FUGEN Mobile Acceptable Use Policy

Version 1.0

Introduction

Consumers are the sole creators of demand for mobile content and services. Therefore, to help the mobile digital commerce market achieve its full potential, every player in the marketplace needs to focus on the consumer's experience. With this in mind, an array of organizations – from the Mobile Marketing Association (MMA) to Mobile Operators – have created various acceptable-use policies with 'best practices' for interacting with consumers.

FUGEN Mobile Exchange™ is a service that facilitates digital content sales via the off-network mobile channel. We created this document as a result of seeing the need to consolidate these disparate policies from various sources. Our purpose is to offer a single source of standardized guidelines that will help Media Companies be more efficient, compliant—and successful when launching direct-to-consumer mobile campaigns.

The purpose of this Acceptable Use Policy (AUP) is two-fold:

1. Highlight contract-binding policies enforced by Mobile Operators to ensure policy compliance and avoid violations and delay in program launches.
2. Provide general best practices guidelines to facilitate smooth program launches and update process, as well as optimize consumer experience.

Overview

This document includes:

• Strictly enforced policies that Media Companies must comply with in order to avoid contract violations.
• Mobile Operators' specific restrictions and guidelines.
• Generally-accepted guidelines for interacting with consumers when providing standard SMS, premium SMS/MMS, and other downloadable content.
• FUGEN Mobile Exchange service guidelines for marketing, advertising, and promotion.
• Common processes for program approval, rejection, modification, certification, and monitoring.
• Potential consequences to Media Companies for not complying with policies.
• Performance Incentive Program offered by FUGEN Mobile Exchange to encourage policy compliance.
• A glossary of common industry terms, matrix of policy sources, helpful links, FAQs, and an index.

Scope

Be sure to use this document whenever you develop or evaluate potential programs. It will help you create new offerings that are in compliance with Mobile Operators' expectations – and create positive consumer experiences. It will also help you create programs that get into production much faster and are more successful.

Some procedures presented in this document are simply guidelines and best practices. However, in many instances there are mandatory steps to follow. Not following these rules can affect the timely approval of your programs—as well as the potential for incurring fees and costs. For these reasons, we highly recommend that you share this information with everyone who touches your programs across your organization. This way you will make sure that everyone is knowledgeable about these processes and policies – and that your programs have the highest likelihood of success.

Disclaimer

The Acceptable Use Policy represents FUGEN Mobile's best effort to communicate rules and policies as required by Mobile Operators, as well as guidelines based on industry best practice standards.

 

Important: Where there is a conflict between the rules outlined in this policy guidebook, previous documents or any documents from third parties (such as the MMA), the most recent version of the Mobile Operator's policies shall govern.

 

As industry best practices and guidelines evolve, FUGEN Mobile will revise this document to reflect new policies and procedures. To make sure you have the most current version of the FUGEN Mobile Exchange AUP, please visit our Web site at: www.FUGENMobile.com.

 

Important: Make sure your programs are always in accordance with applicable federal and state laws, rules and regulations.

 

We welcome your feedback and questions about this document or the subject of policies at: marketing@FUGENMobile.com.

FUGEN Mobile Service Policies & Guidelines

This section outlines service policies and guidelines for interacting with consumers when providing standard SMS, premium/MMS or other downloadable content using the direct-to-consumer business model.

Inappropriate Content

No Mobile Operator permits the use of inappropriate content in SMS programs. Although they may differ in the specifics, all Mobile Operators agree that profanity – that which could be perceived as offensive to consumers – must be removed from the marketplace. This is a serious issue for every Mobile Operator, and programs that offer inappropriate content risk termination.

 

Policy Summary: Do not offer inappropriate content to consumers. Inappropriate content may include profane language, violence, sexual content, drug reference, gambling reference, etc. You should remove any content that contains unlawful, obscene, defamatory material or violate any intellectual property or third party rights. Your content cannot be false or misleading, use sexually explicit images, promote violence or discrimination, or facilitate any illegal activities. eincluding, without limitation, information relating to the source or the author of the message); or (e) promotes violence, discrimination, or illegal activities.

 

Universally prohibited content includes the following:

• Profane language, (whether text, audio, image, video, or otherwise) such as:
• Explicit sexual language
• Crude words or profanity
• Repeated mild expletives
• Language intended to incite violence or criminal activity
• Hate speech, including promotion of racial, religious, or ethnic hatred
• Inciteful drug or alcohol abuse
• Violence, including:
• Sexual violence/rape
• Killing and other criminal acts
• Violence involving graphic images of blood or injuries
• Deliberate damage to objects
• Extreme violence including sadism, torture
• Sexual content (whether images or textual), including:
• Actual or strongly implied sexual activity or sexual behaviors
• Pornographic-related materials, public-figures and/or activities in sexually suggestive situations
• Nudity including exposed breast, genitalia, buttocks, etc.
• Material likely to incite interest in abusive sexual activity
• Drug use (including any reference to the abuse of alcohol, drugs, tobacco, or other controlled substances). Also, remove any content if a person could conclude that it intended to promote drug use.
• Gambling-related content

Marketing, Advertising, and Promotion

Advertising

For the purposes of clarity, this document assumes that "advertising" and "promotion" are synonymous. They both refer to any medium you use as a call-to-action for your service. This includes, but is not limited to print, radio, television, Web, WAP, and SMS. If you use any Web storefront to sell your services, that site is also considered advertising medium.

 

Policy Summary: You must comply with the following rules for any advertising and promotional activities. Your should clearly communicate and display detailed pricing information, terms and conditions, opt-out details (STOP plus other keywords), how to get help (HELP keywords), subscription terms and billing intervals if applicable, operator-specific restrictions, etc.

 

For any advertising of any service, be sure that you:

• Clearly communicate all material terms and conditions of your program.
• Clearly communicate your service pricing information. Be sure to include the following in every promotion:
• Summarize pricing to an estimated total monthly cost (e.g., "$.50/day equals $15/mth")
• NOTE: T-Mobile requires that all pricing information be displayed on the initial landing page on the program Web site, and that this information be clear and visible to the user without him/her having to scroll down or across the page to view it. This includes programs that use multiple price points – all price points should be clearly visible.
• Include a notice that the charge(s) will be billed on the consumer's wireless phone bill, or deducted from their prepaid balance.
• Do not promote your program as "free" if premium fees are associated with the service for a reasonable level of participation in the program.
• If your program offers a trial period, be sure the consumer is aware of the total costs they will be paying after the trial period is over.
• Where applicable, be sure to include the terms "other charges may apply."
• Clearly display the opt-out information in all your promotional materials and service help messages.
• Clearly display 'STOP' (or a reasonable synonym) as the keyword for discontinuing services or opting-out.
• Clearly display 'HELP' as the keyword for message-based support.
• If the service is a subscription, clearly specify the details of the subscription term and billing intervals.
• For advertising for chat:
• Chat programs cannot imply unapproved content (see Inappropriate Content section).
• For Mobile Operator-assisted chat, be sure to include appropriate disclosures in your advertising, as well as your terms and conditions of the program. (Example: This service employs Mobile Operators who are paid to participate in chat.)

 

Policy Summary: You must comply with the following rules for any advertising and promotional activities. Your should clearly communicate and display detailed pricing information, terms and conditions, opt-out details (STOP plus other keywords), how to get help (HELP keywords), subscription terms and billing intervals if applicable, operator-specific restrictions, etc.

 

• For advertising for subscription services:
• Make sure it is clear to the consumer that the program is subscription based.
• If the service is a subscription, clearly specify the details of the subscription term and billing intervals. Clearly list the terms of subscription (price, duration, opt-out process, etc.) in the “Terms and Conditions” section. However, be sure that the price and frequency of the subscription are not hidden within that section.
• Sometimes customers of a particular Mobile Operator will not be able to receive a portion of your service or content. In such cases, be sure to disclose to those consumers which portion of the content will not be supported. Also, do not continue either premium charges or opt-in flow until the consumer has acknowledged receipt of this notification.
• If the service will deliver "next best" content when the original request cannot be delivered, be sure to make this clear to the consumer.
• Sometimes customers of a particular Mobile Operator will not be able to receive a portion of your service or content. In such cases, be sure to disclose to those consumers which portion of the content will not be supported. Also, do not continue either premium charges or opt-in flow until the consumer has acknowledged receipt of this notification.
• Be sure to include a prominent notice that "other charges may apply" in addition to standard SMS messaging rates on the same web page or in the same message that consumers register for your service.
• If you deliver content to the consumer through a specific Mobile Operator via the FUGEN Mobile network, then you should not advertise or promote the Mobile Operator's competitors, nor should your consumer-related Web site pages advertise or promote third party competition. Consumers should contact FUGEN Mobile directly if they have any questions regarding the competitors of Mobile Operators.

 

Policy Summary: You must comply with the following rules for any advertising and promotional activities. Your should clearly communicate and display detailed pricing information, terms and conditions, opt-out details (STOP plus other keywords), how to get help (HELP keywords), subscription terms and billing intervals if applicable, operator-specific restrictions, etc.

 

 

Important: In addition to these guidelines, make sure every promotion complies with the Mobile Operator's agreement with you. In addition, the programs you promote need to follow all applicable state and federal laws, rules, and regulations – as well as general industry best practices (including, but not limited to, the MMA Consumer Best Practices).

