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Jumbleberry Advertising Policies


01

Overview

Understanding our Policies

Our Advertising Policies provide guidance on what types of ad content are allowed and requirements for running traffic on the Jumbleberry network.

Jumbleberry enables affiliates and advertisers of all sizes, from around the world, to promote a wide variety of products and services across our network. We want to help you reach existing and potential customers and audiences. However, to help create a safe and positive experience we regularly review changes in online trends and practices, industry norms, and regulations. And, in crafting our policies, we also think about our values and culture as a company, as well as operational, technical, and business considerations. As a result, we have created a set of policies that apply to all promotions on the Jumbleberry network.

Jumbleberry requires that affiliates and advertisers comply with all applicable laws and regulations and the Jumbleberry policies described herein. It's important that you familiarize yourself with and keep up to date on these requirements for the places where your business operates, as well as any other places your ads are showing. We may review your ad content for compliance with these requirements and the Jumbleberry Advertising Policies at any time. If we find content that violates these requirements, we may request you to make changes or suspend your account until changes have been made, and in cases of repeated or egregious violations, we may permanently suspend you from the Jumbleberry network.

Affiliate Responsibilities

For more details on certain requirements and prohibitions specific to Affiliates running in the Jumbleberry network please see our current Affiliate Terms of Use Agreement which is subject to change from time to time.

Advertiser Responsibilities

For more details on certain requirements and prohibitions specific to Advertisers running in the Jumbleberry network please see refer to your Advertiser IO and Master Service Agreement.


02

Prohibited Content

Copyright and brand infringement

Jumbleberry prohibits copyright and brand infringement. This includes content that contains a trademark or logo or images that are identical to or substantially indistinguishable from the trademark or branding of another or they mimic the brand features of a product, person, or publication, etc., in an attempt to pass themselves off as a genuine product of the brand owner.

Examples of copyright and brand infringement: pages that mimic the look of a well-known publication (ex. Fox News, CNN, Women’s Life), use of celebrity images to imply an affiliation with a brand or celebrity when there is no relationship (ex. fake article about or from “Dr. Oz”)

Enabling dishonest behavior

We value honesty and fairness, so we don't allow the promotion of products or services that are designed to enable dishonest behavior.

Inappropriate content

We value diversity and respect for others, and we strive to avoid offending users, so we don’t allow ads or destinations that display shocking content or promote hatred, intolerance, discrimination, or violence.

Examples of inappropriate or offensive content: bullying or intimidation of an individual or group, racial discrimination, hate group paraphernalia, graphic crime scene or accident images, cruelty to animals, murder, self-harm, extortion or blackmail, sale or trade of endangered species, ads using profane language


03

Prohibited Practices

Abusing the network

We want ads across the Jumbleberry Network to be useful, varied, relevant, and safe for users. We don’t allow ads, content, or destinations that are malicious or attempt to trick or circumvent our ad review processes. We take this issue very seriously, so play fair.

Examples of abuse of the network: promoting content that contains malware; "cloaking" or using other techniques to hide the true destination that users are directed to; "arbitrage" or promoting destinations for the sole or primary purpose of showing ads; promoting "bridge" or "gateway" destinations that are solely designed to send users elsewhere; "gaming" or manipulating settings in an attempt to circumvent our policy review systems

Data collection and use

We want users to trust that information about them will be respected and handled with appropriate care. As such, our advertising partners should not misuse this information, nor collect it for unclear purposes or without appropriate security measures.

Examples of user information that should be handled with care: full name; email address; mailing address; phone number; etc.

Examples of irresponsible data collection & use: obtaining credit card information over a non-secure server; violations of our policies that apply to interest-based advertising and remarketing

Misrepresentation

We don't want users to feel misled by ads that we deliver, so we strive to be clear and honest, and provide the information that users need to make informed decisions. We don’t allow ads or destinations that intend to deceive users by excluding relevant information or giving misleading information about products, services, or businesses.

Examples of misrepresentation: omitting or obscuring billing details such as how, what, and when users will be charged;; failing to display contact information, or physical address where relevant; making offers that aren't actually available; making misleading or unrealistic claims regarding weight loss or financial gain; "phishing" or falsely purporting to be a reputable company in order to get users to part with valuable personal or financial information


04

Restricted Content

The policies below cover content that is sometimes legally or culturally sensitive. Online advertising can be a powerful way to reach customers, but in sensitive areas, we also work hard to avoid showing these ads when and where they might be inappropriate.

For that reason, we allow the promotion of the content below, but on a limited basis. These promotions may not show to every user in every location, and advertisers may need to meet additional requirements before their ads are eligible to run. Note that not all ad products, features, or networks are able to support this restricted content.

