The DIRECTV Advertising Guidelines (the “Guidelines”) apply to all purchases of digital and television advertising inventory (“Inventory”) from DIRECTV in the United States whether through direct or programmatic buys of advertising inventory. The Guidelines are intended to provide general guidance. They are not inclusive or exhaustive and are subject to change at DIRECTV’s discretion, without notice at any time. These Guidelines are incorporated by reference into and shall be deemed part of the applicable insertionorder terms, programmatic sales terms or any other agreements for the purchase of advertising inventory from DIRECTV.

DIRECTV or any other party where DIRECTV, directly or indirectly, may have a right to provide Inventory reserves the right in its sole discretion to reject, remove, require elimination or revision, including without limitation any disclosures or disclaimers that DIRECTV believes in its sole discretion are legally required or advisable,  or request additional information about  any advertisement that,  does not comply with these Guidelines, any applicable industry standards,  any applicable third-party contract (including programmer contracts), any applicable laws or regulations  or is otherwise unacceptable to DIRECTV in its sole discretion. Instead of rejecting an advertisement in its entirety, DIRECTV may, but is not required to, provide Agency/Advertiser/Programmer with a written explanation of its rejection so that Agency/Advertiser/Programmer may resolve any specifications and standards conflict. DIRECTV does not warrant to Agency/Advertiser/Programmer that advertisements or content of other customers will comply with such publishing standards and guidelines. Agency/Advertiser/Programmer will not represent to any third party that DIRECTV approves or endorses any such third party’s product and/or service.

Agency/Advertiser/Programmer/Advertising Technology Platform agrees to abide by the DIRECTV Data Protection Addendum, https://www.directvadvertising.com/third-party-dpa/ (https://www.directvadvertising.com/third-party-dpa/). as updated from time to time, when accessing, using or otherwise processing personal information (as defined by all applicable data privacy laws) or other sensitive data provided by DIRECTV or on its behalf in connection with all advertising transactions and such transactions are subject to the terms and conditions of the DIRECTV Data Protection Addendum then in effect.

Agency/Advertiser/ Advertising Technology Platform agrees to treat any actions taken by DIRECTV pursuant to these Guidelines as confidential information and will hold the Guidelines in strict confidence by exercising a degree of care not less than the degree of care used by Agency/Advertiser/Programmer to protect its own confidential information that it does not wish to disclose.

The Agency/Advertiser/ has the ultimate responsibility of ensuring that the Advertising is in compliance with all applicable laws, rules and regulations, including but not limited to those of the Federal Communications Commission (“FCC”), the Federal Trade Commission (“FTC”), the Food and Drug Administration (“FDA”) and the Securities and Exchange Commission (“SEC”).Additionally, commercial “content” must be clearly and accurately presented as such to avoid any ambiguities and to avoid confusing the audience. Agency/Advertiser/ are encouraged to consult with their professional advisors, regarding all applicable legal requirements. Acceptance and/or approval of Advertising by DIRECTV does not constitute legal approval of such Advertising and neither Agency nor Advertiser shall make any representations to the contrary.

I. General Advertising Guidelines for Digital & TV

All Advertising must comply in all respects with these Guidelines All Advertising must also comply with the advertising guidelines and other restrictions of the programmers that license content to DIRECTV, as applicable as well as all applicable industry guidelines, including but not limited to the Interactive Advertising Bureau (“IAB”) industry standards and guidelines applicable to digital advertising.  DIRECTV reserves the right to approve exceptions to these Guidelines on a case-by-case basis. Furthermore, all digital advertising, including any technology included in or appended to such advertising such as tags, pixels, or other software codes must comply with DirecTV’s Data Collection Privacy Policy set out at https://www.directv.com/privacy/video-privacy-policy/ (https://www.directv.com/privacy/video-privacy-policy/).

All Advertising must be truthful, accurate and non-misleading. The Agency/Advertiser/Programmer should be particularly diligent with claims made in any advertising as all express and implied claims made in the advertising must be properly substantiated in accordance with the FTC’s substantiation standards. In addition, all material terms and conditions concerning a product, service or offer presented in the advertising must be clearly and conspicuously disclosed. 