 

SMS Direct Marketing

Policy Summary: Whether directly related to a service, or to an entirely different service, there are limited ways you can use SMS messaging for direct marketing purposes.

 

• Before you send direct marketing to any consumer, be sure to get their specific opt-in consent. This consent needs to be for specific direct marketing with the clear understanding that they are willing to receive marketing to their wireless device via text message.
• Be sure to designate all messages associated with direct marketing as FTEU (Free To End User). Whether MO or MT, there can be no message charges in association with any direct marketing message.
• Be sure that the message text says that the message is a free message.
• Your message needs to contain opt-out instructions. It is very important that you treat all opt-outs like a STOP, where you cease all messages and conduct no "discovery" to find out the reasons for the STOP command.

Word of Mouth Marketing

Policy Summary: Viral marketing uses text messages or other mobile content including ringtones, games and wallpaper, to communicate from one consumer who initiates the message, to another consumer who they believe will be interested in receiving the message. A viral message must disclose that the message was forwarded by another consumer, as well as their identity. There are limited ways you can use viral marketing campaigns in mobile programs.

 

 

IMPORTANT: T-Mobile does not allow viral marketing campaigns as described below.

Permitted viral marketing campaigns include those where:

• The initial consumer manually selects the recipient to receive the of the message, e.g., by inputting the recipient’s mobile phone number; and
• The forwarded message is directed to recipient’s mobile telephone number.

Prohibited viral marketing practices include:

• Messages forwarded automatically through an application such as accessing a consumer’s contact list or address book.
• Messages sent to an Internet domain name assigned to a wireless operator for mobile messaging service.
• Providing incentives such as payments, discounts, free goods or services – in exchange for a consumer’s agreement to forward a message.
• Messages sent from a commercial source.
• NOTE: Some states have additional restrictions or prohibitions on commercial text messages. Before initiating any viral campaign, it is important to review the applicable state laws.

Unsolicited Messages

Policy Summary: By law, consumers have an undeniable right to privacy. Be sure that you comply with the following guidelines:

 

• If a consumer gives their approval to receive promotions about a specific program, then that does not imply consent to receive promotional material for any other program.
• If you want to send promotional material, the consumer needs to opt-in an additional time (double opt-in) to receive this information from you.
• Messages that promote other services cannot incur premium charges – unless you have clearly communicated this in the terms and conditions, and initial opt-in.
• At the time of enrollment, be sure to disclose STOP promotional messages.
• If a consumer does not respond – or sends a negative response – be sure to purge their number from your active number list.
• After a consumer has opted out of services, do not send any promotional messages to them.

Marketing to Children

Policy Summary: Marketing and promoting of mobile programs to children require additional discretion.

• Offering programs that engage children in the promotion/consumption of digital content of any type imposes important ethical obligations, responsibility, and sensitivity that you are expected to uphold.
• You should comply with all applicable laws dealing with children and marketing, including COPPA and regulations regarding age restrictions for certain products.
• Make sure that all programs are marketed in a manner that complies with existing media-specific rules regarding children, such as day-part restrictions.
• Be certain that you are consistent with and supportive of the principles listed in this section.
• In some cases, you may need to modify the advertising language of your program if children are the target market to ensure that the advertising is not inappropriate, deceptive or misleading to children.

Permitted Messages

Message Types

Policy Summary: You are permitted to send several types of messages, including text, binary, WAP Push, Java Midlet-Push, Brew-Directed (as defined in below), MMS alerts, Smart-Messaging, EMS, OTA Configuration, concatenated, alpha originator, source address overrides, and other types of messages as described in the FUGEN Mobile Access and Messaging Sign-up Form and the FUGEN Mobile Short Code Signup Form.

With regard to message support and pricing, you should be aware that:

• All message types are not supported on all FUGEN Mobile Mobile Operators (see SUMMARY OF MOBILE OPERATOR SUPPORTED SERVICES section below).
• FUGEN Mobile has different pricing and approval policies regarding certain types of messages on specific Mobile Operators’ networks.

Brew-Directed SMS

Policy Summary: You are allowed to send Brew-Directed SMS on the FUGEN Mobile Network for development and production purposes.

Please be aware that:

• Some Mobile Operators have specific policies regarding Brew-Directed SMS.
• FUGEN Mobile requires additional addendums to its Merchant Agreement to support Brew-Directed SMS connectivity for production applications.

Preview Messaging System

Usage Policies

Policy Summary: You may use data retrieved from the Preview Messaging System for pricing, marketing information, reporting, content formatting, or routing of messages provided that the messages have or will be eventually transmitted through the FUGEN Mobile Network and no other gateway, or the messages will never be transmitted in the future.

• You may not resell data retrieved from Preview Messaging System to a third party.
• The data must be used for internal business-use only.
• If you violate this usage policy, FUGEN Mobile may immediately suspend or terminate use of the Preview Messaging System and/or its Merchant Agreement with you.

Opt-In and Opt-Out Policies

To ensure quality consumer experiences, be sure to give consumers clear instructions on how to opt-in and opt-out of your programs.

Policy Summary: You cannot send any messages to a consumer unless they have opted-in to receive the message; if they are your employee using a company device; or if they have given you permission to use their personal device to communicate with them.

The following are universally accepted opt-in and opt-out procedures you should follow:

• Since opt-in and opt-out messages are administrative in nature, do not charge consumers premium charges for them.
• When a consumer changes Mobile Operators, be sure that your program requires the consumer to re-subscribe to all short code programs.
• For premium chat applications, further opt-in requirements are required. Details are available in the chat section of this document.

Opt-In: Single Opt-In

Policy Summary: Your standard rate programs should let consumers indicate their willingness to participate in a program through a single opt-in and receive messages from the program using the following process.

 

• Subscriber sends a Mobile Originated (MO) message to the short code.
• Program responds with pertinent phone, program, and contact information via a Web / WAP/handset-application-based form.
• Important: Each opt-in applies only to a specific program. Never use an opt-in as a blanket approval to promote other programs, products, or services.

Example: Standard rate mobile marketing program (i.e. "The Seattle Traffic Alerts")

Type	Sample Text	Charge
CTA	Promotion via Web, television, in-store promoting short code, key word, and T's and C's
MO	[keyword] (i.e. TRAFFIC)	Std
MT	Accident on I-5. Expect delays. See www.seattletraffic.com for more info. To opt out reply ‘STOP’	Std

CTA = call to action, MO = mobile originated message, MT = mobile terminated message

Opt-In: Double Opt-In

Here is a typical double opt-in scenario when a consumer requests a premium product, service, or information service from a Merchant:

• The consumer receives an SMS confirmation message indicating the terms of the purchase.
• The consumer is asked to positively reply to that confirmation message – either from their handset or via the Web – that they accept the premium charges.

Policy Summary: Both MMA best practices and Mobile Operators require that the first time a consumer participates in any premium service – the first time they try a specific service on a specific short code – they need to be given double opt-in procedures.

• This opt-in action has to be affirmative – in other words, consumers needs to respond with clear agreement (“yes”, “Y”, “OK”, etc.).
• Never premium-bill a confirmation message unless it refers to a content subscription program where the content has already been delivered to the consumer.
• NOTE: These requirements apply to the first time a consumer tries a specific service on a specific short code. “First Time” means the first time a consumer signs up for a service. If a consumer discontinues service, then later decides to “re-subscribe,” be sure to treat them like a First Time consumer and present them with the double opt-in message flow.

Double Opt-In Confirmation Messages

Be sure to include the following information in the confirmation message:

• Name of service or program sponsor (the organization that markets the program).
• Product requested or short description of the service (e.g. Weather Advisory Daily premium service).
• Pricing terms for the service, frequency, and if it automatically renews (e.g., $4.99 per month +std/other fees apply).
• How to terminate the service (including one of the generic STOP commands).
• Consumer Care information (either a Web site or toll-free number).
• How to accept charges (reply with Y to confirm).
• If a minimum age is required, be sure to include this in the double opt-in flow (i.e. 18+ service).

Other requirements include:

• If you mention any Web site in the message or HELP command, the site must be active and contain all relevant information as described above.
• Consumers must double opt-in each time they enroll in a specific program. For example, when a consumer enrolls in a ringtone and a horoscope subscription, they need to receive separate double-opt-in messages for each service.
• For bundled services, be sure that your double opt-in messages include the total monthly renewal price (e.g.: You have enrolled in ABC music and horoscopes at $9.99/month)

Affirmative and Negative Double Opt-In Responses:

• Examples of affirmative double opt-in responses include: Yes, Y, Go, Okay, OK, K, O.K., Sure, Yep, Yeah, Accept, Agree.

Never bill a consumer for a service if you do not receive an appropriate acceptance response from them.

• Assume the consumer is refusing the service if you receive: No, N, Nope, Negative, Stop, a misunderstood response or no response.

Regarding misunderstood and non-responses: If the appropriate keyword was not sent (either as a non-response or a misunderstood response), it is OK for you to send a clarification message. But remember, this does not apply to opt-out keywords. If a consumer replies with any opt-out keyword, you need to follow standard opt-out procedures.

