Trestle Ad Policy
eyeo GmbH (the “Company”) has created this Ad Policy (“Policy”) to set down binding obligations on third parties who enter into agreements with the Company for the provision of advertising and other services by the Company on behalf of such third parties (“Customers”) and/or the display of Advertising Materials (as defined below) on web pages, domains, properties, applications, mobile devices, or other platforms by the Company on behalf of such third parties (collectively, “Company Properties”). This Policy is incorporated into all Company advertising agreements, master services agreements, affiliate agreements, insertion orders, and any other Company agreements that reference this Policy, and as such, is binding at all times on Customers who receive advertising and other services from the Company. The Company reserves the right to refuse any Advertising Materials the Company believes to be in violation of this Policy.
All advertisements (in any form including graphical, audio, video, multimedia, or text-based), listings, landing pages linked to advertisements, artwork, copy, articles, images, Flash, rich media, audio/video files, procured content, code, directories, databases, trade dress, and all related technical features or other creative elements, including Ad tracking technologies used in connection with any of the foregoing (collectively, “Advertising Materials”) provided by Customer to Company in connection with the performance by Company of any agreement between Company and Customer must meet the standards and requirements of this Policy. The Company retains sole discretion regarding this Policy including its application and interpretation. The Company may change this Policy at any time. All Advertising Materials must be professional, clear, precise and directly related to content linked to the advertisement and comply with all Applicable Laws. For purposes hereof, “Applicable Law” means any applicable national, federal, foreign, state, and local laws, rules, and regulations and/or self-regulatory guidelines related to advertising, the Internet, privacy, telemarketing, and unfair business practices, and which shall include for the avoidance of doubt the European Union Regulation 2016/679 (“GDPR”). All Advertising Materials must adhere to the Acceptable Ads Standard available at https://acceptableads.com/standard/, as may be amended from time to time.
The Advertising Materials shall NOT promote any or contain of the following:
- Products and/or services that promote, encourage, facilitate, obfuscate and/or result in the violation of any applicable law, rule and/or regulation in the jurisdiction(s) in which such Advertising Materials will be displayed;
- Discrimination, defamation, prejudice and/or violence against any individual and/or group based on race, religion, ethnicity, national origin, color, gender, sexual orientation, age, disability, or veteran status;
- Gratuitous sex, violence and/or profanity;
- Products and/or services that promote, encourage, facilitate, obfuscate and/or result in fraud;
- Online gaming, including online bingo, lotteries, casinos, sports books, poker, mahjong, blackjack, among other games of chance, as well as any goods or services related to any of the foregoing, which could result in the violation of any applicable law, rule and/or regulation in the jurisdiction(s) in which such Advertising Materials or content will be displayed;
- Prescription drugs or products represented to have the effects of prescription drugs, where the website to which the Advertising Materials directs an Internet end-user is not verified through PharmacyChecker’s Verification Program (https://www.pharmacychecker.com/sealprogram/choose.asp) and/or which could result in the violation of any applicable law, rule and/or regulation in the jurisdiction(s) in which such Advertising Materials will be displayed;
- Sexually suggestive, explicit or pornographic content, expressly including any such content or materials involving anyone under the age of 18 years old, non-consensual sexual activity, bestiality, necrophilia, incest, or sexually suggestive materials involving anyone under the age of 18 years old in any way;
- Malware, spyware, or other malicious code or software;
- Piracy (of software, videos, audio/music, books, video games, etc.), hacking/cracking/phreaking, content unlockers, emulators/ROMs, or violations of the rights of others, such as intellectual property or privacy rights;
- Illegal investment, money making opportunities, pyramid schemes; and/or
- Activities that promote, encourage, facilitate, obfuscate, and/or result in or might generally be perceived to be a threat or perceived threat to public or national security.
Additionally, none of the Advertising Materials shall:
- Utilize, infringe or misappropriate Company’s or a third party’s copyrighted materials, federal trademarks, trade secrets, patents, or other rights without the express permission of Company or such third party, including without limitation the use of brands and/or logos that are not associated with the product or service being offered;
- Utilize the names and/or likeness of any celebrity without the express permission of such celebrity;
- Contain “fake news” or deliberate disinformation or hoaxes;
- Violate the formats or designations set forth in any agreement with Company with respect to the type of Advertising Materials that will be accepted (e.g., no-adult, gambling, Flash, HTML only, animated, advertising sizes, image quality, ad layout, etc …);
- Contain a URL that links to a non-functional website or links to a website other than the website referenced in the URL;
- Have the effect of disabling tracking by Company or any third party engaged by Company to conduct tracking on its behalf when such Advertising Materials are displayed to an end-user;
- Contain pre-populated boxes or deliver an end user to a location other than the location reasonably represented by such Advertising Materials;
- Expand, pop up, spawn additional windows or messages beyond the original Ad, or otherwise obscure any portion of the Company Properties by any means or in any way without an end user’s consent as reasonably demonstrated through his or her affirmative action (e.g., click) on such Advertising Materials;
- Contain language and/or offers that refer to potential computer threats, viruses, file damage and related materials that might compel an end user to artificially interact with the Advertising Materials;
- Intentionally obscure or falsify the source of the inventory or artificially inflate the volume of such inventory in any way;
- Contain offensive, deceptive or inappropriate language and/or images;
- Contain any material that is harmful, abusive, vulgar, or obscene;
- Contain misleading, manipulative, deceitful, misleading, unsubstantiated, inaccurate, and/or unsupported claims about the product(s) or service(s) being advertised;
- Contain viruses, trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines;
- Install any program on an end user’s computer or replace an end user’s home page without such end user’s express and informed consent;
- Be targeted to children under the age of 13 years or that could violate the Children’s Online Privacy Protection Act (“COPPA”) or similar applicable laws;
- Target an internet end user on the basis “Sensitive” data pursuant to applicable industry guidelines;
- Auto-forward an end user’s browser;
- Resemble system dialogue boxes or error messages; and/or
- Link to any landing page which violates this Policy, as if such landing page were deemed Advertising Materials for purposes hereof.
- Self-Regulatory Principles of the Digital Advertising Alliance (“DAA”), currently available at http://www.aboutads.info/principles.
- NAI Code of Conduct, currently available at NAI Mobile Application Code (currently available at http://www.networkadvertising.org/mobile/NAI_Mobile_Application_Code.pdf).
The Company reserves the right to reject any Advertising Materials that do not meet any portion of the above Policy, as determined by Company in its sole and absolute discretion. Display of Advertising Materials that are in violation of the above Policy shall be deemed a material breach of the agreement Customer has with Company.