AOL MediaSpace UK

ALCOHOLIC DRINKS

Advertising of alcoholic drinks (those exceeding 1.2% alcohol by volume) is generally acceptable, subject to UK law and any applicable AOL guidelines on specific parts of the AOL Services. Alcohol advertising in AOL areas that are directed towards minors or where minors make up a significant portion of traffic in the area, for example, the Kids, Teens, and Learning areas, and is also prohibited in the Health channel. Advertising in areas such as the Entertainment Channel, will be considered on a case-by-case basis.

All advertising of alcoholic drinks must comply with the CAP Code and the Portman Group code of practice relating to the naming, packaging and advertising of alcoholic products. Where required by law, the advertiser must disclose in the advertisement the name and city of the brewer, producer, packer, wholesaler, or importer responsible for its transmission.

If any advertising leads to an area where alcohol can be purchased, the advertiser/merchant must verify in writing that it has (a) an age verification mechanism to ensure compliance with applicable age limitation regulations; and (b) a shipping verification mechanism to ensure compliance with any legal restrictions prohibiting the shipping of alcoholic beverages into the UK.

Such mechanisms must be disclosed clearly and prominently on the online order form. AOL reserves the right, in its discretion, to take steps to assure that the age and shipping verification mechanisms are effective.

ANTI-SOCIAL BEHAVIOUR

AOL will not accept any advertising that misrepresents, ridicules, or attacks an individual or group on the basis of age, colour, national origin, race, religion, sex, sexual orientation, or disability, or otherwise violates AOL’s Web Services Agreement (a current version of these is available at http://www.aol.co.uk).

Advertising which promotes or accepts violence, crime, or obscenity is unacceptable, as may be advertising which promotes or accepts other forms of anti-social behaviour, or is otherwise not in good taste in the opinion of AOL. Questions as to whether or not an advertisement is acceptable should be referred to AOL’s policy team via the advertiser’s normal AOL contact.

CHILDREN’S ADVERTISING

Advertising directed to children aged 6-12 anywhere on the service (including advertising in the Kids Channel) must comply with these AOL Children’s Advertising Guidelines and the CAP Code and is subject to AOL’s approval. The entire advertising site must comply with such guidelines at the time of linking and throughout the term of the advertising agreement.

AOL Kids Channel must approve all advertisers’ Web sites prior to the launch of an advertisement or promotion on any of the AOL Services. Any advertising must be appropriate for children aged 6-12 years.

Transactions. Advertisers may not target children 12 and under to make an online financial transaction.

Links. External websites accessed via advertisements on the AOL Kids Channel may link only to other areas of content designed for and suitable for use by children.

Privacy. AOL is committed to safeguarding children's privacy online. As such, advertisers shall not require AOL members to register in order to access the Web site or key parts of the site. Advertisers shall not collect names or email addresses without disclosing how that information will be used and notifying children that they should ask their parents before providing any information. Advertisers must obtain "verifiable parental consent" (for example, by sending in a permission form by post or by fax) before any collection, use and/or disclosure of addresses, telephone numbers or other "personally identifiable information" from children aged 12 and under.

Games. All games must be appropriate for children aged 6-12 years. Unacceptable content includes, without limitation, animated or realistic violence, or blood & gore, suggestive theme or graphic depictions of sex, strong language, use of tobacco, alcohol or drugs.

Advertisers must verify in writing that such websites meet the requirement laid down by these guidelines and the CAP Code, and AOL reserves the right to remove advertising which in its opinion does not comply with such guidelines and/or codes.

COMPARATIVE ADVERTISING

Comparative advertising is permitted as long as written proof of comparative claims is provided to AOL on request. Such advertising should compare goods or services which meet the same needs, or are intended for the same purpose, and must not discredit or denigrate the trade marks, trade names (or other distinguishing marks), goods, services, or activities of a competitor.

COMPETITIONS AND PRIZE DRAWS

Competitions and prize draws may be promoted on AOL provided that they do not constitute a lottery and otherwise comply with all applicable national law. A lottery consists of: (1) the distribution of prizes, where such distribution is determined by means of chance, and where (2) a participant has had to contribute (normally financially) to participate.

