Advertisement text and selection for ba&sh promotion
Due to the exclusivity of the items stocked, ba&sh does not operate in the discount market. Therefore, any misleading text offering or promoting specific discount amounts is prohibited. ba&sh reserves the right to cancel any commission for this period and, at our sole discretion, we also reserve the right to remove the affiliate partner from the program.
Pay-per-click policy:
You may not bid on any keywords associated with ba&sh unless authorized by ba&sh. ba&sh reserves the right to cancel any commission for this period and, at our own discretion, we also reserve the right to remove the affiliate partner from the program. Some examples are listed below:
- The brand name "ba&sh" and misspelled brand names ("bash")
- With a word placed before or after it, such as "ba&sh dress" or "bash dress".
- The use of ba-sh.com as a visible URL in paid search campaigns is prohibited.
Affiliate partner sites may not claim to be an "official" or "authorized" site (or any other similar term).
Other guidelines:
- The use of ba&sh affiliate links in Google / Google Base / Merchant Centre is strictly prohibited, as stated in their own terms and conditions.
- The use of spyware/adware is strictly prohibited.
Brand
SPECIAL BRAND TERMS AND CONDITIONS OF SALE FOR THE BA&SH AFFILIATE PROGRAM
These terms and conditions apply to you (the "Publisher") and your membership in the ba&sh affiliate program (the "Program") (the "Advertiser").
Any trademarks, logos, service marks, trade names, slogans, product descriptions or other proprietary materials authorized by Advertiser that are provided to you via the Network Service are considered "Advertiser Content" for purposes of this Agreement.
To participate in this program, you agree to the following terms:
1. CONSTITUTION
Any capitalized term not defined in these terms and conditions shall have the meaning defined in the Publisher Service Agreement. In the case of any conflict between the Publisher Service Agreement and these terms and conditions, the Publisher Service Agreement shall prevail.
2. ONGOING COMPLIANCE
Your continued participation in this program is contingent upon your full compliance with these terms and conditions. If Advertiser concludes, in its sole discretion, that there has been a breach of any of the governing provisions of these Terms and Conditions, or a material breach of Publisher's Service Agreement, Advertiser may (without limitation of other remedies available to it) take any or all of the following actions:
- notify you that it will remove you from the program if such action is repeated;
- Correct or cancel any compensation that may have been paid to you as of the date of violation of these Terms and Conditions or the Publisher Service Agreement; and/or
- Request that Commission Junction permanently and immediately remove you from the program.
3. CANCELLED ORDERS
Commissions associated with orders cancelled or returned by the customer during the refund period will be forfeited. Commissions will also be forfeited in the event of proven fraudulent activity and/or customer refund requests. Advertiser reserves the right to end the contract, with seven (7) days notice, of any Publisher with a disproportionate number of cancelled or returned orders.
4. UNACCEPTABLE CONTENT
Advertiser reserves the right to determine what content is or is not acceptable under the Program
5. USE OF ADVERTISER'S CONTENT
You agree that Advertiser has licensed to you only the exact Advertiser Content that Advertiser has made available to you, directly or via Network Service, in a form and manner suitable for use on the Network, as set forth in Network Service. You also agree to the following duties and restrictions regarding your use of Advertiser Content:
You may not distribute, transfer, license or otherwise use Advertiser Content in a manner inconsistent with these Terms and Conditions.
You acknowledge that Advertiser owns and retains all right, title and interest in and to the Advertiser Content, including, but not limited to, any proprietary rights that may be developed in the future.
You may not remove or alter any trademark, service mark or privacy notice from Advertiser Content.
You may not present or use any Advertiser Content in any manner that (i) could reasonably be interpreted to suggest that the editorial content was written by the Advertiser or its representatives or represents their views or opinions; (ii) in the reasonable opinion of the Advertiser, would be misleading, defamatory, obscene or objectionable; (iii) violates, derogates, undermines or impairs the rights of the Advertiser set forth in the Advertiser Content; or (iv) uses a product or service name owned by a company other than the Advertiser.
You may not promote any coupons, advertisements or discounts related to ba&sh products.
Websites on which you promote our products must not violate ba&sh's intellectual property and commercial rights or include any modification of their content.
Violations of these rights include, but are not limited to:
- generic use of "ba&sh" (please see the attached trademark guidelines that you must follow, under Exhibit A included herein)
- modification of the ba&sh logo
You are required to immediately change your use of the Advertiser Content if requested by the Advertiser.
You must use the Creatives provided. If you wish to make any changes to the materials provided or use your own designs, you must obtain Advertiser's prior approval by sending a message to influence@ba-sh.com with the subject line "BA&SH AFFILIATE PROGRAM".
6. UNACCEPTABLE WEBSITES
Websites on which you promote our products must not be auction, deals, gaming, pornographic, advertising or counterfeit ba&sh products. All loyalty/refund/coupon/discount sites must be of the highest quality and approved in advance by ba&sh
7. PROHIBITED KEYWORDS IN WEBSITE DOMAIN NAMES
Domain names you use to promote our products must not contain the ba&sh brand or any variation thereof, or a ba&sh style or brand name in their URL. Examples include, but are not limited to:
- ba&sh
- bash
- ba&sh paris
8. USE OF SOFTWARE
The use of client software and/or third party websites with which you advertise must not result in the installation of adware, spyware, persistent cookies or other malicious programs on users' computers.
