DECKERS CONSUMER DIRECT AFFILIATE PROGRAM SPECIAL BRANDING TERMS AND CONDITIONS
These Terms and Conditions are applicable to You (“Publisher”) and your membership in Deckers Outdoor Corporation (“Advertiser”) affiliate program, (the “Program”).
Any trademarks, logos, service marks, trade dress, slogans, product copy or other proprietary material authorized by Advertiser provided to you through the Network Service, are considered for purposes on this Agreement, “Advertiser Content.”
In consideration for participating in the Program, you agree to the following terms:
1. INCORPORATION
Any capitalized term that is not defined in these Terms and Conditions will have the meaning set forth in the Publisher Service Agreement. In the event of an inconsistency between the Publisher Service Agreement and these Terms and Conditions, the Publisher Service Agreement will control.
2. ONGOING COMPLIANCE
Your continuing compliance with these Terms and Conditions is a condition of continuing participation in the Program. If Advertiser determines, at its sole discretion that you are not in compliance with any material provision of these Terms and Conditions, or are in Material Breach of the Publisher Service Agreement, Advertiser may (without limiting any other remedies available to it) pursue any or all of the following actions:
• Warn you that Advertiser will remove you from the Program upon any further occurrences;
• Correct or reverse all compensation otherwise payable to you beginning with the date on which you violated the terms of these Terms and Conditions or the Publisher Service Agreement; and/or
• Request Commission Junction to remove you from the Program permanently and immediately.
3. CANCELLED ORDERS
Commissions will be reversed for any orders cancelled or returned by the customer within the Chargeback Period. Commissions will also be reversed for confirmed fraudulent activities and/or chargeback filed by customers. Advertiser reserves the right to terminate upon 7 days notice any Publisher associated with a disproportionate number of cancelled or returned orders.
4. UNACCEPTABLE CONTENT
Advertiser reserves the right to determine what is unacceptable content within its Program.
5. USE OF ADVERTISER CONTENT
You agree that Advertiser has sublicensed to you only the exact Advertiser Content provided by Advertiser to you directly or through the Network Service and in the form and manner available from and as specified in the Network Service. You further agree to the following duties and restrictions regarding your use of any Advertiser Content:
You may not distribute, transfer, sublicense, modify, or otherwise use Advertiser Content in a manner inconsistent with these Terms and Conditions.
You acknowledge that Advertiser owns and will retain all right, title and interest in the Advertiser Content, including, without limitation, any proprietary rights which may be developed in the future.
You will not remove or modify any trademark, service mark or privacy policy notices from the Advertiser Content.
You will not present or use any Advertiser Content in a manner that (i) could reasonably be interpreted to suggest that editorial content has been authored by or represents the views or opinions of Advertiser or Advertiser’s representatives; (ii) is, in Advertiser’s reasonable opinion, misleading, defamatory, libelous, obscene or otherwise objectionable; (iii) infringes, derogates, dilutes or impairs Advertiser’s rights in the Advertiser Content; or (iv) uses a name of a product or service of a company other than Advertiser.
You do not promote any UGG® Australia product-related coupons, promotions or discounts in your creative.
Websites you promote our products on, do not violate Deckers Outdoor trademarks or include any variations of them.
- Trademark violations include, but are not limited to:
- The generic use of “UGG” (please review the Trademark Guidelines of which you are bound to comply attached here to as Exhibit A and incorporated herein) or any other Deckers Outdoor trademarks
- Using iframes or other technology to frame the UGGaustralia.com website or any other Deckers’ trademark
- Changing the UGG® Australia logo or any other Deckers Outdoor logo.
You will make any changes, immediately, to your use of the Advertiser Content that are requested by Advertiser.
You must use the creative provided. If you wish to make any changes to the creative provided or use your own creative, you must get approval from Advertiser first by sending an email to: affiliates@uggaustralia.com with the subject line “UK AFFILIATE PROGRAM”.
6. UNACCEPTABLE WEB SITES
Websites you promote our products on are not auction, classifieds, gambling, pornography, incentive, or counterfeit UGG websites. Any loyalty/cash-back/coupon/rebate sites must be of the highest quality and must be pre-approved by Deckers Outdoor.
7. PROHIBITED WEBSITE DOMAIN KEYWORDS
Domain names in which you promote our products on do not contain a Deckers Outdoor trademark or variation of these, or UGG® brand style names in their URL. Examples of this include, but are not limited to:
- Ugg
- Ugh
- Ug
- Uggz
- Uggs
- hUGGs
- UGGly
8. USE OF SOFTWARE
Your use of any client-side software and or any 3rd party websites you advertise with do not install adware, spyware, persistent cookies or any other malicious programs onto users’ computers.
9. MISUSE OF ADVERTISER’S TRADEMARKS AND OTHER KEYWORDS
You shall not bid on, register, or purchase search terms that reflect Advertiser’s trademarked terms (UGG Australia UGG, Ug, UGH, Simple Shoes, Simple, Teva, Teva Footwear, Teva Sport Sandals and Teva Sandals, Ahnu, Tsubo, Deckers), including misspellings and variations of these terms. Additionally, you may not list them in any search engine, portal, sponsored advertising service or any other search or referral service, unless approved in writing by Advertiser.
