PrintPapa Affiliate Program Special Terms and Conditions Special Terms & Conditions 1. Overview. A. PrintPapa, operates the www.PrintPapa.com origination website. As part of its website, PrintPapa offers the PrintPapa Affiliate Program (" Program "), through which approved companies operating their own websites and/or subscription email services (" Publishers ") are granted a limited, non-exclusive right to: ( i ) advertise and promote PrintPapa and the PrintPapa.com website in a manner in compliance with this Agreement and the Publisher Service Agreement between Publisher and ShareASale, Inc. (“ SAS ”), (ii) post or circulate an approved graphical or textual internet hyper-link (“ Link ”) to the PrintPapa.com website, and (iii) direct visitors to the Publisher's website to the website (the specific URL) designated by PrintPapa (“ Destination Site ”). Each of PrintPapa and Publishers are parties to agreements with SAS and are participants in the SAS Network (the “ SAS Program ”). This Agreement provides terms and conditions applicable to your membership in the Program that are in addition to terms and conditions that you have agreed to pursuant to your Publisher Service Agreement with SAS (“Publisher Service Agreement”). Any capitalized term herein that is not defined shall have the same meaning as in the Publisher Service Agreement. The terms and conditions of the Publisher Service Agreement shall remain in effect, and this Agreement and the Publisher Service Agreement, together, shall constitute the entire Agreement between PrintPapa and Publisher. The terms of the Publisher Service Agreement shall apply with respect to this Agreement (e.g. the termination provisions). If there is a conflict between this Agreement and the Publisher Service Agreement, the Publisher Service Agreement shall control. 2. Approval. A. Participation in the Program is subject to PrintPapa’s approval. Company will have the option of approving or declining the application for any reason or no reason. If approved, the Publisher must acknowledge its acceptance of these Terms and Conditions by clicking-through the acceptance button on this Web page thereby assenting to the Standard Terms and Conditions of the Program between PrintPapa and Publisher (also referred to as this “Agreement”). This Agreement shall apply only to approved Publishers who accept the Standard Terms and Conditions of the Program and only Publishers who accept this Agreement may participate in the Program. B. Other than the payment of the commission, Publisher shall have no claims to any additional compensation, commissions or business derived by or through a Destination Site. C. Participation in the Program does not constitute an employment, broker or agency relationship between Publisher and PrintPapa nor does it create any partnership, joint venture, franchise, or sales representative relationship between the parties. 3. Restrictions. A. Publisher shall not assign, transfer or delegate its obligations under this Agreement, either in whole or in part, without the prior written consent of PrintPapa. Any attempted assignment, transfer or delegation in violation of the provisions of this provision will be void. B. Publisher shall not bid on any word, keyword or term that contains PrintPapa’s registered or unregistered trademark; any word, keyword or term which is a variation of such registered or unregistered trademark; or any other word, keyword or term that is likely to cause confusion regarding Publisher’s affiliation with PrintPapa. Examples of prohibited words, keywords and terms include, but are not limited to the following: PrintPapa, PrintPapa.com, PrintPapa.org, PrintPapa.net, PrintPapa whether standing alone or as part of a longer keyword (e.g., PrintPapa Coupons, PrintPapa Business Cards, PrintPapa promotions, etc.). The foregoing list is for guideline purposes only and is not a complete list of words, keywords or terms which infringe or may infringe on PrintPapa’s trademarks. C. Publisher shall not advertise or promote PrintPapa advertisements that are misleading and/or which claim inflated discounts, in PrintPapa’s sole discretion. Publisher may only advertise or promote advertisements which state the actual discount that a visitor may derive by clicking on a Link. Publisher shall not advertise PrintPapa’s products by taking into account a coupon price without prominently noting that a coupon is being applied to achieve a lower product price. D. Publisher shall not “frame” the Destination Site so that it appears to viewers of Publisher’s website that such viewer is viewing the Destination Site. Publisher shall not do anything to its website or any website it controls that makes such website appear as though it is the Destination Site. E. Publisher shall not issue any press release which mentions or discusses PrintPapa except upon prior written consent of PrintPapa. F. Publisher shall not alter PrintPapa’s logos. If a custom size is required for Publisher’s website, Publisher may send PrintPapa a request. G. Publisher shall not take any action PrintPapa reasonably determines in its sole discretion is inconsistent with its policies, practice, business, marketing and preferences. Publisher shall comply with all of PrintPapa’s reasonable requests. 4. Additional Terms. A. The provisions of this Agreement are severable. If any provision of this Agreement, or the application thereof to any person or circumstance, shall be deemed invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect the other provisions of this Agreement that can be given effect. B. No delay or failure by PrintPapa in exercising any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right. C. The rights and remedies of PrintPapa are not mutually exclusive; that is, the exercise of one or more of the provisions hereof shall not preclude the exercise of any other provision hereof. Publisher acknowledges, confirms, and agrees that damages may be inadequate for a breach or a threatened breach of this Agreement by Publisher and, in the event of a breach or threatened breach of any provision hereof by Publisher, PrintPapa’s rights and Publisher's obligations hereunder may be enforceable by specific performance, injunction, or other equitable remedy. D. By applying to the Program, using the automatic facility located on the SAS Network Service, and by clicking–through the acceptance button to this Agreement, Publisher executes, accepts, enters into, and becomes party to this Agreement, effective on the date of such acceptance to this Agreement. E. PrintPapa reserves the right to modify the terms and conditions of this Agreement in its sole discretion upon seven (7) days prior written notice to Publisher. If any modification is unacceptable to Publisher, Publisher's sole recourse is to terminate this Agreement. Publisher's continued participation in the Program after notice of modification to the terms and conditions of this Agreement constitutes Publishers binding acceptance to the change. F. Publisher acknowledges that commissions will not be paid on orders that occur outside of the PrintPapa website domain (www.PrintPapa.com and all subdomains). This includes orders placed and/or paid for by phone and Paypal Checkout. G. Official notices to PrintPapa should be sent to: PrintPapa, 1920 Lafayette Street, Unit L, Santa Clara, CA 95050 Attention: Affiliate Marketing. H. PrintPapa reserves the right to void any commissions made to the Publisher if we find out that the Customer opened duplicate account with a different email address just to apply a coupon code which is meant to be used only once per customer. I. PrintPapa will not pay any commissions on orders which are custom quoted. These kind of orders account for around 10% of our order volume. This is mainly because of the complex nature of the quoting and pricing we have to do for custom jobs. BY APPLYING FOR THE PrintPapa AFFILIATE PROGRAM AND CLICKING ON THE “ACCEPT” ICON BUTTON YOU (THE “PUBLISHER”) ARE SIGNIFYING YOUR AGREEMENT TO BE PRESENTLY BOUND BY THE TERMS OF THIS AGREEMENT TO THE SAME EXTENT AS IF YOU HAD PERSONALLY SIGNED THIS AGREEMENT. |