or other notices of proprietary rights affixed to or provided as part of the Service;
   3. crawl, index or in any non-transitory manner store or cache information obtained from the Service; and
   4. transfer, sell, lease, lend, disclose, use or access, for any other unauthorized purposes, the Service or any part thereof.
7. Intellectual Property Rights
   You are not permitted to submit any Ad creative for which you do not have all necessary rights, licenses, consents and clearances regarding its intended usage. You further agree that you shall not infringe any intellectual property or other rights of any third party.
8. Compliance with All Applicable Laws
   In addition to the requirements described in these Guidelines, you must comply with all applicable laws and regulations. Furthermore, you represent and warrant that CodeFuel’s use of the Ads does not and will not violate any applicable law, rule or regulation, or the intellectual property or other rights of any third party.
9. Examples in these Guidelines
   The examples provided in these Guidelines are illustrative only, and do not provide a comprehensive list of prohibited content for Ads and landing pages. All examples presented in these Guidelines and all “i.e.” and “such as” notations, indicate an illustration by way of example only of the specific Guideline, without limiting the generality of such Guideline.
10. Effective Date and Modifications
    These Guidelines are updated from time to time, and are effective as of the effective date written below. You are required to review these Guidelines on a regular basis to ensure that your Ad, landing pages and advertising campaigns comply with these Guidelines. Failure to abide by these Guidelines may lead to the suspension of any or all of your advertising campaigns.

Annex I – Specific Content Guidelines

General
These Specific Content Guidelines explain the terms and conditions according to which CodeFuel allows its advertisers (“Advertisers”) to provide some specific types of Content, which are restricted or limited under the general Advertising Guidelines.

The Specific Content Guidelines are aimed to provide the Advertiser with key principles to which it must adhere, pursuant to the general Guidelines, in order to ensure that Content is fully compliant with applicable laws, regulations as well as industry standards and best practice and with the respective requirements in the Guidelines and any other agreement.

The Specific Content Guidelines supplement the Guidelines and any other agreement and do not replace or derogate in any way any of the Advertisers’ undertakings stipulated in the Agreement or any other contractual binding upon the Advertisers, as well as any applicable laws or regulations, terms of service, privacy policies, guidelines of third parties (including advertising networks, merchants, Internet service providers, third parties’ websites, search engines and browsers) and the industry best practices.

Online Gambling

Definitions
The following terms shall have the meanings set forth herein:
“Online Gambling Content” shall mean any Content facilitating or leading to online casinos and gambling, sports betting, lottery, bingo or other games of chance or skill involving the exchange of anything of value; bonus codes, vouchers and coupons redeemable for online gambling content (collectively: “Online Gambling Products”).

Content Principles
Advertiser must strictly adhere to the following principles:

• Online Gambling Content must comply with all applicable laws, regulations and licensing requirements for all Online Gambling Products, and should not imply illegal activity of any kind;
• Online Gambling Content must only target jurisdictions the Advertiser (or the operator promoted by the Advertiser, as applicable) is approved to operate or sell Online Gambling Products in;
• Online Gambling Content must not facilitate or lead to Online Gambling Products available in any jurisdiction where the participation in gambling is illegal, including, without limitation, the United States (except for New Jersey, Nevada or Delaware – if licensed and permitted under applicable local law), and Israel;
• Online Gambling Content must not be displayed in any jurisdiction where advertising, publishing and/or promoting Online Gambling Content is illegal, including, without limitation, the United States (except for content that facilitates or leads to Online Gambling Products in New Jersey, Nevada or Delaware – if licensed and permitted under applicable local law), and Israel;
• Online Gambling Content must be socially responsible, with particular regard to the need to protect children, young persons and other vulnerable persons from being harmed or exploited.
• Online Gambling Content must not portray, condone or encourage gambling behavior that is socially irresponsible or could lead to financial, social or emotional harm condone or encourage criminal or anti-social behavior; exploit the susceptibilities, aspirations, credulity, inexperience or lack of knowledge of children, young persons or other vulnerable persons; suggest peer pressure to gamble nor disparage abstention; suggest gambling is a rite of passage; be likely to be of particular appeal to children or young persons, especially by reflecting or being associated with youth culture; be directed at those aged below 18 years (or any other minimum gambling age as applicable) through the selection of media or context in which they appear; include a child or a young person. No-one who is, or seems to be under-25 years old may be featured gambling. No-one may behave in an adolescent, juvenile or loutish way;
• Online Gambling Content must not link gambling to seduction, sexual success or enhanced attractiveness;
• Online Gambling Content must not portray gambling in a context of toughness or link it to resilience or recklessness;
• Online Gambling Content must not suggest that gambling can enhance personal qualities, for example, that it can improve self-image or self-esteem, or is a way to gain control, superiority, recognition or admiration;
• Online Gambling Content must not exploit cultural beliefs or traditions about gambling or luck;
• Online Gambling Content must not suggest that gambling can provide an escape from personal, professional or educational problems such as loneliness or depression; suggest that gambling can be a solution to financial concerns, an alternative to employment or a way to achieve financial security; portray gambling as indispensable or as taking priority in life; for example, over family, friends or professional or educational commitments; or condone or feature gambling in a working environment;
• Online Gambling Content must not suggest that solitary gambling is preferable to social gambling;
• Online Gambling Content must not materially mislead or be likely to do so or mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner. Material information is information that the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means;
• Online Gambling Content must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify. Qualifications must be presented clearly;
• Online Gambling Content must not describe a product as “free”, “gratis”, “without charge” or similar if the consumer has to pay anything other than the unavoidable cost of responding and collecting or paying for delivery of the item. Online Gambling Content must make clear the extent of the commitment the consumer must make to take advantage of a “free” offer;
• Online Gambling Content that includes a promotion and is significantly limited by time or space must include as much information about significant conditions as practicable and must direct consumers clearly to an easily accessible alternative source where all the significant conditions of the promotion are prominently stated. Users should be able to retain those conditions or easily access them throughout the promotion.

