ALLOWED MARKETING CHANNELS & RESTRICTIONS:
Allowed Distribution: Deal/Coupon*, Content/Blog, Display, Mobile, Newsletter
Prohibited Distribution: Search**, Toolbar, Network/ Rebrokering
Approval Only: Email, Incent, Video
* Only coupons provided through the Awin platform are valid for commission. Any promo code used that is not provided to your publisher account through this platform are subject to reversals.
**We do not allow the use of our Trademark terms, Trademark+ terms or display URL on search engines
***We only commission New Customer sales
Friend referral links/ refer-a-friend promotions are not applicable for use or commission through the affiliate program.
GENERAL PUBLISHER OBLIGATIONS.
Publisher shall not modify or alter any Offer or any graphic file(s) or creative work made available to Publisher for use in an Offer ("Creative") in any manner. Publisher will only run approved banners and text in its advertising of Offers and will not create its own banners or advertising text based on the Creative or Offer, unless expressly approved in writing from Merchant. Any other use of Offers or Creative will result in immediate termination of this Agreement and the loss of payment of Leads.
Publisher shall not place an Offer on a website or in any other context with inappropriate content, which includes, but is not limited to, content that (i) contains or promotes the use of alcohol, tobacco or illegal substances, pornography, phone sex or escort services, expletives or other inappropriate language; (ii) promotes gratuitous violence, abuses or threatens physical harm; (iii) promotes illegal or unethical activity, racism, hate, "spam," mail fraud, gambling, sweepstakes, pyramid schemes, investment and money-making opportunities or illegal advice; (iv) promotes the use of illegal activities, such as how to build a bomb, counterfeiting money and software pirating (e.g., Warez, Hotline); (v) is libelous, defamatory, infringing, false, misleading or contrary to public policy; (vi) is otherwise prohibited by federal or state law; (vii) may bring Merchant and/or its associated Advertisers negative publicity; (viii) introduces viruses, worms, harmful code and/or Trojan horses on the Internet; or (ix) is otherwise objectionable to Merchant, in its sole discretion.
Publisher shall not engage in any deceptive or misleading form of advertising or marketing, which includes, but is not limited to, phishing (the practice of sending an email to an individual, falsely claiming to be an established legitimate enterprise in an attempt to scam or defraud the user into surrendering private and personal information that can be used for identity theft, or for any other purpose), cybersquatting, typosquatting or combosquatting.
Publisher shall operate in compliance with all applicable laws, regulations, decisions and industry best practices, including but not limited to: (i) Section 5 of the Federal Trade Commission Act and any current or future rules, regulations, orders, guides or other interpretation issued by the Federal Trade Commission (“FTC”) of Section 5, and (ii) the Direct Marketing Association’s Best Practices for Online Advertising and Publisher Marketing. Without limiting the foregoing, Publisher agrees to comply with the FTC’s Endorsement Guides currently located at https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking, with respect to any endorsements made as part of its services hereunder, including, without limitation, properly disclosing that Publisher receives consideration for reviewing, promoting and/or recommending a product or service or engaging in any type of influence marketing.
If Publisher is distributing an Offer outside the United States, Publisher represents and warrants that (1) it is familiar with the particular laws, regulations and industry customs in those countries in which is distributing the Offer, (2) it has previous experience distributing offers in such countries, and (3) it will comply with all such laws, regulations and industry customs.
For an Offer to be distributed on wireless devices, such as cell phones and tablets, Publisher agrees to: (i) comply with all applicable laws and regulations regarding marketing to wireless devices; (ii) comply with all rules, terms and policies of the wireless service provider and the maker(s) of the wireless device and operating system running on such device, (iii) not install any software, cookies or application to the device without the express affirmative consent of the User; and (iv) provide such data regarding the Leads as may be required by Merchant or its Advertiser from time to time, including, UDID numbers for each Lead and geo and time/date of the Lead generation.
MUTUAL REPRESENTATIONS AND WARRANTIES. Each party represents and warrants to the other party that (i) such party has the full corporate or organizational right, power, and authority to enter into the Agreement and to perform the acts required of it, (ii) the execution of or electronic agreement to this Agreement by such party, and the performance by such party of its obligations and duties, do not and will not violate any agreement to which such party is a party or by which it is otherwise bound, or any applicable federal, state or municipal law or regulation to which it is subject, (iii) each party shall render all services to the other party in a professional and commercially reasonable manner, in accordance with generally accepted industry standards; and (iv) each party owns or has the authority and valid license to use all intellectual property and content on its website(s).
