In the online advertising world, the two most misunderstood words are compliance and fraud. Often, the media, advertisers, ad verification companies, and salespeople wield these words in an attempt to influence their audience. The problem is that these words are not universally defined and thus are open to interpretation by those saying them and those hearing them.
A notable example of this phenomenon was an article earlier this week in Mediapost which covers a recent study ranking the top ad networks based on a benchmark of “non-compliance”. The only problem with this is that the standard of compliance was defined completely by the company performing the study, not any recognized standard by any trade organization or government entity. In fact, none of the data presented has been verified by an independent third party.
Without harping on one relatively arbitrary example, the takeaway is this. One of the first steps that must occur to gain positive progress on any issue, be it a squabble between siblings or a systemic issue within an industry, is you must first clearly define the problem and standardize the language around it.
The second step that must occur is having all parties involved use the correct name or terminology when describing the issue so all parties concerned are on the same page.
You don’t get to use a word that conjures a negative or positive image and define it the way you choose to benefit you. People can’t decide that from this day forward when they discuss Coca-Cola, they actually mean butterflies. The confusion it would cause, particularly when the definition is spread through the media, would be considerable if it was even taken seriously to begin with.
Case in point: when we see reports from entities that say 90% of all traffic on the web is spam. My gut reaction is: what type of spam? Pork shoulder and Ham, Commercial Emails, Pornographic Email, Phishing emails or email people just did not want who then call it “spam”? We have seen the same problem with data validation or verification firms pushing their product by issuing a list of “safe and compliant” partners; which would be fine, but not if they use their own internally modified definition and never share fully share the real criteria of the list.
So let’s take the first step to solve this problem. It is well documented that issues exist within the online ad world. The issues are in the realm of compliance, fraud and abuse BUT those three words are not all the same.
For the past year, Online Intelligence has used the following “working” definitions to address these three online advertising trouble areas. During the course of several interviews with the Wall Street Journal, MSNBC and other major media outlets about these and a variety of other related topics, I have used these definitions which are widely understood and intuitive to the online advertising audience and I offer them again here:
Compliance
Compliance solely refers to the laws and rules established and passed by the various government, regulatory and industry agencies that govern advertising and consumer trade. Only if a firm violates the rules set down by a governing body can they be labeled “non-compliant.”
Industry entities may also have an “internal compliance” focus which refers to insuring the entities’ partners comply with internal rules of the company. As such a company who violates the internal rules is in violation but they are not “non-compliant.”
Fraud
To classify the actions of an online player, namely the online marketer (affiliate/independent marketer), online advertiser/merchant or online advertising agency/network, as fraud all five of the following elements must be shown to exist and proof must be provided:
- A false statement (creative, posting, string, etc) of a material fact,
- Knowledge on the part of the online player that the statement is untrue,
- Intent on the part of the online player to deceive the alleged victim,
- Justifiable reliance by the consumer on the statement
- Injury to the consumer, advertiser/merchant and/or website owner as a result
Abuse
To classify the actions of an online player, namely the online marketer (affiliate/independent marketer), online advertiser/merchant or online advertising agency/network, as abuse any of the following must be shown to exist and proof must be provided:
- Knowingly violating the published offer/campaign rules
- Knowingly violating the affiliate agreement
- Knowingly violating the advertiser agreement
- Manipulation of data streams to increase individual profit
- Manipulation of system methodologies to impact profit
- Intentionally causing harm to a parties systems, offer or brand
- Intentionally utilizing a system or method for a purpose of which it was not specifically designed
- Engaging in activity that, though not expressly prohibited, is commonly held to be unacceptable or cause negative consequences.
By having standardized, universally accepted definitions such as these and in turn using their names with these definitions in mind, the work of solving the issues within the industry can truly be addressed.
Importantly: advertisers should remember that non-converting leads are not always “fraud.” Data and ad verification services should remember that not following your internal definition does not always mean “non-compliant.” For the media, creative marketing does not always mean “abuse.”
And of course, Coca-Cola does not refer to butterflies.
E.J. Hilbert is the President of Online Intelligence (a division of Epic Media Group)