Version Dated: September 24, 2024

VIZIO ADVERTISING GUIDELINES

 

VIZIO has developed these VIZIO Advertising Guidelines (these “Guidelines”) to govern advertising on those VIZIO properties and third party properties that VIZIO sells or represents ad inventory on (each, a “Property” and, collectively, “Properties”). These Guidelines apply to all advertisements placed on Properties, regardless of whether the Property is owned, controlled, or branded by VIZIO. Properties may include the user interface of the VIZIO operating system and any website, application, or channel delivered by VIZIO.

These Guidelines apply to the publishers, SSPs, DSPs, ad exchanges, agencies, and advertisers serving, representing, or facilitating the placement of advertisements on Properties (each, an “Advertising Partner”).

VIZIO may update these Guidelines at any time. Advertising Partner may contact their VIZIO business development or advertising representative for the current version of these Guidelines.

1.  GENERAL ADVERTISING REQUIREMENTS

Advertising Partner is solely responsible for the origin, authorship, and clearance of content in the advertisements they provide to VIZIO, including any third party materials, artwork, trademarks, logos, or likenesses that appear in such advertisements.

All advertisements must comply with all applicable federal, state, and local laws, rules, regulations, and judicial and administrative decisions (collectively, “Applicable Law”). Any advertisement that is subject to regulation at either the federal, state, or local level (e.g., financial services, gambling, politics, religion, or the sale of alcohol) must comply with Applicable Law in the location where the advertisement will be viewed.

Any advertisement that is created with artificial intelligence technology or services must comply with Applicable Law as well as best practices and guidelines set forth by the Federal Trade Commission (“FTC”).

Any endorsement, sponsorship, or testimonial used in an advertisement must comply with applicable FTC disclosure guidelines. An advertisement that is more informative in nature must clearly and conspicuously disclose that it is an “advertisement” with adequate notice in a placement, color, and font size that is easily read and understood by viewers.

Advertising Partner is responsible for using appropriate ratings and applicable warnings, disclaimers, and disclosures in their advertisements.

No set of advertising guidelines will address every situation or concern that may arise related to advertising. Thus, VIZIO reserves the right to reject or later block at any time any advertisement for not meeting these Guidelines or for any other reason in its sole discretion.

2.  SPECIFIC ADVERTISING REQUIREMENTS

Advertisements may not contain or link to any material that violates U.S. laws or regulations relating to placement of content in broadcast television, including, without limitation, (a) any and all regulations promulgated by the FTC regarding advertising or content on broadcast television, (b) the Commercial Advertisement Loudness Mitigation Act, and (c) the Children’s Television Act (as applicable). Additionally, advertisements served into any media that are either directed to children located in the U.S. (or any U.S. territory thereof) under the age of thirteen (13) or directed to children as such term is defined by Applicable Law of any other jurisdiction must comply with the Children’s Advertising Review Unit’s Self-Regulating Guidelines for Children’s Advertising published by the Better Business Bureau.

Furthermore, advertisements may not contain or link to any material that:

  • Interacts with and/or collects any user data (unless mutually agreed to by the parties in writing);
  • Infringes upon or misappropriates the intellectual property rights, personal rights, or proprietary rights of a third party;
  • Contains false, misleading, fraudulent, or deceptive claims or content;
  • Is illegal, defamatory, discriminatory, profane, threatening, harassing, or invasive of another’s privacy or right of publicity;
  • Contains adult content or explicit, sexual, obscene, or excessively violent images;
  • Contains hate speech;
  • Encourages conduct that violates any Applicable Law or promotes illegal products, services, or activities;
  • Promotes the sale or use of illegal drugs, except that recreational drugs legalized by a state(s) may be advertised to residents of that state(s) in compliance with Applicable Law;
  • Promotes tobacco-related/e-cigarette (vape) products;
  • Promotes weapons, ammunition, or explosives;
  • Promotes gambling, or products, services, or sites that have illegal gambling as a central theme, except that gambling legalized by a state(s) may be advertised to residents of that state(s) in compliance with Applicable Law;
  • Violates a blocklist provided by VIZIO; and  
  • For advertisements placed during or adjacent to programming directed to children under the age of thirteen (13):

o   is false, deceptive, or misleading when evaluated from a child’s point of view;

o   misleads children about a product’s characteristics or performance; and

o   where a website, features or uses a character in the programming to sell products.