T-Mobile requires that you follow specific rules for negative responses to double opt-in MTs:

• When you send the initial opt-in request (the first MT), if the consumer replies with anything other than an affirmative response, your program MUST respond in a specific manner.
• Please review this section in the T-Mobile Playbook for details on what must be included in your response.

Example: One-time premium Traffic Report message (transactional service):

Type	Sample Text	Charge
CTA	Promotion via Web and television; promoting short code, key word, and T's and C's
MO	[key word] (i.e. TRAFFIC)	Std
MT	You have requested a one-time traffic report message from [sponsor] at $0.75. Respond with 'Y' if you wish to receive this message.	Std
MO	Y	Std
MT	Your traffic report for today. Seattle I-5 Northbound delayed due to accident on Denny Way. Southbound I-5 clear. Both bridges slow Eastbound. ($0.75)	Premium

Next time same consumer tries the same service...

Type	Sample Text	Charge
CTA	Promotion via Web and television; promoting short code, key word, and T's and C's
MO	[keyword] (i.e. TRAFFIC)	Std
MT	Your traffic report for today. Seattle I-5 Northbound and Southbound clear. Significant delay Westbound on 520 due to earlier accident. ($0.75)	Premium

CTA = call to action, MO = mobile originated message, MT = mobile terminated message

Double Opt-In for Subscriptions

Policy Summary: Given the special nature of subscriptions, Mobile Operators require additional double opt-in messages to ensure optimum consumer satisfaction.

You should comply with the following guidelines:

• Every subscription – whether it is a premium or standard program – must include a double-opt-in.
• Be sure to clearly provide instructions for terminating the service (and make sure the program can accept all generic STOP commands).
• When a consumer terminates a subscription:
• Do not send them promotional materials about any program. You may send the consumer a message that lets them know what amenities they may be losing by terminating the subscription. (E.g., Your content subscription has ended. You will lose 5 credits on your account.)
• When an opt-in expires for interactive programs:
• Always consider any opt-in to be expired if the consumer has been inactive in the program for six months.
• At that time, you can send the consumer one final MT message letting them know that they will be removed from the program. However, do not send any other messages to the consumer after the expiration date.
• If the consumer has stored value with the Merchant, these restrictions do not necessarily apply.

Important: In addition to the list of suggested opt-in keywords (Y, yes, OK, etc.), subscription programs should also support MORE or CONTINUE as re-opt-in words.

Double Opt-In by the Web

Many consumers enjoy interacting with SMS programs via the Internet.

Important: If the consumer uses the Internet to send their second opt-in option, be sure to confirm that the authorized consumer is acknowledging the opt-in. You can do this either via a Web-based PIN, or a phone MO message.

 

Also, since consumers expect to receive more information when they use the Web, be sure to provide more detailed information about the program. (Besides, it is a great opportunity for you to make the most of the Web as a richer connection with the consumer.)

Example: Subscription service with Web sign up

Type	Sample Text	Charge
CTA	Detailed Web site with Ts & Cs, opt out, pricing, promotion details
Web input by consumer	Provides required information. Clarifies that this is a premium service, that charges will be billed to consumer's cell phone bill or deducted from cell phone prepaid account, confirms duration, etc. and specifies that by completing the sign-up, the consumer agrees to the Ts & Cs.	N/A
MT	Password sent to phone	Std
Web input by consumer	Consumer inputs password and completes sign up which states that they agree to the Ts & Cs.	N/A
MT	You are now subscribed to XYZ service. This is a subscriptions service billed at $9.99 per month. For more info go to www.xyz.com. To opt out send 'STOP' at any time.	Premium

 

CTA = call to action, MO = mobile originated message, MT = mobile terminated message

Opt-out

To ensure consumer satisfaction – and market expansion – it is essential that you let consumers maintain complete control over when they will stop participating in a program. It is equally important that they no longer receive messages from any program they have opted-out of.

 

Policy Summary: You need to give consumers an opt-out option in all your programs. You must provide consumers with a simple way to opt-out of receiving messages by instructing them how to “opt-out” in the first message you send to them. At a minimum, you should provide consumers a way to opt-out by sending keywords in the text, or via the same way they would register for your service or opt-in to receive messages. You should also include a prominent description of the opt-out method when you show consumers how to opt-in. You must not send any messages to consumers that have indicated their intent to opt-out of any message.

 

To ensure that consumers have this level of control, be sure to follow these program-opt-out guidelines:

• Be sure to tell the consumer how to opt-out when they first enter your program.
• Allow consumers to end their participation and receipt of messages from your program by letting them send STOP to any short codes used for the program. Make sure your programs accept other opt-out words such as END, CANCEL, UNSUBSCRIBE, or QUIT.
• When a consumer sends any one of these words, assume they are canceling their opt-in. Programs can support other opt-out words, but they need to at least support these five words. Be sure your programs support mixed case messages, and are able to ignore subsequent non-keyword text.
• If the consumer is participating in multiple services on one short code and sends a termination message, you can design your program one of two ways: 1) you can terminate the most recently used service by the consumer, or 2) you can send a message that reminds them which programs they are subscribed to, then give them a choice of which program(s) they want terminated.
• Any of the termination keywords followed by the word ALL should terminate all services from that short code to the consumer.
• Make sure your consumers can opt-out by either calling, visiting a Web site, or replying to any message with an opt-out command.
• You can send an MT message confirming the opt-out (but make sure it is not a premium message). In your message, refer to the specific program the consumer has opted out from. After that, never send other messages to the subscriber – whether related to that service or not.
• Your program’s response to any opt-out request needs to be instantaneous – except for requests received via email, which need to be processed within 24 hours.
• NOTE: You are not permitted to send messages to accounts that Sprint has listed as deactivated. FUGEN Mobile will send STOP messages to you when we receive notification from Sprint of violations and/or account deactivations. When receiving such STOP messages, it is imperative that you promptly terminate all messaging and services to these accounts. Failure to comply with this Sprint performance standard will result in very significant penalties to your company.

HELP

Policy Summary: Your programs should support a Universal “HELP” command, thus giving every consumer easy access to Help services. This is of basic importance, since it enhances consumer understanding and gives them the confidence of being in control of their participation in short code programs.

Whenever a consumer sends the keyword “HELP” to a program short code, make sure your programs respond with these details:

• Identity of program sponsor. This is defined as the organization that markets the program. Contact details for the program sponsor. This can be either a toll-free number or a Web site address. If consumers can only submit their requests for support via an email form on a Web site, then include that Web site address.
• Short description of service
• Pricing terms for the service, including billing frequency – E.g. $0.99 per message received; $3.99 per month.
• Opt-out information
• If the program is a subscription, be sure to provide the balance of credits remaining and the subscription renewal date via SMS.
• If you offer multiple programs on the short code - as long as all the above information is in your help reply message, you can further improve the customer care experience by directing the consumer to a Web site, WAP site, SMS quiz session, and/or toll free number.

Important notes about Universal HELP:

• Make sure your support for Universal HELP is not case sensitive.
• If your program is offered in a language other than U.S. English, be sure you support translations of the U.S. English equivalents of the HELP commands.
• Make sure any HELP interaction does not result in premium charges to the consumer’s bill.
• Make HELP available to anyone who requests help information from the short code via SMS.

Standard Programs

To help you streamline the process of getting your programs into production, this section outlines the guidelines and requirements Mobile Operators follow when they evaluate standard rated SMS services.

Standard Messaging Services – Non-Recurring

These are programs where the MT generated from the request is non-recurring and standard rated (i.e. non-premium).

Policy Summary: Standard Non-Recurring Programs require single opt-in by the consumer.

 

• Include “standard/other charges may apply” in any call-to-action.
• A consumer’s request cannot be used as a blanket opt-in to receive additional messages about anything other than the specific program they are opting-in to.
• Opting-in to additional programs (to receive additional promotional materials) is only allowed after affirmative follow-up by the consumer specifically related to that opt-in. Consumer’s information cannot be used for any other service or sold to a third party.

Example:

Type	Sample Text	Charge
CTA	Text 12345 with your comment to see it live on the Jumbotron. Other charges may apply.
MO	12345 – Amy, will you marry me?	Std
MT	Thanks for your message. Keep your eye on the Jumbotron – it will be up there soon.	Std

Standard Messaging – Recurring

Standard Recurring Programs are programs where one or more MO from a consumer generates multiple MTs. Examples include Text Alerts or Recurring Text MT programs. These are recurring and standard rated. Essentially, the consumer has opted in to receive ongoing messages.

Policy Summary: Standard Recurring Programs require double opt-in by the consumer.

 

• Include “standard/other charges may apply” in any call-to-action, including the first MT.
• The first MT must clearly state opt-out instructions, frequency of messages, and applicable HELP commands.
• Messages can only pertain to the program the consumer has opted in to; opt-in cannot be used as consent to receive unrelated messages.
• Double opt-in to service is required.
• The first MT needs to clearly communicate message frequency, opt-out information, and applicable HELP command. To complete activation, consumers have to respond with an affirmative response.
• Supply monthly messaging to consumers, reminding them that they are subscribed to the service. This message should supply opt-out instructions, identify the Mobile Operator, and supply the Merchant’s consumer support information.

