Trademarks and Keyword Bidding Policy
- Not Permitted:
- Affiliates must not use any of the following URLs, including misspellings and variations, in the display URL at any PPC search engine or various “content network” sections: www.circumferencenyc.com/order, www.circumferencenyc.com, See direct linking policy below for additional information.
- Affiliates must not include “Official Site” or represent that your advertisement is sponsored or endorsed by Circumference in anyway.
- Affiliates must not bid on Circumference trademarked terms + “term”, e.g. “Circumference coupons”, “Circumference coupon codes”, etc.
- Affiliates must not bid on the Circumference trademarks shown below (or others we may communicate to you from time to time), including misspellings and variations, on any search engine: Circumference, www.circumferencenyc.com, circumferencenyc.com , www.circumferencenyc.com/order, circumferencenyc.com/order
- Reseller, Auctions: Affiliates are not allowed to resell, auction, mask or manipulate the pricing of any Circumference product.
- Circumference’s customer information is considered Confidential and the Affiliate’s obtaining or data-basing any such information is a violation of these Program terms and will result in immediate removal of the Affiliate from the Program. Circumference reserves the right to void and reverse commission payouts for any Program order resulting from fraudulent activity, in its sole discretion. Other voided orders and commission payout reversals can result from orders being canceled by the customer, credit card declines, or any other situation that situation that may result with than order not being billed and shipped.
- Direct Linking Policy
- Direct to Merchant bidding is not permitted on any Search Engines including Google, Yahoo, Bing and MSN. Affiliates may not use our URL in the display URL on any PPC advertisement.
- Domain misspellings are not allowed in the display URL on any advertisement.
- Ad copy restrictions
- Truth in advertising. Affiliates are required to be truthful about any advertisement representing Circumference including rebate, coupon, and sales offers.
- Affiliate’s advertising offers and sites must not be shown or construed as an official Circumference-endorsed advertisement or site.
- Additional Exclusions, Penalties, and Notifications
- Circumference reserves the right to enforce this PPC policy for individual affiliates at our sole discretion.
- Excluded affiliates will be required to agree via signed contract to any exclusion permitted herein. Do not assume exclusion via verbal or written communication.
- A violation of these terms may result in commission reduction to 0% unless we receive and accept a response from you that you will correct your behavior consistent with this agreement or may result in immediate termination of the affiliate relationship and may be cause for reversal of past commissions earned up to 30 days.
- Affiliates found in breach of this Agreement regarding competitor terms will be immediately removed from the program and have all commissions reversed up to 30 days.
- From time to time, Circumference may review its PPC policy and this Agreement and implement changes consistent with the way search engines operate or for other modifications in our sole discretion. Any material changes will be announced via the Circumference Affiliate Program’s newsletters, group email, or other such communication. Affiliates will have seven business days to comply with Program changes.
- Reporting Violations. Violations of Circumference PPC policy or this Agreement may be reported to email@example.com. Please have all applicable proof in your email including but not limited to screen shots of the ad, geographical location of the ad, URL/Network tracking information, and the search engine where the ad was found.
- Online Advertising (organic links)
Affiliates that use the Circumference branded trademark terms in any organic search link must use the terms in a fair manner, i.e. in a way that is not confusing, misleading, does not dilute or disparage our trademarks, and is in keeping with generally recognized and accepted practices of fair use under U.S. Trademark and Copyright Law.
- Electronic Mail
Affiliate shall not send any emails, directly or indirectly, that advertises or promotes Circumference, its products, services, web sites, or offers without Circumference prior express written consent. If consent is provided, Affiliate must include Circumference on its email distribution list at the following address firstname.lastname@example.org. Affiliate shall not send any unsolicited commercial e-mail or other unsolicited online communications.
Affiliate hereby represents that it will comply with all laws, rules, regulations, and ordinances relating to the sending of commercial emails, including, but not limited to, the federal CAN-SPAM Act of 2003 and Canada Anti-Spam Law (CASL). In addition, Affiliate shall not generate or send any material advertising or promoting any Circumference products or services via facsimile or engage in any telemarketing activities with respect to Circumference products or services.
