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USA Standard Rate Promotions T&C's Requirements Update

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CTIA SHORT CODE MONITORING PROGRAM

CTIA – The Wireless Association (“CTIA”) recently issued a new version (v1.4.2) of their Short Code Monitoring Handbook available at http://wmcglobal.com/media/CTIA-Short-Code-Monitoring-Handbook-v1-4-2.pdf (http://wmcglobal.com/media/CTIA-Short-Code-Monitoring-Handbook-v1-4-2.pdf). Please note that the changes reflect how CTIA will be monitoring campaigns in market.

As a reminder, your applicable Agreement obligates you to follow these guidelines strictly.

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T-MOBILE – NEW COMPLIANCE GUIDELINES

T-Mobile has released new compliance guidelines.

Special Highlights and Guideline Changes:

· Terms and Conditions

o Full terms and conditions must indicate that T-Mobile is not liable for delayed or undelivered messages

· Single Message Programs

o Once the specific set of messages has been completed, the Customer is no longer opted in and no further messages can be sent. A session may not extend beyond 24 hours from the Initial Opt-In.

· General

o Guidelines must be applied in conjunction with the most recent version of the CTIA Short Code Monitoring Handbook.

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SPRINT – NEW COMPLIANCE GUIDELINES

Sprint has updated their Audit Standard Playbook. This latest version (v4.31) has been updated to be more in line with the CTIA guidelines. A copy of the handbook is attached.

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*IMPORTANT NOTICE FROM txtNation : As you are aware, the mobile communications industry heavily regulates short codes. Specifically, entities such as the Cellular Telephone Industry Association (“CTIA”), Mobile Marketing Association (“MMA”), and individual mobile carriers each issue rules and guidelines that you are responsible for knowing and following when you use txtNation's services. Some of these rules and guidelines stem from the increased lawsuits and government actions that have occurred over the past several years, directly impacting the use of text messaging for business purposes and sometimes resulting in multi-million dollar settlements or hefty fines for entities involved with the non-compliant programs. The mobile marketing industry has witnessed consumers, the carriers, the FTC, and the FCC going after content providers who violate certain rules and regulations and pursue methods that are considered an abuse of the use of short codes and text messaging. In summary, this industry has become more heavily regulated, and the review of the use of text messaging by businesses is more carefully audited and scrutinized by regulating agencies.

This intense focus on violations and the process changes affect both you and txtNation and, moving forward, will require a greater amount of diligence and care in using short codes and text messaging as a communications platform. As such, please take notice of the important issues addressed above in order to stay compliant. Please note that the information contained in these short code compliance updates is not intended to be construed as a form of legal advice or as approval or disapproval of the content therein. This information is being provided solely to make you aware of the issues that may impact your business and use of short codes. If you feel that any of the notices may have legal implications for you or your company, please seek the advice of your legal counsel. For any other questions or concerns, please do not hesitate to contact your txtNation Account Manager or the txtNation regulatory team for further guidance. We thank you in advance for your understanding and compliance, and we appreciate your business and look forward to the continued success of our professional relationship.

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