Example:

Type	Sample Text	Charge
CTA	Text 12345 to sign up for new concert ticket sale alerts. Other charges may apply
MO	12345	Std
MT	You have requested concert ticket sale alerts. You will receive up to 3 messages per week. Other charges may apply. To opt-out text 'STOP'. Reply Yes to continue	Std
MO	Yes
MT	Amy Smith coming soon to the City Concert Hall! Buy tickets at the box office starting September 12th.	Std
EOM MT	You are currently enrolled in concert ticket sale alerts from Ticket Trackers. Other charges may apply. To end text 'STOP'	Std

Premium Programs

To help you streamline the process of getting your programs into production, this section outlines the guidelines and requirements Mobile Operators follow when they evaluate premium-rated SMS services.

Premium Messaging Services

These are premium SMS programs where a consumer generates an MO based on a call-to-action – and the MT generated from this request is both non-recurring and premium rated.

Policy Summary: Premium Messaging Programs require double opt-in by the consumer.

 

• The billable event occurs on the MT – and that the MT confirms the charges to the consumer.
• Your program triggers the premium MT after delivery of content.
• The consumer’s request is not used for an opt-in to receive additional messages – premium or otherwise.
• You identify the program sponsor and contact details in the MT.

Example 1: Premium text to Jumbotron

Type	Sample Text	Charge
CTA	Text 12345 to see your message on the Jumbotron. $.99/message + other charges may apply.
MO	12345 – Amy, I love you. Will you marry me?	Std
MT	Thanks for your message. Your text will appear shortly. You have been billed $.99 and this charge will appear on your wireless bill	.99 + Std

Example 2: Premium text to vote

Type	Sample Text	Charge
CTA	Text 12345 to vote for your favorite song from today's show. $.99/message + other charges may apply.
MO	12345 – Miles Away	Std
MT	Thanks for your message. Your vote has been counted. You have been billed $.99 and this charge will appear on your wireless bill	.99 + Std

Premium Download – Non-Recurring

Premium downloads typically involve a consumer buying a piece of content from a Web site or other call-to-action (e.g., a magazine advertisement).

 

Policy Summary: Premium Download Programs require double opt-in by the consumer.

• Send premium billing events after the content has been downloaded, (i.e. when the last byte has passed through the Mobile Operator’s gateway).
• For every service – including those involving WAP or other call-to-action – be sure to include clear disclosure of pricing and MMA guidelines.
• Services that involve the Web as a Point of Sale need to clearly communicate the pricing, terms and conditions, etc. before the consumer engages in any purchase flow.
• Note: A Web site is considered a form of advertising and, therefore, it must comply with all advertising requirements and MMA guidelines.
• When a consumer purchases a ringtone or other download products, it is a one-time event – and never implies an opt-in for other programs.
• If you want a premium download program to include a separate opt-in, be sure to include a request in your message where the consumer opts-in through a separate affirmative response to receive additional messages.
• Pertaining to purchase paths and account registration: Mobile Operators never allow pre-populated check boxes. Make sure consumers can affirmatively check their own boxes to sign-up, opt-in, etc.
• If your program operates on a “next best” model:
1. Make sure you inform the consumer prior to the download that the content they originally requested is not available.
2. Ask the consumer whether they still want to continue with the download and accept the associated premium. And, before the “next best” content is sent, be sure you’ve received an affirmative reply (e.g., “yes”).

Example Bill on Mobile Operator invoice:

Type	Sample Text	Charge
CTA	Text 890 to 12345 for "Evening Lights" by Bob Zigby
MO	'890' to 12345	Std
WAP	Push consumer clicks and initiates download
MT	(after last byte and delivery notification) Thanks for your order. A charge of $1.99 will appear on your wireless bill.	$1.99

Downloadable Content Message Flow Example:

Opt-in Via Web Example The user visits www.myprogram.com The user browses for content and chooses to download an item. The user enters their mobile number on the Web site and hits submit. The user chooses their handset from the pull-down menu. The system sends a standard rate confirmation SMS to the mobile device. For example, a message such as the following will be sent: "Myprogram: To confirm you want to download the Myprogram wallpaper for $x.xx + std/other rates, reply with Y. Help at www.myprogram.com. Send STOP to opt-out." The initial Opt-In must include how the user gets help (via Web site or toll-free number), how the user can opt-out (by sending stop), and pricing terms for the service. Opt-in Via Mobile Phone Example User sends <keyword> to <shortcode> Please specify the actual Keyword and shortcode Ex. User sends "Join" to 12345 The system sends a standard rate confirmation SMS to the mobile device. For example, a message such as the following will be sent: "Myprogram: To confirm you want to download the Myprogram wallpaper for $x.xx + std/other rates, reply with Y. Help at www.myprogram.com. Send STOP to opt-out." Content Message Flow: (Must be provided) User replies to SMS and sends 'Y' back to shortcode. If the program offers downloadable content via the mobile phone, a WAP Push needs to be integrated into the flow. The system receives the confirmation message and creates a one-time unique ID (such as 45678) that will allow Myprogram to track this order through the WAP delivery server. If the phone is on a GSM network such as AT&T (Formerly Cingular Wireless) or T-Mobile, the system sends a standard rate WAP Push. For example, a message such as the following will be sent: BINARY WAPPUSH URL: http://wap.myprogram.com/deliver?id=45678 TEXT: Press YES/TALK to download your Wallpaper. If the phone is on a non-GSM network such as Sprint or Nextel, a simulated WAP Push (a text message containing a URL) is sent. For example, a message such as the following will be sent: http://wap.myprogram.com/deliver?id=45678 The WAP server monitors the download status of the mobile phone. If the user does not connect to the URL within 10 minutes, the previous message is sent a second time to the device just in case the SMS never got through. Once the download is complete, the final premium rate message is sent to the user. This is to ensure that the user is ONLY charged the premium fee once the content has been downloaded. This should eliminate many problems with users wanting refunds for content that never made it to their phone. For example, the following premium rate message at $x.xx will be sent: (EX) "Myprogram: Enjoy your Myprogram wallpaper at $x.xx. Come back often for new ringtones, wallpaper, and games! Info at www.myprogram.com." Done

Premium Subscription Services

In these programs a consumer initiates the program with a sign-on process (via handset or Web) based on a call-to-action. Your response is a welcome message that lets the consumer know they have opted-in for a subscription that is automatically renewed. This premium transaction is a one-time event per subscription cycle.

Subscriptions are defined by the following attributes:

• Recurring service
• Services are billed by a mobile payment mechanism

Types of subscriptions include:

• A service for a set period of time, such as one month.
• A service for a set number of uses, after which the consumer may be charged for another "bucket" of uses.

 

Policy Summary: Premium Subscription Programs require double opt-in by the consumer.

 

• Both standard and premium subscription services need to provide double opt-in processes. (Be sure to follow the previously outlined double-opt-in guidelines.)
• Be sure that premium charges apply on the “confirmation” MT. Premium charges cannot be spread over multiple messages.
• Make sure subsequent premiums are applied precisely on the anniversary date.
• Do not charge a full premium rate for a mid-cycle activation.
• Subscriptions that bill at a frequency of monthly or longer need to send a reminder message on the subscription’s anniversary date. This message needs to be sent to the consumer’s handset and needs to clearly communicate:
• Essential service information, such as: the name of service, subscription frequency, disclosure that the subscription is being renewed, applicable charges
• Opt-out details
• HELP command information
• Consumer support information
• Message example: “Your subscription to myprogram alerts is being renewed at $x.xx per month (Up to 30 msgs per month). Send STOP to opt-out. HELP at www.myprogram.com.”
• To ensure optimum market adoption, it is essential that consumers be able to terminate a service at any time. Make sure your advertisements, and Terms and Conditions never state or imply otherwise.

Example:

Type	Sample Text	Charge
CTA	Text 12345 for a weather alert each day. Subscription service for $4.99/mo + other charges may apply.
MO	12345 Weather	Std
MT	You have requested Daily Weather Alerts. Subscription service is $4.99/mo. To agree reply 'Yes'.	Std
MO	Yes
MT	Welcome. Your 1st alert will arrive shortly. To quit at any time text 'STOP'. Support: 888-123-4567	$4.99 + std
MT	Alert 1	Std
MT	Alert 2	Std
Anniversary or EOM	You are currently subscribed to Daily Weather alerts. Alerts are $4.99/mo + other charges may apply. Text 'STOP' to quit at any time. Support: 888-123-4567	$4.99 + std

Multiple Subscription Services

Policy Summary: If you offer multiple services that are subscription-based, consumers need to double opt-in to every additional service.

 

• Each time a consumer signs up for another subscription, clearly communicate that they have signed up for a new subscription service.
• For services that request enrollment in additional services, be sure to send the consumer all pertinent information about the service(s) they are currently enrolled in, such as remaining credits, etc.
• Consumers need to follow an affirmative double-opt-in flow to sign up for every additional plan.

Chat Programs

In these programs, a consumer is invited to join a chat service. This includes, but is not limited to, Mobile Operator chat and mobile-to-mobile chat.

Policy Summary: While chat is fast-evolving, Mobile Operators follow strict guidelines when reviewing chat applications.