Advertising may not infringe or violate anythird-party rights.  The Agency/Advertiser/Programmer are responsible for obtaining the rights to use any third-party content contained in the advertising and to provide evidence of such rights upon DIRECTV’s request.

Advertising may not promote or contain any material that falls into the following categories or that links to such material:
Data driven advertising using certain demographic characteristics which, in the manner they are applied, could constitute unlawful discrimination on the basis of age, color, national origin, race, religion, sex, sexual orientation or disabilities or other prohibited categories under applicable anti-discrimination laws.

• Advertising, which is in whole or in part defamatory, obscene, indecent, profane, vulgar, repulsive, indecent, provocative, lewd, pornographic, offensive, either in theme or in treatment, or that contains strong sexual, prurient, explicit or erotic themes, for any promotion of products (including sex toys or paraphernalia), services, or programming.

• Advertising that improperly (1) implies fictional depictions reflect actual, real-world people, places, actions, or events, or (2) mimics real people or institutions.

• Advertising that infringes or violates a third party’s rights.

• Products or sites that suggest the availability of prostitution services.

• Nudity, nude beaches or naked cruises or resorts and any club, bar or other venue featuring nudity.

• Use of technical effects including but not limited to pixelation, black bars, color bars, advisories and bleeps

• Products or sites depicting or providing how-to materials about pedophilia or other non- consensual contact.

• Products or sites that advocate, glorify or promote rape, torture, cannibalism, physical or bodily harm, suffering or death.

• Excessive or graphic violence (e.g., cannot depict vivid blood scenes or show a person being shot, killed or stabbed, including, but not limited to, graphic decapitations, dismemberment or excessive gore and the most extreme scenes of torture.).

• Inflammatory or offensive content, language, graphics or images, including but not limited to profane language and proxies for profane language, to be determined by DIRECTV in its sole discretion taking into consideration the target audience for the programming in which the advertising will appear.

• Products that descramble cable or satellite signals in order to get free services.

• Products that promote software or techniques that bypass copyright protections.

• Counterfeit, fake or bootleg products or replicas or imitations of designer products.

• False, unsubstantiated or unwarranted claims for any product or service, or testimonials that cannot be authenticated.

• Pyramid or illegal multilevel marketing schemes.

• Products or sites of questionable legality (e.g., miracle cures, witchcraft, fortune or good luck products).

• Products or sites that potentially facilitate or promote the evasion of laws (e.g., radar detectors, etc.).

• Products or sites that potentially facilitate or promote illegal activities or products and/or service used to assist in facilitating illegal activities

• Products or sites that offer fake identification or falsified documentation.

• Appeal or solicitation for funds.

• Topics that can appear controversial.

• Contains any false or ambiguous statements or representations that may be misleading to the audience.

• Promotes firearms, fireworks, ammunition (including by mail order) and any other weapons that are depicted for use in an unsafe or harmful manner, excluding the safe handling and storage of the foregoing provided such advertisements do not include any or relate to the safety of children.

• Products or sites that offer or promote illegal gambling Promotes services, sites, contests or games that predict winners of races or sporting events where it is not legal.

• Advertising that misrepresents or ridicules on the basis of age, color, national origin, race, religion, sex, sexual orientation or disabilities or any other prohibited class based on applicable anti-discrimination laws.

• Trivializes historic events such as the Holocaust, the Irish Famine or September 11th.

• Profanity or infers profane words or gestures; however, DIRECTV, at its discretion, may accept advertisements with edited adult language.

• Hate speech or defamatory, libelous or threatening sites.

• Depicts, promotes or is designed to facilitate alcohol abuse, illegal or habit-forming drug use or use of tobacco, e-cigarettes, or marijuana products. The foregoing restriction does not extend to topical CBD- related products with less than 0.3% THC, as further detailed below.

• The misuse of Emergency Broadcast System (EBS) tone or graphic.

• Content featuring the sale of drugs, pharmaceuticals, or drug paraphernalia that is illegal.

II. Alcohol Advertising

In addition to these Guidelines, advertising for alcoholic beverages must comply with all applicable federal, state and local laws, including but not limited to the regulations of the Alcohol and Tobacco Tax and Trade Bureau (TTB) and industry guidelines. All advertisements must comply in all respects with these Guidelines, as well as all other applicable DIRECTV Specs and Standards, content guidelines, and any restrictions in contracts with third parties. These Guidelines are subject to change at DIRECTV’ discretion.

