"Exclusive rights to ad placement" for digital media/banner ads
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When PAAB asks us to confirm that there are no exclusive rights to ad placement for digital media/banner ads, what does this entail? Let's say that an HCP-gated web page has 3 spots/positions for digital ads. Is it possible for our client to purchase 100% occupancy of position "A" for 1-2 months, given that positions B and C can still be occupied by other advertisers?
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Good afternoon @dmauri
Please see the PAAB Advisory on Disclosure of APS Placement Details. The answer will be dependent on the ad and where it is being placed. A general question you could ask yourself is, “Am I creating a link between the brand and articles which may be considered off-label by virtue of exclusive placement?”.
Note that the concern is the potential for placement to create a notable link between the brand and articles/content on the page(s) which could exceed the federal advertising regulations. This potential is amplified by exclusivity of ad placement.