 

• The welcome MT needs to be non-premium, and needs to clearly communicate essential information such as pricing, opt-out functions, and Help information.
• Make sure premium charges are not incurred for any administrative message that is associated with opting into the program and setting up profiles.
• Be sure your program has the capability for chat participants to report and block members who they perceive to be abusive, threatening, inappropriate, or may be promoting illegal activity.
• Make sure your program automatically opts-out consumers after a certain number of days of inactivity. The limit can be anywhere from 10 to 90 days, depending on the Mobile Operator.
• You can send an informational message letting the consumer know they are being opted-out.
• After the opt-out occurs, automatically delete the consumer from the registered program and any applicable databases.
• If part of a chat service includes a match notification service – and the match service generates premium charges – you need to create additional opt-in steps for that service. At a maximum, two premium or five standard-rate messages of this type may be sent in a 24-hour period.
• Double opt-in is required for all chat programs. Make sure the first MT clearly communicates pricing, opt-out information, and message frequency. The activation is not complete until the consumer responds with an affirmative response.
• Chat is only billable on the MT.
• Only send the MT as a response to an MO from a consumer.
• Important: Mobile Operators never allow:
• BOT chats (except for registration, administrative, or match interactions) and will immediately suspend any program that appears to be computer-generated.
• Chat applications to self-generate MTs.
• IVR-, voice-, or WAP-chat.
• SMS chat applications to advertise for IVR-, voice-, or WAP-chat services.
• Chat services to initiate or facilitate voice conversation between two consumers (in this case, “consumer” includes “Mobile Operator”).

Example:

Type	Sample Text	Charge
CTA	Text 12345 chat to chat with amazing people.
MO	12345 chat	Std
MT	Welcome to chat. You will be charged .99/message received. Reply with your name to start chatting with amazing people	.Std
MO	12345 Bill	Std
MT	"Hi Bill, I'm Summer. What are your hobbies?"	.99
MO	"Hi Summer. I like to monoski. It's so cool."	Std
MT	"WOW! I monoski too. What kind of ski do you have?"	.99
MT ($25.00)	Service notice – you have spent $25.00 to date this month. This service is $.99/message received. To continue text 'continue'. Support: 888-123-4567	Std
MT ($+25.00)	Service notice – you have spent $50.00 to date this month. If you agree to continue using this service text 'continue'. Support: 888-123-4567	Std
MT ($+25.00)	Service notice – you have spent $75.00 to date this month. If you agree to continue using this service text 'continue'. Support: 888-123-4567	Std

Premium Programs Charging

The following policies apply to premium program charging.

Policy Summary: Premium Fee Event FUGEN Mobile will trigger a Premium Fee charge on an MO or MT message as a “Premium Fee Event”. You must choose either method as defined in the Short Code Signup Form. If the MT method is selected, you must instruct the FUGEN Mobile Network to trigger the Premium Fee Event. If the MO Method is selected, you must provide keywords for FUGEN Mobile to trigger the Premium Fee Event. If keywords are spelled incorrectly, the Premium fee shall not be triggered. It is your responsibility to ensure keywords are correctly spelled.

 

Policy Summary: Multiple Pricing Tiers FUGEN Mobile supports Multiple Price Tiers on a single short code. You should be aware that Multiple Price Tiers may not be available on all Mobile Operators and that additional fees may apply for the provisioning and continuation of Multiple Price Tiers. Multiple Price Tiers may require the activation of Mobile Operator-specific short codes and FUGEN Mobile may modify Premium SMS messages with these short codes to implement Multiple Pricing Tiers. Mobile Operator-specific short codes may be shared across FUGEN Mobile Merchants as FUGEN Mobile may determine from time-to-time.

 

Policy Summary: Charge Backs Charge backs may occur on Premium SMS messages and will be removed from the Premium Payout. Charge backs may occur if a consumer successfully contests with their Mobile Operator that they did not receive the service for the Premium fee (i.e. delivery of a ringtone). Charge backs may also occur if the consumer’s wireless plan contains insufficient funds. Charge backs may occur up to 120 days or more after the Premium transaction has been completed. You cannot dispute charge backs - FUGEN Mobile and the Mobile Operators will make all attempts to avoid any charge back activity, including escalating the consumer to your Support Services for resolution of issues prior to a charge back occurring. FUGEN Mobile will automatically remove charge backs from your payout.

 

Policy Summary: Refund to Consumers In most cases, the ability to refund a consumer is not available. Instead, you may choose to manually notify FUGEN Mobile of refunds on a monthly basis and FUGEN Mobile will notify the Mobile Operator, who may not be able to process the refunds. NOTE: T-Mobile can charge $10 per customer care call, which is any call that results in a refund to a T-Mobile user.

 

Policy Summary: Consumer Premium Limits A consumer may be limited by the Mobile Operator for the total aggregate Premium charges in a single calendar month. This total is calculated by adding all Premium charges used across any premium program available by a Mobile Operator (not just FUGEN Mobile programs). In most cases, FUGEN Mobile is unable to block Premium SMS Messages to consumers who have exceeded their premium limit. Premium SMS payout, in this case, will not be available.

Customer Support

Policy Summary: You must provide support services to consumers in the form of an e-mail address, a Web site URL, or a phone number for contacting you. Your services must be available during reasonable business hours and you should follow-up in a timely manner. FUGEN Mobile or Mobile Operators may occasionally refer consumers to your support services. You should also provide contact information (at a minimum an email address) for customer service when and where consumers register for your service or opt-in for messages, and at a place they can easily access after they sign-up for your service.

• When consumers have questions about their short code programs, most of them contact the Mobile Operator’s call center first. This can result in substantial service delays – and disgruntled consumers. To provide consumers with excellent care – and one-call resolution – it is essential that you provide clear support and service information about the use and functionality of their program.
• If your program is a binary-content subscription service – or a premium service where advertising is involved – you need to clearly provide a toll-free support number in all these places: the program’s HELP message, the confirmation opt-in message, the STOP command, and in all promotions. You need to make sure your support number is in operation at least Monday through Friday 8:00a EST – 6:00p EST, excluding federally-recognized U.S. holidays.
• Even if your program is not a binary content subscription or premium service, be sure to supply a phone number and mailing address that are easily located on your Web site.

Important: If a Mobile Operator discovers that a program does not offer appropriate customer support information, they may terminate the program immediately without notifying the Merchant in advance. To ensure this does not happen to you, be sure to carefully consider the following guidelines:

• Email support
• Consider email to be a support requirement for all programs; a form on a Web site is not sufficient to provide adequate customer service.
• When consumers send an support request, make sure it triggers a confirmation that indicates the estimated time consumers can expect a follow-up or resolution.
• Your response also needs to contain essential contact information including: a brand name that is relevant to the consumer; the legal name of your company, its address, and phone number – as well as all pertinent information related to the service.

Important: If any of your customer support information changes, be sure to notify FUGEN Mobile before you implement the change.

• If FUGEN Mobile or the Mobile Operator receives questions or complaints from consumers regarding your services, or if we experience any technical problems with your services that negatively affect consumers, you must cooperatively work with us to resolve any issues.

Web Site Requirements

Policy Summary: All programs need to have a program-specific Web site. Be sure to follow these requirements on your Web site.

• Make sure you list all price points on your Web site and specify the item for each price point. (For example: ringtones at $2.99 and games at $3.99, $4.99, etc.)
• List all pertinent support information on your Web site, including a toll-free number and support e-mail address.
• Clearly communicate opt-in, opt-out and HELP information.
• For content programs, be sure content examples are listed and clickable from your Web site.
• For standard rate programs, the Web site does not have to be clickable unless it contains content. The Web site can be a static page, but it must be working/live.

Blacklists

A “blacklist” represents a list of mobile numbers that you may not send messages to.

Policy Summary: Blacklist Requirements If you receive any messages from a blacklisted number, then you should send a response message using text provided by FUGEN Mobile.

Security

Policy Summary: Security and Integrity of Messages To maintain the security and integrity of the FUGEN Mobile Network and consumers’ use of your services, you should have procedures in place to prevent unauthorized third parties from sending consumers unsolicited data, messages, viruses, or a message volume that could burden the FUGEN Mobile Network. Contact FUGEN Mobile immediately if you suspect or know that consumers are receiving unsolicited content that you have reasonably attempted to block.

 

Policy Summary: Security of Account You are responsible for maintaining your account security, including your account ID, password, and connectivity with the FUGEN Mobile Network, and all messages transmitted to the FUGEN Mobile Network. If your account ID or password are stolen, or otherwise compromised, and used for malicious purposes, you are responsible for all messages transmitted using this stolen information. If this occurs, immediately contact FUGEN Mobile to have your account ID or password changed.

Performance

Policy Summary: Throttle Rate You should throttle messages so as not to exceed twenty (20) messages per second rate, or the rate defined in the FUGEN Mobile Access and Messaging Signup Form, or at a different rate that FUGEN Mobile determines with the consumer.

 

Policy Summary: Concurrency You may bind into the FUGEN Mobile Network up to two times, or as defined in the FUGEN Mobile Access and Messaging Signup Form, or as negotiated between you and FUGEN Mobile.

Privacy

The mobile services industry understands that consumer privacy is directly related to the health of its market growth – and universally accepts the fact that all wireless consumers have the right to privacy.