Adult content

Ads should respect user preferences and comply with legal regulations, so we don’t allow certain kinds of adult content in ads and destinations. Some kinds of adult-oriented ads and destinations are allowed if they don’t target minors, but they will only show in limited scenarios based on user search queries, user age, and local laws where the ad is being served.

Copyrights

We abide by local copyright laws and protect the rights of copyright holders, so we don’t allow ads that are unauthorized to use copyrighted content. If you see unauthorized content, submit a copyright-related complaint to compliance@jumbleberry.com.

Financial services

We want users to have adequate information to make informed financial decisions. Our policies are designed to give users information to weigh the costs associated with financial products and to protect users from harmful or deceitful practices. For the purposes of this policy, we consider financial products and services to be those related to the management and investment of money, including personalized advice.

When promoting financial services and products, you must comply with state and local regulations for any region that your ads target — for example, include specific disclosures required by local law.

Trademarks

There are multiple factors that determine when trademarks can be used in Jumbleberry ads. Along with the factors described herein, these policies apply only when a trademark owner has submitted a valid complaint to Jumbleberry.

Legal requirements

You’re always responsible for ensuring that you comply with all applicable laws and regulations, in addition to Jumbleberry's advertising policies, for all of the locations where your ads are showing.

Other restricted businesses

When people click on your ads, we want to be sure that they won’t be exploited or deceived. We don’t allow advertisers to promote untrustworthy business practices.


05

Common Advertising Compliance Issues

False Advertising Claims

Material advertising claims must be substantiated. There are different types of false advertising claims.

Ad claim is literally false

Example “We are the only manufacturer of BPA-free bottles” is literally not true where a consumer can get a BPA-free bottle manufactured elsewhere.

Ad is implicitly false

An ad may technically be true but misleading at the same time so it is important to consider how and what might the consumer take to be the message.

Example – an ad claiming a product is “cholesterol free” might technically be true but is misleading if the product actually increases cholesterol levels

Ad is “false by necessary implication”

An ad may be literally true but has one unambiguous, false meaning in context.

Example – an ad claiming “No restaurant chef in New York uses an ABC mixer” which suggests that ABC makes a professional-grade mixer rejected by New York chefs – so while the statement may be literally true it would be false by necessary implication if ABC doesn’t actually make a professional-grade mixer

Ad is not substantiated

The evidence required to substantiate an ad depends on what the claims say.

Example – the claim “two out of three doctors recommend ABC” requires a reliable survey Example – an establishment claim, such as “tests prove X,” or “studies show X,” must be supported by “competent and reliable scientific evidence”— i.e., tests, studies, or scientific evidence evaluated by qualified people, using methods accepted by experts

Substantiating Advertising Claims

When an ad contains a claim that can be measured or otherwise proved true or false, there must be a “reasonable basis” for the claims, i.e. the amount and type of substantiation experts in the field believe are reasonable to support to claim.

Health claims, for example, often must be substantiated by well-controlled, double-blind human clinical studies.

Important questions to ask if you are making health claims to sell your product or service

  • Does your ad contain numerical or comparative claims (e.g., “contains 20% fewer calories than the leading brand”)?
  • Does your ad contain express statements (e.g., “studies prove” or “two out of three doctors recommend”) about the amount or type of support you have for your product or service? If so, do you have the amount or type of support claimed?
  • Are you relying on studies of your product to substantiate your claims? If you are relying on studies of other products, do those products contain the same ingredients, in the same quantity and of the same quality, as your product?
  • Are there studies of the product about which you are making claims that contradict the study or studies you are relying on for substantiation?

Endorsements and Testimonials

Marketers must disclose material connections with endorsers, and when using consumer testimonials that may represent an atypical experience with a product or service they must clearly disclose the results that a consumer can generally expect.

Important questions to ask when using endorsements or testimonials

  • Does the endorsement fail to accurately represent the endorser’s experience with the product?
  • Is the endorser’s experience atypical of what a user of the product or service can expect?
  • Was a non-celebrity endorser aware of the possibility of payment prior to making the endorsement? Were they supplied with free product?
  • Celebrity endorsers do not need to disclose payment in recognized advertising, but is it clear that the endorsement is an ad? For example, a celebrity tweet may not be perceived as an ad.
  • Do you or your organization have an undisclosed relationship with the endorser that could lead to possible bias (e.g., a family member)?
  • If your endorser is an “expert” with respect to the product or service, did he/she fail to actually evaluate the product or service?

For more information, click here for FTC Endorsements guidelines and resources.

Negative Option Marketing

  • Includes pre-notification negative option plans, continuity plans, automatic renewals, and free-to-pay (or nominal fee-to-pay conversions) - these need to be accompanied by clear and conspicuous complete disclosures (e.g., prominent, stated clearly, placed where they will be read, close to where the consumers’ attention is likely to be focused). Negative option marketing rules and guidelines are covered under several US laws, including ROSCA.

