STANDARDS AND RESTRICTIONS

Licensee shall adhere to all policies from Hipcricket and the carriers regarding the content, user interaction, and transmission of messages as described below. Contravention of any of these clauses could lead to the disablement of Licensee’s short code on supporting wireless carriers.

• Licensee will ensure that all such content and materials do not and will not contain any material that:
  • is inappropriate, such as profane language, drug references, promoting drug use, or gambling references;
  • is unlawful, obscene, or defamatory;
  • violates intellectual property rights or third party rights;
  • is false, misleading, or likely to mislead or deceive (including, without limitation, information relating to the source or the author of the message);
  • contains sexually explicit images;
  • promotes violence or discrimination;
  • facilitates illegal activities;
  • advertises or promotes a carrier's competitors if delivering content to the consumer through a specific carrier.

  Licensee agrees not to cause the transmission of content that requires a third party consent, unless Licensee has obtained that consent in writing. Licensee shall also ensure that any and all third party royalties and payments related to Licensee’s use of the content as contemplated herein are paid to the appropriate parties (such as payments to the Screen Actors Guild and the American Federation of Television and Radio Artists) and Licensee agrees to indemnify, defend and hold Hipcricket harmless for any failure thereof.

• Licensee must provide users with information on how to “opt-out” of receiving messages from Licensee in the first message following the first opt-in for clubs or alerts, sent to a user. This standard rate confirmation message must include, at a minimum, all of the following items (not necessarily in this order):
  • Licensee identifier/name
  • Short description of the service
  • Number and frequency of messages
  • Charging information or standard rates language
  • Opt-out instructions
  • Where to get assistance/URL

  Example: Hipcricket: Thks, you will rcv future promos from Hipcricket. Max 6msgs/wk; Msg&data rates may apply; Reply STOP to cancel, HELP for help; Info: 866-447-2745; e:h@Hipcricket.com

  Licensee is solely responsible for providing, through the Hipcricket Software, all information to users necessary to enable such end users the ability to opt-in to receive campaigns and to enable users to opt-out if they no longer wish to receive text messages. Licensee represents and warrants that it will only send and continue to send text messages to persons that have opted-in to receive such text messages and have not subsequently opt-out.

• Licensee must include a prominent link on a publicly accessible website to SMS Terms and Conditions that will have clear instructions for the user to update or remove his/her details from the Licensee database, or to unsubscribe/opt out.
• Hipcricket reserves the right to enable certain 'template' activities and keywords in order to ensure the continued availability of the short code assigned to Licensee with supporting wireless carriers. Example of Current Template: "in-built-unsubscribe" and "in-built-help"; the following keywords will be included in all campaigns:
  • (in-built-unsubscribe) STOP, QUIT, END, CANCEL, UNSUBSCRIBE
  • (in-built-help) HELP
• Licensee must provide SMS user support service via an email address, a toll-free phone number and/or a website URL. If licensee is not able to provide support service, Hipcricket will provide SMS user support service via the following avenues: support@hipcricket.com (email), 1-866-447-2745 (toll-free phone number), and http://www.hipcricket.com/help (website URL).
• All television, radio, online, and printed advertising materials that encourage participation in a text based activity with the Licensee must include some version of the following disclaimer: "[insert #] messages per [insert time period type]. Message and data rates may apply. Send STOP to [insert short code number] to cancel the service. For full Terms & Conditions, please visit [insert T&C URL]. Privacy Policy at [insert Privacy Policy URL]" When applicable, the url referenced should be to the actual rules of the promotion and/or contest. However, Licensee should consult their legal consul.

  NOTE: Standard subscriber terms are also available at - http://store2.hipcricket.com/standard-termsEandP.asp

• Licensee agrees that all outbound messaging will contain a reference to Licensee’s name or brand.
• For Every Keyword Campaign Run, Licensee Must Limit Plays Per Day to 10.
• Contests/Sweepstakes:
  • Licensee’s official rules must incorporate the following information (if not already included) or use the complete Contest Rules text as provided by Hipcricket. Licensee’s own legal counsel should advise where and when official rules need to be posted/advertised.
    • Name of sponsor
    • Sponsor's contact information
    • Eligibility restrictions applicable to participants or winners (e.g., age, state of residence, etc.)
    • Description of means of entry
    • Description of the prize(s)
    • Method for awarding the prize(s)
    • Date(s) the prize(s) will be awarded
    • Description of how the winners will be contacted
    • Method for obtaining a list of winners
    • Include an alternate free method of entry, such as a mail in or web entry option
    • Indicate that no purchase is necessary to enter or win
  • Licensee's 'REBOUND' message (that is, the 'entry confirmation text message') must include the sponsor name at a minimum.
• Messages containing references to alcohol and gambling cannot be approved or endorsed by Hipcricket. Licensee’s own legal counsel should be involved to assess FTC, FCC and state laws surrounding the promotion of such topics to subscribers. Licensee's own legal counsel should consider that subscribers in receipt of promotions on such topics could be of any age. Licensee acknowledges that Hipcricket does not, and is not, providing legal advice to Licensee.
• Licensee agrees that it will make all reasonable efforts to ensure that any outgoing messages, specifically pushes, are to subscribers who have opted-in to receive message(s) from the Licensee. Licensee assumes all risk if a message is sent to subscribers who have not opted in.
• These standards and restrictions will change from time to time based upon carrier requirements. Hipcricket reserves the right to amend at any time to be in compliance with carrier requirements and industry best practice standards.