ii. Associates Program Policies
Associates Program Policies
These
Associates Program policies (“Program Policies”) are
incorporated by reference in the Associates ProgramOperating Agreement, and capitalized terms used in these Program
Policies and not otherwise defined here will have the definitions provided in
the Agreement. The rights and obligations of the parties under Sections 3 and 6
of the Associates Program Participation Requirements, Section 3 of the
Associates Program IP License and Section 4(d) and 5 of the Associates Program
Local Associates Policy will survive the termination of the Agreement. For the
avoidance of doubt and without limitation for purposes of Section 6(a) of the
Agreement, any violation of the Associates Program Participation Requirements,
the Associates Program IP License, Section 1 of the Amazon Influencer Program
Policy or Section 3 of the Associates Program Local Associates Policy will be
deemed a material breach of the Agreement.
Associates Program Fee
Statement (“Fee Statement”)
1. Qualifying Purchases and Qualifying Revenue
We will
pay Standard Program Fees described in Section 3 of this Fee Statement in
connection with “Qualifying Purchases”, which (subject to
the exclusions described in this Fee Statement) occur when:
(a) a
customer clicks through a Special Link on your Site to an Amazon Site; and
(b)
during a single session, which is measured as beginning when a customer clicks
through that Special Link and ending upon the first to occur of the following:
(x) 24 hours elapse from that click, (y) the customer places an order for a
Product, other than a digital product (as determined in our sole discretion;
for example, an Amazon software download or items sold under the name “Amazon
Music,” “Amazon Shorts”, “eDocs”, “Amazon Prime Video”, “Game Downloads”,
“Amazon Coin”, “Kindle Books”, “Kindle Newspapers”, “Kindle Blogs”, “Kindle
Newsfeeds”, or “Kindle Magazines”) (a “Digital Product”), or
(z) the customer clicks through a Special Link to an Amazon Site that is not
your Special Link (a “Session”), any of the
following happens:
i. the
customer purchases a Product via our 1-Click feature, or
ii. the
customer purchases a Product by adding a Product to his or her shopping cart
and completing the order for that Product no later than 89 days after their
initial click-through of the Special Link, or
iii.
with respect to Digital Products, the customer purchases such a Product by
streaming or downloading it from an Amazon Site; and
(c) the
Product is shipped to, streamed or downloaded by, and paid for by the customer.
For
each Qualifying Purchase, the corresponding “Qualifying Revenue” is
equal to the amount we actually receive from that Qualifying Purchase, less any
shipping charges, gift-wrapping fees, handling fees, taxes (e.g. sales tax and
VAT), service charges, credits, rebates, credit card processing fees, and bad
debt.
2. Disqualified
Purchases
Notwithstanding
the foregoing, Qualifying Purchases are disqualified whenever they occur in
connection with a violation of this Associates Program Fee Statement or any
other terms, conditions, specifications, statements, and policies that we may
issue from time to time that apply to the Associates Program, including the
most up-to-date version of the Agreement (collectively, the “Program
Documents”).
Further,
the following purchases that would otherwise be Qualified Purchases are
disqualified and excluded from the Associates Program:
(a) any
Product purchased after termination of your Agreement,
(b) any
Product order where a cancellation, return, or refund has been initiated,
(c) any
Product purchased by a customer who is referred to an Amazon Site through any
advertisement that you purchased through participation in bidding or auctions
on keywords, search terms, or other identifiers that include the word “amazon”,
or “kindle”, or any other Amazon Mark (see a non-exhaustive list of our
trademarks via the links below, or variations or misspellings of any of those
words (e.g., “ammazon”, “amaozn”, and “kindel”)(all, a “Prohibited
Paid Search Placement”),
Location
|
Non-Exhaustive Trademark List
|
United
States
|
(d) any
Product purchased by a customer who is referred to an Amazon Site by a link
that is generated or displayed on a search engine (including Google, Yahoo,
Bing, or any other search portal, sponsored advertising service, or other
search or referral service, or any site that participates in such search
engine’s network) (a “Search Engine”),
(e) any
Product purchased by a customer who is referred to an Amazon Site by a link
that sends users indirectly to an Amazon Site via an intermediate site, without
requiring the customer to click on a link or take some other affirmative action
on that intermediate site (a “Redirecting Link”),
(f) any
Product purchased by a customer, where such customer does not comply with the
terms and conditions applicable to an Amazon Site,
(g) any
Product purchase that is not correctly tracked or reported because the links
from your site to the relevant Amazon Site are not properly formatted,
(h) any
Product purchased through a Special Link in a Mobile Application that was not
an Approved Mobile Application or where the Special Link in an Approved Mobile
Application was not served by PA API (as defined below under the IP License) or
other linking tools that we make available to you,
(i) any
Product subject to a Bounty Event (as defined in Section 4(a) of this Fee
Statement, with the corresponding related Special Program Fee), and
(j) any
Product purchased as a subscription unless otherwise provided in the Agreement.
3. Standard
Program Fees
Subject
to the limitations described in this Fee Statement and compliance with the Agreement,
we will pay you standard fees described in the Appendix (”Standard Program Fees”).
Fees are calculated as a percentage of Qualifying Revenue.
4. Special
Program Fees or Promotions
From
time to time, we may run general special programs or promotions that may
provide all or some Associates the opportunity to earn additional or
alternative fees (“Special Program Fees”).
For the avoidance of doubt (and notwithstanding any time period described in
this section), Amazon reserves the right to discontinue or modify all or part
of any special program or promotion at any time. Unless stated otherwise, all
such special programs or promotions (even those which do not involve purchases
of Products) are subject to disqualifying exclusions substantially similar to
those identified in Section 2 of this Fee Statement, and any restriction under
the Program Documents applicable to a Product purchase will also apply on a
substantially similar basis as restrictions for special programs or promotions.
The
following Special Program Fees are currently available:
(a) Bounty
Events
Bounty
Events are available in select countries as referenced in the Appendix (“Special Program Fees”).
You will earn Special Program Fees described in this Section 4(a) in connection
with “Bounty
Events” which occur when (1) a customer, who must be eligible
for the Bounty Event as described in the Appendix,
clicks through a Special Link on your Site to a bounty-specific homepage on an
Amazon Site, and (2) during the resulting Session the customer completes the
bounty action described in the Appendix.
Amazon
will not pay Special Program Fees where a Bounty Event has been disqualified
due to a violation or other abuse (for example, registrations made using
invalid email addresses, use of bots or automated software, multiple Bounty
Events by a single person, repetitive Bounty Events, and Bounty Events that do
not result from Special Links on your Site). Amazon will determine in its sole
discretion, in each case, whether a Bounty Event has occurred or if there has
been a violation or abuse.
Special Links to the
bounty-specific homepages listed in the Appendix are permitted in connection with the
corresponding bounty, notwithstanding the Associates ProgramParticipation Requirements.
(b) Trade-In Program
Amazon’s
trade-in program allows customers to trade-in eligible Products in exchange for
Amazon gift cards. This program is available in select countries as stated in
the Appendix (“Special Program Fees”).
You
will earn the Special Program Fee Rates described in this Section 4(b) in
connection with “Trade-In Events” which occur when (1) a customer clicks
through a Special Link on your Site to an Amazon Site and (2) during the
resulting Session the customer adds a product to his or her trade-in shopping
cart and then submits a trade-in request that Amazon accepts.