A promoter can take steps to prevent a promotion being classed as an illegal lottery and most commonly these are to: (1) introduce an element of skill into the promotion, whereby participants demonstrate skill to a substantial degree to win (e.g. by answering factual questions and/or completing a tiebreaker). Any promotion in which participants must demonstrate a particular level of skill to win, and where skill is the predominant factor in deciding the winner, is considered to be a prize competition; or (2) Ensure that participants do not have to pay (or buy any product or service), whether directly or indirectly to enter the prize draw. Free entry into any such draw must be genuine and reasonable. Where no purchase is necessary, the promotion will be considered a prize draw.

Advertisers wishes to promote a competition or prize draw on the AOL Services must take independent legal advice on whether such promotion complies with the law.

Advertisements for online promotions must clearly and prominently display the full terms and conditions participating and must not be false, deceptive or misleading.

See also: Lotteries.

CONFLICT WITH AOL’S BUSINESS OBJECTIVES

AOL reserves the right to reject any advertisement which is inconsistent with AOL’s business objectives.

CONTRACEPTIVE PRODUCTS

The advertisement of contraceptive products is generally acceptable, subject to prior review and approval by AOL. Such advertising is prohibited in AOL areas which are directed towards minors, or where minors make up a significant portion of traffic in the area, for example, the Kids, Teens, and Learning areas. Advertising in areas such as the Entertainment Channel, will be considered on a case-by-case basis.

CONTROVERSIAL ISSUES

AOL may sell advertising that discusses controversial issues (including without limitation drugs, sex, race relations, war), but requires advertisers to stay within the bounds of good taste. AOL’s acceptance of such advertisements is subject to (a) substantiation requirements, and (b) placement limitations, given the content and nature of the advertisement. Where an advertisement is or may be controversial, then it should be referred to AOL’s policy team via the advertiser’s normal AOL contact.

COUPONS

Any coupon is a form of contract, and is therefore governed by the principles of general trade practices law, as well as the sales promotion rules. For example, a “free” coupon must comply with the laws regulating the use of the word “free” (material terms and conditions must be disclosed in close conjunction with the word “free”). Similarly, the terms of the offer, especially any price limitations, must be clearly and conspicuously disclosed.

CUSTOMER LOYALTY PROGRAMS

Customer loyalty programs seek to encourage consumer loyalty by rewarding frequent purchase with premiums such as free merchandise. Often, actual purchases are rewarded with “points” that can then be redeemed by the consumer for merchandise. The terms of such programs must be clear and easy to understand, and should clearly specify any applicable closing date. Complex terms should be avoided. The terms of such programs should not be changed during the promotion unless the advertiser can show that unforeseen factors apply and that existing participants will not be adversely affected.

DISTANT SELLING/ MAIL ORDER

Distant selling or mail order should conform to all applicable legal and regulatory guidelines, including The Consumer Protection (Distant Selling) Regulations 2000 and the CAP Code. AOL accepts most distant selling or mail order advertising, subject to the other restrictions set out in these guidelines.

DRUGS AND DRUG RELATED PARAPHERNALIA

AOL does not accept advertising for any drugs, drug related paraphernalia (including without limitation rolling paper and specialty smoking pipes) or any establishments associated with them.

See also: Tobacco Products.

ENDORSEMENTS AND TESTIMONIALS

Endorsements must reflect the honest opinions, beliefs, findings, or experience of the endorser who may be a consumer, a celebrity, an expert, or an organization, and no testimonial should be used unless the advertiser has written consent, and signed and dated proof of such testimonials. Endorsements and testimonials should not contain any claims that could not be substantiated if made directly by the advertiser.

All endorsements must comply with these Guidelines, AOL’s Conditions of Service and the CAP Code.

FINANCIAL ADVERTISING

The advertising of investments products and consumer credit products is acceptable, provided that all relevant material restrictions, risk factors and qualifications are disclosed, and that the advertising conforms with applicable laws (whether the Financial Services and Markets Act 2000 (“FSMA”) and related legislation; or the Consumer Credit Act 1974 (“CCA”) and related legislation).