Important questions to consider when you are marketing a negative option or continuity plan

  • Are the material terms of the negative option offer disclosed in an understandable manner, including existence of the offer price and how to cancel? Are the disclosures clear and conspicuous especially on mobile devices?
  • Are the disclosures made before the consumer agrees to buy and enroll?
  • Has the consumer indicated in a meaningful way that he or she understands and consents to the negative option offer, not just the trial offer?
  • Is there a convenient and effective way to cancel enrollment?
  • Is the company honoring its cancellation and refund policies?
  • Are you complying with California’s post-transaction confirmation requirement?
  • Finally, is the company receiving complaints from consumers, the BBB, or state AGs that consumers do not understand that they are enrolling in the program or are having a difficult time cancelling? If so, you probably need to look at your practices.

Native Advertising

When you have paid to place an article about the features and benefits of your product or product category or that disparages a competitor’s product then you should be disclosing the sponsorship of the content.

Important things to consider when using native advertising

  • Product placement on television or in movies does not always trigger a disclosure obligation. If the product is shown as selected over other products or providing a benefit to users, this likely goes beyond product placement and triggers a need to disclose. Similarly, if the product is being used by an “expert” (e.g., home improvement professional), a disclosure may be needed.
  • Have you paid to include a link to news about your brand on a publisher’s website? Disclosure that the link is sponsored is required, and if the news you are linking to is also native advertising, then disclosure should appear in the article as well.
  • How have you accomplished disclosure? This can be done in multiple ways, including a statement in the article itself that you were involved in the creation or curation of the content. It can also be done with conspicuous headers that make it clear that the content is “advertising” or is “sponsored,” sometimes with background shading or borders to further distinguish the sponsored content. Disclosure at the end of an article or at the bottom of a webpage is not sufficient. The FTC’s preference is top left above the byline. For video content, the disclosure should be in the video itself and not just in the description at the bottom.
  • Do you partner with an advertising widget content provider or service that places links to your content on other third-party publisher websites? If so, make sure the links used to describe your content are accurate and state unmistakably that readers are traveling to advertising content.

For more information, click here for the FTC Native Advertising: A Guide for Businesses.

Made in USA Claims

The FTC, as well as other states such as California, have created very specific guidance and laws on what it means for a product to be of USA origin. The FTC requires final assembly takes place in the USA and “all or virtually all” of the product must be attributable to USA sources. A claim of “Manufactured in the USA” or “Crafted in the USA” are considered to be the same as a “Made in USA” claim by the FTC.

Considering the following before making Made in USA claims

  • Analyze your cost of goods sold to make sure manufacturing takes place in and the significant majority of the components or ingredients are also from the United States.
  • Look back and ask your suppliers where the inputs originated. It is not sufficient to buy a part from a U.S. company and assume that part is American made.
  • If your product must be labelled as made in a foreign country under U.S. customs laws, you cannot make a Made in USA claim.
  • Featuring a flag or an eagle could be understood as making a Made in USA claim.
  • If you market in California, analyze your claim for compliance with California’s Made in USA law, which has U.S. wholesale value thresholds of 90% or 95%, depending upon certain factors.

For more information, click here for a link to FTC: Made in USA guidelines and resources.

Sale and Free Claims

Consider the following when making “sale” or “free” claims

  • Do not have “perma-sales.” Consider flexing your sale and regular price. If a deal is ongoing, it should not be called out in a way that implies it is a limited offer.
  • Before making a percentage off or a “compare at” price claim, make sure the higher price used for a comparison is a real price. It should be either a price at which you have sold the good recently or a price other retailers have used to sell the same product. Never create a fictitious higher price to make “sale” reductions more attractive.
  • If you are comparing the price to comparable but not identical merchandise, this needs to be made clear.
  • “Free” offers, such as “BOGOs,” must really be free. If customers need to pay separate postage and handling for the free item, this must be disclosed clearly and conspicuously.

06

General and Resources

For any questions related to the Jumbleberry Advertising Policies please send an email to compliance@jumbleberry.com

The Jumbleberry Advertising Policies are subject to change from time to time. We encourage you to review and familiarize yourself with these policies on a regular basis.

Please check out these helpful resources from the FTC on common advertising and marketing compliance issues:

FTC: Dietary Supplement: An Advertising Guide for Industry
FTC: Online Advertising and Marketing
FTC: Health Claims
FTC: Made in USA
FTC: Endorsements
FTC: Native Advertising: A Guide for Businesses
FTC: ROSCA (Restore Online Shopper’s Confidence Act)