Amazon
will determine in its sole discretion, in each case, whether a Trade-In Event
has occurred or has been disqualified due to violation of the Program Documents
or the Amazon Trade-In Program Terms and Conditions.
5. Program
Fee Limitations
From
time to time, we may impose limits on Associates’ opportunity to earn Standard
Program Fees or Special Program Fees. For the avoidance of doubt (and
notwithstanding any time period), Amazon reserves the right to discontinue or
modify all or part of any limitation at any time. For Program Fee Limitations,
please see the Appendix (“Program Fee Limitations”).
6. Program
Fee Reporting and Payment
We will
use commercially reasonable efforts to accurately and comprehensively track
Qualifying Purchases for the purposes of our internal tracking, and creating
and distributing to you our reports summarizing Standard Program Fees and
Special Program Fees earned by you during that month.
We will
pay Standard Program Fees and Special Program Fees in the default currency for
an Amazon Site approximately 60 days following the end of each calendar month
in which they were earned by the method described below that you have selected.
You may be permitted to elect to receive payment in a currency other than the
default currency for an Amazon Site. If you choose to do so, you agree that the
conversion rate will be determined in accordance with Amazon’s operating
standards.
Option 1: Payment by Direct Deposit. We will
directly deposit the fees you earn into the bank account you designate once you
have provided us with the name of your bank, the account number, the name of
the primary account holder as it appears on the account, and other requested
identifying information (such as the ABA, IBAN or BIC number, if applicable).
If you select this option, we reserve the right to hold fees until the total
amount due to you reaches the minimum stated in the Payment Minimum Chart.
Option 2: Payment by Amazon Gift Card. We will
send you gift cards in the amount of the fees you earn to the primary email
address on your Associates account. These gift cards are redeemable for
products on the Amazon Site the fees were earned on and are subject to our
then-current gift card terms and conditions. If you select this option, we
reserve the right to hold fees until the total amount due to reaches the
minimum stated in the Payment
Minimum Chart.
Option 3: Payment by Check. We will send you a
check in the amount of the fees you earn once you have provided us with a
physical address. If you select this option, we reserve the right to hold fees
until the total amount due to you reaches the minimum stated in the Payment Minimum Chart and to deduct a processing fee as
stated in the Payment
Minimum Chart from
each check we send to you.
If you
do not select or maintain valid information for a payment option, we may at our
discretion pay you through another payment option or hold earned fees until you
make your selection or provide such information.
Payment Minimum Chart
U.S.
|
|
Option 1 (Deposit)
|
10
USD
|
Option 2 (Gift Card)
|
10
USD
|
Option 3 (Check)
|
100
USD
|
Check Processing Fee
|
15
USD
|
If at any time there has been no substantial activity on your
account for at least 3 years, then we will have the right, with 7 days’ written
notice to withhold the accrued fees for your inactive account, up to a maximum
closure withholding of an amount equal to the minimum amount listed in the
Payment Minimum Chart for payment by gift card. Further, any unpaid accrued
fees in your account may be subject to escheatment under applicable law or
become extinct by applicable statute of limitation.
Payments made to you, as reduced by all deductions or
withholdings described in the Agreement, will constitute full payment and
settlement to you of amounts payable under the Agreement.
If any excess payment has been made to you for any reason
whatsoever, we reserve the right to adjust or offset the same against any
subsequent fees payable to you under the Agreement.
Associates Program
Participation Requirements (“Participation Requirements”)
1. Enrollment and Eligibility
To begin the enrollment process, you must submit a complete and
accurate Associates Program application. Your Site(s) must contain original
content and be publicly available via the website address provided in the
application. You must identify your Site(s) in your application. We will
evaluate your application and notify you of its acceptance or rejection. Your
Site will not be eligible for inclusion in the Associates Program, and you
cannot include any Special Links or Product Advertising Content on it, if your
Site is unsuitable. Unsuitable Sites include those that:
(a) promote or contain sexually explicit or obscene materials,
(b) promote violence or contain violent materials,
(c) promote or contain false, deceptive, libelous or defamatory
materials,
(d) promote or contain materials or activity that is hateful,
harassing, harmful, invasive of another’s privacy, abusive, or discriminatory
(including on the basis of race, color, sex, religion, nationality, disability,
sexual orientation, or age),
(e) promote or undertake illegal activities,
(f) are directed toward children or knowingly collect, use, or
disclose personal information from children under 13 years of age or other
applicable age threshold (as defined by applicable laws and regulations); or
violate any applicable laws, ordinances, rules, regulations, orders, licenses,
permits, guidelines, codes of practice, industry standards, self-regulatory
rules, judgments, decisions, or other requirements of any applicable
governmental authority related to child protection (for example, if applicable,
the Children’s Online Privacy Protection Act (15 U.S.C. §§ 6501-6506) or any
regulations promulgated thereunder or the Children’s Online Protection Act);
(g) include any trademark of Amazon or its affiliates, or a
variant or misspelling of a trademark of Amazon or its affiliates in any domain
name, subdomain name, in any “tag” or Associates ID, or in any username, group
name, or other identifier on any social networking site (see a non-exhaustive
list of our trademarks listed on our Non-Exhaustive Trademark Table); or
(h) otherwise violate any intellectual property rights.
We will determine suitability at our sole discretion. If we
reject your application due to unsuitable content, you may reapply at any time
once you have complied with our suitability requirements. However, if at any
time we 1) reject your application for any other reason or 2) terminate your
account in connection with any violation or abuse (as determined in our sole
discretion), you cannot attempt to re-join the Associates Program without our
advance authorization. Advance authorization may be initiated by completing the
Contact Associates Customer Service form available here.
You will ensure that the information in your Associates Program
application and information otherwise associated with your account on the
Associates Site, including your email address, other contact information, and
identification of your Site, is at all times complete, accurate, and
up-to-date. We may send notifications (if any), approvals (if any), and other
communications relating to the Associates Program and the Agreement to the
email address then-currently associated with your Program account. You will be
deemed to have received all notifications, approvals, and other communications
sent to that email address, even if the email address associated with your
account is no longer current.
If you are a non-US person participating in the Associates
Program, you agree that unless you have otherwise notified us in your tax
information you will perform all services under the Agreement outside the
United States.
The Associates Program is free to join, and we provide resources
on the Associates Site to help Associates succeed with the program. We have
never authorized any business to provide paid set-up or consulting services to
our associates, so please be wary if any business like that (even one
attempting to appropriate the Amazon name) reaches out to offer you costly
services.
2. Links on Your Site
(a) Special Links
After you have applied to the Associates Program, you are
permitted to display Special Links on your Site. Special Links enable accurate
tracking, reporting, and accrual of fees.
Special Links must use the Associates ID we have assigned to
you.
(b) General Requirements Applicable to All
Special Links
Special Links may be created by you or made available to you by
us. If we inform you that your Site does not qualify to use certain types of
links, you must cease displaying those types of links on your Site. You are
solely responsible for the content, style, and placement of each link that you
place on your Site and for ensuring that Special Links (whether created by you
or made available to you by us) include the appropriate formatting necessary
for us to properly track referrals of our customers from your Site. You must
not encourage customers to bookmark your Special Links. All Special Links must
be accessed directly from your Site. For example, you must include your
Associates ID or “tag” (appearing as XXXXX-20, or such other format as we may
designate) as a parameter in the URL of each link you place on your Site to an
Amazon Site.
