ADVERTISING MATERIAL GUIDELINES
These guidelines are binding upon advertising entity (“Advertiser”) who enters into an agreement with Hive Media for the promotion of its Advertising Material.
Please note that Hive Media may change or update these guidelines from time to time subject to its sole discretion including for the purpose of addressing and properly reflecting the terms, conditions and guidelines of relevant third parties.
These Guidelines do not derogate in any way from Advertiser’s representations, undertakings and obligations under any agreement which was entered between Advertiser and Hive Media or any other document binding upon Advertiser.
Furthermore, these Guidelines are only aimed to provide Advertiser with key principles to which it must adhere and does not derogate from Advertiser’s obligations to act at all times pursuant to any applicable law, contractual obligations, terms of service, privacy policies and guidelines of third parties (including publishers, networks, Internet service providers, third parties’ websites, search engines and browsers) and the industry best practices including Microsoft guidelines for misleading advertising material, Google guidelines for Social Engineering (Phishing and Deceptive Sites).
In this document the following terms shall have their respective definitions:
“Advertising Material(s)” means graphic, information, images, text, video, artwork, images, links to third party sites or services and other material and content provided by Advertiser or third party through Advertiser to place on publisher’s advertising space.
“Prohibited Activity” means any illegal or questionable activity including without limitation the following activities: (a) using deceptive or false creative and/or representations and/or notifications to end users in order to initiate a program’s installation without the end user’s awareness, knowledge or consent; (b) employ phishing techniques or seek to trick the user into providing sensitive information by misrepresenting the identity of the advertiser (c) using automated or direct installation of a program or using any automated program intended to generate non-human clicks (this may include by using scripts, web crawlers, spiders, bots or other similar non-human programs that result in installation of a Product or any other program without the end user’s knowledge); (d) hacking, interfering, uninstalling or disabling any third party content, application, widget or any program or any part thereof ; (e) generate, use, distribute or propagate viruses, worms, Trojan horses, or any other malicious code, file or program; (f) use the end user’s device for purposes that are unwarranted and unexpected by the end user (such as consuming bandwidth or computer resources, spamming or obtaining personal information from an end user’s device); (g) act in a fashion that may harm or dilute Hive Media’s or its software’s reputation; (h) take any action that may harm the security of end user’s device or the privacy of the end user, or materially interfere with or disrupt web navigation or browsing; (i) using any misleading, deceptive or fraudulent practice whatsoever with respect to Advertising Material, Hive Media’s software or end user’s system.
“Prohibited Content” means any content that is: (a) false, deceptive, misleading, infringing upon any applicable law, fraudulent, libelous, defamatory, abusive, violent, prejudicial, obscene, sexually explicit (including any false diet and/or health content); (b) promote dietary products containing ephedrine group alkaloids or any products banned by any official food and drugs administration as applicable; (c) promote peer-to-peer application networks or sites, copyright protection circumvention, or unlawful subject matter or activities;(d) adult content (including pornographic material); (e) excessively profane, racist, ethnically offensive, threatening, infringing, excessively violent, discriminatory, hate-mongering or otherwise objectionable content; (f) defame, abuse, or threaten physical harm to others; (e) any type of harmful applications or components which intentionally create or exploit any security vulnerabilities in an end user’s device, including without limitation: viruses, spyware, malware, Trojan horses, spamware, worms or any other malicious code or conduct; (g) advocate or facilitate violence of any kind; (h) targeted to minors; (i) any other content that would otherwise be considered as a criminal offense or could give rise to a civil liability, or considered questionable or illegal in any fashion according to applicable laws or that is infringing upon third party right including but not limited to Third Party’s Intellectual Property’s rights and data privacy rights.
Advertiser is required to comply with the following guidelines and to obligate its upstream advertisers and agencies (as applicable) to comply with these guidelines as well:
- Advertising Material is and Advertiser will make sure it will be at all times compliant with applicable laws, rules, regulations and industry best practices and standards, including but not limited to any false advertising laws, fair competition, Privacy and data collection, intellectual property and any other 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 and services (collectively or in separate “Laws”). Advertiser further represents that it employs all necessary monitoring and reviewing procedures to achieve such compliance.
2. Without limiting the aforesaid, Advertiser represents and warrants that:
- Advertising Material will not falsely be associated with or attributed to a third party or third party content, including without limitation by using false representations, endorsements or sponsorships;
- Advertising Material that promotes or sell services or products that are limited for sell, promotion or facilitation by applicable Laws, will comply with such Laws and provide end users with all required disclosures, disclaimers, notices and alerts, including age limitations and any other notification required by law or industry standards.
- No Advertising Material will: (a) infringe upon any third party intellectual property rights, right of privacy, publicity or any other right; (b) contain, include, promote or facilitate Prohibited Content or Prohibited Activity; (c) impersonate others, including any system alert (e.g. “you’re missing a plugin”, “your computer is about to crash” when those statements are not true); (d) require an end user to complete a survey or to disclose personally identifiable information (PII) in order to be operated or uninstalled (as applicable); (e) contain, promote or facilitate gambling, Forex or binary options where such content is prohibited by law or without a due and valid license.
- No Advertising Material will require an end user to participate in any online activity nor will it incentivize an end user to click or interact with the content using a misleading, fraudulent or inaccurate representation or incentivize automated click or automated interaction with that content.
- Advertiser will not collect, transmit or use personally identifiable information about end users without reasonable end user consent.
- Advertiser will not do any of the following: (a) take control of an end user’s computer by deceptively accessing, hijacking or otherwise using the computer’s modem or Internet connection or service and thereby causing damage to the computer or causing the end user, or a third party defrauded by such conduct, to incur charges or other costs that are not authorized by the end user; (b) deliver Advertising Material that an end user cannot close or otherwise disable without turning off the computer or closing all other sessions of the Internet browser for the computer; (c) using rootkits or other software that are typically used to hack into a computer and gain administrative-level access for unauthorized use of a computer;
- No Advertising Material will: Mislead the end user or use any other deceptive practices including, but not limited to: (a) misrepresent that installing a software or providing log-in and password information is necessary for security or privacy reasons unrelated to the software itself, or that installing software is necessary to open, view or play a particular type of content online or offline (e.g., cannot falsely state software is necessary for accessing web site); (b) Induce the end user to install, download or execute software by misrepresenting the identity or authority of the person or entity providing the software to the end user; (c) otherwise engage in activities related to these requirements that are fraudulent, misleading, unlawful, or violative of the rights of third parties;
Last Updated: April 10th, 2020