55555 Advertisement Policy | Orange County Surgeons

Advertisement Policy

Find My Surgeon, Ltd. (“Company”) has established the following Advertising Policy (the “Policy”) to govern Advertising on all of Company’s websites, including but not limited to orangecountysurgeons.org (the “Sites”).  The term “Advertising” means third party banners, badges, text advertising, digital video advertising, sponsored content and/or promotions.  Company may change this Policy at any time in its sole discretion by posting a revised Policy to the Sites.  Company has and retains sole and absolute discretion with respect to interpreting and enforcing this Policy and all other issues associated with Advertising on the Sites.

Company may, in its sole discretion, determine the types of Advertising that it will accept and display on the Sites.  However, Company’ acceptance of any Advertising will in no event be deemed an endorsement of the product(s) and/or service(s) advertised or for the persons or entities that manufacture, distribute or promote the products or services.

Company shall not permit certain types of Advertising on the Sites at any time, including but not limited to Advertising that promotes the following:

  • false or factually inaccurate content
  • misleading, deceptive or fraudulent content
  • health claims that are not adequately substantiated
  • online pharmacies that are not compliant with the Verified Internet Pharmacy Practice Sites (VIPPS) program
  • illegal, controversial or objectionable services, products or positions
  • content that discriminates against, ridicules or disparages an individual or group on the basis of race, religion, national origin, gender, sexual orientation, marital status, age, disability or any other status that Company deems inappropriate for the Sites
  • material that directly advertises products to, or is intended to attract, children
  • firearms, ammunition or weapons designed to inflict serious bodily harm
  • fireworks
  • gambling
  • pornography

Company does not accept Advertising that promotes tobacco or alcohol products; however, Company may accept promotions for educational campaigns such as smoking cessation and responsible drinking messages that are consistent with genuine efforts to educate consumers, rather than surreptitious attempts to promote consumption of alcohol and tobacco.

Advertiser shall ensure that it complies with all applicable U.S. and foreign laws and regulations.  Company has no obligation to monitor compliance with applicable laws and regulations; however, Company reserves the right to review all Advertising and, if Company becomes aware of any breach or potential breach of any applicable law or regulation, then Company may remove the Advertising.

Advertiser shall ensure that all Advertising on the Sites is clearly and unambiguously identified as advertising, so that Site users can distinguish such content that is created or influenced by an advertiser.

Advertiser shall be responsible for obtaining any and all rights, releases, licenses, permits, or other authorizations, throughout the universe in perpetuity, to use photographs, copyrighted materials, trademarks and any other property or rights belonging to third parties, including the right to use the name, likeness and performance of any persons as well as any and all merchandising rights, for all advertising content on the Site. 

Advertiser shall ensure, unless expressly approved in writing by Company, that no Advertising on the Sites includes any telephone numbers or physician referral action, any type of information collection technology or other information collection devices that collect or allow third parties to capture user data that is used for subsequent behavioral advertising, re-marketing or re-targeting.  Advertiser shall ensure that a click on its Advertising on the Sites will link the user to a destination relevant to the advertising displayed. If Company determines the destination URL is not relevant, placement of advertising will be denied.

Company may, at any time, reject, cancel or remove any Advertising from the Sites for any reason.  Upon rejection, cancellation or removal of any Advertising, Company will provide prompt notice to the Advertiser with an explanation regarding the rejection, cancellation or removal.

Advertiser agrees to and shall indemnify, defend and hold Company harmless from and against any and all claims, demands, actions or proceedings made against Company for 1) false or misleading advertising, 2) unlawful or illegal use of any content in any Advertisement, and 3) misuse or unauthorized use of any photographs, copyrighted materials, trademarks and any other property or rights belonging to third parties, including the right to use the name, likeness and performance of any persons.  This obligation to indemnify and defend includes the obligation to pay for all costs and expenses of the defense of any such claim, including Company’s attorney’s fees, and the satisfaction of any agreed to settlement demand, judgment or arbitration award.

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