This Advertising Policy (“Policy”) applies to advertising content and materials (“Ads”) promoting, directly or indirectly, or otherwise containing any tobacco or nicotine products (e.g., cigarettes, cigars, and chewing tobacco), alternative tobacco or nicotine products (e.g., vape pens, e-cigarettes, e-cartridges, liquid nicotine solutions, or smoking cessation products or services), or any related accessories, equipment, or paraphernalia(e.g., pipes, hookahs, or rolling papers) (collectively, “Tobacco”) used in connection with the Viant/Adelphic platform (“Platform”). The examples provided in the preceding sentence are for illustrative purposes and are not an exhaustive list of such products. Tobacco Ads must adhere to this Policy and the requirements of our inventory and publisher partners, which require your ads to be transparent and lawful.

In general, notwithstanding anything to the contrary in any agreement you may have in place with Viant/Adelphic or any of our inventory or publisher partners, any Tobacco Ads that are run through the Platform must:

• Comply with all applicable federal, state, and local laws and regulations, including, but not limited to, the Comprehensive Smokeless Tobacco Health Education Act, the Family Smoking Prevention and Tobacco Control Act, and the Food and Drug Administration and Federal Trade Commission guidance for the labeling and advertising of tobacco, nicotine, and related products;
• Be depicted in a manner that is contextually relevant to the product or service promoted and not demonstrated as about to be or having been smoked or otherwise used (e.g., lighting a cigar, rolling a cigarette, loading a vape pen, or smoke emanating from a cigarette or billowing from an individual’s mouth);
• Not be designed, intended, or reasonably appear to be attractive to or targeted at individuals under the age of majority for the sale of such products or individuals under the age of 18, whichever is greater (“Minors”);
• Not depict the handling of such Tobacco products by Minors;

We will review Tobacco Ads on a case-by-case basis. We reserve the right, in our sole discretion, to reject, suspend, or require modifications to Ads that we believe violate the standards listed above or that are otherwise inappropriate. Notwithstanding anything to the contrary in any agreement, Viant/Adelphic will not be held liable for any rejection, suspension, or removal of Tobacco Ads by Viant or an inventory or publisher partner for failure to comply with their respective advertising policies or guidelines.

By running Tobacco Ads through the Platform, you agree to the foregoing and represent that you are authorized to agree to these terms on behalf of the Viant/Adelphic customer you represent.