TRAFFIQ Policies

TRAFFIQ believes that in order to provide a truly open and transparent exchange for advertising, there must be reasonable policies in place to assure that all of its market participants – Buyers, Sellers and TRAFFIQ – are transacting with one another in a fair, uniform and lawful manner. To that end, TRAFFIQ has created the policies set forth below to set down binding obligations for Buyers, Sellers and TRAFFIQ alike. These Policies are incorporated into each of our TRAFFIQ Buyer Agreement and TRAFFIQ Seller Agreement and, as such, are binding on Buyers, Sellers and TRAFFIQ at all times when utilizing the TRAFFIQ Exchange to transact business.

For Buyers, our policies relate to the content of Ads to be displayed through TRAFFIQ on our Sellers’ Sites. For Sellers, our policies relate to the content of the Sites which are acceptable for the creation of Listings and the sale of available Inventory through TRAFFIQ to our Buyers. Capitalized terms not used herein shall have the meanings set forth in the TRAFFIQ Buyer Agreement and TRAFFIQ Seller Agreement.

Advertisement Content Policy

As most advertisers (Buyers) and website publishers (Sellers) know, the content of an Ad is often subject to legal scrutiny and cultural sensitivities. To be certain that all Ads delivered to our Sellers’ Sites through the TRAFFIQ Exchange meet both standards, thereby avoiding risks for our Buyers, Sellers and TRAFFIQ, we have developed the following Advertisement Content Policy, which is binding on all Buyers when submitting Ad Materials to TRAFFIQ in accordance with the terms of the Buyer Agreement.

Similarly, it is a Seller’s responsibility to utilize the review period for the Ad Materials, as provided for in the TRAFFIQ Seller Agreement, to accept or reject the Ad Materials, based upon the conformity of the Ad Materials to this Advertisement Content Policy and any particular specifications as to the Ad Materials set forth in the Listing. To the extent a Seller accepts Ad Materials that are not in conformity with this Advertisement Content Policy or the Listing specifications; Seller waives its right to seek indemnification and/or damages from TRAFFIQ in such instances.

Buyers may not submit any Ad Materials to TRAFFIQ that promote or which link to websites that promote any 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 Ad 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;
  • Products and/or services that promote, encourage, facilitate, obfuscate and/or result in fraud;
  • Based on the individual laws of the countries in which Ad Materials are to be displayed, 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 Ad Materials will be displayed;
  • Prescription drugs or products represented to have the effects of prescription drugs, where the website to which the Ad Materials directs an Internet end-user is not verified through PharmacyChecker’s Verification Program (pharmacychecker.com) and/or which could result in the violation of any applicable law, rule and/or regulation in the jurisdiction(s) in which such Ad Materials will be displayed;
  • Pornography involving anyone under the age of 18 years old, non-consensual sexual activity, bestiality, sexually suggestive materials involving anyone under the age of 18 years old in any way; and/or
  • Activities that promote, encourage, facilitate, obfuscate and/or result in or might generally be perceived to be a threat to public or national security.

Additionally, Buyers may not submit Ad Materials to TRAFFIQ that:

  • Utilize a third party’s copyrighted materials without the express permission of such third party copyright holder;
  • Utilize a third party’s federally trademarked materials without the express permission of such third party trademark holder;
  • Violate the designations set forth in a Listing with respect to the type of Ad Materials that will be accepted (i.e., adult, no-adult, gambling, no gambling, and/or as otherwise specified in the Listing, etc…);
  • Violate the formats set forth in a Listing with respect to the type of the Ad Materials that will be accepted (i.e., Flash, HTML only, animated, Ad sizes, image quality, Ad layout, etc…);
  • Contains 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 TRAFFIQ and/or a Seller when an Ad is displayed to an Internet end user;
  • Contains a URL that links to a website that triggers a pop-up, pop-under and/or other type of interstitial advertisement upon being delivered to and/or exiting from the website referenced in the URL.
  • Contains offensive, deceptive or inappropriate language and/or images;
  • Contains inaccurate and/or unsupported claims about the product or service being advertised; and/or
  • Contains misleading offers, and/or offers of discounts, free goods or services, special rates and/or certain other claims that are not substantiated in the website to which the Ad Materials link via the URL.

