Standards of Conduct and Content Guidelines
Influencer must comply with the Federal Trade Commission’s (the “FTC”) Guides Concerning Endorsements and Testimonials (https://www.ecfr.gov/current/title-16/chapter-I/subchapter-B/part-255 ), including making statements that reflect Influencer’s honest beliefs, opinions, and experiences, and making clear and conspicuous disclosures about Influencer’s connection to RealSelf in all written social media posts.
To better understand a party’s responsibility under the FTC’s Endorsement Guides, the following materials should be reviewed:
The FTC’s Endorsement Guides: What People Are Asking (https://www.ftc.gov/business-guidance/resources/ftcs-endorsement-guides-what-people-are-asking).
FTC: The Do’s and Don’ts for Social Media Influencers (https://www.ftc.gov/news-events/news/press-releases/2017/09/csgo-lotto-owners-settle-ftcs-first-ever-complaint-against-individual-social-media-influencers).
FTC: Disclosures 101 for Social Media Influencers (https://www.ftc.gov/business-guidance/resources/disclosures-101-social-media-influencers).
FTC: Do you endorse things on social media? (https://www.ftc.gov/media/71405).
Influencer shall not: (a) make deceptive or misleading claims about RealSelf or the Provider; (b) disclose any of RealSelf’s Confidential Information; (c) denigrate nor disparage RealSelf, RealSelf’s products and services, the Provider; (d) engage in any communication that is defamatory or infringes upon the copyright, trademark, privacy, publicity, or other intellectual property rights of third parties; (e) make offensive comments that have the purpose or effect of creating an intimidating or hostile environment; (f) post content that promotes bigotry, racism, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; (g) use ethnic slurs, personal insults, obscenity, or other offensive language; or (h) make any comments or post any Content that in any way promotes unsafe activities that could lead to an unsafe situation involving individuals.
Influencer shall adhere to: (a) the posted policies, guidelines, and terms of use on any social media platform on which Content is posted, understanding that any of these platforms’ disclosure requirements about Influencer’s connection to RealSelf do not necessarily satisfy FTC disclosure requirements; and (b) any additional guidelines provided by RealSelf.
Influencer shall not create fake followers or engagement on social media platforms, such as: (a) buying followers; (b) using bots to grow audience size by automating account creation, following, commenting, and liking; or (c) posting fake sponsored content.
Influencer shall clearly and conspicuously disclose that Influencer received a benefit from RealSelf in exchange for the Content. Influencer shall only include honest expressions of opinions, findings, beliefs and/or experiences.
In the Content, Influencer shall not make statements about any RealSelf competitor or such competitor’s products.
Influencer shall not use the name, photographs, images logos, trademarks, images, copyrights, or other materials owned by a third-party, such as a sports team logo on a t-shirt, or of someone else, such as a celebrity photo or friend (collectively, “Third-Party Materials”), without that person’s or company’s express written consent. If the Content does contain any Third-Party Materials, it is Influencer’s responsibility to ensure that all necessary rights and permissions have been secured.
RealSelf reserves the right to reasonably request that Influencer take down any Content. Influencer shall immediately comply with such requests.
