ACCEPTABLE USE POLICY REGARDING MOBILE MARKETING
Latest Update: NOVEMBER 30, 2014.
This Mobile Acceptable Use Policy ("Mobile AUP") describes the proper kinds of conduct and prohibited uses of the services in relation to mobile marketing (hereinafter collectively referred to as “The Services”) of InstantDollarz Incorporated and its subsidiaries, divisions and related web sites (hereinafter collectively referred to as “IDz”), as described and subscribed to pursuant to the Terms and Conditions Agreement (“Agreement”) and the Email, Adware and Search AUPs, also available on this website. The Mobile AUP is not exhaustive and IDz reserves the right to modify the Mobile AUP at any time, effective upon posting of the modified Mobile AUP to www.instantdollarz.com. By registering for and using the Services, and thereby accepting the binding terms and conditions of the Agreement, you agree to abide by the Mobile AUP as modified from time to time. Any violation of the Mobile AUP may result in the suspension or termination of your account and such other action as IDz deems appropriate.
The Agreement states the minimum standards that You and Your Affiliated Third Parties must adhere to in light of current laws, rules and regulations governing, and industry best practices applicable to, the transmission of mobile promotional content ("MPC"). In the event that any state or federal law, rule or regulation governing the transmission of commercial MPC is enacted or amended setting forth standards more restrictive than those set forth herein, the more restrictive standards contained in such subsequently enacted or amended law, rule or regulation shall apply to You and Your Affiliated Third Parties.
Where authorized by both IDz and the applicable Advertiser, the following terms and conditions apply to all MPC campaigns transmitted by you on behalf of such Advertiser(s). IDz will allow MPC to be transmitted by you, in connection with any campaign where such MPC comply with (a) all applicable laws and regulations that govern MPC marketing, including but not limited to the United States' the Mobile Marketing Association's Consumer Best Practices Guidelines for Cross-Carrier Mobile Content Services and the Mobile Marketing Association's Code of Conduct (jointly, the "Mobile Marketing Association Rules"), and (b) any regulations promulgated by the Federal Trade Commission. IDz and, where applicable, Advertiser, reserve the right to decide reasonability with regards to any of these conditions set forth herein.
All MPC transmitted by you must, at a minimum, comply with all applicable laws relating thereto and adhere to the following obligations, as determined by IDz and, where applicable, Advertiser, in their joint and exclusive discretion:
• Required Disclosures/Prohibited Offers:
(i) If MPC transmitted by You includes any potentially misleading terms including, but not limited to, "free," "complimentary," "no charge," "zero cost" and "no fee," then such MPC 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: (1) , that such content is only free when the end-user consumer ("User") makes a purchase and/or agrees to a subscription program; and (2) all of the pricing, payment and other program related terms set forth in 6(b) below.
(ii) IDz strictly forbids the display of terms transmitted by You via MPC that represent or imply that an MPC campaign is limited to certain geographical areas. (E.g., “Offer only valid to residents of New Jersey.”)
(iii) MPC must be available via all carriers unless You otherwise conspicuously disclose, prior to the consummation of the sale or other transaction, which content is available through which carriers.
(iv) MPC must be available via all wireless devices unless You otherwise conspicuously disclose, prior to the consummation of the sale or other transaction, the specific makes and models for which content is available.
(v) All MPC distributed by You 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.
(vi) You may not condition subscription to any MPC 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,
• Consistency of Disclosures: Without limiting any of the foregoing, all MPC transmitted by You in connection with an MPC campaign must contain a link to the applicable terms and conditions of the applicable MPC campaign, as well as all material terms of the applicable MPC campaign (“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: (i) program availability on a carrier-by-carrier basis; (ii) 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; (iii) 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; (iv) whether the MPC campaign 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; (v) the name and toll free number or email address of the applicable sender; (vi) any minimum age requirement; (vi) the cancellation policy; and (vii) that the User must be eighteen (18) years of age or older. All Material Terms of an MPC campaign must be consistent across that MPC campaign 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. IDz shall have final say in determining the Material Terms for any and all MPC campaigns, and whether such Material Terms as presented across a particular MPC campaign are consistent.
• User Consent to Terms and Conditions of an MPC campaign:
(i) You 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 an MPC campaign, 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.
(ii) IDz strictly forbids the use of pre-checked boxes to indicate acceptance of the terms and conditions for any MPC campaign. Users must indicate their acceptance of an MPC campaign by affirmatively consenting to the terms and conditions for that MPC campaign.
(iii)Where applicable, Publisher must comply with then current Mobile Marketing Association Rules regarding consumer opt-in requirements for the applicable MPC campaign.
• Appropriate MPC: IDz strictly forbids the display of sexually-explicit materials via MPC transmitted by You, which includes, but is not limited to, MPC from IDz. No MPC may display content that fails to satisfy all of the requirements of the Terms and Conditions. As a publisher, You represent and warrant that Your MPC 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). IDz will have final approval on all MPC. Any and all email marketing campaigns delivered by You to mobile devices must strictly comply with the terms and conditions of our Email AUP.
• Children: IDz strictly forbids You to transmit MPC to anyone under the age of eighteen (18). Notwithstanding the foregoing, You shall distribute only such MPC 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, MPC containing cartoons or other images that might be considered tailored or attractive to children.
• Social Media: IDz strictly forbids the use of social media profiles (e.g., MySpace, Facebook, Tribe) to advertise or distribute MPC. This does not preclude You from purchasing banner advertisements on social media websites to advertise and distribute MPC.
• Intellectual Property:
(i) Your distribution of MPC in connection with any and all MPC campaigns 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.
(ii) You shall not use IDz or its represented Advertisers’ names (including any abbreviation thereof) or any trademark, trade name, service mark, logo or other IDz-identifying information in any part of any MPC transmission unless otherwise directed by IDz in writing.
(iii) 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 MPC transmission unless otherwise directed by IDz in writing.
(iv) You shall not falsely represent or imply that You are certified by any third-party in any part of any MPC 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.
• A Clear History: You must have a strong track record of compliance with the terms and conditions of this Mobile AUP, as well as applicable laws, rules, regulations and industry standards governing the marketing and promoting of consumer goods at all times, both prior to, and after, the commencement of Your relationship as an Publisher. You shall immediately alert IDz in the event that any litigation or investigation ensues concerning You, Your parent entities’, subsidiaries’, Your affiliates’ and/or Affiliated Third Parties’ MPC practices (regardless of whether such litigation relates to Your relationship with IDz).
• Truthfulness: You must be clear, complete and forthcoming in all statements directed at and concerning IDz, its Advertisers and recipients of MPC.
• Violations: IDz will strictly enforce a zero tolerance policy with respect to the publication of MPC programs and services, as well as any and all marketing activities associated therewith. IDz reserves the right to shut down or disable any MPC campaign, as well as any Publisher’s participation therein, at any point if it appears that a violation of this Mobile AUP and/or the Agreement has occurred in IDz’s sole and absolute discretion.