Selling opt-in lists:
Here are the conditions under which a merchant can sell opt-in lists to third parties:

• You receive prior approval from the Mobile Operator.
• You maintain a publicly-available policy that clearly states that you sell consumers' personal information to third parties.
• Your process complies with applicable federal and state laws, rules and regulations.
• Your process gives consumers an easy way to restrict the sale of their personal information – including an easy way to contact your company.

Operator-Specific Restrictions and Guidelines

The previous sections presented guidelines that all Mobile Operators agree upon. This section highlights information that pertains to specific Mobile Operators' requirements.

Summary of Mobile Operator Supported Services

Content Services Supported by the Operators (This is not intended to be a comprehensive list.)

Services	Alltel	AT&T	Nextel/ Boost	Sprint	T-Mobile	Verizon	Virgin Mobile
Standard Rate Alerts	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Standard Rate Recurring Alerts (weather alerts, horoscopes, trivia)	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Standard Rate SMS Downloads	No	Yes	No	No	Case-by-case	No	Yes
PSMS (non-download) One-time, Non-recurring (voting, polls, etc.)	Yes	Yes	Yes	Yes	Yes	Yes	Yes
PSMS Recurring Events Billed/Msg	Yes	Monthly only	Yes	Yes	Case-by-case	Yes	Yes
PSMS Subscription (horoscopes, weather alerts, trivia, etc.)	Yes	Monthly only	Yes	Yes	Yes	Yes	Yes
PSMS Downloads One-time Event (ringtones, wallpapers, logos, etc.)	No	Yes	Yes	Yes	Yes	No	No
PSMS Chat (operator, group, user to user)	Yes	Yes	Yes	Yes	Yes	New Chats on hold	Yes
MMS/MO MMS	No	No	No	No	No	Yes	No
Brew Directed SMS	No	No	No	No	No	No	No
Unsolicited Messages	No	No	No	No	No	No	No
Skype	No	No	No	No	No	No	No
Single Opt-in for Interactive TV (“Deal or No Deal”)	Yes	Yes	Case-by-case	Case-by-case	Yes, but price point must be $0.99 or below	No	No
Passive Opt-in	Yes	No	No	No	No	No	No
PIN Code Opt-in	Yes	Yes	Yes	Yes	Yes	Yes	Yes
WAP Browsing	Case-by-case	Yes	No	Yes	Yes	No	Yes
WAP Push	No	Yes	No	No	Yes	No	Yes
Binary Downloads	No	Yes	No	Yes	Yes	No	Yes
JAVA Applications	No	Yes	No	Yes	Pre-approved only	No	Yes
Video Streaming	Standard only	No	No	Yes	No	No	No
Viral Campaigns	Yes	Yes	Case-by-Case	Case-by-Case	Yes	Yes	Yes
Voice/IVR Applications	Yes	Yes	Yes	Yes	Case-by-Case (No IVR Chat Services)	No	Case-by-case
Reverse Auctions (Standard & Premium)	Yes	Yes	Yes	Yes	Standard Only	Yes	Yes
Couponing	Yes	Yes	Yes	Yes	Case-by-Case	Yes	Yes
Community Application for Blogs	Yes	Yes	No	Yes	Yes	No	Yes
Sweepstakes	Yes	Yes	Yes	Yes	Case-by-Case	Yes (Ts and Cs must be provided)	Yes
Affiliate Marketing	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Free Content (wallpaper, ringtones)	No	Yes	No	No	Case-by-case	No	No
Using “FREE” in Advertising	No	No	No	No	Yes	No	No
White Labeling	No	Yes	No	No	Yes	No	No
SMS Length Allowed	160	160	140-160	140-160	140-160	160	160
Micro-billing	Case-by case	Case-by case	No	No	No	No	No
Alternate Billing (PayPal)	No	No	No	No	Yes	No	Yes
Peer-to-Peer Payments	No	Yes	Case-by case	Case-by case	Yes	No	Case-by case
Monthly Consumer Spend Cap	$35 (per user, all services)	$80 (per user, all services)	$50 (per user all services)	None	$30 (per service); $75 for chat;$20 for iTV (per episode)	$100 (per service)	None
Highest Single Price Point Allowed	Case-by-case	$29.99	$9.99 Nextel; $6.99 Boost	$9.99	$10.00	Case-by-case	Case-by-case
Billing Receipts	No	No	No	No	Yes	Yes	No
Delivery Receipts	No	Yes	No	No	Yes	Yes	No
CDMA/GSM/iDEN	CDMA	GSM	i-DEN	CDMA	GSM	CDMA	CDMA
Number of Subscribers	11.6M	60M	See Sprint	51M (includes Nextel)	23M	56M	4.7M

Alternate Billing Methods

Some Mobile Operators allow consumers to purchase content by alternative billing arrangement – such as credit card, PayPal, prepaid card, and/or "PIN" services. But each such transaction needs to be transmitted over a unique code. Each code is set by the Mobile Operator and is identified at the time the request is submitted.

Policy Summary: Alternate Billing Methods are not allowed by some Mobile Operators. Verizon and AT&T do not allow credit card billing and/or PayPal. (In fact, AT&T clearly states they will reject any program that does not bill directly to the consumer’s wireless bill). Therefore, FUGEN Mobile recommends that your programs only offer a direct bill option that incurs charges directly to their wireless bill, and not offer other payment alternatives. NOTE: T-Mobile is a Mobile Operator that does allow alternative billing methods (credit card, PayPal, etc.).

Opt-In Requirement for Premium Charges

All Operators except T-Mobile require a double opt-in for non-recurring premium charges.

Price Point Limitations

·         Lowest price point accepted everywhere: $.30

·         Alltel: Evaluated on a per campaign basis

·         AT&T: Accepts most price points above $.30

·         Boost: No single/subscription price point above $6.99

·         Nextel: No single/subscription price point above $9.99

·         Sprint: No single/subscription price point above $9.99

·         T-Mobile: No single price point above $10.00

·         Verizon: Evaluated on a per campaign basis

Specific Guidelines for Mobile Operators:

Guidelines for Alltel

Spending Caps Monthly/consumer	Current spending limit is $35.00/month. The first of the month should be treated as a blank slate; Merchant should not hold billable messages.
Price Point / Tariff Restriction	$35.00 $0.99 / txt for Chat services
Prepaid Customers Supported?	No
Adult Services	No
URL Embedded SMS	No
WAP Supported	No
PSMS	Yes
Sweepstakes	For all programs with a sweepstakes element, you must highlight the prize and value of prize in the brief. All sweepstakes programs must be in compliance with all state and federal laws. Final terms and conditions must be submitted for legal review.
Chat Programs	Price per message is capped at $0.99 Welcome MT must be non-premium, clearly disclose pricing, opt-out functions, and help. Administrative messages associated with opting into the program and setting up profiles should not incur premium messages. No BOT chats are allowed. (This does not apply to registration or administrative, or match interactions. Any programs appearing to be computer generated will be suspended immediately.)
Free to End-User	FTEU programs are not currently supported.
Gifting Programs	Gifting programs are not currently supported.
Micropayments	Programs involved an implement of purchasing hard goods will be reviewed on a case by case basis.
Blacklisting	All Media Companies must comply with any request Alltel has for opting out consumers from programs.
Credit Card or Gift Cards	Credit card or gift cards are not currently supported.
Transferring Short Code Subscriptions	Consumer subscriptions cannot be transferred from one short code to another short code without written authorization from Alltel.

Guidelines for AT&T

Spending Caps Monthly/Consumer	$80 per month across all premium rate services
Price Point/Tariff Restriction	Artificially creating a transaction value is not allowed (i.e., sending multiple premium MTs for payment of a product or service. For instance, one MT with content and two bland messages all charged at $0.99 to achieve a $2.97 transaction). AT&T no longer supports price points below $0.25.
Cross-over Market	"No" - programs are not allowed to invite consumers to opt-in to additional campaigns.
Alternate Billing	AT&T does not allow credit card billing and/or PayPal. In fact, AT&T clearly states they will reject any program that does not bill directly to the consumer's wireless bill. Therefore, FUGEN Mobile recommends that your programs only offer a direct bill option that incurs charges directly to their wireless bill, and not offer other payment alternatives.
Prepaid Customers Supported?	Yes
Adult Services	No
URL embedded SMS	Yes
WAP Supported	Yes. Campaigns must demonstrate adequate processes to ensure handset-content compatibility and virus protection.

