Associates Program Policies
Associates Program Commission Income Statement (“Commission Income Statement”)1. Qualifying Purchases and Qualifying Revenue We will pay Standard Commission Income described in Section 3 of this Commission Income Statement in connection with “Qualifying Purchases”, which (subject to the exclusions described in this Commission Income 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 Commission Income 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”),
(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 Commission Income Statement, with the corresponding related Special Commission Income), (j) any Product purchased as a subscription unless otherwise provided in the Agreement, and. (k) any pre-release or pre-order Product that is not available on a Product listing page. 3. Standard Commission Income Subject to the limitations described in this Commission Income Statement and compliance with the Agreement, we will pay you standard commission income described in the Appendix (”Standard Commission Income”). Commission Income is calculated as a percentage of Qualifying Revenue. 4. Special Commission Income 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 commission income(“Special Commission Income”). 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 Commission Income 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 Commission Income are currently available: here (a) Bounty Events Bounty Events are available in select countries as referenced in the Appendix (“Special Commission Income”). You will earn Special Commission Income 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 Commission Income 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 Program Participation Requirements. (b) Bonus Events Bonus Events are available in select countries as referenced in the Appendix (“Special Commission Income”). You will earn Special Commission Income described in this Section 4(b) in connection with “Bonus Events” which occur when (1) a customer, who must be eligible for the Bonus Event as described in the Appendix, clicks through a Special Link on your Site to the Amazon Site, and (2) during the resulting Session the customer completes the bonus action described in the Appendix. Amazon will not pay Special Commission Income where a Bonus 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, repetitive Bonus Events, and Bonus Events that do not result from Special Links on your Site). Amazon will determine in its sole discretion, in each case, whether a Bonus Event has occurred or if there has been a violation or abuse. Special Links to the Bonus Event-specific homepages listed in the Appendix are permitted in connection with the corresponding Bonus Event, notwithstanding the Associates Program Participation Requirements. 5. Commission Income Limitations From time to time, we may impose limits on Associates’ opportunity to earn Standard Commission Income or Special Commission Income. 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 Commission Income Limitations, please see the Appendix (“Commission Income Limitations”). 6. Commission Income 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 Commission Income and Special Commission Income earned by you during that month. We will pay Standard Commission Income and Special Commission Income 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 commission income 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 commission income 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 commission income you earn to the primary email address on your Associates account. These gift cards are redeemable for products on the Amazon Site the commission income 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 commission income until the total amount due to reaches the minimum stated in the Payment Minimum Chart. Payment by Amazon Gift Card is not available in NL , PL and SE. Option 3: Payment by Check. We will send you a check in the amount of the commission income you earn once you have provided us with a physical address. If you select this option, we reserve the right to hold commission income 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. Payment by Check is not available in NL , PL and SE. 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 commission income until you make your selection or provide such information. Payment Minimum Chart
|UK||FR, IT, DE and ES||NL||SE||PL|
|Option 1 (Deposit)||£25||EUR 25||EUR 25||Kr 50||PLN 100|
|Option 2 (Gift Card)||£25||EUR 25||NA||NA||NA|
|Option 3 (Check)||£50||EUR 50||NA||NA||NA|
|Check Processing Fee||NA||NA||NA||NA||NA|
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 commission income 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 commission income 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 commission income payable to you under the Agreement.
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 if you advertise the SE Amazon Site, or 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) infant formula or e-cigarettes if you advertise the EU and UK Amazon Sites, and (d) 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 Commission Income 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 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 Commission Income Statement), 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 Mobile Application Policy 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: • [insert Amazon Site] Price: [EUR/£] 32.77 (as of 01/07/2008 14:11 [insert time zone] - Details) • [insert Amazon Site] Price: [EUR/£] 32.77 (as of 14:11 [insert time zone] - 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 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 paid-up royalty-free, nonexclusive, worldwide, freely transferable right and license for the duration of your original and derivative intellectual property rights 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.