In addition, the advertiser should provide written confirmation that (i) the advert has been approved by an ‘authorised person’ within the advertiser’s organisation; (ii) the advertiser has considered whether it ought to include regulatory statements about itself or the products which are being advertised; and (iii) that all reasonable precautions have been taken to avoid committing an offence under FSMA or CCA by way of the advertisement.

FIREARMS, AMMUNITION & FIREWORKS

Advertising of firearms and ammunition is prohibited. Advertising of fireworks is permitted, except in AOL areas that are directed towards minors or where minors make up a significant portion of traffic in the area, for example, the Kids, Teens, Entertainment and Learning areas.

FOOD

Advertising may not overstate the nutritional value of foods. Use of words such as "wholesome,” "nutritious", or "healthy" should not be used to exaggerate or distort food value.

Certain limitations may apply in the Kids channel. All such advertisements must be approved AOL.

“FREE”, USE OF

Consumers should be informed of any conditions linked to a “free” offer. It is acceptable to make a free offer conditional on the purchase of other items, provided that consumers have to spend no more than the minimum cost of responding or delivery/travel for collection of the offer. Any costs associated with the offer must be made clear to the consumer and featured in all advertising relating to the offer. For further guidance please refer to the CAP Code.

FUNCTIONALITY "LOOK & FEEL"

Advertisements may not mislead viewers into thinking that the advertisement is AOL content or functionality rather than an advertisement. This standard is similar in concept to standards prohibiting advertorials, infomercials or infotisements from being presented such that the viewer or reader believes that the content is editorial or news, rather than advertising. For further guidance refer to the CAP Code.

Advertisers should also ensure screen readers, used by some AOL users, will identify advertisements as such.

GAMBLING

Advertising of organisations that conduct legal and licensed betting may be acceptable on the AOL Services subject to certain limitations. . Restrictions may apply on prominence and positioning of ad placement as well as IP blocking to restrict who can view the advertising. Prior approval is required on a case-by-case basis for both advertisers and individual advertising creatives. Further advice can be obtained from AOL Legal via your normal AOL contact.

See also: Lotteries; Competition & Prize Draws.

GEOGRAPHIC LIMITATIONS

If an advertisement offers a product, service or promotion that has limited geographic availability, details of such limitations must be clearly and prominently included in the advert.

GUARANTEES OR WARRANTIES

Reference to guarantees, warranties, or similar terms in advertising copy must comply with all applicable UK law and the CAP Code.

Advertisers should not use the word ‘guarantee’ or ‘warranty’ in a way that could confuse consumers about their legal rights. Advertisers should disclose whether any major limitations to the guarantee or warranty (e.g. excluded parts; costs or duties of the customer), and disclose whether an advertised warranty is full or limited. Reference to where the full details of such guarantees or warranties are available should be made before the customer has to make any commitment.

Please refer to the CAP Code for further guidance on these, and ‘Money-Back’ guarantees.

HYPNOTISM

Advertising for clinical hypnosis services may be acceptable on the AOL Service, but advertising for entertainment hypnosis services is not. Advertising which includes realistic hypnosis or hypnotic techniques by act or demonstration is unacceptable in any context.

ILLEGAL ACTIVITIES

Advertising or promotions, which endorse or concern products or services that are illegal under the laws of the UK, are prohibited.

See also: Anti-Social Behaviour

LINKED SITES

AOL reserves the right to discontinue a link from the AOL Services to any advertiser’s site if in AOL’s sole discretion it believes the site is not in compliance with these Guidelines or any other of AOL’s business objectives. AOL will make commercially reasonable efforts to notify the advertiser in advance of any link discontinuation.

LOTTERIES

Advertising of organisations that conduct legal and licensed Lotteries may be acceptable on the AOL Services. All lotteries must be pre-approved by Legal.

See also: Competitions & Prize Draws; Gambling

MASSAGE PARLOURS AND HEALTH SPAS

Advertising for massage parlours and health spas are generally acceptable, provided such adverts are not presented in a sexually suggestive way.

MEDICAL PRODUCT ADVERTISING

Advertising for over the counter (“OTC”) drugs, natural remedies and medical devices is generally acceptable, but should provide factual information about such products, avoid overstatements of their capabilities, and advise consumers to read and follow label directions. AOL will not accept advertising for OTC drugs in areas directed towards minors or where minors make up a significant portion of traffic in the area, for example, the Kids, Teens, Entertainment and Learning areas.