Alcohol advertisements may be permitted with DIRECTV’s prior written permission. Media placement must pass the “73.6% LPA Standard”. Advertising and marketing should be placed only where at least 73.6 percent of the audience is reasonably expected to be above the legal purchase age (LPA), which in the United States is 21 years of age.

Advertisements for alcoholic beverages (including beer, malt beverages, wine and hard liquor) may be permitted on adult-targeted networks provided that they do not air in programming with significant appeal to children or that attracts an audience where less than 73.6% of the audience is aged 21 or over.

• All alcohol advertisements (including beer, malt beverages, wine and hard liquor) must include a legible disclosure of the corporate name, city and state of the brewer, producer, packer, wholesaler or importer responsible for its broadcast.  In addition, advertising for hard liquor must include the percentage of alcohol by volume.

• All such alcohol advertisements (including beer, malt beverages, wine and hard liquor) must be in good taste, compliant with industry guidelines and contain an acceptable social responsibility statement that includes a tagline similar to the following: “Please drink responsibly.

• No alcohol product advertising shall include on-camera consumption, or the representation or sound effects of drinking.

• Alcohol advertising shall not portray intoxication, excessive drinking or loss of inhibitions.

• Advertising should not state or imply that the consumption of alcohol increases athletic prowess, health or conditions.

• Products shall not be promoted for the intoxicating effect that may be achieved by their consumption or by their alcohol content.

• Advertising shall not depict the use of alcohol as the sole purpose of any activity.

• Placement of advertising will be determined on the basis of content and audience composition. All advertising is subject to DIRECTV media review prior to air.

III. Gambling/Gaming

Advertising for states lotteries, sweepstakes, contests or games that are permissible under applicable federal, state and local regulation are acceptable. Unless otherwise approved in writing by DIRECTV, advertising for all other gambling or betting services or related services, including but not limited to free gambling or gambling tutorial sites, may not be accepted.

If approved by DIRECTV in writing, DIRECTV may accept ads on a case-by-case basis from companies that provide sports-betting services, subject to (i) programmer restrictions and (ii) the restrictions set forth below:

• Advertiser must be licensed with the applicable gaming regulator in each state in which it operates and must include all disclaimers required by the applicable laws and/or gaming regulators in each state in which it operates and must include “gamble responsible” message.

• Advertisements may not provide odds.

IV. CBD /Hemp

Advertising for topical, non-ingestible CBD-related products (i.e., lotions and creams) with less than 0.3% THC that are consistent with applicable federal, state and local laws and regulations are acceptable. The policy above does not extend to topical CBD-related products with more than 0.3% THC. Advertiser must certify that the product being advertised contains less than 0.3% delta-9 THC concentration on a dry weight basis.

Advertising of all other forms of CBD/Hemp products (i.e., drug, food products, dietary supplements, pet products) are prohibited.

Advertisements for CBD products may not:

• Make express or implied health or therapeutic claims about the product or CBD; or

• Create the impression through images or other design elements that the product or CBD provides health, therapeutic, or medicinal benefits, unless such claims are based on therapeutic active ingredients other than CBD. However, these claims will be subject to review to ensure they are substantiated by competent and reliable scientific evidence, and that the advertising does not state or imply that CBD delivers the therapeutic benefit.

V. Competitive Advertising Guidelines

With respect to advertising products or services competitive to any products or services offered by DIRECTV or its affiliated companies (at DIRECTV’s discretion), all advertisements will be evaluated on a case-by-case basis. All the aforementioned and following Sections apply.

In DIRECTV’s reasonable discretion, and with approval by the inventory owner, advertising of products and services competitive to DIRECTV’s internal brands may be permitted provided, including without limitation:

• The advertising does not disparage DIRECTV company’s products or services.

• Advertising competitively to our internal brands is not conquesting DIRECTV or utilizing DIRECTV data to promote the competitive brand.

VI. Political Advertising Guidelines

All non-candidate political advertising will be evaluated on a case-by-case basis. In addition to our Guidelines for non-candidate advertisers DIRECTV reserves the right to review, request modifications to, or reject any advertisement at its sole discretion. However, such discretion will not be exercised with the intent to favor or disfavor any particular candidate or political party.