In any marketing activities where a reference is made to Circumference or to any of Circumference trademarks, Affiliate must identify itself as an affiliate by using the terms "affiliate" or “aff.”
Affiliate shall not use Circumference name, trademarks, service marks or any derivations or variations thereof in any manner, including without limitation, (a) in meta tags, (b) in hidden text or source code or (c) in Affiliate’s domain name or any other part of Affiliate’s universal record locator (URL).
Affiliate shall not use any of Circumference trademarked terms, either alone or in conjunction with or as part of any other word or name, in any advertisement, publicity or promotion on Affiliate’s behalf, to express or imply any endorsement by Circumference of any services provided by Affiliate, or in any other manner whatsoever.
Affiliates found in violation of this section are subject to punitive actions by us, without further notice. Such actions include but are not limited to suspension or termination of Affiliate account, withholding of payments to Affiliate; and publication (at our discretion) of Affiliate's activities.
Obligations of Circumference Affiliates
- Place Links on your site within 30 days of your acceptance into the program.
- Actively participate in the affiliate program by accessing and using promotional links and approved creative via the affiliate network console.
- You agree to be solely responsible for all costs and expenses you may incur in connection with your participation on the affiliate program and/or your performance including:
- The development, operation and maintenance of your site
- All materials that appear on your site and the accuracy and appropriateness of such materials
- Ensuring that any such materials do not violate or infringe upon the rights of any third party, including, but not limited to, copyrights, trademarks, privacy, or other personal or proprietary rights, are not libelous, defamatory, misleading, false or deceptive or otherwise illegal
- Ensuring that your site and your business practices do not violate this Agreement
- You agree to keep your account information updated with current and accurate information (including WHOIS information) and, at all times, list the web sites you are using to drive traffic to us. For domain names associated with your site that are registered privately, the domain of your username/email address must match the URL submitted with your application.
- You agree not to make any representations, either express or implied, or create an appearance or impression, directly or indirectly, that a visitor to your site is visiting our site, that a visitor to our site is visiting your site or that Circumference endorses you or your site or your products and services (for example, you are agreeing not to ”frame” any pages or portions of our site).
- Circumference is not obligated to make any representations, warranties or other statements concerning you, your site, your site policies or any of your products or services.
Affiliate Code of Conduct
Affiliates must not partake in any of the following activities:
- Spy Ware: You agree not to participate in spy ware, ad ware or parasite ware techniques for driving traffic. We reserve the right to research and investigate affiliates and their activities and, at our own discretion, determine whether or not these practices are in place. Affiliates found in violation of this policy will be immediately terminated from the Affiliate Program with any unpaid commissions forfeited.
- Attempt to modify or alter our site in any way.
- Engage in any direct or indirect relationships with ISPs and/or mobile carriers that results in address bar keyword and URL error trafficking (e.g., a user mistypes a web address in the ISP’s address bar or search bar and is redirected to a web page that contains a link that directs the user to, e.g. our site).
- Employ the use of any type of software download or technology which attempts to intercept or redirect traffic or referral fees to or from any website.
- Employ, use, or receive any direct or indirect benefit from, any “cookie stuffing” methods (e.g., use of “cookie stuffing” to cause affiliate tracking systems to conclude that a user has clicked through a commissionable link and to pay commissions accordingly, even if the user has not actually clicked through any such link).
- Display any material on a website containing a link to our site which contains viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines.
- Without our prior written approval, use any widgets on your website that include any of our trademarks, Circumference materials, or directly or indirectly send traffic to one of our sites.
- Publish, link to, sell, otherwise distribute, or place a commissionable link on the same page or in close proximity to any objectionable content, i.e. any material which, in our sole discretion, is offensive, e.g., hate speech, promotes violence or defames a particular group of people, contains nudity, explicit violence or depictions thereof or promotes alcohol, tobacco, or gambling/lottery.