Mastercard SPME §9.3 · May 2023 → Sep 2023

General Monitoring Requirements

substantive

The revised section replaces general monitoring rules for risky transactions with detailed registration and content control requirements specifically for adult content merchants, including agreements with content providers, verification of age and identity, content review, and complaint handling processes.

Sources Mastercard SPME · May 2023 · page 102 PDF Mastercard SPME · Sep 2023 · page 95 PDF Content Moderation current

Also in §9.x this release substantive §9.2 General Registration Requirements substantive §9.4.1 Non-face-to-face Adult Content and Services Merchants substantive §9.4.5 Skill Games Merchants substantive §9.4.8 High-Risk Securities Merchants substantive §9.4.9 Cryptocurrency Merchants

Why these edits? The revised section 9.3 introduces explicit obligations for adult content merchants to have written agreements with content providers that include content legality, consent, and identity verification requirements, directly affecting content moderation controls.

Mastercard SPME §9.3

This section was substantively restructured between versions (3% text overlap). Compare the texts directly below.

Before · May 2023 · page 102

The monitoring requirements described in this section apply to Customers that acquire non-face-to-face adult content and services Transactions, non–face-to- face gambling Transactions, non–face-to-face pharmaceutical and tobacco product Transactions, government-owned lottery Transactions, skill games Transactions, certain cyberlocker Transactions, recreational cannabis Transactions (Canada Region only), certain securities Transactions, cryptocurrency Transactions, or negative option billing Transactions:

The Acquirer must ensure that each such Merchant implements real-time and batch procedures to monitor continually all of the following: – Simultaneous multiple Transactions using the same Account number – Consecutive or excessive attempts using the same Account number When attempted fraud is evident, a Merchant should implement temporary bank identification number (BIN) blocking as a fraud deterrent.
The Acquirer must ensure that each such Merchant complies with the fraud control Standards in Chapter 6 of this manual. Mastercard Registration Program

After · Sep 2023 · page 95

Security Rules and Procedures—Merchant Edition • 1 August 2023

MCC 5967 (Direct Marketing—Inbound Telemarketing Merchants) and TCC T; or
MCC 7841 (Video Entertainment Rental Stores) and TCC T. Before an Acquirer may process non-face-to-face adult content and services Transactions from a Merchant or Sponsored Merchant, it must register the Merchant or Sponsored Merchant with Mastercard as described in section 9.2 of this manual. By registering an adult content and services Merchant or Sponsored Merchant, the Acquirer is certifying that the Merchant or Sponsored Merchant meets the following requirements and has effective controls in place to monitor, block, and where necessary, take down all content as appropriate. All of the following Merchant requirements also apply to Sponsored Merchants. In situations where the Merchant allows a third-party user (“content provider”) to upload or generate content, including real-time/live streaming content:

The Merchant must enter into a written agreement with each content provider and such written agreement must:
1. Specifically prohibit any activity that is illegal or otherwise violates the Standards
2. Require the content provider to obtain and keep on record written consent from all persons depicted in the content specific to the following areas: – Consent to be depicted in the content – Consent to allow for the public distribution of the content and to upload the content to the Merchant’s website – If the content will be made available for downloading by other users, consent to have the content downloaded
3. Require the content provider to verify the identity and age of all persons depicted in content to ensure that all persons depicted are adults and to be able to provide supporting documents upon request.
The Merchant must only permit content uploads from verified content providers and must have a robust process for verifying the age and identity of the content provider, which includes the review and validation of a government-issued identification and steps to ensure that the government identification is in the possession of, and belongs to, the content provider. The use of a third-party vendor that specializes in the validation of government identifications is recommended.
All uploaded content must be reviewed prior to publication to ensure that the content is not illegal and does not otherwise violate the Standards.
If providing real-time or live video streaming services, the Merchant must operate on a platform that the Merchant is able to fully control and that allows for real-time monitoring and the removal of the content being streamed. For all adult content and services Merchants:
The Merchant must not market the content of its website or permit content search terms to give the impression that the content contains child exploitation materials or the depiction of nonconsensual activities.
The Merchant must support a complaint process that allows for the reporting of content that may be illegal or otherwise violates the Standards and must review and resolve all Mastercard Registration Program

