Great American Masquerade, Gag, Gift and gadget shop AKA DBA AbracadabraNYC.com Affiliate Terms & Conditions By participating in our program you agree to abide by our policy, terms and conditions. Additionally, each affiliate is responsible for assuring that its employees, agents, and/or contractors comply. DEFINITIONS As used in these terms and conditions: (i) “We”, “us”, or “our” refers to AbracadabraNYC.com; (ii) “you” or “your” refers to the Affiliate; (iii) “our website” refers to http://www.AbracadabraNYC.com; (iv) “your website” refers to any websites that you will link to our website; (v) “Program” refers to the AbracadabraNYC.com Affiliate Program. ENROLLMENT After we receive your application, we will review your website and notify you of your acceptance or rejection into our program. We review applications daily but please allow up to 3 days for your application to be review. We reserve the right to reject any application; however we encourage you to contact us if you feel we have made an incorrect decision. Please include all of your websites in your profile to help us make a better informed decision. Approved affiliates will receive banner ads, text ads, and product feeds that can be placed on their websites. Any time a visitor clicks on one of these ads and completes a sale on AbracadabraNYC.com, the affiliate will be paid commission on the value of the products in the sale after any promotions or discounts have been subtracted. Affiliates do not earn commission on sales tax or shipping fees.WEBSITE RESTRICTIONS Your 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. By joining the Program, affiliates agree to abide by all the rules and regulations set forth in this agreement. In addition, the following activity is not allowed by any affiliate:- Creating website content that duplicates content on AbracadabraNYC.com, including product descriptions- Creating unauthorized tracking feeds to submit to external sources- Creating a website that mirrors the look and feel of AbracadabraNYC.com- Advertising any unauthorized coupon codes- Masking URLs that point to AbracadabraNYC.comLINKING 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 abide by the following: 1. All domains that use your affiliate link must be listed in your affiliate profile. 2. 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. 3. 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). 4. Using 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. PPC GUIDELINES If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows: 1. You may not bid on any of our branded 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. 2. You may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result. Affiliates must be directed to an actual page on your website. 3. You may not bid in any manner appearing higher than AbracadabraNYC.com for any search term in position 1-3 in any auction style pay-per-click advertising program (unless exclusive rights are negotiated). If you automate your PPC campaigns, it is your responsibility to exclude our branded terms from your program and we strongly suggest you add our branded terms as negative keywords. Your commission may be set to 0% without warning if you engage in PPC bidding that uses our branded terms. 4. No direct linking allowed. All SEM efforts must be from website to website. Branded terms included but not limited to: [AbracadabraNYC.com] [AbracadabraNYC] [Abracadabra.com] [NYC Abracadabra] [NYCAbracadabra]COUPON/LOYALTY GUIDELINES If 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 or network or that are displayed on our website(s). 2. Coupon sites must also follow the PPC Guidelines stated above and are not allowed to bid on any TM+ coupon/discount terms without permission from AbracadabraNYC.com and the promotional ad MUST be targeted to the coupon site. 3. No direct linking allowed. All SEM efforts must be from website to website. EMAILS GUIDELINES 1. E-mails must be sent on your behalf and must not imply that the e-mail is being sent on behalf of AbracadabraNYC.com Failure to adhere to these guidelines may result in lowered commissions to 0% or termination. SOCIAL MEDIA Promotion on Facebook, Twitter, Instagram, Pinterest and other social media platforms is permitted following these general guidelines: 1. You ARE allowed to promote offers to your own page/list; more specifically, you’re welcome to use your affiliate links on your own Facebook, Twitter, etc. pages. 2. You ARE PROHIBITED from posting your affiliate links on AbracadabraNYC.com’s Facebook, Twitter, etc. company pages in an attempt to turn those links into affiliate sales. TRANSACTION REVERSALSAffiliates will not receive commission on the following sales:- Orders that are returned- Orders that are canceled- Orders that are deemed fraudulent- Orders that cannot be verified- Orders that were obtained through prohibited means as outlined in this agreement- Orders that are believed to have been placed by the affiliate- Orders in which the customer used a coupon code that was not an authorized affiliate couponEven though a affiliate's account may have already been credited with a sale, if any of the conditions above apply, or if a transaction is reversed for any other reason, the commission value from that sale will be deducted from the affiliate's account.AFFILIATE NEXUS POLICY By submitting an application to participate in this Affiliate Program, you represent, warrant, covenant and agree that (1) all information that you provide to us or our Affiliate Partner in connection with your participant application and/or in connection with your participation in this Affiliate Program is true, complete and accurate, (2) you have all necessary rights and authority to lawfully enter into this Agreement and perform your obligations hereunder, (3) this Agreement will constitute a legal, binding and enforceable agreement against you in accordance with the terms and conditions herein, (4) your execution and performance hereunder will not conflict with or result in a breach or violation of any other agreement, arrangement or understanding to which you are bound, and (5) if you are a corporation or other legal entity, the person agreeing to this Agreement on behalf of that corporation or entity is authorized and lawfully able to bind such company or entity to this Agreement. If you are located or operating in Idaho, Missouri, or Virginia, you may not participate in this Affiliate Program at this time. If you are located or operating in California you must complete and submit to us an Annual Certification of No Solicitation. Further, New York affiliates must not engage in prohibited solicitation activities in their respective jurisdictions that refers potential customers to the Merchant Website. DISCLAIMER By submitting your application you agree to the terms and conditions of the agreement, or by continuing to participate in the program following our posting of a change notice, revised agreement, or revised documentation, you agree to be bound by this agreement, acknowledge and agree that you have independently evaluated participating in the program.