Upon your request but subject to our approval, we may issue you
additional “sub-tag” Associate IDs that permit you to monitor and optimize the
performance of your Special Links by including different sub-tags in the URLs
of different Special Links. Under no circumstances may you associate any
sub-tag with a specific end user of your Site (e.g., you may not dynamically
assign sub-tags to users as they arrive on your Site for purposes of monitoring
such users’ behavior).
You may add or delete Products (and related Special Links) from
your Site at any time without our approval. Special Links must link to Products
(as defined in the Products Statement). When linking to pages with Product
lists you must have additional original content on your Site that is relevant
to the Special Link. Product lists include search results, events (e.g. Prime
Day), or a department homepage (e.g. grocery).
You must remove from your Site any links and related references
to limited time promotions as soon as that promotion on the relevant Amazon
Site ends. For example, if you include links to Products in the apparel
category of an Amazon Site and mention that there is 15% off select products in
Amazon’s apparel category, you must remove the mention of the 15% discount from
your Site as soon as the promotion ends.
You must not make inaccurate, overbroad, deceptive or otherwise
misleading claims about any Product, an Amazon Site, or any of our policies,
promotions, or prices. For example, if you include on your Site a link to a 64
GB smartphone sold on an Amazon Site, you may not state that you are linking to
a smartphone that has 128 GB of memory.
Product prices and availability may vary from time to time.
Because prices for and availability of Products that you have listed on your
Site may change, your Site may only show prices and availability if: (a) we serve
the link in which that price and availability data are displayed, or (b) you
obtain Product pricing and availability data via PA API and you comply with the
requirements regarding use of PA API in the License.
In addition, if you choose to display prices for any Product on
your Site in any “comparison” format (including through the use of any
price-comparison tool or engine) together with prices for the same or similar
products offered through any web site or other means other than an Amazon Site,
you must display both the lowest “new” price and, if we provide it to you, the
lowest “used” price at which the Product is available on the Amazon Site.
If Amazon Spark is available on an Amazon Site, you must not
post any Special Links on Amazon Spark or link to any page on your Site from
Amazon Spark if that page contains any Special Link.
(c) Requirements Applicable to Specific
Link Types We Make Available to You
Links thatDynamically Generate Products: Certain
types of links that we may make available to you dynamically generate
particular Products to display based on a contextual analysis of the page on
which they appear. Amazon will crawl or otherwise monitor your Site and store
gathered content to implement these types of links and to improve dynamic
generation and the Associates Program. If you implement mechanisms that prevent
us from crawling or otherwise monitoring your Site, you agree that these types
of links may not function properly, and you will be solely responsible for any
such malfunction.
3. Responsibility for Your Site
You will be solely responsible for your Site, including its
development, operation, and maintenance and all materials that appear on or
within it. For example, you will be solely responsible for:
(a) the technical operation of your Site and all related
equipment,
(b) displaying Special Links and Program Content on your Site in
compliance with the Agreement,
all applicable laws, ordinances, rules, regulations, orders, licenses, permits,
guidelines, codes of practice, industry standards, self-regulatory rules,
judgments, decisions, or other requirements of any applicable governmental
authority, including those related to disclosures (for example, if applicable,
the U.S. FTC Guides Concerning the Use of Endorsement and Testimonials in
Advertising) and electronic marketing, data protection and privacy (for
example, if applicable, the Directive 2002/58/EC (Privacy and Electronic
Communications Directive), and the General Data Protection Regulation (GDPR)
(EU) 2016/679), and any agreement between you and any other person or entity
(including any restrictions or requirements placed on you by any person or
entity that hosts your Site),
(c) creating and posting, and ensuring the accuracy,
completeness, and appropriateness of, materials posted on your Site (including
all Product descriptions and other Product-related materials and any
information you include within or associate with Special Links),
(d) using the Program Content, your Site, and the materials on
or within your Site in a manner that does not infringe, violate, or
misappropriate any of our rights or those of any other person or entity
(including copyrights, trademarks, privacy, publicity, or other intellectual
property or proprietary rights),
(e) disclosing on your Site accurately and adequately, either
through a privacy policy or otherwise, how you collect, use, store, and
disclose data collected from visitors, including, where applicable, that third
parties (including us and other advertisers) may serve content and
advertisements, collect information directly from visitors, and place or
recognize cookies on visitors’ browsers, and providing information on the
visitor’s choices with respect to opting-out from online advertising where
required by applicable law, and
(f) any use that you make of the Program Content, and the Amazon
Marks, whether or not permitted under the Agreement.
4. Promotional Limitations
You will not engage in any promotional, marketing, or other
advertising activities on behalf of us or our affiliates, or in connection with
an Amazon Site or the Associates Program, that are not expressly permitted
under the Agreement.
You will not engage in any promotional, marketing, or other advertising
activities in any offline manner, including by using any of our or our
affiliates’ trademarks or logos (including any Amazon Mark), any Program
Content, or any Special Link in connection with email, offline promotion or in
any offline manner (e.g., in any printed material, ebook, mailing, or
attachment to email, or other document, or any oral solicitation).
5. Distribution of Special Links Through
Software and Devices
Except as agreed between you and us in a separate written
agreement referencing this Section 5, you will not use any Program Content or
Special Link, or otherwise link to an Amazon Site, on or in connection with:
(a) any client-side software application (e.g., a browser plug-in, helper
object, toolbar, extension, component, or any other application executable or
installable by an end user) on any device, including computers, mobile phones,
tablets, or other handheld devices (other than Approved Mobile Applications);
or (b) any television set-top box (e.g., digital video recorders, cable or
satellite boxes, streaming video players, blu-ray players, or dvd players) or
Internet-enabled television (e.g., GoogleTV, Sony Bravia, Panasonic Viera Cast,
or Vizio Internet Apps).
6. Content on your Site
You will be solely responsible for the content on your Site and
ensure:
(a) You will not add to, delete from, or otherwise alter any
Program Content in any way, including by adding additional information, except
that you may resize Program Content consisting of a graphic image in a manner
that maintains the original proportions of the image or truncate Program
Content consisting of text in a manner that does not materially alter the
meaning of the text or cause the text to become factually incorrect, or
misleading. Some types of links that we may make available to you may contain a
link to an informational page on an Amazon Site that is not formatted as a
Special Link (for example, links to privacy policy information at the bottom of
banners); without limiting the generality of the foregoing, you will not
remove, obscure, or alter, or make invisible, illegible, or indecipherable to
visitors of your Site, any “Privacy Information” link.
(b) You will not sell, resell, redistribute, sublicense, or
transfer any Program Content or any application that uses, incorporates, or
displays any Program Content, PA API, or Data Feeds. For example, you will not
use, or enable, or facilitate the use of Program Content on or within any
application, platform, site, or service (including social networking sites)
that requires you to sublicense or otherwise give any rights in or to any
Program Content to any other person or entity, nor will you create links
formatted with your Associates tag for, or display such links on, a site that
is not your Site.
(c) You will promptly remove from your Site and delete or
otherwise destroy any Program Content that is no longer displayed on an Amazon
Site or that we notify you is no longer available for your use.
