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DMA: Data and Marketing Association
Hurricane Relief

The Terms of the Offer

HONESTY AND CLARITY OF OFFER

Article #1

All offers should be clear, honest, and complete so that the consumer may know the exact nature of what is being offered, the price, the terms of payment (including all extra charges) and the commitment involved in the placing of an order. Before publication of an offer, marketers should be prepared to substantiate any claims or offers made. Advertisements or specific claims that are untrue, misleading, deceptive, or fraudulent should not be used.

ACCURACY AND CONSISTENCY

Article #2

Simple and consistent statements or representations of all the essential points of the offer should appear in the promotional material. The overall impression of an offer should not be contradicted by individual statements, representations, or disclaimers.

CLARITY OF REPRESENTATIONS

Article #3

Representations which, by their size, placement, duration, or other characteristics are unlikely to be noticed or are difficult to understand should not be used if they are material to the offer.

ACTUAL CONDITIONS

Article #4

All descriptions, promises, and claims of limitation should be in accordance with actual conditions, situations, and circumstances existing at the time of the promotion.

DISPARAGEMENT

Article #5

Disparagement of any person or group on grounds addressed by federal or state laws that prohibit discrimination is unacceptable.

DECENCY

Article #6

Solicitations should not be sent to consumers who have indicated to the marketer that they consider those solicitations to be vulgar, immoral, profane, pornographic, or offensive in any way and who do not want to receive them.

PHOTOGRAPHS AND ART WORK

Article #7

Photographs, illustrations, artwork, and the situations they describe should be accurate portrayals and current reproductions of the products, services, or other subjects they represent.

DISCLOSURE OF SPONSOR AND INTENT

Article #8

All marketing contacts should disclose the name of the sponsor and each purpose of the contact. No one should make offers or solicitations in the guise of one purpose when the intent is a different purpose regardless of the marketing channel used.

ACCESSIBILITY

Article #9

Every offer should clearly identify the marketer’s name and street address or telephone number, or both, at which the individual may obtain service and exercise their marketing preferences. If an offer is made online, the marketer should provide its name, an Internet-based contact mechanism, and a street address. For email solicitations, marketers should comply with Article #40 (Commercial Solicitations Online). For mobile marketing solicitations, marketers should comply with Articles #54-56 to provide adequate notice to consumers to allow them to exercise their marketing preferences.

SOLICITATION IN THE GUISE OF AN INVOICE OR GOVERNMENTAL NOTIFICATION

Article #10

Offers that are likely to be mistaken for bills, invoices, or notices from public utilities or governmental agencies should not be used.

POSTAGE, SHIPPING, OR HANDLING CHARGES

Article #11

Postage, shipping, or handling charges, if any, should bear a reasonable relationship to actual costs incurred.

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