All political advertising must comply with state and federal disclosure requirements and purchasers of political advertising are responsible for providing all necessary documentation for compliance.

Unacceptable non-candidate advertisements include, but are not limited to:

• Ads that are libelous, defamatory or not in full compliance with the applicable law.

• Ads that contain hate, violent or racist rhetoric or symbols, or material reasonably expected to be offensive to “Publisher” users, without regard to ideological or partisan content.

• Ads that promote or may incite violence, crime or any form of anti-social behavior

• Ads that utilize a “pop-up” or a “daughter screen.” Note: Ads utilizing unsolicited audio content must conform to existing “Publisher” advertising guidelines.

VII. General Advocacy

An advocacy advertisement, or issue ad, is any advertisement that advocates a political, religious or controversial public position. Advocacy advertisements may not necessarily advocate a particular party or candidate in their advertisements.

Examples of advocacy advertisements include AARP, Consumer Freedom, MoveOn.org.

DIRECTV accepts advocacy advertisements on a case-by-case basis. DIRECTV does not make judgments on an advertiser’s opinion, and we accept issue advertisements that express divergent points of view. Advertisements generally will be accepted if there is a reasonable basis in fact for the claims and such claims fall within the bounds of reasonable debate.

Content

• Substantiation is required for any claims in the spot not considered opinion.

• Substantiation may include newspaper articles or “neutral” websites such as NationalJournal.com, but substantiation taken from the website of the advocacy group itself must have confirmation of support from an independent source.

Advertiser Identification

• All commercials are required to have the following disclaimers, visible for at least four seconds, preferably at the end of the spot: “Paid for by X organization” or other clear identification of the advertiser’s name; and

• If the advertiser is not well known, a website with detailed information may be required.

VIII. Cryptocurrency Advertising Guidelines

DIRECTV may, at its discretion, accept advertising from Qualified Companies to advertise one or more of the following lines of cryptocurrency-related business: (i) exchanges provided, (i) the advertiser is a FinCEN registered Money Services Business, (ii) the advertiser is a licensed money transmitter in every U.S. state in which it services customer (iii) the advertising does not state or imply that the purchase, trade or sale of a cryptocurrency is an investment opportunity or that cryptocurrency may increase in value over time; (ii) wallets / storage provided that advertiser is a FinCEN registered MSB and the advertiser is a licensed money transmitter in every state in which it services customers, ; (iii) payment processors; and (iv) investment advisors / fund managers provided the advertiser is properly registered with the SEC or FinCen as applicable . For purposes of this policy, a “Qualified Company” means a company that is (i) publicly traded on a major U.S. stock exchange or (ii) both (a) registered with FinCEN and (b) licensed or chartered by federal or state banking agencies; or, in the case of a cryptocurrency investment advisor / fund manager, means a company that is, and whose investment products are, registered with the SEC and/or the CFTC, as applicable, or the applicable state financial services agency. DIRECTV may in its absolute discretion, accept advertising from non-Qualified Companies where such advertising does not promote specific currencies or engages directly with block-chain-based digital assets on behalf of any third party (e.g. tax advisors, cybersecurity software.

IX. General—Attack Ads

Ads that attack or call out to another party will be considered for DIRECTV on a case-by-case basis. An advertisement may be rejected if it includes an attack of a personal nature that names private individuals or companies, or if it includes a comment on a private dispute. Example: “Did you know that Company A violates child labor practices? Paid for by Company B.”

Attack ads do not include the following:

• Comparative ads, comparing the attributes of one product to another (e.g., Tide cleans better than Cheer).

• Attorney ads with substantiated claims regarding injuries caused by certain products.

Notably, attack advertisements do not include advertisements that negatively reference industries or trade associations generally, as those ads do not single out an individual organization or person (e.g., “No such thing as clean coal”). While these ads may be accepted for individual ad buys, they are not suitable for sponsorships, as the negative message should not be so closely aligned with our programming.

Any advertisement referencing an industry, trade association, or otherwise negatively referencing another company or individual, including political and comparative ads, should clearly indicate the name of the advertiser.