(d) You will not use any Program Content, including any name or
likeness embodied in that Program Content, in a manner that implies a person’s
or company’s endorsement or sponsorship of, or commercial tie-in or other
association with, any product, service, party, or cause (including by placing
unrelated third party materials in close proximity to Program Content).
(e)You will not (and you will not seek to) purchase, register or
otherwise use any Amazon Mark (as defined in the Trademark Guidelines)
or variations or misspellings of any of those words (e.g., “ammazon,” “amaozn,”
and “kindel,”) for use in any Search Engine . In addition to any other rights
or remedies available to us, upon our request you will cause any Search Engine
designated by us to exclude Proprietary Terms (defined below) from keywords
used to display your advertising content in association with search results
(e.g., request exclusion by negative keyword bidding), assuming the Search
Engine offers such exclusion capabilities.
(f)You will not bid on or purchase keywords, search terms, or
other identifiers, including the word “amazon,” Kindle,” or any other trademark
of Amazon or its affiliates or variations or misspellings of any of these words
(“Proprietary Terms” and you can see a non-exhaustive list of our trademarks in
the Non-Exhaustive Trademarks Table) or otherwise participate in keyword
auctions on any Search Engine if the resulting paid search advertisement is a
Prohibited Paid Search Placement (as defined in the Fee Statement).
You may purchase paid search advertisements and submit links to Search Engines
to appear in response to a general Internet search query or keyword (i.e., in
natural, free, organic, or unpaid search results), so long as you comply with
the Agreement and those paid or unpaid search
results send users to your site and not directly, or indirectly via a
Redirecting Link (as defined in the Fee Statement),
to an Amazon Site.
(g) You will not offer any person or entity any consideration,
reward, or incentive (including any money, rebate, discount, points, donation
to charity or other organization, or other benefit) for using Special Links.
For example, you cannot implement any “rewards” or loyalty program that
incentivizes persons or entities to visit an Amazon Site via your Special
Links.
(h) You will not intercept, record, redirect, read, interpret,
or fill in the contents of any electronic form or other material submitted to
us by any person or entity.
(i) You will not request, collect, obtain, store, cache, or
otherwise use any account information used by our customers in connection with
any Amazon Site (including any usernames or passwords of Amazon Site
customers).
(j) You will not modify, redirect, suppress, or substitute the
operation of any button, link, or other feature of an Amazon Site.
(k) You will not make any orders or engage in other transactions
of any kind on an Amazon Site on behalf of any other person or entity, or
authorize, assist, or encourage any other person or entity to do so.
(l) You will not take any action that could reasonably cause any
customer confusion as to our relationship with you, or as to the site on which
any functions or transactions (for example, search, browse, or order) are
occurring.
(m) You will not include on your Site, display, or otherwise use
Special Links or Program Content in connection with, any spyware, malware,
virus, worm, Trojan horse, or other malicious or harmful code, or any software
application not expressly and knowingly authorized by users prior to being
downloaded or installed on their computer or other electronic device.
(n) You will not frame an Amazon Site, or any part of it, within
your Site, including by display within an integrated web browser (e.g.,
WebView) within a Mobile Application. However, displaying a Special Link on
your Site in accordance with Section 2 of these Participation Requirements,
will not be a violation of this section.
(o) You will not post or serve any Special Links or other
content promoting an Amazon Site within any pop-up or pop-under windows,
transitional page ads, or layer ads, except for pop-up windows in conjunction
with your Site promoting Products closely associated with the materials on your
Site.
(p) You will not include any Special Links in any content that
you place on an Amazon Site (for example, in connection with any advertising
service available through an Amazon Site or in a customer review, forum, Wish
List, guide, or any other customer-generated context available on an Amazon
Site).
(q) You will not attempt to circumvent the Fee Statement or artificially increase your fees.
For example, you cannot cause any page of an Amazon Site to open in a
customer’s browser other than as a result of the customer clicking on a Special
Link on your Site.
(r) You will not attempt to intercept or redirect (including via
software installed on users’ computers) traffic from or on, or divert fees
from, any site that participates in the Associates Program.
(s) You will not artificially generate clicks or impressions on
your Site or create Sessions on an Amazon Site, whether by way of a robot or
software program or otherwise.
(t) You will not display or otherwise use any of our customer
reviews or star ratings, in part or in whole, on your Site unless you have
obtained a link to that customer review or star rating through PA API and you
comply with the requirements for PA API described in the License.
(u) You will not directly or indirectly purchase any Product(s)
or take a Bounty Event action through Special Links, whether for your use or
for the use of any other person or entity, and you will not permit, request or
encourage any of your friends, relatives, employees, contractors, or business
relations to directly or indirectly purchase any Product(s) or take a Bounty
Event action through Special Links, whether for their use, your use or the use
of any other person or entity. Further, you will not purchase any Product(s)
through Special Links or take a Bounty Event action for resale or commercial
use (of any kind) or offer any Products on your Site for resale or commercial
use of any kind.
(v) You will not cloak, hide, spoof, or otherwise obscure the
URL of your Site containing Special Links (including by use of Redirecting
Links) or the user agent of the application in which Program Content is
displayed or used such that we cannot reasonably determine the site or
application from which a customer clicks through such Special Link to an Amazon
Site.
(w) You will not use a link shortening service, button,
hyperlink or other ad placement in a manner that makes it unclear that you are
linking to an Amazon Site.
(x) Upon our request, you will provide us with written
certification that you have complied with the Agreement (generally or
specifically with respect to any provision of the Agreement, including the
Program Policies). Any failure to provide the certification in accordance with
our request will constitute a material breach of the Agreement.
(y) Unless otherwise agreed by Amazon, your Site must not have
price tracking and/or price alerting functionality.
(z) You will not display on your Site, or otherwise use, any
Program Content to advertise or promote any products that are offered on any
site that is not an Amazon Site (e.g., products offered by other retailers).
You will not display on your Site or otherwise use any data, images, text, or
other information or content you may obtain from us that relates to Excluded
Products.
Associates Program
Products Statement (“Products Statement”)
1. Products
Under the Associates Program, subject to the additions and
exclusions described in this Products Statement, a “Product” is any physical or
digital item sold on an Amazon Site.
2. Services
No services other than Amazon Home Services are currently
included in Products at this time.
3. Excluded Products
Notwithstanding the above, the following items and services are
currently excluded from the Products included in the Associates Program (“Excluded
Products”):
(a) any product or service sold on a site linked to from an
Amazon Site (for example, a product or service listed through our “Product Ads”
program or sold on a site linked to from a banner ad, sponsored link, or other
link displayed on an Amazon Site),
(b) any alcoholic beverage advertised on your Site if you are a
United States business holding a license to manufacture, wholesale, or
distribute any alcoholic beverages, or if your Site is operating on behalf of,
such a business,
(c) any product or service which has been excluded by a third
party seller or vendor. You will receive an alert if a product or service is
excluded when attempting to link using the tools we make available in
Associates Central.
Associates Program
Mobile Application Policy (“Mobile Application Policy”)
If your Site includes a software application designed and
intended for use on mobile phones, tablets, or other handheld devices (a
“Mobile Application”), your Mobile Application:
(a) must be available in either the Google Play, Apple, or
Amazon app stores,
(b) must be free to download and all Amazon links must be
accessible without paying for access,
(c) must have original content,
(d) must not emulate Amazon’s own shopping app functionality,
and
(e) must not host or render Amazon web pages in WebViews.