Health, Nutrition & Cosmetics Related Products

Definitions
The following terms shall have the meanings set forth herein:

1. “HNC Content” shall mean any Content which promotes or encourages the sale or consumption of any of the following products, services or programs (collectively “HNC Products“):
   1. HNC Products related to health or nutrition, or intended for cosmeceutical or cosmetic purposes;
   2. weight-loss or fitness HNC Products, dietary supplements or any HNC Products intended to supplement diet, or that bears or contains alleged dietary ingredients (including but not limited to vitamins, minerals, herbs or other extracts, acids, substances, or concentrates);
   3. drug HNC Products;
2. “Claim” shall mean express or implied claims, statements or encouragements, including but not limited to any content concerning a HNC Product’s efficacy, benefits, safety or Scientific Support;
3. “Scientific Support” shall mean sufficient and reliable scientific evidence, which is adequate in the context of the surrounding body of evidence, relevant to the specific HNC Product being promoted or to the specific benefit or Claim being advertised, and is reasonably balanced (i.e. does not focus entirely on research that supports the advertised claim, while discounting research that does not); e.g. tests, clinical tests, analyses, research, studies, or other evidence based on the expertise of professionals in the relevant area (including but not limited to expert endorsement), that have been conducted and evaluated in an objective and sufficient manner by persons appropriately qualified to do so, using procedures generally accepted in the profession to yield accurate and reliable results.
4. “Material Information” shall mean any disclosure necessary to prevent the HNC Content from being false, deceptive, incomplete or misleading, including without limitation: (a) representation made or suggested by the HNC Content, or (b) how consumers would customarily use the HNC Product (e.g. information relevant to the limited applicability of an advertised benefit, such as how much weight consumers typically can expect to lose with respect to weight loss or fitness products, or information concerning any significant safety risks); where an expert or consumer endorsement is used to promote a HNC Product – Material Information shall include any material or financial connection between the endorser and the Advertiser.

Content Principles
The Advertiser must strictly adhere to the following principles:

• Advertiser acknowledges that the offering, promotion, sell or facilitation of HNC Products, including but not limited to prescription drugs, may be subject to additional restrictions, regulations, warrants or approvals, whether by regulatory authorities or by other bodies, which are not disclosed herein, including without limitation with respect to any false advertising, deceptive and fraudulent activities, unfair competition, endorsement, misappropriation of rights, and any rules, limitations and restrictions that are relevant to the distribution and display of advertisements or commercial offers, or to the promotion, sell or facilitation of products, services or treatments (including, but not limited to seeking warrants or approvals of any regulatory authority as a pre-condition), in particular any applicable guidelines or policies released or published by the Federal Trade Commission (FTC), the Food and Drug Administration (FDA), or any other applicable guidelines or policies released or published by other regulatory authorities (“Regulatory Restrictions”);
• Advertiser warrants that it and all HNC Content is and will remain at all-time during the term of the applicable agreement compliant with any applicable laws, rules, regulations, including the Regulatory Restrictions and industry best practices and standards; Advertiser further represents that it employs all necessary monitoring and review procedures to ensure such compliance;
• HNC Content must:
  • Be accurate, truthful, and not misleading;
  • not contain a misrepresentation or omission of Material Information or any information that is likely to mislead the consumer;
• HNC Content must be disclosed in a clear, prominent and conspicuous manner, and should be:
  • in proximity to the Claims it relates to;
  • in a font that’s easy to read;
  • in a shade that stands out against the background;
  • for video ads, on the screen long enough to be noticed, read, and understood;
  • for video or audio ads, read at a cadence that’s easy for consumers to follow; and
  • in a simple and non-ambiguous language.
• If the HNC Content contains consumer testimonials or endorsements, the depicted results and any claims related thereto must be typical and representative of what other consumers can expect to achieve, or the HNC Content must clearly and conspicuously disclose what the typical results are;
• Any and all objective Product Claims in the HNC Content must be adequately and directly substantiated, i.e. have competent and reliable Scientific Support; Product Claims may not be solely substantiated by consumer testimonials or anecdotal evidence about the individual experience of consumers;
• If the HNC Content contains Claims that, if unfounded, could present a substantial risk of injury to consumer health or safety, such claims must rely on significant Scientific Support;
• If the HNC Content contains Claims based on historical or traditional use, such Claims should be substantiated by confirming Scientific Support, or should be carefully presented in such a way so as to avoid the implication that the HNC Product has been scientifically evaluated for efficacy;
• If the HNC Content contains claims concerning dietary supplements, weight loss or fitness HNC Products, that undergone a review for safety and efficacy under regulatory authorities, or review of a kind conducted by the FDA, such claims must be accompanied by a disclaimer that:
  • the claim has not been evaluated by FDA; and
  • the HNC Product is not intended to diagnose, treat, cure or prevent any disease where it is not the case.
• HNC Content concerning dietary supplements, weight loss or fitness products, may not include any of the “Seven Gut Checks” statements, available here, or any derivatives thereof;
• If the HNC Content use scientific journal articles, books or other publications in the promotion of an advertised HNC Product or Claim, such materials must be:
  • reprinted in their entirety;
  • not false or misleading;
  • do not promote a specific brand or manufacturer; and
  • presented with other materials to create a balanced view of the scientific information.