These Bambu Lab Terms and Conditions for Affiliates (hereinafter referred to as the "Agreement") are by and between you and Bambulab USA Inc (hereinafter referred to as "Bambu Lab") and apply to your participation in the Program as administered through Bambu Lab's third-party provider, ShareAsale Inc. ("ShareAsale"). This Agreement is effective as of the date Bambu Lab accepts your application into the Program and sets forth the terms and conditions governing the establishment of Links from your Properties to certain Bambu Lab Authorized Properties as further described below.
THIS IS A LEGALLY BINDING AGREEMENT. BY COMPLETING AND SUBMITTING THE ONLINE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
1.Definitions.
"Bambu Lab", "we", "us", or "our" means Bambulab.com or any of its parents, subsidiaries, affiliates, and entities owned or under common control, as applicable.
"Bambu Lab Authorized Properties" means the Bambu Lab Properties that Bambu Lab in its sole discretion determines to be eligible for the Program as communicated to you through ShareAsale.
"Bambu Lab Offers" means Bambu Lab offers, deals, coupons and promotions that Bambu Lab has expressly authorized you to promote on your Properties and that Bambu Lab has provided to you.
"Customers" are persons or entities (other than Affiliates) that are not robots, automated programming, or similar technology that enables clicks through certain links.
"Eligible Product(s)" means the list of Bambu Lab products that Bambu Lab has approved for commission payments under this Agreement, which you may obtain through an affiliate account.
“FTC Guidelines” means administrative interpretations of laws administered by the Federal Trade Commission including Federal Trade Commission guides and disclosures.
"Links" or "Link" means the graphic and textual links that Bambu Lab makes available to you."Licensed Materials" means the Bambu Lab trademark, logo, and other identifying material including but not limited to information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that are associated with us, but only in the forms that we provide to you.
"Program" or "the Program" means Bambu Lab's affiliate program.
"Affiliate, "you" or "your" means the person or entity that is enrolled in and accepted by Bambu Lab as a participant in the Program and bound by the terms of this Agreement.
"Affiliate Properties" or "your Properties" means your website or other presence (including, without limitation, mobile applications, email marketing, forums, apps, social media sites video, and software) owned, operated, used, or distributed by and preapproved by Bambu Lab to link to one or more Bambu Lab Authorized Properties.
2.Enrollment
(a) You must complete an application to participate in the Program. Bambu Lab may accept or reject the application in its sole discretion.
(b) Upon acceptance, you will be provided with a unique Link and Licensed Materials to promote Bambu Lab's products or services.
(c) You agree to promote Bambu Lab in a manner that accurately reflects on Bambu Lab and Bambu Lab’s product. You shall not engage in any untruthful practices or knowingly create or disseminate false or misleading information.
3.Promotion Regulations
(a) During the term of this Agreement, in the event that we make our Licensed Materials available to you, you may use our Licensed Materials as long as you follow the usage requirements in this section. You must: (i) only use Licensed Materials that we make available to you, without altering them in any way; (ii) only use Licensed Materials in connection with the Program and this Agreement; (iii) comply with our Trademark Usage Guidelines; and (iv) immediately comply if we request that you discontinue use. You must not: (i) use our Licensed Materials in a misleading or unaccurate way; or (ii) use our Licensed Materials in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.
(b) You may promote only those Bambu Lab Offers that Bambu Lab has made available to you through ShareAsale. You may not promote any other Bambu Lab offers (e.g., offers in Bambu Lab emails, or those in other partner communications) unless you first obtain written permission from Bambu Lab.
(c) You may not act as or present yourself as a reseller of Bambu Lab, and you may not publicize Links on third-party or reseller sites unless you have the necessary license, right, or permission to do so from such site and you have also obtained our express written preapproval.
4.Email Marketing Policy
(a) The Affiliate may send promotional emails to its subscribers promoting Bambu Lab's products or services, provided that the Affiliate complies with all applicable local, state and federal laws, regulations and rules, including but not limited to the CAN-SPAM Act.(b) You must obtain the recipient's consent before sending any promotional emails, and must include an opt-out mechanism in all promotional emails.
(c) You must not engage in spam email marketing or other unsolicited email marketing tactics for any purpose related to this Agreement.
5.FTC Disclosure Requirements
(a) You must clearly and conspicuously identify yourself as an Affiliate in all promotional materials where a Link occurs, in compliance with the Federal Trade Commission's ("FTC") guidelines for affiliate marketing.
(b) You must clearly and conspicuously disclose that it is being compensated for promoting Bambu Lab's products or services.