We will evaluate your application and notify you of its
acceptance or rejection. A Mobile Application that is accepted will be an
“Approved Mobile Application” for purposes of the Agreement.
Associates Program Trademark Guidelines
(“Trademark Guidelines”)
These Guidelines apply to the use of the marks we may make
available to you as part of Program Content (“Amazon Marks”). Strict compliance
with these Guidelines is required at all times, and any use of the Amazon Marks
in violation of these Guidelines will automatically terminate any license
related to your use of the Amazon Marks.
1. YOU ARE ALLOWED TO USE THE AMAZON MARKS ONLY BY DISPLAY ON
YOUR SITE WITH THE PURPOSE OF ADVERTISING AVAILABILITY OF PRODUCTS ON AN AMAZON
SITE, WITH A CORRESPONDING SPECIAL LINK TO THAT SITE.
2. Your use of the Amazon Marks must (i) comply with the most
up-to-date version of these Guidelines; and (ii) comply with all Program
Documents (as defined in the Fee Statement).
3. You may use the Amazon Marks solely for the purpose
specifically authorized under the Program Documents. You may not use or display
the Marks (i) in any manner that implies sponsorship or endorsement by us; (ii)
to disparage us, our products or services; (iii) in a way that may, at our
discretion, diminish or otherwise damage our goodwill in the Amazon Marks; or
(iv) in offline material or email (e.g., in any printed material, mailing, SMS,
MMS, attachment to email, or other document, or any oral solicitation).
4. We will supply an image or images of the Amazon Marks for you
to use. You may not alter any Amazon Mark in any manner. For example, you
cannot change the proportion, color, or font of any Amazon Mark, or add or
remove any elements from any Amazon Mark.
5. Each Amazon Mark must appear by itself, in its entirety, with
reasonable spacing between each side of the Amazon Mark and other visual,
graphic, or textual elements. Under no circumstance can any Amazon Mark be
placed on any background that interferes with the readability or display of
that Amazon Mark.
6. All rights to the Amazon Marks are our exclusive property,
and all goodwill generated through your use of any Amazon Mark will inure to
our exclusive benefit. You will not take any action that conflicts with our
rights in, or ownership of, any Amazon Mark.
7. You cannot display or otherwise use any trademark or logo of
any third party seller or vendor on an Amazon Site in connection with any
Special Link unless you have obtained from that seller or vendor specific
written authorization to do so.
8. You cannot use or apply to register any trademark that is
confusingly similar to any Amazon mark in any jurisdiction. You cannot use or
apply to register any trademark, domain name, subdomain, username or app name
that is confusingly similar to any Amazon mark in any jurisdiction.
We reserve the right to modify these Trademark Guidelines and
the approved Amazon Marks, at any time and in our sole discretion, by posting a
change notice or revised Trademark Guidelines or approved Amazon Marks on the
Associates Site.
We reserve the right to take appropriate action against any use
without permission or any use that does not conform to these Guidelines, at any
time and in our sole discretion.
Associates Program IP
License (“License”)
This License governs your use of Program Content in connection
with your participation in the Associates Program. By accepting the Agreement,
or by accessing or using the Program Content, including the proprietary
application programming interfaces and other tools (collectively, the “PA API”)
that permit you to access and use certain types of data, images, text, and
other information and content relating to Products (“Product Advertising
Content”) which we may make available to you, you agree to be bound by this
License.
1. Limited License to Program Content
Subject to the terms of the Agreement and solely for the limited purposes of
participation in the Associates Program in strict compliance with the Agreement
(including this License and the other Program Policies), we hereby grant you a
limited, revocable, non-transferable, non-sublicensable, non-exclusive,
royalty-free license to: (a) copy and display Program Content solely on your
Site; (b) use only those of the Amazon Marks (as defined in the Trademark Guidelines)
we make available to you as part of the Program Content, solely on your Site
and in accordance with the Trademark Guidelines,
and (c) access and use PA API, Data Feeds, and Product Advertising Content
solely in accordance with the Specifications and this License.
You will use Program Content solely in accordance with the terms
of the Agreement and within the express scope of the
license granted herein. Without limiting the foregoing, you will (a) use
Program Content solely to send end users and sales to an Amazon Site and will
not link any Program Content to, or in conjunction with any Program Content,
direct traffic to any page of a site other than an Amazon Site (however, parts
of your Site that are not closely associated with the Program Content may
contain links to sites other than an Amazon Site) and (b) link each use of the
Program Content solely to the related Product detail page or other relevant
page of an Amazon Site and not to any other page.
PA API or Data Feeds may allow you to access data, images, text,
and other information and content relating to products offered on one or more
affiliate sites. If you use PA API or Data Feeds to access or use any such
data, images, text, or other information or content, you agree to comply with
and be bound by the terms of the applicable license agreement for PA API or
Data Feeds (or equivalent service) providing Product Advertising Content from
such affiliate sites.
The License will immediately and automatically terminate if at
any time you do not timely comply with any obligation under the Program
Documents (as defined in the Fee Schedule), or otherwise upon termination of
this Agreement. In addition, we may terminate the License in whole or in part
upon written notice to you. You will promptly stop using the Program Content
(including PA API and Data Feeds) and promptly remove from your Site and delete
or otherwise destroy all of the Program Content and Amazon Marks with respect
to which the License is terminated or as we may otherwise request from time to
time.
2. PA API Usage Requirements
(a) Description.
Under this License, we may make available to you Program Content including the
following:
• Data, images, audio, video, logos, user interface designs, and
other creative designs; and
• Textual materials, such as textual Product information.
In addition to the foregoing Product Advertising Content and
access to PA API, we may make available from time to time for use in connection
with PA API sample source code and libraries, each of which will be made
available to you under a separate license that accompanies each sample source
code or library, as applicable. In connection with PA API, we may also make
available specifications, user manuals, guides, supporting materials, and other
information, regardless of format, describing the operational and functional
capabilities, use limitations, technical and engineering requirements, and
testing and performance criteria relevant to the proper use of PA API
(collectively, “Specifications”). “Product Advertising
Content,” as used in this License Agreement, specifically excludes any sample
source code or libraries we make available to you under a separate license and
any Specifications that we make available. It also specifically excludes any
data, images, text, or other information or content relating to products
offered on any site other than an Amazon Site.
(b) Obtaining Product Advertising Content. You may obtain Product
Advertising Content by making calls to PA API. If we provide express prior
written approval, you may also obtain Product Advertising Content through a
data feed (“Data Feeds”) that we make available via file transfer protocol. If
you obtain Product Advertising Content through Data Feeds, your access to and
use of Data Feeds is subject to this License. You acknowledge that we may
change, deprecate, or republish PA API or Data Feeds, or any features of PA API
or Data Feeds, at any time and from time to time, and you agree that it is your
responsibility to ensure that your access to and use of PA API or Data Feeds is
compatible with the then-current requirements (including this License and all
Program Policies).
You must use both a unique public key/private key pair (each key
pair, an “Account Identifier”) and an Associates tag parameter (which can be
either the Associate ID issued to you under the Amazon Associates Program or a
related Associates Program tracking ID) to identify your account and make calls
to PA API. You may obtain your Account Identifiers through PA API account
creation process.