10. PROHIBITED ACTIVITIES
You agree not to do any of the following:
• Forced Clicks/ Forced Cookies are not permitted. (An end user must take an affirmative action (i.e., clicking on your link that is located on your website or has been submitted to a third-party search engine) for you to be compensated for a transaction);
• Overwrite any previously set publisher’s cookies other than your own;
• Attempt to intercept or re-direct traffic to or from, or divert referral fees to or from, any website that participates in the Program, any Advertiser’s websites, any Competitor (as defined solely by Deckers Outdoor) Website or any other website;
• Record or document any information on any Advertiser customers or keep a copy of any of the names or associated data generated through the Program via cookies or other software, whether such software has been approved by Advertiser or otherwise, or through any other method. Advertiser retains sole and exclusive rights to this data;
• You may not distribute your links to other affiliates in your network;
• Using any technique in which the content presented to the search engines is different than what is presented to those browsing the site;
• Mimicking our site in any way including plagiarizing content directly from our site without our explicit permissions; and
• Bidding on SEM trademarked keywords including but not limited to:
• Ugg
• Ugh
• Ug
• Uggz
• Uggs
• UGG Australia
• UGGS
• UGGs
• UGG Boots
• Ugg Boots
• Page Titles cannot use Advertiser trademarked terms in combination with any other shoe or boot related terms (i.e. “UGG boots”, “UGG shoes”).
11. ELECTRONIC COMMUNICATION ACTIVITIES
All mass electronic Internet communication currently available (e.g., emails, newsletters, instant messaging, internet radio broadcasts, social networking sites etc.) or any electronic internet communication technologies developed in the future containing Advertiser Content or Advertiser and its holdings’ trademarks or promoting Advertiser, must be pre-approved in writing by Advertiser . Please contact Advertiser by email for more information on using mass electronic communications and or mass print communications in conjunction with your participation in the Program.
In addition, under no circumstances shall you send “commercial electronic mail messages” as such term is defined in the federal CAN- SPAM Act of 2003, or as restricted by any future federal, state or local legislation, with respect to the Program. Advertiser reserves the right to correct or reverse any and all compensation related to the content you send via “commercial electronic mail messages”.
12. PRINT COMMUNICATION ACTIVITIES
All print communication developed in the future containing Advertiser or Deckers Outdoor and its holdings’ trademarks or promoting Advertiser or Deckers Outdoor content must be pre-approved in writing by Advertiser. Please contact anders.bergstrom@deckers.comby email for more information about mass print communications in conjunction with your participation in the Program.
13. TERM AND TERMINATION
These Terms and Conditions shall be in effect and legally binding upon you unless and until either party properly terminates these Terms and Conditions. You may terminate these Terms and Conditions at any time by removing Advertiser’s links from your website(s) and terminating your affiliation with Advertiser through the Network Service. Advertiser may terminate these Terms and Conditions for any reason by giving you seven (7) days prior written notice through the Network Services and may elect to have Commission Junction terminate your participation immediately upon your Material Breach of the Publisher Service Agreement or these Terms and Conditions.
14. MODIFICATIONS
Advertiser may modify any provision of these Terms and Conditions by giving you seven (7) days prior written notice through the Network Service. Your continued participation in the Program following Advertiser’s notification of a modification will constitute your legally binding acceptance of such change. If any modification is unacceptable to you, you must terminate your participation in the Program through the Network Service. You agree that your consent is not necessary to modify any of the terms of this agreement.
15. RESPONSIBLITY FOR WEBSITE(S) AND INDEMNIFICATION
You will be solely responsible for the development, operation and maintenance of your website(s) and for all content that appears on your website(s). Advertiser disclaims all liability for matters related to your website(s). Further, you agree to indemnify and hold Advertiser, and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, harmless from all claims, damages, demands and expenses (including, without limitation, any reasonable attorneys’ fees) relating to the development, operation, maintenance and contents of your website, your use of the Advertiser Content and Advertiser and its holdings’ trademarks, your violation of these Terms and Conditions or your violation of any rights of another party. You will permit Advertiser, at its election, to assume and control the defense of any such claim.
16. MISCELLANEOUS
This Agreement will be governed by the laws of the United States and the state of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in California and you irrevocably consent to the jurisdiction of such 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 that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure or agreement not to enforce your strict performance of any provision of this Agreement in a given instance will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
BY APPLYING FOR THE PROGRAM AND CLICKING ON THE “ACCEPT” ICON BUTTON YOU ARE SIGNIFYING YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS TO THE SAME EXTENT AS IF YOU HAD PERSONALLY SIGNED THIS AGREEMENT.
Rules for Proper Use of UGG® trademark
Things To Do:
• Capitalize the entire mark, UGG
• Use the trademark only as an adjective (e.g. UGG boots, UGG footwear, UGG brand), never as a noun, and never in the plural or possessive form (e.g. UGGs or UGG’s).
• UGG is a registered trademark in the U.S. and more than 100 countries throughout the world. The UGG mark should be followed by the symbol ® to identify the term as a registered trademark.
Things You Can't Do
• Don’t pluralize UGG – never use or say UGGs.
• Don’t use the UGG mark in a manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene, illegal, or otherwise objectionable to Deckers Outdoor Corp.
• Don’t incorporate the UGG mark into your own domain name, trade name, trademarks, or logos.
• Don’t modify the UGG trademark. Don’t remove, distort or alter the mark – that includes misspellings such as UGH or UG, or modifying the UGG trademark, such as, hUGGs or LUGGURY.
• Don’t copy or imitate the UGG trade dress, including the look and feel of the UGG website, product designs, graphics, logos, or imagery associated with UGG .
• Don’t adopt marks or logos that are confusingly similar to the UGG brand.
• Don’t use the UGG trademark in a way that suggests a common, descriptive, or generic meaning when talking about any product other than UGG brand footwear.
