VanceAd

-If Mobile Promotional Content transmitted includes any potentially misleading terms including, but not limited to, “free,” “complimentary,” “no charge,” “zero cost” and “no fee,” then such Mobile Promotional Content must clearly and conspicuously and in a font size of equal prominence and proximity disclose, prior to the consummation of the sale or other transaction: that such content is only free when the end-user consumer (“User”) makes a purchase and/or agrees to a subscription program; and all of the pricing, payment and other program related terms.

-VanceAd strictly forbids the display of terms transmitted via Mobile Promotional Content that represent or imply that an Mobile Program is limited to certain geographical areas. (E.g., “Offer only valid to residents of New Jersey.”)

-Mobile Promotional Content must be available via all carriers unless otherwise conspicuously disclose, prior to the consummation of the sale or other transaction, which content is available through which carriers.

-Mobile Promotional Content must be available via all wireless devices unless otherwise conspicuously disclose, prior to the consummation of the sale or other transaction, the specific makes and models for which content is available.

-Publishers must use creatives provided by VanceAd. Any changes to creatives must be approved in writing by a VanceAd Representive before deployment.

-All Mobile Promotional Content distributed must clearly and conspicuously disclose the following: (1) any initial and recurring charge, and the amount and frequency of any recurring charge; (2) whether any additional charges apply; and (3) if there is a recurring charge, that the User will be charged automatically until he/she cancels the applicable plan.

-You may not condition subscription to any Mobile Program upon the User’s agreement to receive advertising or promotional messages delivered electronically to such User’s mobile device via text messaging, e-mail or otherwise.

-Without limiting any of the foregoing, all Mobile Promotional Content transmitted by You in connection with an MOBILE Program must contain a link to the applicable terms and conditions of the applicable MOBILE Program, as well as all material terms of the applicable MOBILE Program (“Material Terms”) displayed clearly and conspicuously immediately adjacent to any and all applicable mobile device and/or P.I.N code “submit” field(s) or other button(s) that indicate(s) consent as each appear in the applicable order path (each, a “Submit Field”). Material Terms include, but are not limited to the following: program availability on a carrier-by-carrier basis; the cost of the product or service including, as applicable, whether other charges may apply if the User chooses to obtain such product or service; whether the charge(s) will be billed on the User’s wireless phone bill or deducted from his/her prepaid balance, and how the charge(s) will appear on the wireless phone bill; whether the MOBILE Program is offered via a subscription and if so, the length of the subscription term, the billing cycle for that subscription (e.g., weekly, monthly, yearly, etc.) and whether the User will be billed automatically at the commencement of each such billing cycle until cancelled; the name and toll free number or email address of the applicable sender any minimum age requirement; the cancellation policy; and that the User must be eighteen (18) years of age or older. All Material Terms of a MOBILE Program must be consistent across that MOBILE Program from the Creative to the corresponding landing page(s), confirmation page(s) and/or other web pages that are linked to such Creative so as not to be misleading.

-Must ensure that the phrase “terms and conditions” is clearly visible (via most major Internet Browsers) and linked to on every landing page or similar web page used in connection with a Mobile Program, as well as any and all Submit Fields appearing on any page in the order path, such that the User is provided with notice of, and the ability to access, such terms and conditions without having to scroll down on the applicable pages.

-Company strictly forbids the use of pre-checked boxes to indicate acceptance of the terms and conditions for any Mobile Program. Users must indicate their acceptance of an Mobile Program by affirmatively consenting to the terms and conditions for that Mobile Program.

-Where applicable, Publisher must comply with then current Mobile Marketing Association Rules regarding consumer opt-in requirements for the applicable MCS Program.

-Single opt-in is required for standard rate MCS Programs; and

-Double opt-in is required for premium rate MCS Programs.

-VanceAd strictly forbids the display of sexually-explicit materials via Mobile Promotional Content transmitted which includes, but is not limited to, Mobile Promotional Content from VanceAd. As an Publisher, You represent and warrant that Your Mobile Promotional Content programs will not contain objectionable content (including, but not limited to, content that is misleading, libelous, defamatory, obscene, offensive, violent, bigoted, hate-oriented, illegal and/or that promotes illegal goods, services or activities).

-You shall distribute only such Mobile Promotional Content that includes an associated privacy policy that complies with federal and state privacy laws, and that meets the test of reasonable commercial best practices applicable to privacy policies. Your data treatment and privacy practices must adhere to Your applicable privacy policy, in both letter and in spirit, in all respects and with no exceptions. The privacy policy must be available for viewing from each domain associated with Your Mobile Promotional Content transmission via a clickable link. Such link must include the term “privacy” or “privacy policy.”

-Company strictly forbids You to transmit Mobile Promotional Content to anyone under the age of eighteen (18). Notwithstanding the foregoing, You shall distribute only such Mobile Promotional Content that complies with all applicable laws associated with children and marketing including, but not limited to, the Children’s Online Privacy Protection Act (“COPPA”), rules promulgated pursuant thereto and regulations regarding age restrictions for particular products. This includes, but is not limited to, Mobile Promotional Content containing cartoons or other images that might be considered tailored or attractive to children.

-VanceAd strictly forbids the use of social media profiles (e.g., MySpace, Facebook, Tribe) to advertise or distribute Mobile Promotional Content. This does not preclude You from purchasing banner advertisements on social media websites to advertise and distribute Mobile Promotional Content.

-Your distribution of Mobile Promotional Content in connection with any and all MobilePrograms must not: (1) infringe, misappropriate or otherwise violate any copyright, patent, trademark, trade secret or other similar intellectual property right of any third party; (2) otherwise violate or breach any duty toward, or rights of, any person or entity including, without limitation, rights of privacy and publicity; or (3) result in any consumer fraud, product liability or breach of contract to which You are a party.

-Publishers shall not use VanceAd or its represented Advertisers’ names (including any abbreviation thereof) or any trademark, trade name, service mark, logo or other Company-identifying information in any part of any Mobile Promotional Content transmission unless otherwise directed by a VanceAd Representative in writing.

-Other than where disclosure of availability on a carrier-by-carrier basis is required, You shall not represent or imply that You are affiliated with any carriers, or otherwise improperly use carrier names (including any abbreviation thereof) or any carrier’s trademark, trade name, service mark, logo or other carrier-identifying information in any part of any Mobile Promotional Content transmission unless otherwise directed by a VanceAd Representative in writing.

-You shall not falsely represent or imply that You are certified by any third-party in any part of any Mobile Promotional Content transmission. This includes but is not limited to falsely representing that Your website has been “certified by TRUSTe,” or falsely representing that You are an “Official Partner” of a carrier or other large corporation.

-You must be clear, complete and forthcoming in all statements directed at and concerning VanceAd, its Advertisers and recipients of Mobile Promotional Content.