If you obtain Product Advertising Content through a Data Feed,
you must use a unique username/ password combination to access the Data Feeds
(“Data Feed Access ID”). You must obtain your Data Feed Access ID as part of
the Data Feeds approval process.
We may change your Account Identifiers or Data Feed Access ID
from time to time. An Account Identifier that is a private key or a Data Feed
Access ID that is a password is for your personal use only, and you must
maintain its secrecy and security. You may not sell, transfer, sublicense, or
otherwise disclose your private key or password to any other person or entity.
An Account Identifier that is a public key or a Data Feed Access ID that is a
username is not secret.
You are responsible for all activities that occur under your
Account Identifiers and/or Data Feed Access ID, as applicable, regardless of
whether those activities are undertaken by you or any other person or entity.
Therefore, you should contact us immediately if you believe that someone other
than you may be using your private key or password, or if your private key or
password is otherwise disclosed, lost, or stolen. You may not use any Associates
tag parameter, Account Identifier, or Data Feed Access ID assigned to anyone
other than you or that we did not specifically assign to you.
(c) Usage
Requirements. By making calls to PA API, accessing the Data
Feeds, or using Product Advertising Content, you agree to comply with the
following requirements:
i. You will use Product Advertising Content only in a lawful
manner in accordance with and within the express scope of the terms of this
License. You will not use PA API, Data Feeds, or Product Advertising Content
with any site or application, or in any other manner, that does not have the
principal purpose of advertising and marketing an Amazon Site and driving sales
of products and services on an Amazon Site.
ii. You will comply with all pages, schedules, policies,
guidelines, and other documents and materials, including all Specifications,
referenced in this License and the Program Policies.
iii. You will link each use of Product Advertising Content to,
and only to, the relevant page of an Amazon Site (for example, the relevant
Product detail page or other page to which particular Product Advertising
Content most directly relates), and you will not link any Product Advertising
Content to, or in conjunction with any Product Advertising Content direct
traffic to, any page of a site other than an Amazon Site (however, parts of
your application that are not closely associated with Product Advertising
Content may contain links to sites other than an Amazon Site).
(d) You will not, without our express prior written approval,
use any Product Advertising Content on or in connection with any site or
application designed or intended for use with a mobile phone or other handheld
device. This Prohibition will not apply to (1) any site that is not designed or
intended for use with such devices but that may be accessible by such devices,
such as a non-mobile-optimized site accessed via an internet browser on a
tablet device; (2) an Approved Mobile Application as defined in the ParticipationRequirements; or (3) any television set-top box (e.g., digital video
recorders, cable or satellite boxes, streaming video players, blu-ray players,
or dvd players) or Internet-enabled television (e.g., GoogleTV, Sony Bravia,
Panasonic Viera Cast, or Vizio Internet Apps).
(e) You will not, without our express prior written approval,
access or use PA API or Data Feeds for the purpose of aggregating, analyzing,
extracting, or repurposing any Product Advertising Content or in connection
with any software or other application intended for use by persons or entities
that offer products on an Amazon Site.
(f) You will not (i) interfere, or attempt to interfere, in any
manner with the functionality or proper working of PA API; (ii) compile or use
Product Advertising Content for the purpose of direct marketing, spamming,
unsolicited contacting of sellers or customers, or other advertising
activities; or (iii) remove, obscure, alter, or make invisible, illegible, or
indecipherable, any notice, including any notice of intellectual property or
proprietary right, appearing on or contained within PA API, Data Feeds, Product
Advertising Content, or Specifications.
(g) You will not, and will not attempt to (i) modify, alter,
tamper with, repair, or otherwise create derivative works of the Specifications
or any software included in Product Advertising Content; or (ii) reverse
engineer, disassemble, decompile (except to the extent such right cannot be
excluded or limited by law and then only when our express permission has been
sought and refused), or otherwise derive any source code of or relating to PA
API, Data Feeds, or any software included in Product Advertising Content.
(h) You will not store or cache Product Advertising Content
consisting of an image, but you may store a link to Product Advertising Content
consisting of an image for up to 24 hours. You may store other Product
Advertising Content that does not consist of images for caching purposes for up
to 24 hours, but if you do so you must immediately thereafter refresh and
re-display the Product Advertising Content by making a call to PA API or
retrieving a new Data Feed and refreshing the Product Advertising Content on
your application immediately thereafter. Unless otherwise notified by us, you
may store individual Amazon Standard Identification Numbers (ASINs) for an
indefinite period until the termination of this License. Notwithstanding the
foregoing, if your application includes a client application, the client application
may not store or cache Product Advertising Content. Upon our request you will,
within three business days of our request, furnish us with a copy of any client
application that includes or uses Product Advertising Content for the purpose
of verifying your compliance with this License.
(i) You will include a date/time stamp adjacent to your display
of pricing or availability information on your application if you obtain
Product Advertising Content from Data Feeds, or if you call PA API or refresh the
Product Advertising Content displayed on your application less frequently than
hourly. However, during the same day on which you requested and refreshed the
pricing and availability information displayed on your application, you may
omit the date portion of the stamp. Examples of acceptable messaging include:
• Amazon.com Price: $ 32.77 (as of
01/07/2008 14:11 PST- Details)
• Amazon.com Price: $ 32.77 (as of
14:11 EST- More info)
Additionally, you must either include the following disclaimer adjacent
to the pricing or availability information or provide it via a hyperlink,
pop-up box, scripted pop-up, or other similar method: "Product prices and
availability are accurate as of the date/time indicated and are subject to
change. Any price and availability information displayed on [relevant Amazon
Site(s), as applicable] at the time of purchase will apply to the purchase of
this product." In the above examples, "Details" and "More
info" would provide a method for the end user to read the disclaimer.
(j) You will not exceed, or if you build and release an
application that calls PA API, each copy of that application that is installed
by an end user will not exceed, any limit on calls per second set forth in any
Specifications (or that we otherwise notify you apply) and you will not send
files to or from PA API that are greater than 40KB without our prior written
approval.
(k) If you display Product Advertising Content consisting of
text on your application, you will include the following disclaimer in plain
view to end users of your application: “CERTAIN CONTENT THAT APPEARS [IN THIS
APPLICATION or ON THIS SITE, as applicable] COMES FROM AMAZON. THIS CONTENT IS
PROVIDED ‘AS IS’ AND IS SUBJECT TO CHANGE OR REMOVAL AT ANY TIME.” You agree to
provide us with any information that we request to verify your compliance with
this License.
3. Reservation of Rights; Your
Submissions
Other than the limited licenses expressly set forth herein, we
reserve all right, title and interest (including all intellectual property and
proprietary rights) in and to, and you do not, by virtue of this License or
otherwise, acquire any ownership interest or rights in or to, the Associates
Program, Special Links, link formats, Program Content, PA API, Data Feeds,
Product Advertising Content, any domain name owned or operated by us,
information and materials on any Amazon Site or the Associates Site, our and
our affiliates’ trademarks and logos (including the Amazon Marks), and any
other intellectual property and technology that we provide or use in connection
with the Associates Program (including any application program interfaces,
software development kits, libraries, sample code, and related materials).