AOL will not accept advertising for a medical product that fails to comply with applicable laws and regulations.

See also: Prescription Drugs.

MOTION PICTURE, MOTION PICTURE VIDEOS, THEATRICAL, EVENT ADVERTISING

AOL will accept motion picture, motion picture videos, theatrical and event advertising that comply with these Guidelines. Advertiser must notify AOL of any rating awarded to such trailer or advertising, and such trailers or adverts will appear on AOL in areas appropriate to such rating.

“NEW," USE OF

Use of the term "new" in relation to a product must be used for no more than six months from the time a product achieves substantial distribution in the relevant market. A “new” product must be “new” in some significant sense, and the term should not be applied to an existing product. If the claim is limited to a particular feature or attribute, the advertisement should clearly disclose any such limitation.

Terms such as "introducing," "now" and the like are generally limited to no more than one year from when substantial distribution is achieved in the relevant market.

PERSONAL PRODUCTS

Personal products should be presented with a special degree of care and sensitivity. Strict standards of taste apply, and no personal product advertisements will be permitted in Kids areas. Advertisements for personal products will be considered on a case-by-case basis and AOL will consider area and subscriber composition when scheduling personal product advertising.

PHOTOGRAPHS

See: Privacy and Publicity Rights

POLITICAL ADVERTISING

AOL may permit advertising for campaigns supporting and opposing candidates for public office, initiatives, referenda, legislation, governmental action and issues of public concern (“Political Advertising”) on its service. Such advertising shall be consistent with AOL’s aims to provide its members with a positive online experience and to improve the overall quality of political discourse.

Political Advertising will not be permitted where its content or placement will or has the potential of causing confusion, deception, or production difficulties or is false, misleading, slanderous, libellous, incompatible with AOL’s community standards or the provisions of its advertising agreements or the provisions of these Guidelines. AOL reserves the right to accept or reject any political advertisement which is in breach of any of the foregoing.

PORNOGRAPHY/SEXUALLY ORIENTED MATERIAL/EROTICA/PHONE SEX

AOL does not sell advertisements that promote pornography, sexually oriented material, erotica or phone sex.

PREMIUM RATE PHONE NUMBERS

AOL will consider premium rate phone numbers and pay per-call advertising on a case-by-case basis. However, no such advertisements will be permitted in Kids and/or Teen areas of AOL.

Where such advertising from third parties is acceptable to AOL, advertisers for pay-per-call services are required to certify in writing that they have complied with all applicable laws and regulations (including without limitation all applicable ICSTIS Regulations). Advertisements should state the cost of the call per minute and state that the caller has the bill payer’s permission. AOL reserves the right to require the advertisers to submit telephone messages for review prior to acceptance of the advertising. Telephone messages must contain a preamble that complies with applicable laws and regulations.

PRESCRIPTION DRUGS

Advertising of prescription drugs is prohibited on all AOL Services.

PRICE AND VALUE CLAIMS

Statements of prices and values must be clear and relate to the advertised product. Such statements must be confined to specific facts and not be misleading, and should include all non-optional taxes and duties imposed on buyers. Any claim as to value or price should be made in accordance with all applicable laws and regulations, including without limitation the CAP Code

See also: Comparative Advertising

PRIVACY AND PUBLICITY RIGHTS

Advertising must not use a person's name, likeness or picture for trade or advertising purposes without the written consent of such person.

PROFESSIONAL ADVERTISING

Advertising for the services provided by duly accredited lawyers, doctors and persons in other recognised professional occupations is generally acceptable, provided it does not overstate the efficacy of the service being offered and abides by all applicable industry standards or rules.

PUBLIC SYMBOLS

Public officials, religious leaders, and public buildings and/or monuments must be treated with appropriate respect and dignity when mentioned or depicted in advertising.

RELIGIOUS ORGANISATIONS

AOL may sell advertisements to religious organisations to call attention to lectures, meetings, or crusades. A religious organisation shall not include a cult or any similar organisation. These announcements may in no way present religious doctrine, utilize religious music, sell religious publications, or solicit funds. AOL reserves the right to refuse any religious advertising at our discretion. The Publishing Director shall approve religious advertising on a case-by-case basis.

