Gessato - Asterisko LLC Affiliate Terms & Conditions
Please read our Affiliate terms and conditions carefully before you join our program or begin marketing our Affiliate Program. By applying to be an Affiliate, you are agreeing to abide by these terms and conditions if you are accepted into the Affiliate Program, and these terms and conditions constitute an agreement between us and you upon your acceptance into the Program (the “Agreement”). These terms and conditions are written in plain language intentionally avoiding legalese to ensure that they may be clearly understood and followed by Affiliates. Each Affiliate is responsible for assuring that its employees, agents and contractors comply with these terms and conditions. Thank you.
DEFINITIONS As used in these terms and conditions: (i) “We”, “us”, or “our” refers to Asterisko LLC DBA Gessato and our website; (ii) “you” or “your” refers to the Affiliate; (iii) “our website” refers to the Gessato properties located at http://shop.gessato.com; (iv) “your website” refers to any websites that you will link to our website; (v) “Program” and “Affiliate Program” refer to the Gessato Affiliate Program.
ENROLLMENT After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. Please allow up 48 hours for your application to be reviewed. We reserve the right to reject any application; 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.
WEBSITE RESTRICTIONS
Your participating website(s) may not:
Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights.
Violate any law, rule or regulation.
Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to or may damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
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.
LINKING TO OUR WEBSITE
Upon acceptance into the Program, links will be made available to you through the Affiliate interface. Your acceptance in our program means you agree to and will abide by the following.
You will only use linking code obtained from the Affiliate interface without manipulation.
All domains that use your Affiliate link must be listed in your Affiliate profile.
Your website will not in any way copy, resemble, or mirror the look and feel of our website. You will also not use any means to create the impression that your website is our website or any part of our website including, without limitation, framing of our website in any manner.
You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
Your website may not use redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.
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.
PAY PER CLICK GUIDELINES
If you are enrolled in our Program and participate in Pay Per Click (“PPC”) advertising, 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, MSN, Yahoo or any other network.
You may not use our Trademarked Terms in sequence with any other keyword (i.e. Gessato Coupons).
You may not use our Trademarked Terms in your ad title, ad copy, display name or as the display URL.
You may not directly link to our website from any PPC ad or use redirects that yield the same result. Affiliates must be directed to an actual page on your website.
You may not bid in any manner appearing higher than Gessato for any search term in position 1-5 in any auction style PPC 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. We reserve the right to add additional terms to our Trademarked Terms at any time, and you agree to comply with these terms and conditions, including the above guidelines, for any such additional Trademarked Terms
COUPON GUIDELINES
If you are enrolled in our Program and your website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
You may ONLY advertise coupon codes that are provided to you through the Affiliate Program or network or that are displayed on our website(s).
Posting any information about how to work around the requirements of a coupon/promotion (i.e., first time customers only) will result in your removal from the Program.
Coupons must be displayed in their entirety with the full offer, valid expiration date and code.
You may NOT use any technology that covers up the coupon code and generates the Affiliate click by revealing the code(s).
You may NOT advertise coupon codes obtained from our non-Affiliate advertising, customer e-mails, paid search, or any other campaign.
You may NOT give the appearance that any ongoing offer requires clicking from your website in order 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 words such as 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. The current rate is 2%.
DOMAIN NAMES
Use of any of our Trademarked Terms as part of the domain or sub-domain for your website is strictly prohibited i.e. gessato.website.com or www.gessato-coupons.com, etc.
ADVERTISING & PUBLICITY
You shall not create, publish, distribute, or print any written material that makes reference to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:
Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of Gessato.
E-mails must first be submitted to us for approval prior to being sent or we must be sent a copy of the e-mail.
SOCIAL MEDIA
Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:
You ARE allowed to promote offers to your own lists; more specifically, you’re welcome to use your Affiliate links on your own Facebook, Twitter, etc. pages. For example: You may post, “25% off sale at Gessato through Wednesday with code Gessato25.”
You ARE PROHIBITED from posting your Affiliate links on Gessato’s Facebook, Twitter, etc. company pages in an attempt to turn those links into Affiliate sales.
You ARE PROHIBITED from running Facebook ads using the Trademarked Terms.
OPERATIONS OUTSIDE UNITED STATES
If 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 POLICY
Gessato 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.
You are not forthcoming, intentionally vague or are found to be lying.
You are not responsive within a reasonable time period and after multiple attempts to contact you with information listed in your network profile.
You cannot substantiate or validate the source of your traffic to our Program with clear and demonstrable proof.
If any of the above are applicable, 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 our Program rules.
FTC DISCLOSURE REQUIREMENTS
You shall include a disclosure statement within any and all pages/posts where Affiliate links for our Affiliate 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 as close as possible to the claims.
Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g., the disclosure should be visible before the jump).
Pop-up disclosures are prohibited.
You shall comply with all FTC disclosure requirements. 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 ; and the FTC's Endorsement Guidelines at http://business.ftc.gov/advertising-and-marketing/endorsements
RELATIONSHIP OF PARTIES
You and we are independent contractors, and nothing in this Agreement, these terms and conditions or the Affiliate Program in general creates an agency, franchise, partnership, sales representative or employment relationship. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement that will reasonably contradict anything in this section.
TERMINATION OR REVISION OF THE AFFILIATE PROGRAM
We reserve the right to terminate or revise the Program at any time, including by providing a change notice, a revised Agreement, revised terms and conditions, or revised documentation of the Program.
LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOSS OF REVENUE, PROFITS, GOODWILL, USE OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT, THESE TERMS AND CONDITIONS, THE PROGRAM, THE DOCUMENTATION, THE GESSATO SITE, OR THE SERVICE OFFERINGS (AS DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES; FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.
DISCLAIMERS
THE PROGRAM, GESSATO WEBSITE, ANY PRODUCTS OFFERED ON GESSATO WEBSITE, ANY SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, GESSATO.COM DOMAIN NAME, OUR AND OUR AFFILIATES’ TRADEMARKS AND LOGOS (INCLUDING THE GESSATO MARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE "SERVICE OFFERINGS") ARE PROVIDED "AS IS" NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM, THESE TERMS AND CONDITIONS, PROGRAM CONTENT, OPERATIONAL DOCUMENTATION, OR THE GESSATO SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT, THESE TERMS AND CONDITIONS, OR YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY TERMINATION OR MODIFICATION OF THE PROGRAM, THIS AGREEMENT, THESE TERMS AND CONDITIONS OR YOUR PARTICIPATION IN THE PROGRAM.
GOVERNING LAW
This Agreement shall be construed and governed by the laws of the State of New York, without regard to principles of conflicts of laws. The parties hereby submit to the personal jurisdiction of, and agree that any legal proceeding with respect to or arising under this Agreement shall be brought solely in the state courts of New York for the County of Kings, if such court has subject matter jurisdiction. Notwithstanding anything to the contrary in this Agreement, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights. You further acknowledge and agree that our intellectual property and proprietary rights are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.
MISCELLANEOUS
BY SUBMITTING YOUR APPLICATION YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND YOU FURTHER AGREE THAT BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING OUR POSTING OF ANY CHANGE NOTICE, REVISED AGREEMENT, REVISED TERMS AND CONDITIONS, OR REVISED DOCUMENTATION, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, AS AMENDED BY ANY SUCH CHANGE NOTICE, REVISED AGREEMENT, REVISED TERMS AND CONDITIONS, OR REVISED DOCUMENTATION, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS AND THAT YOU WILL REMAIN IN COMPLIANCE WITH THIS AGREEMENT.