(c) You understand and agree that any messaging in contravention of the FTC Guidelines may result in your immediate termination and removal from the Program.Please review the FTC's "Dot Com Disclosures" Guidelines at:https://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf ; the FTC’s “Disclosures for Social Media Influencers: Guidelines at https://www.ftc.gov/tips-advice/business-center/guidance/disclosures-101-social-media-influencers and the FTC's Endorsement Guidelines at https://www.ftc.gov/tips-advice/business-center/advertising-and-marketing/endorsements%2C-influencers%2C-and-reviewsIf you access ShareAsale from outside the United States, you are responsible for complying with all applicable laws and regulations. If any mandatory legal provisions in your location differ from the terms above, such provisions shall take precedence.
6.Social Media Policy
(a) You may promote Bambu Lab on social media platforms, provided that the Affiliate complies with all applicable laws and regulations, as well as Bambu Lab's social media guidelines.
(b) You must not post your Links on Bambu Lab’s social media communities, including but not limited to Facebook, Facebook Group, Twitter, Discord, Reddit, etc. in an attempt to turn those links into affiliate sales.
(c) You must disclose your relationship with us in all social media posts promoting Bambu Lab's products or services.
7.Pay Per Click Bidding Rules
When promoting Bambu Lab via external paid search engines, which may include, but are not limited to, entities such as Google, Yahoo! and MSN, you will comply with the following:
(a) You must not give the impression that you are, or represent, Bambu Lab, through use of phrases such as 'Official Store'.
(b) You must not bid on any of our trademarks and brand names designated by Bambu Lab, including any variations or misspellings thereof for search or content-based campaigns.
(c) You must not target the brand names of any entities that are direct competitors of Bambu Lab, or otherwise engage in marketing practices that are illegal or violate the rights of any third party.
(d) You must ensure that all copy used for search and keyword purposes is appropriate and 100% accurate and does not contain any claims that could be construed to be false or misleading. In addition, you agree to add "bambulab.com," "Bambu Lab", "bambulab", "bambu" and "lab", as negative matches in your search campaigns and to avoid phrase matching.
(e) You agree that, following notice from Bambu Lab or ShareAsale, you will promptly remove any search listing containing copy and/or creative components that Bambu Lab, in its sole discretion, deems inappropriate for any reason.
8.Affiliate Representations and Warranties
You represent and warrant that: (i) you have all sufficient rights and permissions to participate in the Program; and (ii) your participation in this Program will not conflict with any of your existing agreements or arrangements.
You further represent and warrant that: (i) you will ensure that you are compliant with any trade or regulatory requirements that may apply to your participation in the Program (for example, by clearly stating you are a ShareAsale Affiliate on any website(s) you own where you make an Link available); (ii) you will not use any mechanisms to deliver leads other than through an intended consumer. This includes sourcing leads through compilations of personal data such as phonebooks, using fake redirects or other tools or automation devices to generate leads (including but not limited to robots, iframes, or hidden frames), or offering incentives to encourage purchases or signups; (iii) you will not send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading; (iv) you will not transmit any data, send or upload any content containing viruses, worms, Trojan horses, time bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to negatively impact the operation or security of any computer hardware or software.
9.Disclaimer
YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES RELATED TO THE PROGRAM OTHER THAN THE EXPRESS STATEMENTS IN THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL BAMBU LAB BE LIABLE TO YOU UNDER THESE TERMS, UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES RELATED TO THE PROGRAM (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR PROFITS OR LOST BUSINESS AND INCLUDING COSTS ASSOCIATED WITH THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.Term and Termination
(a) This Agreement will apply for as long as you participate in the Program, until terminated.
(b) Both you and we may terminate this Agreement at any time, without the need for prior notice or explanation.
(c) Upon termination or expiration, you will immediately discontinue all use of our Licensed Materials to this Program from your website(s) and other collateral.
11.General
(a) Modification. We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion by providing you notice via ShareAsale by offering new terms and conditions. Modifications may include, but are not limited to, changes in the scope of available commissions and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program by accepting updated terms and conditions will constitute binding acceptance of the change.
(b) Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to principles of conflicts of law thereof. Each of the parties hereto consent to submit to the personal jurisdiction of any federal court located in the State of Texas or any Texas state court in the event any dispute arises out of this Agreement.
(c) Actions Permitted. Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
(d) Relationship of the Parties. Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.
(e) Severability. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
(f) Notices. Notice will be sent to the contact address set forth herein (as such may be changed by notice given to the other party), and will be deemed delivered as of the date of actual receipt.To Bambu Lab: 8000 Centre Park, Suite 330 Austin TX 78754To you: your address as provided in our affiliate account information for you.We may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you.
(g) No Licenses. We grant to you only the rights and licenses expressly stated in this Agreement, and you receive no other rights or licenses with respect to us, the Bambu Lab Products, our trademarks, or any other property or right of ours.