Guidelines for Nextel/Boost

Spending Caps Monthly/Consumers	$50 per month per user Managed by the Mobile Operator Boost does not support programs over $6.99.
Micropayments	Yes
Adult Services	No
Downloaded Content (e.g., ringtones and wallpapers)	No
Sweepstakes, Chat, Alerts, Trivia and Subscription	Yes
"Double Confirmation" for Premium Service	Yes
Sweepstakes	Case-by-case
Handsets	Nextel two-way and MMS handsets support 500 character message lengths. Nextel SMS-only handsets support 140 character message lengths and cannot originate MO messages. All Nextel handsets include the handset's phone number in the body of the MO. For example: Sending a MO of "Chat" on a Nextel handset will look like "+14085907199 Chat" as the body. So consequently, your application will receive "+14085907199 chat". Please adjust your application accordingly to respond appropriately. All Boost handsets support 500 character message lengths.
Opt-in Registration or Solicitation for Opt-in Registration	Must disclose to each consumer the premium fees that may be incurred, and that they may be charged standard fees in accordance with their service plan – in addition to the premium fees that may apply. Following opt-in registration, you must clearly and conspicuously disclose in a separate notification to each consumer: the process(es) by which the consumer may opt-out of the campaign and stop all further messages; a reminder that the consumer will be charged in accordance with their service plan.
Opt-in Registrations via an Internet Web site	Must include three levels of validation (i.e., after registering, a validation code will be delivered to the consumer's handset and the code must then be entered into the Web site by the consumer. You must include your phone contact information.
Opt-in is On a Per- Campaign Basis	Additional messages may not be delivered to the consumer upon completion of the applicable campaign. Subsequent campaigns will require consumers to provide opt-in registration specifically for the subsequent campaign. Nextel must approve the post-registration notification in writing. Although you may offer several opt-out options, the consumer must be allowed to opt-out in the same manner to which they opted-in.
DO NOT CONTACT List	You must maintain and comply with a "Do not contact" list.

Guidelines for Sprint

Spending Caps Monthly/Consumer	No monthly limit.
Micropayments	No
Adult Services	No
Monthly Subscription Services	Auto renewing is allowed. A standard rate MT may be sent no earlier than 3 days prior to the subscription expiration containing the name of the subscription, the cost, and how to opt out.
Opt-in via the Internet	Must include three levels of validation (i.e., after registering, a validation code will be delivered to the consumer's handset and the code must then be entered into the Web site by the consumer. You must include your phone contact information.
Opt-in is on a per- Campaign Basis	Additional messages may not be delivered to the consumer upon completion of the applicable campaign. Subsequent campaigns will require consumers to provide opt-in registration specifically for the subsequent campaign. At the point of opt-in registration or solicitation for opt-in registration, you must disclose to each consumer the premium fees that may be incurred, and that the consumer may be charged standard fees in accordance with the consumer's service plan in addition to the premium fees that may apply. You can send messages only to consumers who have opted-in, and messages shall contain only the content corresponding to: the short code used by such registered consumer; or, the content described during the opt-in registration process
Handsets	Only consumers with handsets that support 2WSMS and Vision can be targeted. For downloadable content, the handset make/model via http within the ua_prof parameter will be available. If your application does not support the handset you must respond with a standard rate MT advising the consumer. There are currently 36 phones capable of text messaging and data services ("Vision") in market. At a minimum, you must support the following handsets: Samsung a620, Samsung a660, Sanyo 8100, Sanyo 8200, Sanyo 4500, Samsung a680, Sanyo 7400, Samsung a700, Sanyo 5300 and Sanyo 7300.
DO NOT CONTACT List	You must maintain and comply with a "Do not contact" list.
Chat	All public content must be monitored and screened for adult content. Service must show that it has human monitoring for adult language and content, as well as illegal activities. Sprint prefers that monitoring happen pre-posting. Service must show existing user base and usage forecasts over a 12month period on both a macro level and for Sprint, specifically; forecast should contain projected users and usage/user, as well as growth rate for both. Service contains a double opt-in for accepting fees. Service contains clear language explaining pricing in first messages and periodically in subsequent messages. Service provides estimate to consumers of how many messages are required to sign up. Service has ability for consumers to stop at any time by testing "STOP" to the short code. Consumers can report other users who behave inappropriately. Service has clear guidelines for when and how inappropriate users are removed from the service (e.g., 3 complaints and you are banned from the service). Consumers can block specific users. All URLs contained in messages are inactive.
Customer Support	At a minimum you must provide an email address and Web address.

Guidelines for T-Mobile

Spending Caps Monthly/Consumer	Consumer cap is $30 per month. Managed by the application provider Chat services may exceed this limit if approved by T-Mobile and if consent from the consumer is sought at every $25 of spending $10.00 is the maximum allowable rate of a single billing event $30.00 is the maximum allowable for multiple billing events to a single consumer in a one-month period for a single service. In this instance, notification of pricing should be sent in increments of $10.00. This message should supply disclosure to consumer that they have accumulated $10.00 in charges and consumers must affirmatively reply YES to continue service. $20.00 for iTV programs (per episode). Ex: $0.99/vote up to 20 times per episode, $30 spending cap applies $75.00 for Chat services
Prepaid Customers	No
Tagging	T-Mobile does not support short code tagging. ("Tagging" consists of adding one or more digits (the "tag") to the end of a short code in order to track specific messages.)
Alternate Billing	Yes, but subject to Mobile Operator approval.
Micropayments	No
Adult Services	No
Price Point / Tariff Restriction	Artificially creating a transaction value via multiple premium messages is not permitted.
Downloaded Content (e.g., ringtones and wallpapers)	Yes. Are allowed for premium campaigns If ringtones or wallpapers are to be given away as part of a promotional campaign, an extra charge per item of content downloaded applies. Please ask your FUGEN Mobile representative for details. Binary subscription services including WAP push, ringtones, wallpaper, etc., are subject to a cost per premium download message. Standard revenue share does not apply. Ask your FUGEN Mobile representative for details.
Sweepstakes, Games, Lottery, Chat, and Animations	Sweepstakes programs are currently supported but subject to Mobile Operator approval Games and applications are now supported but limited to a published list of titles – please see your FUGEN Mobile representative for further details Lottery programs are not currently supported Animations are supported Chat services are supported, but application tariff can not be higher than $0.99
WAP Support	Yes. Allowable uses for WAP storefronts forinclu storefronts, downloading content, access mobile blogging sites, utilize location services with links to maps, traffic, etc., or engaginge in WAP chat All WAP domains/URLs MUST be whitelisted for content downloads and MUST be preceded with “d2c.” For example, instead of using http://bobsringtones.com, you should use http://d2c.bobsringtones.com or perhaps http://d2c.wap.bobsringtones.com. Primary domains will not be whitelisted for content delivery.

Guidelines for Verizon

Spending Caps Monthly / Consumer	$100 per month cap per short code per consumer. This limit must be strictly enforced by the Merchant.
Prepaid Customers Supported	No
Micropayments	Case-by-case Billing for IVR programs is not allowed
Adult Services	No
Tagging	Verizon does not support short code tagging. ("Tagging" consists of adding one or more digits (the "tag") to the end of a short code in order to track specific messages.)
Downloaded Content (e.g., ringtones and wallpapers), Chat, Alerts and Trivia	Yes, through MMS.
Sweepstakes	There are special provisions for sweepstakes programs: The Service Approval form must list the prizes available. These cannot include non-Verizon phones, accessories and services. For all sweepstakes programs that include a sweepstakes element, the final terms and conditions and prize rules must be submitted with the Service Approval Form for review by the Verizon legal department.

Guidelines for Virgin Mobile

Virgin Mobile's rules and regulations are similar to Sprint's, with these additions:

·         Will reject content programs that do not include a WAP URL.

·         Program must have a toll free support number.

·         Accepts most price points that are reasonable and justified.

·         Allows WAP Push.

Program Approval and Modification

This section presents guidelines to help you send your programs smoothly through the approval process.

Program Submission

Important: To ensure faster acceptance of your programs, we recommend you submit a detailed program brief to FUGEN Mobile. We will submit it to Mobile Operators for their review and approval.

 

Important: Messages sent to consumers must be directly related to your service as described in the Merchant Agreement and the Short Code Program Form.

Short Codes

CSCA Registration

You should register all cross-operator 5-digit short codes with the Common Short Code Authority (CSCA) run by CTIA and Neustar. FUGEN Mobile will help you with the registration process and is authorized to provision your account with the CSCA. You can keep a direct billing arrangement with the CSCA, unless otherwise negotiated between you and FUGEN Mobile. You CSCA account for the short codes must be kept up-to-date If you allow a short code registration to lapse with the CSCA, you will be in breach of your FUGEN Mobile Merchant Agreement.

Important: You may only send messages from the CSCA Short Codes that you provide to FUGEN Mobile.

Before submitting a program:

Before you submit a program for approval, be sure to answer all of the following questions. Feel free to contact FUGEN Mobile with any questions you may have about any of this.

·         Is it clear to the consumer what program(s) they are getting?

·         Is it clear to the consumer how much the program(s) will cost?

·         Is it clear to the consumer how to get help?

·         Is it clear to the consumer how they can discontinue the program?

·         Does the program clearly indicate to the consumer that they will not receive unwanted and/or unnecessary messages?

·         Is the program for use on a mobile handset? (Mobile Operators do not provide billing for programs that are not consumed on a mobile device.)

·         Does the program live up to the letter and spirit of the MMA Best Practices Guidelines and this Acceptable Use Policy?

·         Does my program have a program-specific Web site with Terms and Conditions and contact information?

·         Do my Terms and Conditions contain pricing information, opt-in, opt-out, and help information?

·         If my program contains content, is it displayed and easily navigated on the Web site?

Important: Be sure to clearly show all of the above information on a program-specific Web site.

Program Briefs

Every program you submit for approval needs to include complete program details that give Mobile Operators a thorough understanding of what each short code will be used for.

If you want to run multiple programs on a short code, make sure your brief reflects that. Also, if you list more than one price point, be sure to include details for each price point.