LIMITATION OF LIABILITY; NO ADDITIONAL WARRANTIES; INDEMNIFICATION. THE WEBSITES OF MERCHANT AND ADVERTISERS (INCLUDING ANY REPORTING SITE) AND THE OFFERS ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTIES AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MERCHANT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING LOST PROFITS OR REVENUES, OR HARM TO BUSINESS) EVEN IF IT HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MERCHANT'S LIABILITY UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHER LEGAL THEORY, BE GREATER THAN THE TOTAL AMOUNT PAID WITHIN THE PRIOR SIX MONTHS BY MERCHANT TO PUBLISHER HEREUNDER.
Indemnification. Each party agrees to indemnify, defend and hold harmless the other, its subsidiaries, advertisers, vendors and suppliers, and each of their respective agents, partners, officers, directors and employees from and against any third party loss, cost, claim, injury or damage (including reasonable attorneys' fees) arising out of or related to a breach of such party's representations or warranties made in this Agreement or a breach of the terms and conditions of this Agreement.
Governing Law. The rights and obligations of the parties under or arising out of this Agreement shall be governed by and construed under the laws of the State of Colorado without reference to its conflict of laws principles.
Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any Internet outage, act of God, fire, natural disaster, accident, terrorism, riots, acts of government, shortage of materials or supplies, or any other cause beyond the reasonable control of such party.
Any trafficking from websites that are point, lottery or rewards based and encourage users to click on Offers or use Offers to generate revenue for users to win points, get rewards, or other incentives are prohibited, unless approved in writing.
If Publisher engages in any keyword search marketing hereunder, Publisher shall (1) comply with all rules, requirements and terms of the particular search engine being used, (2) not infringe upon any trademark or other intellectual property rights of any third parties, and (3) comply with all terms and requirements of the Advertisers with respect to search marketing. Publisher shall also comply with the following:
1. Publisher may not bid on any of Merchant or Advertiser terms, including any variations or misspellings thereof, for search or content based campaigns on Google, Bing, Yahoo or any other network.
2. Publisher may not use Merchant or Advertiser terms in sequence with any other keyword.
3. Publisher may not use Merchant or Advertiser terms in its ad title, ad copy, display name or as the display url.
4. Publisher may not direct link to Merchant or Advertiser website from any pay per Click ad or use redirects that yield the same result.
If Publisher automates its search campaigns, Publisher shall be responsible to exclude Merchant and Advertiser terms from its program. We have a strict no tolerance policy on search term bidding. We will not enter a discussion about when the violation started and when it stopped; you will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning.
Publisher represents and warrants that, with respect to email campaigns transmitted by Publisher for Merchant in connection with any Offer, Publisher shall at all times maintain strict compliance with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the “CAN-SPAM Act”), all rules and official guidance promulgated by the FTC pursuant to the CAN-SPAM Act, the Federal Communications Commission’s (“FCC”) rules and orders regulating the transmission of commercial email to wireless devices, and all other applicable federal, state, local and international laws and regulations. In addition, without limiting the foregoing, Publisher agrees that it will comply with the following requirements. If Publisher uses a third party to transmit email on its behalf, then that third party and Publisher will be treated as one and the same for purposes of this Agreement.
Please refer to our full T&C’s, located within the Documents tab, to review additional information regarding Email partnerships. Information within our full terms addresses:
- Address lists
- Opt out mechanism and compliance
Data Protection Addendum; International Compliance.
Publisher has read and agrees to comply with the Data Protection Agreement, available within your Awin Publisher T&C’s, section 12 , which is incorporated herein by reference. Before approving any Sub-Publisher to promote an Offer through Awin, Publisher shall present and secure the written agreement to the Data Protection Addendum from said Sub-Publisher. Publisher agrees that, where applicable, its marketing and data collection practices shall comply at all times with the United Kingdom Data Protection Act of 1998 (as amended), the General Data Protection Regulation (GDPR) (EU) 2016/679, as amended and adopted by the member states of the EU, and all related directives, acts, or regulations. Publisher represents and warrants that its consumer data collection practices are performed in a manner that obtains the necessary knowing and frequent consent from consumers and that all consumer data is stored using industry-standard or better security protocols. If Publisher is either located outside the United States or offering or distributing (or potentially distributing) an Offer outside the United States, Publisher represents and warrants that (1) Publisher is familiar with the particular laws, regulations and industry customs in those countries in which Publisher is located and/or distributing the Offer, (2) Publisher has previous experience distributing offers in such countries, and (3) Publisher will comply with all laws, regulations and industry customs applicable to the operation of its business, its marketing practices, and the collection and/or transfer of consumer data by Publisher in such countries. To be clear, Publisher is responsible for understanding and complying with all advertising laws, regulations and customs in both the jurisdiction where the advertising takes place and the jurisdiction where Publisher is located. Publisher’s obligations and liabilities under this Paragraph and the Data Protection Addendum shall extend to the conduct of all Sub-Publishers.