If you provide us with suggestions, reviews, modifications,
data, images, text, or other information relating to any Program Content or in
connection with your participation in the Associates Program, or if you modify
any Program Content in any way (collectively, “Your Submission”), you hereby
irrevocably assign to us all right, title, and interest in and to Your
Submission and grant us (even if you have designated Your Submission as
confidential) a perpetual, paid-up royalty-free, nonexclusive, worldwide,
irrevocable, freely transferable right and license for the maximum duration of protection
available under applicable law to: (a) use, reproduce, perform, display, and
distribute Your Submission in any manner; (b) adapt, modify, re-format, and
create derivative works of Your Submission for any purpose; (c) use and publish
your name in the form of a credit in conjunction with Your Submission (however,
we will not have any obligation to do so); and (d) sublicense the foregoing
rights to any other person or entity. Additionally, you hereby warrant that:
(y) Your Submission is your original work, or you obtained Your Submission in a
lawful manner and (z) our and our sublicensees’ exercise of rights under the
license above will not violate any person’s or entity’s rights, including any
copyright rights. You agree to provide us such assistance as we may require to
document, perfect, or maintain our rights in and to Your Submission.
Amazon Influencer
Program Policy (“Influencer Program Policy”)
The Associates Program “Amazon Influencer Program”
is a country specific program that is available in select countries. You may
earn fees by acting as a social media presence facilitating customer purchases
as part of the Amazon Influencer Program in connection with your participation
in the Associates Program. In order to participate in the Amazon Influencer
Program, an eligible Associate (“Influencer”) must meet
Amazon qualitative and quantitative thresholds, complete the registration
process, and comply with the applicable provisions of the Agreement,
including this Influencer Program Policy.
1. Registration Information; Influencer
Page.
(a) Registration Information. To register as an Influencer, you
must complete all information requirements, including granting requests to
access data regarding your social media presences.
(b) Influencer Page. This Amazon Influencer Program may include
an Amazon Site influencer page registered through Amazon and assigned to you (“Influencer
Page”). With respect to Special Links that direct customers to
your Influencer Page, the related Session will be measured as beginning when
our customer clicks through to your Influencer Page. The Influencer Page is a
“Service Offering” for all purposes under the Agreement. With respect to any
text, pictures, compilations, lists, comments or other data or content you
submit to Amazon in connection with the Amazon Influencer Program (“Influencer
Content”), you will not submit such Influencer Content if it
violates any standard included in Section 1 of the Participation Requirements.
(c) Marketing. Solely with respect to the Amazon Influencer
Program, and notwithstanding anything to the contrary in the Participation
Requirements, you may include Special Links to your Influencer Page in emails;
provided, that such emails are in compliance with the Agreement, the Trademark
Guidelines, and the Amazon Brand Usage Guidelines. Upon our request, you will
provide us with representative sample materials and written certification that
you have complied with the foregoing. We will specify the form of, and content
required in, that certification in any such request. Any failure by you to
provide the certification in accordance with our request will constitute a
material breach of this Influencer Program Policy. For the avoidance of doubt,
(i) for the purposes of applicable marketing laws (for example, if applicable,
the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act of 1991 and any
similar or successor legislation), you are the “Sender” of each email
containing any Special Links, and (ii) you must comply with applicable laws and
marketing industry standards and best practices for all emails relating to the
Amazon Influencer Program. Amazon may revoke the offline marketing permissions
granted in this Section 1 at any time in its sole discretion by providing
written notice to you.
2. Reservation
of Rights; Consent; Indemnification
(a) Reservation of Rights. We reserve all right, title and
interest (including all intellectual property and proprietary rights) in and
to, and you do not, by virtue of the Agreement or otherwise, acquire any
ownership interest or rights in or to, the Influencer Page, the Influencer Page
URL or information and materials on the Influencer Page. You will not take any
action that conflicts with our rights in, or ownership of, the Influencer Page.
Amazon reserves all rights to determine the content, appearance, functionality,
URL, and all other aspects of the Influencer Page, including through the
display of (i) advertising materials on the Influencer Page, without
compensation to Influencer, and (ii) disclosure (by text, link, icon, or
otherwise) regarding Influencer’s participation in the Amazon Influencer
Program.
(b) Consent. By accepting this Influencer Program Policy, you
hereby grant to Amazon a non-exclusive, irrevocable, worldwide, fully paid-up,
royalty-free and perpetual license for the maximum duration of protection
available under applicable law in all languages to use, copy, reproduce, adapt,
distribute, transmit and display your name, photo, logo and other trademarks or
materials provided to Amazon in connection with the Amazon Influencer Program,
including through linkage to your Amazon public profile (“Influencer
Marks”); provided however, that Amazon will not alter any
Influencer Marks from the form provided by Influencer (except to re-format or
re-size within the Influencer Page, so long as the relative presentation of the
Influencer Marks remains the same).
(c) Influencer Content and Site. For avoidance of doubt, you
acknowledge that Influencer Content you submit will be subject to the
provisions of the Conditions of Use on the relevant Amazon Site relating to
posting content or submitting material and that your Site is subject to the
requirements of Section 3(b) of the Participation Requirements relating to
compliance with all applicable laws (for example, if applicable, the US FTC
Guides Concerning Use of Endorsement and Testimonials in Advertising).
(d) Indemnification. WE WILL HAVE NO LIABILITY FOR ANY MATTER
DIRECTLY OR INDIRECTLY RELATING TO THE CREATION, MAINTENANCE, OR OPERATION OF
THE INFLUENCER PAGE, AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR
AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS,
DIRECTORS, AND REPRESENTATIVES, HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES,
LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) RELATING
TO ANY CONTENT WITHIN THE INFLUENCER PAGE PROVIDED BY YOU.
3. Termination. Amazon may suspend or terminate
Influencer’s participation in the Amazon Influencer Program, and Influencer may
terminate such participation, in each case immediately by notice provided in
accordance with the termination provisions of the Agreement.
The rights set forth in Section 2 of this Influencer Program Policy will
survive the termination of Influencer’s participation in the Amazon Influencer
Program; provided that, we will use commercially reasonable efforts to remove
any Influencer Marks from the Influencer Page following termination.
Associates Program Local
Associates Policy (“Local Associates Policy”)
This Local Associates Policy applies to any registered business
that offers face-to-face customer experiences and that facilitates customer
purchases on Amazon.com (“Local Associates Program”)
operated by an Associate in one or more of its owned or operated facilities
registered on the program portal at https://affiliate-program.amazon.com/local
Associates Site (such portal, the “Local Associates Portal”
and such facilities, the “Local Associates Facilities”).
In order to participate in the Local Associates Program you must (A) be an
owner or authorized employee of a registered business, (B) apply through the
Local Associates Portal, (C) have your application accepted by Amazon, (D) not
be also registered for the Amazon Associates Program, and (E) comply with the
applicable provisions of the Associates ProgramOperating Agreement, including this Local Associates Policy.
1.
Assigned ID.
You will register for and be assigned a unique URL associated
with an Associate ID for your participation in the Local Associates Program.
You will not use any alternative URL or Associate IDs in connection with the
Local Associates Program or use the assigned URL or Associate ID for any other
purpose. For purposes of this Local Associates Policy, your unique URL will be
considered a Special Link as defined in the Associates Program Operating
Agreement.