X. Other General Standards

The following is an inclusive but not a comprehensive list of standards to be considered and applied:

Alcoholic Beverages

Beer Institute Buying Guidelines: https://www.beerinstitute.org/responsibility/advertising-marketing-code/ (https://www.beerinstitute.org/responsibility/advertising-marketing-code/)

Distilled Spirits Council of the United States, Inc. (DISCUS) Buying Guidelines: https://www.distilledspirits.org/code-of-responsible-practices/ (https://www.distilledspirits.org/code-of-responsible-practices/)

https://www.ttb.gov/media/64253/download?inline

eCFR :: 27 CFR Chapter I Subchapter A -- Alcohol (https://www.ecfr.gov/current/title-27/chapter-I/subchapter-A)

Children Advertising Guidelines

https://bbbprograms.org/programs/all-programs/children’s-advertising-review-unit/Ad-Guidelines (https://bbbprograms.org/programs/all-programs/children's-advertising-review-unit/Ad-Guidelines)

https://www.ftc.gov/business-guidance/resources/complying-coppa-frequently-asked-questions (https://www.ftc.gov/business-guidance/resources/complying-coppa-frequently-asked-questions)

https://www.ftc.gov/legal-library/browse/rules/childrens-online-privacy-protection-rule-coppa (https://www.ftc.gov/legal-library/browse/rules/childrens-online-privacy-protection-rule-coppa) 

Entertainment

Games: http://www.esrb.org/ratings/principles_guidelines.aspx (http://www.esrb.org/ratings/principles_guidelines.aspx)
Motion Picture:  https://www.filmratings.com/Content/Downloads/advertising_handbook.pdf (https://www.filmratings.com/Content/Downloads/advertising_handbook.pdf)

Finance

FINRA: https://www.finra.org/rules-guidance/key-topics/advertising-regulation#overview (https://www.finra.org/rules-guidance/key-topics/advertising-regulation#overview)
SEC Investment Marketing Rules: https://www.sec.gov/investment/investment-adviser-marketing (https://www.sec.gov/investment/investment-adviser-marketing)

Gambling

American Gaming Association: Responsible Marketing Code for Sports Wagering - American Gaming Association (https://www.americangaming.org/responsible-marketing-code-for-sports-wagering/): https://www.americangaming.org/responsible-marketing-code-for-sports-wagering/

Medical

AMA Association: https://www.ama-assn.org/delivering-care/ethics/advertising-publicity (https://www.ama-assn.org/delivering-care/ethics/advertising-publicity)

Non-prescription: https://www.chpa.org/public-policy-regulatory/voluntary-codes-guidelines/advertising-practices-nonprescription-medicines (https://www.chpa.org/public-policy-regulatory/voluntary-codes-guidelines/advertising-practices-nonprescription-medicines)

Prescription: https://phrma.org/resource-center/Topics/Cost-and-Value/Direct-to-Consumer-Advertising-Principles (https://phrma.org/resource-center/Topics/Cost-and-Value/Direct-to-Consumer-Advertising-Principles)

White Coat Rule: Healthcare professionals, such as doctors via a “white coat,” should not be depicted in advertising for medical products such as OTC or prescription drugs.

FCC, FDA and FTC Guides

FCC

Candidate Appearance: https://www.fcc.gov/media/policy/statutes-and-rules-candidate-appearances-advertising (https://www.fcc.gov/media/policy/statutes-and-rules-candidate-appearances-advertising)

Closed Captioning: https://www.fcc.gov/general/closed-captioning-video-programming-television (https://www.fcc.gov/general/closed-captioning-video-programming-television)

Complaints: https://www.fcc.gov/consumers/guides/complaints-about-broadcast-advertising (https://www.fcc.gov/consumers/guides/complaints-about-broadcast-advertising)

Obscenity: https://www.fcc.gov/consumers/guides/obscene-indecent-and-profane-broadcasts (https://www.fcc.gov/consumers/guides/obscene-indecent-and-profane-broadcasts)

FDA

Dietary Supplement: https://www.ftc.gov/business-guidance/resources/dietary-supplements-advertising-guide-industry (https://www.ftc.gov/business-guidance/resources/dietary-supplements-advertising-guide-industry)

Prescription Drug: https://www.fda.gov/drugs/information-consumers-and-patients-drugs/prescription-drug-advertising (https://www.fda.gov/drugs/information-consumers-and-patients-drugs/prescription-drug-advertising)