3.  COMPETITOR ADVERTISING

Advertisements may not contain or link to any material that promotes products of a VIZIO competitor, such as sound bars, speakers (except for Amazon products that are compatible with VIZIO’s Amazon Alexa integration), streaming devices, and TVs (LG, Roku, Samsung, Sony), etc.

4.  TECHNICAL SPECIFICATIONS

Advertisements must comply with VIZIO’s technical specifications for advertisements provided by VIZIO from time to time. All advertisements are subject to VIZIO’s technical review.

5.  WEBSITES, APPLICATIONS, CHANNELS, AND OTHER PROGRAMMING DIRECTED TO CHILDREN

For purposes of the Guidelines, “Child-Directed Programming” refers to websites, applications, channels, and other programming within the scope of these Guidelines (a) that is directed to children under the age of thirteen (13), or (b) for which Advertising Partner has actual knowledge that it is collecting personal information from a child under the age of thirteen (13).

Advertising Partner will not (a) create profiles of visitors of Child-Directed Programming or of any users that Advertising Partner knows to be under the applicable age of parental consent requirements (“Children”); (b) serve behaviorally targeted or interest-based advertisements on Child-Directed Programming; or (c) collect personal information (as defined by the United States’ Children’s Online Privacy Protection Act (“COPPA”)), personal data, or comparable data under any similar law of any jurisdiction, about Children or visitors of Child-Directed Programming.

Where Advertising Partner is a publisher or other entity providing ad inventory on Child-Directed Programming to VIZIO, Advertising Partner will notify VIZIO and pass a COPPA flag to VIZIO.

Where Advertising Partner is representing or facilitating the placement of advertisements into or is otherwise purchasing ad inventory made available by VIZIO on Child-Directed Programming, it will at all times comply with, as well as pass down to its downstream partners, the COPPA flag provided by VIZIO.

6.  DATA

Except as permitted under a separate written agreement with VIZIO, Advertising Partner may not engage in, support, or authorize the following: (a) share data that is provided or shared by VIZIO or otherwise collected or derived by an Advertising Partner from or in the course of serving an advertisement on Properties (collectively, “Advertising Data”) with any third party; (b) use Advertising Data for any purpose other than to evaluate the performance of its campaign in accordance with the data privacy and processing provisions agreed to by VIZIO and Advertising Partner under a separate written agreement; (c) use Advertising Data to target communications, content, or advertisements to end users of Properties, or create or enhance segments or profiles of such end users of Properties; and/or (d) use Advertising Data to infer any data that would be deemed “sensitive” information under Applicable Law and/or industry self-regulatory organizations (“Sensitive Information”) about an individual. Advertising Partner shall not provide VIZIO with any data that would be deemed Sensitive Information without VIZIO’s prior written consent.

Where Advertising Partner is a publisher or other entity providing ad inventory to VIZIO, Advertising Partner will abide by end user opt-outs from targeted advertising by implementing and passing through to VIZIO a limited ad tracking flag (“LMT Flag”).

Where Advertising Partner is representing or facilitating the placement of advertisements into or is otherwise purchasing ad inventory made available by VIZIO, Advertising Partner will at all times comply with end user opt-outs from targeted advertising by implementing and passing down the LMT Flag to any downstream partners.

7.  CHANGES IN LAW

Advertising Partner will assist VIZIO in assessing the effect of any changes in law on advertising and Advertising Data. VIZIO may make adjustments to these Guidelines as needed to comply with Applicable Law.

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