2.
Local Associates Program.
You will offer Amazon customers the opportunity to purchase
select Products for which you have expertise to assist customers in evaluating
and making purchase decisions (“Local Associates Products”),
as described below:
(a) For purposes of the Local Associates Program, “your Site”,
as referenced in the Associates ProgramOperating Agreement, includes the Local Associates Facilities and
any other location where you market Products to Amazon customers. For avoidance
of doubt, if you use any Site (as defined in the Associates Program Operating
Agreement) or other online presence to market Products to Amazon customers,
that Site will be subject to all provisions of the Associates Program Operating
Agreement as “your Site.”
(b) The Local Associates Products will be made available for
Amazon customers to purchase through a specific page on Amazon.com assigned to
each Local Associate (such page, the “Recommendations Page”).
The Recommendations Page will include either a general Amazon.com search bar or
a selection of Local Associates Products curated by you. Amazon reserves the
right to modify the Products included in the Local Associates Products on any
Recommendations Page. You must direct all Local Associates Program marketing to
the Recommendations Page to be eligible for Qualified Purchases.
(c) You will be solely responsible for providing personnel to
assist Amazon customers with making purchases through the Local Associates
Program. Without limiting the generality of the foregoing, you will design a
reasonable training program designed to (1) educate your employees about Local
Associates Program offerings, (2) use your expertise to assist Amazon customers
with evaluating and making purchasing decisions regarding Local Associates Products,
and (3) optimize customer experiences with the Local Associates Program.
Further, you will implement the training program for all store managers and
associates at each Local Associates Facility. With respect to any Amazon
customer data received by you or your personnel in connection with purchases of
Local Associates Products, you will ensure the security and prompt destruction
of such customer data.
(d) Amazon will be solely responsible for all customer service,
fulfillment, delivery, and any returns relating to the Local Associates
Products.
(e) Both parties acknowledge and agree that you are not acting
as a reseller of any Amazon product(s), Local Associates Product(s), or other
product or service purchased through the Local Associates Program.
3. Marketing.
You will market Local Associates Products to Amazon customers
only at those locations and through those methods by which you customarily
conduct your registered business. Solely with respect to the Local Associates
Program, and notwithstanding anything to the contrary in the Participation
Requirements, you may include Special Links in written physical and digital
materials (including email) which are displayed, distributed, emailed, or
offered to customers, clients, or third parties with whom you have a
preexisting relationship; provided, that such written physical and digital
materials are in compliance with the Associates ProgramOperating Agreement, the Trademark Guidelines,
and the Amazon Brand UsageGuidelines. Upon our request, you will provide us with
representative sample materials and written certification that you have
complied with the foregoing. We will specify the form of, and content required
in, that certification in any such request. Any failure by you to provide the
certification in accordance with our request will constitute a material breach
of this Local Associates Policy. For the avoidance of doubt, (i) for the
purposes of the CAN-SPAM Act of 2003 and any similar or successor legislation
(CAN-SPAM), you are the “Sender” of each email containing any Special Links,
(ii) for the purposes of the Communications Act of 1934 as amended by Telephone
Consumer Protection Act of 1991 and any similar or successor legislation
(TCPA), you “make” and “initiate” each text message containing any Special
Links, and (iii) you must comply with CAN-SPAM, TCPA and marketing industry
standards and best practices for all emails, texts, and other messages relating
to the Local Associates Program. Amazon may revoke the offline marketing
permissions granted in this Section 3 at any time in its sole discretion by
providing written notice to you.
4.
Promotional Materials and Licensing.
(a) Promotional Materials.
Amazon may from time to time provide you with a standard form template and
other marketing assets for use in promotional marketing materials (“Promotional
Materials”), subject to the limited license in Section 4(b) of
this policy. Amazon reserves the right to review your Promotional Materials at
any time for compliance with this Local Associates Policy. Any failure by you
to provide the Promotional Materials in accordance with our request will
constitute a material breach of this Local Associates Policy.
(b) Amazon Marks Limited
License. Amazon grants to you a non-exclusive, non-transferable,
non-sublicensable, non-assignable, revocable right and license to display,
publish, and reproduce Amazon Marks that Amazon may provide to you from time to
time in connection with Local Associates Program solely for the purpose of
marketing Local Associates Products. Amazon reserves all right, title, and
interest in and to its Intellectual Property Rights and no title to or
ownership of any of Amazon’s Intellectual Property Rights (including with
respect to Amazon Marks) is transferred or licensed in connection with this
Local Associates Policy. “Intellectual Property Right”
means any patent, copyright, trademark, or trade secret right and any other
intellectual property or proprietary right in any jurisdiction, including any
and all applications, registration and rights of registration, reissues,
divisions, continuations, substitutes, renewals, and extensions in respect
thereto, and any causes of action related to any violation, infringement or
misappropriation thereof. Upon the termination of your participation in the
Local Associates Program by Amazon or you, you will immediately cease and
discontinue all further use of the Amazon Marks, any and all licenses you have with
respect to the Amazon Marks will automatically terminate. You will promptly
(within 7 calendar days) stop using and remove or destroy all Amazon Marks and
any other materials provided or made available by or on behalf of Amazon to you
under this Local Associates Policy.
(c) Recommendations Page.
We reserve all right, title and interest (including all intellectual property
and proprietary rights) in and to, and you do not, by virtue of this Local
Associates Policy or otherwise, acquire any ownership interest or rights in or
to, the Recommendation Page, the Recommendation Page URL, or information and
materials on the Recommendation Page. You will not take any action that
conflicts with our rights in, or ownership of, the Recommendation Page. Amazon
reserves all rights to determine the content, appearance, functionality, URL,
and all other aspects of the Recommendation Page, including through the display
of (i) advertising materials on the Recommendation Page, without compensation
to any Local Associate, and (ii) disclosure (by text, link, icon, or otherwise)
regarding your participation in this Local Associates Program.
(d) Local Associate Consent.
By accepting this Local Associates Policy, you hereby grant to Amazon a
non-exclusive, irrevocable, worldwide, fully paid-up, royalty-free and
perpetual license in all languages to use, copy, reproduce, adapt, distribute,
transmit and display your name, photo, logo and other trademarks or materials
provided to Amazon in connection with the Local Associates Program (“Local
Associate Marks”), solely in connection with the promotion,
use, and display of the Recommendation Page and as examples of best practices
in our educational and marketing materials; provided however, that Amazon will
not alter any Local Associate Marks from the form provided by you (except to
re-format or re-size within the Recommendation Page, so long as the relative
presentation of the Local Associate Marks remains the same).
5.
Service Offerings.
The Local Associates Portal, all Promotional Materials, and any
other information and content provided to you in connection with the Local
Associates Program are included as “Service Offerings” under the Associates
Program Operating Agreement. All disclaimers and indemnity obligations under
the Associates ProgramOperating Agreement will
apply further to liabilities, claims, damages, losses, costs, and expenses
relating to your Recommendations Page and any Local Associates Marks or other
data or materials you provide in connection with the Local Associates Program.
6. Term
and Termination.
Either party may terminate your participation in the Local
Associates Program at any time, with or without cause, in accordance with the
termination provisions in the Associates ProgramOperating Agreement.
Appendix:
........................................................
........................................................
No comments