Halyard Pay · 2 files

Content Moderation · rules.yaml

program: Content Moderation (BRAM)
- authority: Mastercard SPME §10.5
+ authority: Mastercard SPME 9.3
prohibited_categories:
  - counterfeit_goods
  - illegal_drugs
  - adult_content_violations
  - intellectual_property_violations
  - gambling_in_restricted_jurisdictions
review_cadence: weekly
human_review_trigger_business_days: 1
confirmed_violation_action: suspend_processing
case_documentation_required: true
agent_owner: content_mod_agent
 
- # Removed specific references to non-face-to-face adult content transaction identification by MCC/TCC and Merchant registration requirements, reflecting Mastercard SPME §9.4.1 update which eliminates these obligations for Acquirers.
- # Policy focuses on broader content moderation enforcement consistent with active SPME sections.
+ # Updated to reflect Mastercard SPME 9.3 revisions requiring registration of adult content merchants,
+ # mandatory written agreements with content providers prohibiting illegal content and requiring consent,
+ # identity and age verification processes for content providers and persons depicted in content,
+ # mandatory pre-publication content review, real-time monitoring of streaming platforms,
+ # and support for complaint processes to address illegal or Standards-violating content.

Content Moderation · policy.md

Content Moderation (BRAM Brand Integrity)

Mastercard's Business Risk Assessment and Mitigation (BRAM) program includes specific

brand-integrity provisions that prohibit acquirers from processing transactions for

merchants engaged in activities that violate Mastercard's acceptable use standards.

Halyard Pay monitors merchant storefront content and transaction data to identify prohibited

content, including adult content, and takes action to enforce compliance.

Prohibited categories

Merchants found to be selling or facilitating counterfeit goods, illegal drugs, adult

content that violates applicable law, goods or services that infringe intellectual

property rights, or gambling services in jurisdictions where such services are

restricted are subject to immediate review and, ~~and~~ if confirmed, merchant suspension.

Required actions

Review merchant storefront content on a weekly cadence using automated scanning

combined with periodic manual sampling.

Flag any merchant whose content matches a prohibited category for human review

within one business day.

Suspend the merchant's processing privileges pending investigation if prohibited

content is confirmed.

Document all findings and remediation actions in the BRAM case file.

## Additional Controls for Adult Content Merchants

In alignment with Mastercard SPME §9.3, Halyard Pay enforces additional controls for merchants

providing non-face-to-face adult content and services. These merchants must have

written agreements with any third-party content providers that explicitly prohibit illegal

or Standards-violative activities. Such agreements must ensure content providers obtain

and retain recorded consent from all persons depicted for distribution and download,

verify age and identity through government-issued identification, and enable Halyard Pay to

access supporting documents upon request.

Content from verified providers must undergo review prior to publication to prevent

illegal or non-compliant materials. For live streaming services, Halyard Pay requires platforms

allowing real-time monitoring and content removal capabilities.

Adult content merchants must not market or tag content in a way that suggests child

exploitation or non-consensual acts, and maintain a complaint process to address and

resolve reports of illegal or Standards-violative content.

Note: Mastercard's SPME has removed specific MCC and Transaction Category Code (TCC)

requirements and the registration requirement for non-face-to-face adult content

transactions as outlined previously in section 9.4.1. Halyard Pay's content moderation

focuses on merchant content evaluation and remediation rather than transaction coding

and registration of adult content merchants.

Source authority: Mastercard SPME ~~§10.5.~~§§9.3, 10.5.

policies/content_moderation/policy.md — after applying change

Content Moderation (BRAM Brand Integrity)

Mastercard's Business Risk Assessment and Mitigation (BRAM) program includes specific

brand-integrity provisions that prohibit acquirers from processing transactions for

merchants engaged in activities that violate Mastercard's acceptable use standards.

Halyard Pay monitors merchant storefront content and transaction data to identify prohibited

content, including adult content, and takes action to enforce compliance.

Prohibited categories

Merchants found to be selling or facilitating counterfeit goods, illegal drugs, adult

content that violates applicable law, goods or services that infringe intellectual

property rights, or gambling services in jurisdictions where such services are

restricted are subject to immediate review and, ~~and~~ if confirmed, merchant suspension.

Required actions

Review merchant storefront content on a weekly cadence using automated scanning

combined with periodic manual sampling.

Flag any merchant whose content matches a prohibited category for human review

within one business day.

Suspend the merchant's processing privileges pending investigation if prohibited

content is confirmed.

Document all findings and remediation actions in the BRAM case file.