FTC

FAQ: https://www.ftc.gov/business-guidance/resources/advertising-faqs-guide-small-business (https://www.ftc.gov/business-guidance/resources/advertising-faqs-guide-small-business)

Screening Advertisements: A Guide for the Media: https://www.ftc.gov/business-guidance/resources/screening-advertisements-guide-media (https://www.ftc.gov/business-guidance/resources/screening-advertisements-guide-media)

Bait and Switch: https://www.ftc.gov/legal-library/browse/rules/guides-against-bait-advertising (https://www.ftc.gov/legal-library/browse/rules/guides-against-bait-advertising)

Basics: https://www.ftc.gov/business-guidance/advertising-marketing/advertising-marketing-basics (https://www.ftc.gov/business-guidance/advertising-marketing/advertising-marketing-basics)

Business Opportunity Rule: https://www.ftc.gov/legal-library/browse/rules/business-opportunity-rule (https://www.ftc.gov/legal-library/browse/rules/business-opportunity-rule) 

Deceptive Pricing: https://www.ftc.gov/legal-library/browse/rules/deceptive-pricing (https://www.ftc.gov/legal-library/browse/rules/deceptive-pricing)

Dietary Supplement: https://www.ftc.gov/system/files/ftc_gov/pdf/Health-Guidance-508.pdf (https://www.ftc.gov/system/files/ftc_gov/pdf/Health-Guidance-508.pdf) 

Endorsements:

https://www.ftc.gov/business-guidance/advertising-marketing/endorsements-influencers-reviews (https://www.ftc.gov/business-guidance/advertising-marketing/endorsements-influencers-reviews)

https://www.ftc.gov/news-events/news/press-releases/2024/08/federal-trade-commission-announces-final-rule-banning-fake-reviews-testimonials (https://www.ftc.gov/news-events/news/press-releases/2024/08/federal-trade-commission-announces-final-rule-banning-fake-reviews-testimonials) 

Eye Care Surgery: https://www.ftc.gov/business-guidance/resources/marketing-refractive-eye-care-surgery-guidance-eye-care-providers (https://www.ftc.gov/business-guidance/resources/marketing-refractive-eye-care-surgery-guidance-eye-care-providers)

Food Advertising: https://www.ftc.gov/legal-library/browse/enforcement-policy-statement-food-advertising (https://www.ftc.gov/legal-library/browse/enforcement-policy-statement-food-advertising)

“Free”: https://www.ftc.gov/legal-library/browse/rules/guide-concerning-use-word-free-similar-representations (https://www.ftc.gov/legal-library/browse/rules/guide-concerning-use-word-free-similar-representations)

Green Guides: https://www.ftc.gov/news-events/topics/truth-advertising/green-guides (https://www.ftc.gov/news-events/topics/truth-advertising/green-guides)

Jewelry: https://www.ftc.gov/legal-library/browse/statement-basis-purpose-final-revisions-jewelry-guides (https://www.ftc.gov/legal-library/browse/statement-basis-purpose-final-revisions-jewelry-guides)

Made in USA: https://www.ftc.gov/business-guidance/resources/complying-made-usa-standard (https://www.ftc.gov/business-guidance/resources/complying-made-usa-standard)

Negative Option/Recurring Billing/Subscription Programs: 

https://www.ftc.gov/system/files/documents/public_statements/1598063/negative_option_policy_statement-10-22-2021-tobureau.pdf

htts://www.ftc.gov/legal-library/browse/statutes/restore-online-shoppers-confidence-act (https://htts//www.ftc.gov/legal-library/browse/statutes/restore-online-shoppers-confidence-act) 

https://www.ftc.gov/system/files/ftc_gov/pdf/p064202_negative_option_rule.pdf

Telemedicine Platforms: https://www.ftc.gov/business-guidance/resources/mobile-health-apps-interactive-tool (https://www.ftc.gov/business-guidance/resources/mobile-health-apps-interactive-tool) 

Weight Loss: https://www.ftc.gov/business-guidance/resources/gut-check-reference-guide-media-spotting-false-weight-loss-claims (https://www.ftc.gov/business-guidance/resources/gut-check-reference-guide-media-spotting-%20false-weight-loss-claims)