Program Review

Although Mobile Operators assume your program is final when you submit a program brief for review, the Mobile Operator will still review it for completeness. Make sure all applicable fields and information are completed and that all terms and conditions of the agreement are implemented. Missing information too-often leads to rejection or significant delay in getting a program into production.

Important: Since program briefs are the basis for certification and launch of any program, discrepancies between the brief and actual functionality is certain to result in rejection of the request.

Provisioning Timeframe

FUGEN Mobile requires at least thirty (30) days to provision a Short Code Program. We will make all efforts to expedite the provisioning process, however, you should promptly register short codes with the CSCA. The provisioning process may be delayed if you do not make initial payments to the CSCA on time. FUGEN Mobile may need to obtain additional program documentation from you, and any delays may affect the provisioning timeframe. FUGEN Mobile will not be held liable for delays from Mobile Operators due to their unresponsiveness.

Below is an approximate timeline for the program approval process for each Mobile Operator:

Mobile Operator	Process	Timeline
Alltel	1. Approval 2. LIVE	1-2 weeks
AT&T	1. Approval 2. Provisioning 3. LIVE	4-6 weeks
T-Mobile	1. Approval 2. Provisioned 3. Certification 4. Testing 5. LIVE	4-6 weeks
Sprint	1. Approval 2. In Testing 3. LIVE	1-2 weeks
Verizon	1. Business Development 2. Product Review 3. Legal Review 4. Network Provisioning 5. LIVE	Minimum of 6 weeks
Virgin Mobile	1. Approval 2. In Testing 3. LIVE	1-2 weeks

 

Important: Program Freeze – During the program certification and testing process, you MUST NOT change your Web site or message flow without notifying FUGEN Mobile. The program will be rejected if you do not comply with the Program Freeze.

Program Approval During Review
At the Mobile Operators' discretion, you may receive conditional approval, which says that even though your program brief is approved, your program may require some modifications prior to production.

Program Rejection During Review
Mobile Operators regularly reject programs for various – and seemingly arbitrary – reasons. If your program is rejected, FUGEN Mobile will provide feedback to you and will resubmit your program brief based on the Mobile Operator's responses.

Program Testing

During program provisioning and testing, FUGEN Mobile will contact you with any questions that need to be answered to keep the testing process moving forward smoothly.

Program Modification

Mobile Operators approve and provision campaigns based on specific parameters. Therefore, if you want to make any changes to an existing program, you need to get approval for those changes from the Mobile Operator.

Policy Summary: You must contact FUGEN Mobile prior to changing any of the following service details so we can notify the Mobile Operators: Pricing modification Addition or modification of sweepstakes to the program Opt-in/opt-out logic change (not including keywords) Deviations from consumer best practices Material change in program content Customer care contact Brand name changes Early termination of program

 

Policy Summary: Adding and/or Raising Price Points To add or raise price points, be sure you: Submit a new program brief noting that you are requesting a change to currently available price points. Add a new send-only program with an accurate description that reflects the requested change, including price.

 

Policy Summary: Adding/Deleting a service To add or delete a service be sure to: Submit a new brief noting what service you are adding, deleting, or changing. Be sure to include accurate price points and message flow.

Program Transfers

When you transfer a short code from an aggregator to FUGEN Mobile, be sure to provide notification on company letterhead that is signed by a director or officer of your company, indicating that <company> is transferring <short code> from <previous aggregator> to FUGEN Mobile.

Performance Measurements

In an effort to encourage policy compliance and optimize consumer experience, FUGEN Mobile Exchange provides Performance Incentive Programs based on performance measurements collected for each FUGEN Mobile Merchant. Performance is measured based on volume and quality metrics such as refund and charge back rates.

Please contact FUGEN Mobile for program details.

Appendix

Glossary

Certification – The final stage in the approval process. Your program being certified by a Mobile Services Provider means it is approved for production.

Chat Bots – Computer-generated responses sent to chat participants. These responses are sent without human operation interaction.

Commercial Messages – Messages sent to a mobile device whose primary purpose is for commercial purposes

Consumer – An individual who is a consumer or end user of a wireless service.

Content – Any data that is sent, received, transmitted, downloaded, stored or otherwise made available by Media Companies to Consumers and is visible or audible to consumers, including messages, ringtones, pictures, images, text, graphics, video, audio, WAP content on Mobile Services Providers' WAP portal, file names, applications, artist names, and content labels.

Content Provider or Merchant – Parties that offer mobile content to wireless consumers.

FTEU – "Free to End User."

Double Opt In – When a consumer opts into a program with two consumer-initiated messages to a Mobile Services Provider. For example, a consumer wants to join a Program, and texts "join chat" to a short code. The consumer then receives a confirmation MT message prompt and responds with "yes" to confirm their acceptance of the premium charges, terms, and conditions related to joining that service.

MO – Mobile Originated Message. All messages sent from the user.

MT – Mobile Terminated Message. All messages sent from the service.

Mobile Services Provider – The wireless service provider. Also commonly known as Carrier, Network Operator, or Operator.

Premium Rate – Programs or messages that result in charges to the consumer's wireless bill above and beyond standard text messaging charges.

Program brief – All the necessary details of a program that a Mobile Services Provider needs to audit and certify a program for production.

Provisioning – The process of getting a program set up with a Mobile Services Provider.

Production – The stage at which a program is live and available to consumers.

Single Opt In – When a consumer opts into a program with a consumer-initiated message to a service provider. For example, a consumer wants to join a service and does so by texting "join health alerts" to a short code.

Standard Rate – Programs or messages that result in normal text messaging charges to the consumer's wireless bill, or which result in messages being deducted from a consumer's messaging plan allowance.

Subscription – A product or service initiated by a consumer to receive content on an ongoing basis, typically with periodic premium billing events. It is not a one-time usage service.

White Label – content TBD.

White List – content TBD.

Helpful Links

CTIA Web site: http://www.ctia.org/

Mobile Marketing Association (MMA) Web site: http://www.mmaglobal.com/

MMA Best Practices: http://www.mmaglobal.com/bestpractices.pdf

Truste: http://www.truste.org/

FAQs

Why do so many of my programs get rejected?
Typically, high rejection rates occur because the basic tenets and supporting guidelines of the Mobile Services Provider's code of conduct are not adhered to. Mobile Operators try to avoid any program that may generate customer support calls to their call center.

Our client needs a program implemented tomorrow. Can you expedite?
Expedited requests are not allowed.

Can I use other gateways to transmit messages?
No. All MO and MT traffic you transmit or represent must route through the Mobile Services Providers' gateways.

Do I need to submit a new program request for a program using an already provisioned short code?
Yes. All new programs and any changes to existing approved programs require approval and certification by Mobile Services Providers before they can be made commercially available.

Can I sell physical goods and services using premium billing?
No. Transactions that promote the sale of goods or services not delivered through the mobile channel are not allowed.

My client is a "white label" storefront. Am I responsible for content distributed by its affiliates, resellers, etc.?
Yes. The rules of conduct in this Policy Guidebook are applicable to ALL services and clients you represent. Violations of these terms by you or any of your clients are your responsibility.

Does every white label or affiliate service require a new program brief?
Yes. These are treated as new services and must be reviewed and certified. All applicable rules governing new service requests apply to white label and affiliate services.

Can I offer an application that allows consumers to place a "storefront" on their device? What about a WAP link to a storefront?
Storefronts are allowable by some Mobile Operators. This includes any WAP links to a storefront, navigation instructions to a storefront, or book marking.

Are networked applications or networked games allowed?
No.

I have a client that wants to offer a Telematics solution. Is this allowed?
Yes. Telematic and "machine to machine" services may be submitted.

Can I direct consumers to a Web site for information on opt-ing out?
No. Any messaging where recurring messages or premium events take place must contain opt-out instructions within the text message.

Will a PIN confirmation suffice for opt-in registration via a Web storefront?
Yes. However, the service flow must still follow double-opt in procedures. (See "Opt-in and Opt-out Policies" in Section 3.)

Are charitable PSMS programs allowed?
No. Currently many Mobile Services Providers cannot support PSMS programs designed for charity purposes.

Our client wants us to send the MT but will be using another partner to manage the MO traffic. Is this allowed?
No. Programs must be managed end-to- end by one provider.

I've got a Joke of the Day service for $1.50/day. Is this allowed?
No. This exceeds the monthly spend cap of $30.00/service

Can I offer a free ringtone to first-time consumers? What do you consider a "first time consumer"?
Yes. This is allowed but there must be appropriate disclosure of any terms related to this free ringtone. Additionally, a "free ringtone" cannot be attached to any type of service commitment. It must be offered "no strings attached".

We consider a first time consumer to be any consumer that registers for a service. A consumer that discontinues service and then signs up again is considered a "first time consumer".

Are non-premium ringtones allowed if they have a follow-up MT to request the consumer check out their Web site for other offers?
No.

When consumers don't complete the final step in a double opt-in, Can we send them a reminder message?
No. If a consumer does not complete the double opt-in then no further messages should be transmitted. If a consumer does not respond, the non-response should be treated the same as a STOP ALL command and the consumer must be removed from all databases.

Our Client would like to use "long" codes (a.k.a. longtail codes) for a program. Is this allowed?
No. Only approved short codes are allowed.