Native Advertising Disclosures and Property Requirements

Last Updated: May 16, 2022

Disclosure Requirements

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, 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.

Property Requirements

The Publisher Properties shall not:

  • Fail to load or contain display errors indicating the website is inactive
  • Contain an excessive number of ads (typically more than four ads per page)
  • Lack substantive, original content (e.g. no content aside from external links, editorial content that is not regularly updated)
  • Contain non-compliant ad placements (e.g. ads displayed on the lock screen of a mobile device, ads displayed inside a pop-up window, employing measures to trick the end user to click on an ad)

If any of the Properties fail to meet any of the above Property Requirements, Nativo reserves the right to suspend Publisher’s access to the Services until resolved.

Nativo, Inc., and Nativo London Limited.