## Additional Controls for Adult Content Merchants

In alignment with Mastercard SPME §9.3, Halyard Pay enforces additional controls for merchants

providing non-face-to-face adult content and services. These merchants must have

written agreements with any third-party content providers that explicitly prohibit illegal

or Standards-violative activities. Such agreements must ensure content providers obtain

and retain recorded consent from all persons depicted for distribution and download,

verify age and identity through government-issued identification, and enable Halyard Pay to

access supporting documents upon request.

Content from verified providers must undergo review prior to publication to prevent

illegal or non-compliant materials. For live streaming services, Halyard Pay requires platforms

allowing real-time monitoring and content removal capabilities.

Adult content merchants must not market or tag content in a way that suggests child

exploitation or non-consensual acts, and maintain a complaint process to address and

resolve reports of illegal or Standards-violative content.

Note: Mastercard's SPME has removed specific MCC and Transaction Category Code (TCC)

requirements and the registration requirement for non-face-to-face adult content

transactions as outlined previously in section 9.4.1. Halyard Pay's content moderation

focuses on merchant content evaluation and remediation rather than transaction coding

and registration of adult content merchants.

Source authority: Mastercard SPME ~~§10.5.~~§§9.3, 10.5.

Source authority: Mastercard SPME §9.3.

--- a/policies/content_moderation/rules.yaml
+++ b/policies/content_moderation/rules.yaml
@@ -1,5 +1,5 @@
 program: Content Moderation (BRAM)
-authority: Mastercard SPME §10.5
+authority: Mastercard SPME 9.3
 prohibited_categories:
   - counterfeit_goods
   - illegal_drugs
@@ -12,5 +12,8 @@
 case_documentation_required: true
 agent_owner: content_mod_agent
 
-# Removed specific references to non-face-to-face adult content transaction identification by MCC/TCC and Merchant registration requirements, reflecting Mastercard SPME §9.4.1 update which eliminates these obligations for Acquirers.
-# Policy focuses on broader content moderation enforcement consistent with active SPME sections.+# Updated to reflect Mastercard SPME 9.3 revisions requiring registration of adult content merchants,
+# mandatory written agreements with content providers prohibiting illegal content and requiring consent,
+# identity and age verification processes for content providers and persons depicted in content,
+# mandatory pre-publication content review, real-time monitoring of streaming platforms,
+# and support for complaint processes to address illegal or Standards-violating content.
--- a/policies/content_moderation/policy.md
+++ b/policies/content_moderation/policy.md
@@ -11,7 +11,7 @@
 Merchants found to be selling or facilitating counterfeit goods, illegal drugs, adult
 content that violates applicable law, goods or services that infringe intellectual
 property rights, or gambling services in jurisdictions where such services are
-restricted are subject to immediate review and, and if confirmed, merchant suspension.
+restricted are subject to immediate review and, if confirmed, merchant suspension.
 
 ## Required actions
 
@@ -23,10 +23,28 @@
    content is confirmed.
 4. Document all findings and remediation actions in the BRAM case file.
 
+## Additional Controls for Adult Content Merchants
+
+In alignment with Mastercard SPME §9.3, Halyard Pay enforces additional controls for merchants
+providing non-face-to-face adult content and services. These merchants must have
+written agreements with any third-party content providers that explicitly prohibit illegal
+or Standards-violative activities. Such agreements must ensure content providers obtain
+and retain recorded consent from all persons depicted for distribution and download,
+verify age and identity through government-issued identification, and enable Halyard Pay to
+access supporting documents upon request.
+
+Content from verified providers must undergo review prior to publication to prevent
+illegal or non-compliant materials. For live streaming services, Halyard Pay requires platforms
+allowing real-time monitoring and content removal capabilities.
+
+Adult content merchants must not market or tag content in a way that suggests child
+exploitation or non-consensual acts, and maintain a complaint process to address and
+resolve reports of illegal or Standards-violative content.
+
 Note: Mastercard's SPME has removed specific MCC and Transaction Category Code (TCC)
 requirements and the registration requirement for non-face-to-face adult content
 transactions as outlined previously in section 9.4.1. Halyard Pay's content moderation
 focuses on merchant content evaluation and remediation rather than transaction coding
 and registration of adult content merchants.
 
-Source authority: Mastercard SPME §10.5.+Source authority: Mastercard SPME §§9.3, 10.5.