9. MISUSE OF ADVERTISERS' TRADEMARKS AND OTHER KEYWORDS
You may not bid on, register for, or acquire search terms that reflect Advertiser's (ba&sh) trademarked terms, including such misspelled words and variations thereof. In addition, you may not list them in any search engine, portal, sponsored advertising service, or other search system or referral service, except with the written consent of Advertiser.
10. PROHIBITED ACTIVITIES
You agree not to do the following:
- Forced clicks or forced cookies are not allowed. (A user must be able to take an affirmative action on his or her own (e.g., click on a link on your site or submit to a third-party search engine) in order for you to be paid for a transaction).
- Override cookies previously set by the Publisher other than your own.
- Attempt to intercept or redirect traffic to or from the Advertiser's, a competitor's, or any other website, or to divert referral fees from or to any such site (as defined by ba&sh).
- Record or provide any information about Advertiser's customers or retain a copy of any names or related data generated by the program via cookies or other software, if such software has been approved by Advertiser or otherwise, or by any other method. Advertiser retains exclusive rights to such data.
- You may not distribute your links to other affiliate partners in your network.
- Use a technique in which the content presented to search engines is different from what is presented to Internet users.
- Imitate our site in any way, including plagiarizing content directly from our site without our express permission.
- Bid on branded search terms, including but not limited to: ba&sh / bash / ba&sh paris / ba&sh fashion / ba&sh clothing / ba&sh dress
- Page titles may not contain any of Advertiser's branded terms combined with any other clothing-related terms (e.g., "ba&sh dress", "ba&sh fashion").
11. ELECTRONIC COMMUNICATION ACTIVITIES
All currently available electronic mass communications (e.g., e-mail, newsletters, instant messaging, online radio broadcasts, social networking sites, etc.), or any other electronic communications technology developed in the future mentioning or promoting content of the Advertiser, the Advertiser's brands or its affiliates, must be approved in advance by the Advertiser. Please contact the Advertiser by e-mail for more information on the use of electronic communications or mass print campaigns in connection with your participation in the program.
In addition, you shall not send any "commercial electronic messages" as defined in the federal CAN-SPAM Act of 2003, and you shall comply with any restrictions that may be established in the future by federal, state or local law in connection with the Program. Advertiser reserves the right to correct or cancel any compensation related to content you send via "commercial electronic messages".
12. PRINT COMMUNICATIONS ACTIVITIES
All future print communications mentioning Advertiser, or promoting Advertiser's content, must be approved in advance and in writing by Advertiser. Please contact influence@ba-sh.com via email for more information on print communication campaigns related to your participation in the program.
13. TERM AND CANCELLATION
These terms and conditions are effective and legally binding unless either party legally ends them. You may end this Agreement at any time by removing the Advertiser's links from your website(s) and ending your affiliation with the Advertiser via Network Service. Advertiser may terminate these terms and conditions for any reason upon seven (7) days prior written notice to you via Network Service, and may elect to have Commission Junction terminate your participation in the event of a material breach of Publisher's Service Agreement or these terms and conditions.
14. CHANGES
Advertiser may modify any provision of these Terms and Conditions upon seven (7) days prior written notice via Network Service. Your continued participation in the Program following notification of a change by Advertiser shall constitute your acceptance of such change. If you do not agree to any change, you must end your participation in the Program via Network Service. You agree that your consent is not required for the modification of any of the terms of this Agreement.
15. RESPONSIBILITY FOR WEBSITE(S) AND COMPENSATION
You will be solely responsible for the development, operation and maintenance of your website(s) and the content contained therein. Advertiser disclaims all liability for matters relating to your website(s). In addition, you agree to indemnify and hold harmless Advertiser, its subsidiaries, affiliates, representatives, agents, affiliates' brands or other partners and employees from and against any and all claims, damages, demands and expenses (including, without limitation, reasonable attorneys' fees) relating to the development, operation, maintenance and content of your website(s), your use of Advertiser's content and the brands of Advertiser and its subsidiaries, any breach by you of these Terms and Conditions, or any infringement of the rights of any third party. You authorize the Advertiser, at its option, to assume and control the defense of any such claim.
16. MISCELLANEOUS RULES AND REGULATIONS
This contract shall be governed by the laws of France, without reference to the rules governing choice of law. Any action relating to this Agreement must be brought in the French courts, and you irrevocably submit to the jurisdiction of those courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent, and any such assignment shall be null and void. Subject to said restriction, this Agreement shall be binding upon, inure to the benefit of, or be enforceable against the other parties and their respective successors and assigns. Failure or agreement not to enforce any provision of this Agreement in any particular proceeding shall not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
BY REQUESTING TO JOIN THE PROGRAM AND CLICKING THE "ACCEPT" BUTTON, YOU SIGNIFY YOUR AGREEMENT AND ACCEPTANCE TO BE BOUND BY THESE TERMS AND CONDITIONS AS IF YOU HAD PERSONALLY SIGNED THIS AGREEMENT.
