DECKERS CONSUMER DIRECT AFFILIATE PROGRAM SPECIAL 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 Awin 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 sTeva®est 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 Teva® 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 “Teva” (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 Teva.com website or any other Deckers’ trademark
- Changing the Teva® 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@teva.com.
6. UNACCEPTABLE WEB SITES
Websites you promote our products on are not auction, classifieds, gambling, pornography, incentive, or counterfeit TEVA® 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 Teva® brand style names in their URL. Examples of this include, but are not limited to:
· Teva
· Teeva
· Tiva
· Tevas
· Tevas sandals
· Teva Footwear
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 (Teva TEVA®, Teva, Teva Footwear, Teva Sport Sandals and Teva Sandals, 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:
• Teva®
• Teva®z
• Teva®s
• Teva
• TEVA®S
• TEVA®s
• TEVA® Boots
• Teva® Boots
• Page Titles cannot use Advertiser trademarked terms in combination with any other shoe or boot related terms (i.e. “Teva sandals”, “Teva shoes”).