Associates Program 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 commission income 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, digital videos 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 or the Amazon Community Guidelines. (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, the Dutch Social Media Code 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. Onsite Use (a) Discretion in Use; Removal Right. Amazon may (as determined by Amazon in its sole discretion) but is not obligated to use Influencer Content, subject to the terms of the license described in Section 3(b) of the Influencer Program Policy. Amazon reserves the right (in its sole discretion and at any time) to reject, remove, suspend, or restore any or all of the Influencer Content. (b) Compensation. With respect to Influencer Content used by Amazon within the Amazon Site. Influencer will earn commission income (“Onsite Commission Income”) as further detailed in Associates Central. To be eligible to earn Onsite Commission Income from the applicable Amazon Site, you must be registered as an Influencer for the applicable Amazon Site with a dedicated Store ID for this purpose. 3. Reservation of Rights; Use of Influencer Marks; 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, information and materials on the Influencer Page or any other aspect of the Amazon Site. 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 and Amazon Site, 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) Influencer Marks License. By accepting this Influencer Program Policy, you hereby grant to Amazon a non-exclusive, worldwide, fully paid-up, royalty-free license for the maximum duration of your original and derivative intellectual property rights in all languages to use, copy, reproduce, adapt, translate, excerpt, reformat, distribute, transmit and display your name, photo, logo and other trademarks (“Influencer Marks”) and materials provided to Amazon in connection with the Amazon Influencer Program, including through linkage to your Amazon public profile; provided however, that Amazon will not alter any Influencer Marks from the form provided by Influencer (except to re-format or re-size, 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 Influencer Content and Site are 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). Additionally, if Influencer has any other material connection or otherwise receives any compensation from any other manufacturer, distributor, brand, or third party in connection with any Influencer Content, Influencer is also responsible for following all applicable laws with respect to those connections or compensation arrangements, including those described in the FTC Endorsement Guides (such as by using the text “#Ad” or “#Sponsored”). (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 INFLUENCER CONTENT, 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 INFLUENCER CONTENT. 4. 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 3 of this Influencer Program Policy, including all rights related to the use of Influencer Marks and other materials provided in connection with the Amazon the Amazon Influencer Program, and continue after 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.
DE Associate Program Comparison Shopping Engine RequirementsIf you select or we determine you are in the Comparison Shopping Engine category and you have asked for or have an Associate ID to advertise the Amazon DE Site then you must comply with the Comparison Shopping Engine Requirements. In the event of any conflict between these requirements and the License, these requirements shall prevail. You are in the “Comparison Shopping Engine” category if your Site provides users with the ability enter product-related search terms for the purpose of viewing a list of products and comparing prices offered by various sellers. While the results list may include, without limitation, features and reviews, the principal feature of a comparison shopping engine site is price comparison. 1. Method of Obtaining Program Content. We may require you, by email notification, from time to time to obtain Program Content by a method other than the one you currently use. For example, we may require that you call PA API to obtain some or all of the Program Content that you currently obtain through Data Feeds. 2. Frequency of Updating Program Content. Despite the provisions of paragraph 2(h). of the License, we may require you, by email notification, to update Program Content on your Site at a different frequency than you currently undertake. For example, we may require that you obtain Data Feeds and refresh Program Content on your Site at not less than certain intervals throughout the day or to refresh Program Content on your Site on a real time basis by calling PA API each time you serve, or a user of your Site loads or requests, a page that contains details of a Product. 3. Display of Shipping Cost. In all cases where you display the price of a Product, you must clearly show the shipping cost associated with that Product as made available by us. If you need help obtaining shipping costs from the Data Feeds, please contact Customer Service. 4. Display of Price Change Notice. You must clearly notify the user, in close proximity to the price of any Product that you display, that the price of that Product may have gone up since the time you last updated such pricing information from us. 5. Display of Time and Date of Content Update. In addition to the requirements of paragraph 2(i). of the License, we recommend that you include a clear statement, in proximity to each listing of any Product on your Site, specifying the time and date that the Content relating to that Product was last updated by you. 6. Display of Disclaimer. You must include in a prominent position on each page of your Site either a disclaimer or a link to a disclaimer containing at least statements substantially equivalent to the statements below. 1. The price shown may have risen since the time you last updated them.
2. The actual price of the product on the seller’s site at the time of purchase will govern the sale.
3. It is not technically possible for the prices displayed above to be updated in real-time. 7. Additional Requirements and Directions. You will follow and promptly implement any requirement or direction that we may, from time to time by email notification to you, issue under these requirements. Such requirements and directions shall be incorporated into and form part of the Agreement from the date 7 days following the date we notify you of them. If you object to any such direction or requirement you must notify us in writing within 7 days of the date of our notification to you of the direction or requirement. If you give us such notice your participation in the Program and your license under the License will terminate automatically on the 7th day after we notified you of the direction or requirement. 8. Suspension. In addition to and without limiting any other rights we may have, and without penalty or cost to us, we may at any time by email notification to you suspend your participation in the Program and your right to use, access or receive Program Content (whether under the License or the Agreement) for up to 21 days if we reasonably believe that your Site is not compliant with applicable law or may expose us to the possibility of injunctive relief and/or damages of any sort.