RESEARCH - SUBSTANTIATION

Research may be required to support a variety of claims ranging from product performance to consumer preference, and advertisers must comply with the applicable guidelines set out in the CAP Code with regard to substantiation.

RESTAURANTS AND NIGHTCLUBS

Advertising for restaurants and nightclubs is generally acceptable on AOL provided it is in compliance with all applicable advertising standards and with these Guidelines. Advertising for restaurants and nightclubs is prohibited in areas that are directed towards minors or where minors make up a significant portion of traffic in the area, for example, the Kids, Teens, Entertainment and Learning areas. Adverts must not make any reference (whether overt or implicit) to sex or illegal drugs.

See also: Alcoholic Drinks; Anti-Social Behaviour; Food.

SAFETY

All advertising that disregards normal safety precautions or that misrepresents safety benefits of a product or service is unacceptable on AOL.

Children shall not be represented, except under proper adult supervision, as being in contact with or demonstrating a product recognized as potentially dangerous to them.

Potentially hazardous items may not be advertised in the Kids area [or where minors make up a significant portion of traffic in the area, for example, the Kids, Teens, Entertainment and Learning areas] and are subject to applicable product advertising guidelines.

SPONSOR/ADVERTISER IDENTIFICATION

Advertising which does not contain proper sponsorship/advertiser identification is not acceptable.

TEENS ADVERTISING

Advertising directed to teenagers aged 13-18 anywhere on the service (including advertising in the Teens Channel) must comply with the following principles and is subject to AOL’s approval:

All advertising should be appropriate for teenagers aged 13-18 and is subject to approval by the Teens Channel.

Transactions. Advertisers may target teenagers to make an online financial transaction provided that a) the products being offered are suitable for teens as young as 13 and b) it is clear that if the teenager is under 18, they should have their parent’s or guardian’s permission to order.

Privacy. Advertisers may not collect names, addresses, telephone numbers or other personally identifiable information about a teenage user of AOL without disclosing how that information will be used and notifying teens that they should obtain permission from their parents before providing any information.

TRANSACTIONS

All advertisements that lead to a transaction area must accurately describe and not misrepresent the product that is promoted.

Where an advertiser/merchant advertises on the Shopping areas of any of the AOL Services, it must provide in advance (1) documentation that shows that it complies with all applicable laws or regulations; (2) written confirmation that it has an age verification mechanism where a product should not be available to minors, and that this includes a statement for anything sold to teens, that they must seek their parents’ permission before purchasing; and (3) written confirmation that it has a shipping verification mechanism if certain geographical shipping limitations exist. Prices of goods and transactions must be shown in British Pounds.

TOBACCO

Advertising for any tobacco products, including those that lead to a transaction is unacceptable on the AOL Services.

VITAMINS

AOL will accept advertisements for vitamins only as food supplements that ensure against vitamin deficiencies. Vitamin advertising may not contain broad health claims, should be directed to adults, and must comply with the CAP Code.

WEB SITES - APPLICABILITY TO

All advertisements available within any website area formally linked to the AOL Services (website area of a partner, anchor tenant, advertiser, merchandiser, etc.) are subject to these Guidelines.

WEIGHT REDUCTION AND CONTROL

The advertising of products and services for the reduction, gain and control of weight must comply with established nutritional evidence and medical opinion, as well as with applicable UK laws and regulations. AOL will not accept advertising for weight control in areas directed to kids or teens.

GENERAL

All advertising on AOL must be honest, truthful and legal. Advertising must not be misleading (e.g. advertising that looks like Microsoft Windows warnings, advertising that uses gambling images but is not for gambling, advertising where it is not clear who the advertiser is, etc).

All advertising on AOL should take into consideration the sensitivities of the general AOL users (e.g. advertisements should not contain excessive flashing, strobing, etc).

AOL reserves the right to reject or remove any advertisement which fails to comply with these Guidelines, any law, regulation. code of practice or is otherwise not suitable on the AOL Services as determined by AOL.