#iamprojcan Exhibit B
Participant agrees that it shall not submit or post any Content in connection with the Campaign that is not compliant with the following Content Guidelines; Content may be rejected by the Company if it contains any of the following materials:
- Violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
- Contains material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
- Contains material that is unlawful, in violation of or contrary to the laws or regulations of the United States or of any jurisdiction where Content is created;
- Contains information known by Participant to be false, inaccurate or misleading;
- Contains content that is, or may reasonably be considered to be, hate speech, or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- Contains material or content for which Participant has been compensated or granted any consideration by any third party;
- Disparages the Company or any other person or party;
- Contains material not consistent with the image and values of Company;
- Contains any depiction or image of minors or anyone under 21 years of age;
- Contains objects such as toys, inflatables, movie characters, cartoon characters, or includes and other displays, depictions or images designed in a manner likely to be appealing to minors or anyone under 21 years of age;
- Promotes free cannabis products or giveaways of any type of products, including non-cannabis products, such as buy-one get-one free, free product with any donation, and any contest, sweepstakes or raffle.
Upon request of the Company, Participant shall provide the Company with reliable, up-to-date audience composition data evidencing the age groupings of the expected viewing audience for the Content. Participant shall not post any Content under the Agreement until this audience composition has been reviewed and approved by the Company in their sole discretion. The Company may terminate the Agreement in accordance with Section 8 thereof if the audience composition data provided by Participant evidences that less than 71.6% of the audience likely to view the Content is reasonably expected to be 21 years of age or older.
Social Media Policy
The Company believes in full, fair and effective disclosures of material facts relating to Participant’s relationship with the Company in accordance with the Federal Trade Commission’s Guidelines Concerning Endorsements and Testimonials (http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf) (“FTC Endorsement Guides”). As such, the Company requires that all Participants adhere to the following guidelines (the “Guidelines”) when blogging, tweeting or otherwise publishing Content in connection with the Campaign and other of the Company’s products or services.
- Disclose Connection to the Company. When posting about the Company or its products or services, Participant must clearly disclose Participant’s “material connections” with the Company, including the fact that Participant was afforded any consideration from the Company or is being paid for a particular service. “Material connections” are defined as any connection between Participant and a company that could affect the credibility consumers give to Participant’s statements. Important examples of “material connections” include payments or other monetary compensation, loaner or free products and services, gifts and rewards, special access privileges and other incentives provided by a company to Participant.
- Maintain Clear and Prominent Disclosure. The above disclosure should be made in close proximity to any statements that Participant makes about the Company or the Company’s products or services. This disclosure should be clear and prominent enough for consumers to view it when they are reading Participant’s posts. This means that the disclosure should not be buried behind links or in the Terms and Conditions (or in similar documents or inconspicuous locations). In addition, the consumer should not be required to click on, scroll down or mouse over a link in order to view the disclosure. This also means that the disclosure should not be placed below the “more” button or in a “jumble of hashtags” that readers are not likely to read. When determining where to place a disclosure, consider the following:
- A disclosure is required regardless of the space limitations of the medium (e.g., Twitter, Instagram), where the disclosure can be made via hashtags, such as #partner
- For Instagram, the disclosure should appear in the first three (3) lines of the post and above the “more” button
- For longer posts (e.g., blogs), the disclosure should appear closer to the top of the post and not be buried at the bottom of the post or after blocks of text that consumers are unlikely to read
- On Snapchat and Instagram stories, the disclosure can be superimposed over the visuals in a clear and conspicuous manner
- In video posts, the disclosure should appear in the video itself at the beginning of the video (note that this disclosure may also appear in the description box provided it also appears in the video itself)
- Moral Content. The Company requires that all Content be in good taste and free of inappropriate language and/or any content that promotes bigotry, racism or discrimination against an individual based on race, gender, religion, nationality, disability, sexual orientation or age. Participant should not associate the Company or any of the Company’s products or services with any inappropriate or controversial content that would reflect poorly upon the Company or the Campaign.
- Only Make Factual Statements That Are Truthful and Can Be Verified. In an effort to accurately relay brand names, product attributes and program information, please refer to all Company-provided materials, if available, when developing Content pertaining to the Company or its products or services. Most importantly, Participant should only make factual statements about the Company or its product’s characteristics or quality which Participant knows for certain is true and can be verified. For example, Participant should not make claims that: (i)are inconsistent with product labeling; (ii) indicate a cannabis product originated in a particular place or region, unless the label of the product bears an appellation of origin, and such appellation of origin appears in the Content; or (iii) express or imply a false or misleading impression as to the relationship between the consumption of cannabis and health benefits or effects.
- Respect Intellectual Property Rights. Intellectual Property is the group of legal rights to works that people create or invent. Intellectual property rights typically include copyright, trademark and trade secret rights, as well as the right to use someone’s name, likeness or voice. Examples include photographs, videos, music, trademarks/logos, personal names/likenesses (including celebrities’ names/likenesses) and writings. Participant should never post or share any content that violates or infringes the intellectual property rights of any third party. If Participant is unsure about a work, particularly in instances where a work includes a third-party’s trademark/logo, or music, film or television clips, or a celebrity’s name, photo or image, Participant should check with the Company before using the work. A good rule of thumb is, if in doubt, do not post it.
- Comply with Other Policies and Laws. Participant should comply with all applicable laws, rules and regulations, including but not limited to those promulgated by the California Bureau of Cannabis Control, as well as the terms, conditions, guidelines and policies of any social media platform or service that Participant uses in connection with the Services.
- Do Not Alter. Participant should not alter or modify any logo, image, copyright or trademark provided by the Company if Participant chooses to include such item in a blog entry, post or tweet.
- Respect Confidentiality. During Participant’s time working with the Company, Participant may learn of confidential information that is not yet public. Participant shall take all necessary precautions in handling the confidential information and limit disclosures on a strict need-to-know basis. In the event Participant has any questions regarding the confidentially of specific knowledge obtained at the event, Participant should reach out to the appropriate contact at the Company before sharing the information.
- Comments. Participant should not engage in individualized communications (e.g., replies to comments or direct messages to specific individuals) on social Channels displaying Content posted pursuant to the Agreement unless the recipient of the individualized communication has affirmed they are 21-years of age or older. Depending on the Channel and Content, comments made by individuals to the Participant may serve as affirmation by the individual that they are over 21 years of age.
- Display of Company License Number; Use of Frame. In accordance with California Bureau of Cannabis Control regulations, the Company’s license number, C10-0000050-LIC, must be legibly identified in all Content posted pursuant to the Agreement. Where applicable for the Channel, Participant must use the “frame” provided by the Company to display the Company’s license number.
Participant’s signature on the Agreement shall constitute acknowledgement and acceptance of these Guidelines and the other terms and conditions contained in this exhibit.Please note that the Company reserves the right to monitor Participant’s compliance with these Guidelines and to terminate Participant’s participation in the program in the event of any noncompliance.