Affiliate Program Terms and Operating Agreement
THIS IS A LEGAL AGREEMENT (THE “AGREEMENT”) BETWEEN YOU ("YOU" OR "THE AFFILIATE") AND THE BURTON CORPORATION ("WE" OR "BURTON"). BY CLICKING ON THE "I ACCEPT" BUTTON AT THE END OF THIS AGREEMENT YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH TERM AND CONDITION.
Acceptance of Your Application
This Agreement will govern your participation in Burton's Affiliate Program. The purpose of this Agreement is to allow You to make referrals from Your website to the Burton website in the manner set forth herein and earn referral fees. You understand that We may accept or reject your application at our sole discretion. Your application will be rejected if any of the information you provide is incorrect or incomplete, or if Your website promotes materials of a sexual, pornographic, violent, or defamatory nature, or if You or Your website discriminate, violate any applicable law, violate any person's intellectual property rights. Any affiliates who do not abide by these rules are at risk of having their commissions set to zero and possible suspension.
As an Affiliate, What You Receive
Fees: We will pay You the Fees specified in the Engagement if We sell to a visitor to Our site (a "Customer") a product or service that is the subject of the Engagement and if that Customer has accessed Our site and purchased the product or service via a Qualifying Link and not subsequently returned or failed to pay for such product or service before payment is due. All commissions paid shall be paid on gross revenue to Burton less any discounts or coupons and exclusive of taxes, shipping and handling and credit card (and other) fraud.
Qualifying Links: A "Qualifying Link" is a link from Your site to Our site using one of the Required URLs or any other URL provided by Us in the Network if it is the last link to Our site that the Customer uses during a Session where a sale of a product or a service to Customer occurs. A "Session" is the period of time beginning from a Customer's initial contact with Our site via a link from Your site and terminating when the Customer either returns to Our site via a link from a site other than Your site or the Return Window (as defined in Burton policies) expires.
All affiliate sales are de-duplicated against other online advertising channels using a local cookie on the merchant platform. Deduplication channels include:
- PPC Brand
- PPC Generic
- Email Advertising
- Direct Partnerships
- Price Comparison
- Display & retargeting advertising
- Other Affiliate Networks
Ownership and Licenses
Each party owns and shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.
We grant to You a revocable, non-exclusive, worldwide license to use, reproduce and transmit the name, logos, trademarks, service marks, trade dress and proprietary technology, as designated in the Engagement or during the registration process in the Network, on Your site solely for the purpose of creating links from Your site(s) to Our site(s) during Engagements. Except as expressly set forth in this Agreement or permitted by applicable law, You may not copy, distribute, modify, reverse engineer, or create derivative works from the same. You may not sublicense, assign or transfer any such licenses for the use of the same, and any attempt at such sublicense, assignment or transfer is void.
You grant to Us a non-exclusive, worldwide, royalty-free license to use, reproduce and transmit any graphic or banner ad submitted by You solely for co-branding purposes or as a return link from Our site(s) to Your site(s). We will remove such graphic or banner ad upon Your request.
Affiliates must not post on any Burton social media platform in order to attempt to drive visitors to their webpage. Burton social media platforms include Facebook, Twitter and the MP Community/Forum. Direct linking to Burton websites from paid social media is prohibited. Affiliates are not allowed to register the brand Burton or any variation of it on any social media platform. This includes and does not limit to brand + generic word or sentence as well generic word or sentence + brand. Any attempt to register such social media accounts will be a direct breach of the Awin terms and conditions
All affiliate content on social media must be ASA compliant, read the ASA Guide here. If you wish to use affiliate links within your Instagram Stories and other social channels, use #ad as a valid identifier to be ASA compliant. Awin has a one-page website - Paid for Advertising - which explains how free content a commercial relationship can have attached to it. This can be linked to by any affiliate in order to make your readers aware of how affiliate links work. If you have any questions on this please speak to your account contact. More information here: https://www.awin.com/gb/news-and-events/industrynews/affiliate-links-on-instagram-stories.
You must ensure that Your site does not in any way copy or emulate the Burton site in look or feel, or incorporate any elements, domain names and the like that could be confusingly similar to any Burton marks, brands, names or logos. Nor will You take any action or make any statements to create the impression that Your site is part of or endorsed by Burton.
Burton encourages affiliates to contact us for exclusive coupon/discount codes and additional incentives.
Affiliates may only promote codes that are provided through the Burton affiliate program (either through our account or directly from Burton’s Affiliate Manager).
Burton reserves the right to withhold payment of commission if unauthorized coupon codes are used in an affiliate sale. We appreciate that consumers may use coupon codes that they have found via a site other than that which is awarded the sale and this will be investigated before decisions on commission payment are made. Any affiliate found to be displaying unauthorized codes may also have their commission set to zero until the code(s) are removed.
Where coupon codes are issued with an expiration date this should be clearly displayed, and codes should be removed or explicitly marked as expired after this due date unless you are advised otherwise. Any affiliates displaying expired codes without marking them as being expired may be suspended from the program. Please also ensure that you observe IAB voucher code best practice guidelines.
Affiliates cannot use their personal or any other MP referral codes to provide first time customers with 5% off their first order. Affiliates may only promote the following referral code on their sites. Any transactions using other referral codes will not be approved.
Cash Back Affiliates
Cash Back affiliates are on a different commission structure. Rates subject to change based on specific partnership terms and insertion order agreements.
Problems and Other Notifications
You are responsible for notifying Burton of any malfunctioning of the URLs specified in the Engagement (the "Required URLs") or other problems with Your participation in the Engagement. We will respond promptly to all concerns upon receipt of Your notification. We may rely on any data, notice, instruction or request furnished by you which is reasonably believed to be genuine and to have been sent or presented by a person reasonably believed to be authorized to act on behalf of You.
Burton validation is 30 days with a look back window of 30 days.
Any queries may be addressed to the network or the specific program contact