Bluethumb

BLUETHUMB AFFILIATE TERMS OF SERVICEUpdated 14 September, 2023Please read our affiliate terms and conditions carefully before you join our program or begin marketing our program. Each Affiliate is responsible for assuring that its employees, agents and contractors comply with these terms and conditions. Affiliate terms and conditions are subject to change. Thank you.INTRODUCTIONThese Terms of Service (“Terms of Service”) set forth the terms and conditions that apply to you (the “Affiliate” or “Affiliates”) and your membership in the Bluethumb Affiliate Program ("Program"). The Program is operated and offered by Bluethumb Art ("Bluethumb").Bluethumb reserves the right to update and change these Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools or resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes. In such an event, an attempt will be made to inform you of the changes, but you are ultimately responsible for being aware of the current Terms of Service.Violation of any of the terms below will result in the termination of your membership in the Program and forfeiture of any outstanding affiliate commission payments earned during the violation.ELIGIBILITY• All information provided by an affiliate to register for an account must be correct and current.• Affiliates must be at least eighteen (18) years of age. No Affiliate may submit to Bluethumb, or collect on its behalf, any personal information of children under thirteen (13) years of age.• One person or legal entity may not maintain more than one account.• One person or legal entity is responsible for all activity that occurs under its account (even ifactivity is performed by others that work for you or who have accounts under your account).• Coupon affiliates are accepted on a case by case basis, but currently the Program is closed fornew coupon affiliate applications. Please contact Program management for more information.ENROLLMENTAfter receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. Please allow up to 48 hours for your application to be reviewed. We reserve the right to reject any application for any reason, however we encourage you to contact us if you feel we have made an incorrect decision. Including all of the websites that you use in your profile will help us make a better decision.Publishers who are being compensated on a CPA commission model basis will be compensated based on a last click attribution method for sales transactions. Transactions will be adjusted to reflect order cancellations and any refunded portions.WEBSITE RESTRICTIONSYour participating website(s) may not:1. Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights.2. Violate any law, rule or regulation.3. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.4. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.5. Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions and add-ons.6. Make any representations or warranties concerning Bluethumb, its affiliates or any of their products or services, except as expressly published by Bluethumb.7. Use any statements in their advertising that denigrate the reputation of Bluethumb, its affiliates or any of their products.8. Disparage Bluethumb,, its affiliates, the Bluethumb, website, or any Bluethumb,affiliated products including, without limitation, referring to Bluethumb, and using the words "scam", "rip-off", or any words with a similar or associated meaning in any advertisement or website copy.9. Place any advertisements on any online auction platform (i.e. eBay, Amazon, etc), bulletin board system (vBulletin, newsgroups), chat room, Desktop software, or "pop-up" or "pop-under" window.10. Publish or link to Bluethumb, from adult, gambling or offensive websites.11. Affiliates are only permitted to promote only those coupons they receive in officialcommunication via the affiliate channel.Creative, Imagery and Assets:1. You may use the creative assets provided within the Bluethumb platform. All digital banner ads must run as they are produced and not altered, other than for minor size adjustments.2. Images may be taken from the creative and asset library. You may use product images from the Bluethumb site, but not modify other than for sizing.3. Media Partner may not use any Bluethumb intellectual property for other brands unless authorized by Bluethumb.LINKING TO OUR WEBSITEUpon acceptance into the Program, links will be made available to you through the affiliate interface. You are solely responsible for ensuring that an affiliate link is set up correctly. Bluethumb is not responsible for your failure to receive any Commission due to the incorrect formatting or configuration of affiliate links. Your acceptance in the Program means you agree to and abide by the following.1. You will only use linking codes obtained from the affiliate interface without manipulation.2. All domains that use your affiliate link must be listed in your affiliate profile.3. Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. Youwill also not use any means to create the impression that your Website is our Website or anypart of our Website including, without limitation, framing of our Website in any manner.4. You may not engage in cookie stuffing or include pop-ups, false or misleading links on yourwebsite. In addition, wherever possible, you will not attempt to mask the referring urlinformation (i.e. the page from where the click is originating).5. Using redirects to bounce a click off of a domain from which the click did not originate in orderto give the appearance that it came from that domain is prohibited.6. You may not use any Bluethumb trademarked terms or misspellings of trademarked terms to re- direct traffic through an Internet Service Provider (ISP) to a page on your website or the Bluethumb website without written approval from Bluethumb.7. Any form of redirect links via paid search or other efforts is strictly prohibited and any partner found violating will be removed from the program.8. Partners must use Bluethumb logos provided in the Impact platform.If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using “out” redirects from the same domain where the affiliate link is placed.DOMAIN NAMESUse of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibitedADVERTISING & PUBLICITYYou shall not create, publish, distribute, or print any written material that makes reference to the Program without first submitting that material to us and receiving our prior written consent. If you intend to promote the Program via e-mail campaigns, you must adhere to the following:1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to the Program.2. E-mail must be sent on your behalf and must not imply that the e-mail is being sent onbehalf of Bluethumb.3. E-mails must first be submitted to us for approval prior to being sent or we must be sent acopy of the e-mail.PPC GUIDELINESPaid search with Bluethumb trademark/brand names is strictly prohibited and any transaction found to be using search trademarks will be rejected. If you are enrolled in the Program and participate in PPCadvertising, 1.2. 