Customer Guidelines

These Guidelines may be amended periodically. These Guidelines apply to all advertising that may run in conjunction with Nativo. Third parties and their partners and/or affiliates that place any advertisement through Nativo’s Platform must adhere to these Guidelines.

All advertisements, creative works, and other materials used in any advertisement placed through Nativo’s Platform must comply with all applicable laws, rules, and regulations. Though by no means an exhaustive list of such laws, rules, and regulations, reference is made to the Federal Trade Commission’s (“FTC”) regulations, its "ENFORCEMENT POLICY STATEMENT ON DECEPTIVELY FORMATTED ADVERTISEMENTS", and its supplemental guidelines, "NATIVE ADVERTISING: A GUIDE FOR BUSINESSES".

While Nativo requires its Advertisers to comply with all laws, rules, and regulations, the content of an advertisement is the Advertiser’s responsibility, and by placing the advertisement, the Advertiser assumes all liability for and arising from the advertisement. Nativo will not be responsible for ensuring compliance with laws, rules, and regulations, although Nativo reserves the right to require Advertisers to submit documentation affirming such compliance. Adherence to these Guidelines is not necessarily sufficient to comply with all laws, rules, and regulations. These Guidelines are not intended as legal advice, and Nativo encourages Advertisers and their partners and/or affiliates to consult with legal counsel.

Native Advertising

  • Regardless of context, a reasonable consumer should be able to distinguish between a paid native advertisement and editorial content on a publisher’s site; thus, prompting the need for a disclosure regarding the nature of such advertisements. Nativo requires publishers to clearly and prominently disclose that native advertisements have been paid for, even if that particular advertisement does not contain traditional promotional advertising messages.
  • Aligned with the FTC Native Advertising: A Guide for Businesses document, (which is incorporated herein by reference), Nativo has adopted the following disclosure guidelines. Nativo requires that disclosures appear in a manner that adequately informs consumers of the commercial nature of the content and the advertiser’s involvement in authoring, influencing or resurfacing the content and, thus, adopt as many of the following guidelines as necessary to prevent consumer deception:
    • Are in plain language on both the native advertising unit and click- or tap-into page (e.g., “Sponsored Content,” “Sponsor Provided Content”), as well as the branded byline;
    • Appear prominently on the native advertising unit and the click- or tap-into page residing on the publisher’s site and within which the advertisement or brand content appears (disclosures must not be communicated through a separate hyperlinked page that directs a consumer away from the native advertising unit or click- or tap-into page);
    • Are large and visible enough for a consumer to notice in the context of a given page and relative to the device and platform where the advertisement and brand content are being viewed;
    • Are in close proximity to the native advertising unit to which they relate (i.e., near the advertisement’s focal point);
    • Are delivered as close as possible, temporally, to the advertising message;
    • Are in a font, color, or shade that is easy to read and not obfuscated in anyway relative to other content that appears on the site;
    • Are, for video advertisements, on the screen long enough to be noticed, read, and understood; and
    • Are, for audio disclosures, read in a volume, cadence, and speed that is easy to follow and in words that are easy to understand.

Other Advertising Requirements

  • Truth-in-Advertising. Advertisers shall be upfront and honest and provide consumers with all material information needed to make informed decisions. Advertisers shall not make false, misleading, and/or unrealistic claims about their company, services, the costs associated with those services, and/or the results that consumers, publishers, and/or any other party can expect. In particular, consumers should not be misled, whether through any express or implied representation, into believing that advertising and/or promotional messages are independent, impartial, or not from the sponsoring advertiser itself.
    • This includes, but is not limited to, prohibiting the following:
      • Representations of self, source, product, and/or service in a way that is not accurate, realistic, and/or truthful;
      • Misrepresenting the relationship to/with any party;
      • Undertaking promotions that prompt consumers to initiate a purchase, download, and/or other commitment without first providing consumers with all relevant information and obtaining consumers’ explicit consent;
      • Omitting or obscuring billing details such as how, what, and/or when consumers will be charged for any purchase;
      • Omitting or obscuring charges associated with financial services such as interest rates, fees, and/or penalties;
      • Failing to display tax or license numbers, contact information, and/or physical address where relevant;
      • Making offers that are not actually available;
      • Making false, misleading, and/or unrealistic claims or claims that entice consumers with an improbable result as to the likely outcome that a consumer can expect, even if this result is possible (e.g., regarding weight loss or financial gain);
      • Collecting donations under false pretenses; and
      • “Phishing” or falsely purporting to be a reputable company in order to get consumers to part with valuable personal or financial information.
  • Harassing, Abusive, or Untrustworthy Tactics. Advertisers shall not use harassing, abusive, and/or untrustworthy tactics with consumers, publishers, and/or any other party.
    • This includes, but is not limited to, prohibiting the following:
      • Harassing consumers, publishers, and/or any other party to use services;
      • Using deceptive tactics to pressure consumers, publishers, and/or any other party to use services;
      • Sharing false information regarding any party;
      • Deceptive use of any party’s brand to imply affiliation and/or endorsement;
      • Abuse of third-party program certifications and/or incentives;
      • Attempting to obstruct or circumvent Nativo’s and/or the publisher’s efforts to enforce and/or check for compliance with its policies; and
      • Actions that Nativo and/or the Publisher deem harmful to consumers, publishers, and/or any other party.

Consumer Protection Requirements

  • Hyperlinks. When a hyperlink is otherwise appropriate for non-integral disclosures (e.g., other terms and conditions), it should be labeled clearly, conspicuously, and in proximity to the advertisement, such that a consumer is aware both that the link is related to that particular advertisement and of the nature of the information to be found by clicking on the hyperlink.
  • Business or Product Registration Requirements. Some countries require that a business or product be registered with a local authority before an Advertiser is eligible to advertise.
  • Regulated Products & Services. A variety of restrictions may apply to an Advertiser’s products and/or services depending on where in the world the products and/or services is promoted or sold. Advertisers should develop an understanding of any restrictions that apply to the products and/or services that it is promoting.
  • Trade Sanctions and Restricted Parties. Nativo does not allow promotions that violate applicable government trade sanctions.
  • Unsupported Content.> Nativo may, in its sole discretion, prohibit or limit certain kinds of products and/or services from appearing in any advertisement placed through Nativo’s Platform, even if certain individual businesses appear to comply with its policies.
  • Consumer Safety. Nativo may, in its sole discretion, prohibit or limit advertisements for products and/or services that it has identified as being prone to abuse by untrustworthy actors, that are of low quality, and/or that pose an unreasonable risk to consumer safety and/or experience.
  • Targeted Display Advertising. If the Advertiser uses any proprietary code and/or related tools, such as cookies or web beacons, in the collection of information to provide behaviorally targeted or interest-based advertisements to a consumer (whether in connection with a publisher or for its own purposes), the Advertiser shall abide by all policies and/or requirements in place for the publisher’s site regarding how such code and/or related tools are used (including, but not limited to required disclosures to consumers).
     

Nativo, Inc.
Attn: Nativo Administrator
200 N. Sepulveda Blvd • Suite 850
El Segundo, CA 90245
United States of America

© Nativo, Inc. 2011. All Rights Reserved.

Updated April 1, 2011