In general, it is a Buyer’s responsibility, notwithstanding the specific instances outlined above, to make certain that the Ad Materials Buyer submits to TRAFFIQ conform with any and all applicable laws, rules and regulations for the jurisdictions in which the Ads are to be displayed.

TRAFFIQ reserves the right to reject any Ad Materials that do not meet any portion of the above Advertisement Content Policy, as determined by TRAFFIQ in its sole and absolute discretion.

Seller Site Content Policy

It is widely accepted that the value of a Seller’s Inventory is established by Buyers based on, among other factors, the Site’s brand, the content of the Site, the Site’s audience, and the relationship between the Site content and a potential Buyer’s product or service. In the TRAFFIQ Exchange, it is at the Seller’s discretion when creating a Listing as to whether or not to disclose the identity of the Site where the Ads will be displayed. To be certain that Inventory listed for sale on the TRAFFIQ Exchange does not subject our Buyers or TRAFFIQ to legal scrutiny or cultural sensitivities, TRAFFIQ has developed the following Seller Site Content Policy, which is binding on all Sellers when submitting Listings to TRAFFIQ in accordance with the terms of the Seller Agreement, regardless of whether the Site is identified in the Listing or not.

Upon the sale of a Listing, the Buyer that submitted the Winning Bid or One-CLIQ Buy Price, and TRAFFIQ will have access to the identification of the Site where the Ads will be displayed. It is Buyer’s responsibility to review at that time the Seller’s Site content to confirm that it meets the descriptions set forth in the Listing, as well as the Seller Site Content Policy below, and if not, to notify TRAFFIQ of its concerns. If Buyer does not provide notice to TRAFFIQ that the Seller’s Site content does not meet the descriptions set forth in the Listing and/or the Seller Site Content Policy, Buyer waives its right to seek indemnification and/or damages from TRAFFIQ, subject at all times to the terms of the Buyer Agreement with respect to subsequent material changes to the Seller’s Site content.

Sellers may not submit Listings to TRAFFIQ where the Site from which the Inventory will be derived promote any 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) for which Inventory is being offered for sale;
  • 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;
  • Products and/or services that promote, encourage, facilitate, obfuscate and/or result in fraud;
  • Based on the individual laws of the countries in which Ad Materials are to be displayed, 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, where prohibited by any applicable law, rule and/or regulation in the jurisdiction(s) for which Inventory is being offered for sale;
  • Prescription drugs or products represented to have the effects of prescription drugs, where the website is not verified through PharmacyChecker’s Verification Program (pharmacychecker.com) and/or where prohibited by any applicable law, rule and/or regulation in the jurisdiction(s) for which Inventory is being offered for sale;
  • Pornography involving anyone under the age of 18 years old, non-consensual sexual activity, bestiality, sexually suggestive materials involving anyone under the age of 18 years old in any way; and/or
  • Activities that promote, encourage, facilitate, obfuscate and/or result in or might generally be perceived to be a threat to public or national security.

Additionally, Sellers may not submit Listings to TRAFFIQ where the Site from which the Inventory will be derived:

  • Utilize a third party’s copyrighted materials without the express permission of such third party copyright holder;
  • Utilize a third party’s federally trademarked materials without the express permission of such third party trademark holder;
  • Contain offensive, deceptive or inappropriate language and/or images; and/or
  • Contain inaccurate and/or unsupported claims.

In general, it is a Seller’s responsibility, notwithstanding the specific instances outlined above, to make certain that the Inventory for which a Seller submits a Listing to TRAFFIQ are derived from a Site that conforms with any and all applicable laws, rules and/or regulations in the jurisdiction(s) for which Inventory is being offered for sale.

TRAFFIQ reserves the right to reject any Listings that do not meet any portion of the above Seller Site Content Policy, as determined by TRAFFIQ in its sole and absolute discretion.

The above policies are subject to amendment at any time by TRAFFIQ in its sole and absolute discretion, provided however, that any amendments will not be effective for those Orders where it was not timely provided to Buyers and Sellers as set forth in the TRAFFIQ Buyer Agreement and TRAFFIQ Seller Agreement, respectively.

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