3. 4. 5.you must adhere to our PPC guidelines as follows:You may not bid on any of our trademarked terms (which are identified below), including any variations or misspellings thereof for search or content-based campaigns on Google, Bing, Ask, MSN, Yahoo, Facebook, Instagram, TikTok or any other network or search engine.You may not use our trademarked terms in sequence with any other keyword.You may not use our trademarked terms in your ad title, ad copy, display name or as the display URL.You may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result. Affiliate links must be directed to an actual page on your website.You may not bid in any manner appearing higher than Bluethumbfor any search term in position 1-5 in any auction style pay-per-click advertising program.If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your program and we strongly suggest you add our trademarked terms as negative keywords. We have a strict no tolerance policy on PPC trademark bidding. You will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning if you engage in PPC trademark bidding that uses our trademarked terms.Direct linking is NOT allowed.COUPONSIf you are enrolled in our Program and your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:1. You may ONLY advertise coupon codes that are provided to you through the affiliate program.2. Posting any information about how to work around the requirements of a coupon/promotion (iefirst time customers only) will result in removal from the program.3. Coupons must be displayed in their entirety with the full offer, valid expiration date and code.4. You may NOT use any technology that covers up the coupon code and generates the affiliateclick by revealing the code(s).5. You may NOT advertise coupon codes obtained from any non-affiliate marketing channel,including coupon codes from our email, paid search or any other non-affiliate advertisingcampaigns.6. You may NOT give the appearance that any ongoing offer requires clicking from your website inorder to redeem. For example, if all items on the site have free shipping over $100, you may not turn this into an offer that infers that the customer must click from your site to get this deal.Additionally, if your website ranks on the first page of Google for terms related to our website or company name(s) combined with the words coupon, coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders.COUPON ATTRIBUTION & AUTHENTICATIONAffiliates whose primary business is posting coupons, who are viewed by the program as being a coupon site, and/or who are tagged as coupon in our system, may not be paid commissions for sales generated without a corresponding valid coupon code. Valid codes are defined as codes that are made available to the affiliate channel in general, through newsletters or the Deals Database in Impact, and directly or privately to affiliates. Coupon codes that are not real, expired, not specific (i.e. up to 40% off sale items) or are long-term sitewide offers that do not require a code may not considered valid codes and the affiliate will not be given commission on these orders.PROMO CODE DISTRIBUTIONPartners who are provided unique promotion codes for their program may only distribute those codes through their own specific channels and are prohibited from distributing any promotion codes onto other third-party sites.Affiliate publishers will not receive credit for any transactions that include promotion codes that begin with the prefix “RBC” or “ABC” or for codes that are excusive to other partners. Promotional codes that issued for select audiences such as Influencers, Ambassadors, Customer Service, and any other channels outside of affiliate are not eligible for commission and will be assigned a 0% payout.Partners may not disclose any details of promotional programs including the promotion codes, discounts, offer details, etc. prior to the actual start date of any promotion. SOCIAL MEDIAPromotion on Facebook, Instagram, TikTok Twitter, and other social media platforms is permitted following these general guidelines:1. You ARE allowed to promote offers to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Instagram, TikTok, Twitter, etc. pages.2. You ARE PROHIBITED from posting your affiliate links on Bluethumb Facebook, Instagram, TikTok, Twitter, Pinterest, etc. company pages in an attempt to turn those links into affiliate sales.3. You ARE PROHIBITED from running Facebook, Instagram, TIkTok ads with Bluethumb’s trademarked company name.4. You ARE PROHIBITED from creating a social media account that includes Bluethumb’s trademark in the page name and/or username.SUB-AFFILIATE NETWORKSPromoting Bluethumb through a sub-affiliate network is permitted, however you must be completely transparent with regards to where traffic from your sub-affiliates originated. Sub-affiliate networks must ensure that all sub-affiliates promoting the Program adhere to our Program terms and conditions. This includes restrictions on advertising through toolbars, browser extensions, and through any paid placements such as a pay-per-click campaigns. Sub-affiliate networks must also receive approval prior to allowing any type of coupon sub-affiliate to promote the Program.Failure to comply with our sub-affiliate network terms may result in a loss and/or reduction of commission from sales made through any sub-affiliate that does not comply with the Program terms.FTC DISCLOSURE REQUIREMENTSYou must include a disclosure statement within any and all pages, blog/posts, or social media posts where affiliate links for the Program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or from the affiliate management team for review, this also must be clearly stated in your disclosure.Disclosures must be made at the beginning of the claims and may not appear solely in a “Terms of Use”, “Legal”, “About Us” or other linked page.Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g. disclosure should be visible before the jump).Pop-up, hover state and button disclosures are prohibited.Disclosure policy applies to all social media, even when space is restricted (e.g., tweets) Disclosures should be made in the same medium as the claim (e.g. video, text)For more information about FTC disclosure requirements, please review the FTC's "Dot Com Disclosures" Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf (example 21); and the FTC's Endorsement Guidelines at http://business.ftc.gov/advertising-and-marketing/endorsementsIf you engage in so called “native advertising”, you further agree to comply with the FTC’s Enforcement Policy Statement on Deceptively Formatted Advertisements at https://www.ftc.gov/system/files/documents/public_statements/896923/151222deceptiveenforcemen t.pdf and the related guidelines.OPERATIONS OUTSIDE UNITED STATESIf you are conducting business in or taking orders from persons in other countries, you will follow the laws of those countries. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive if you are conducting business in or taking orders from persons in one or more of the European Union countries.REVERSAL & COMMUNICATION POLICYBluethumb takes pride in its very low reversal rate, which we attribute to open communication with our affiliates. However, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and Program violations as outlined in these terms and conditions.Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.1. You are not forthcoming, intentionally vague or are found to be lying.2. You are not responsive within a reasonable time period and after multiple attempts tocontact with information listed in your network profile.3. You cannot substantiate or validate the source of your traffic to the Program with clear anddemonstrable proof.If any of the above apply, then we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the Program for the period or orders in question. We know that many violations are a result of automated processes; however, it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to pro-actively address these issues and adhere to the Program rules.TERM AND TERMINATIONThe term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party.Either Bluethumb or the Affiliate may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.Upon the termination of this Agreement, you will immediately cease use of, and remove from your site, all affiliate links to Bluethumb, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Bluethumb, at its sole discretion, reserves the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Bluethumb service, for any reason at any time. Furthermore, if the termination was due to a violation of this Agreement, such termination will result in the forfeiture and relinquishment of all potential or to-be-paid commissions.You hereby grant to Bluethumb and its affiliates a perpetual, non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, distribute, modify, prepare derivative works of and display your postings and any content contained therein, which have been created by you pursuant to this mission (collectively, the “Content”), in connection with Bluethumb’s and its affiliates’ businesses in and through any media formats and channels. You acknowledge and agree that you will not be attributed as the author of the Content in connection with the foregoing use.TERMS OF USEYou hereby grant to Bluethumb and its affiliates a perpetual, non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, distribute, modify, prepare derivative works of and display your postings and any content contained therein, which have been created by you pursuant to this mission (collectively, the “Content”), in connection with Bluethumb’s and its affiliates’ businesses in and through any media formats and channels. You acknowledge and agree that you will not be attributed as the author of the Content in connection with the foregoing use.License and Release. Service Provider hereby grants to Bluethumb and its affiliates a perpetual, non- exclusive, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, distribute, modify, prepare derivative works of and display the Content in connection with Bluethumb’s and its affiliates’ businesses in and through any media formats and channels. Service Provider hereby provides consent to Bluethumb to use, reproduce, exhibit or distribute Service Provider’s name and likeness, in whole or in part, in perpetuity in connection with the Content and Bluethumb’s and its affiliates’ businesses in and through any media formats and channels. Service Provider hereby releases Bluethumb and its affiliates from and against any and all claims, demands, actions, causes of actions, suits, costs, expenses, liabilities, and damages whatsoever that Service Provider may hereafter have for violation of any personal or proprietary right Service Provider may have in connection with such use of his or her name or likeness. Service Provider has read and fully understands the terms of this release. Service Provider waives his moral rights to the fullest extent permitted by applicable law. By way of illustration and not limitation, this waiver includes the paternity and integrity rights of the Content. The Service Provider understands that pursuant to the market’s customary practices his name may not appear in the Content used by Bluethumb.Miscellaneous. The Service Provider is strictly an independent contractor and not an employee or agent of Bluethumb. This Agreement, including the attachment, constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral. Any amendment or modification of this Agreement must be in a writing signed by each party.