SIDESHOW AFFILIATE PROGRAM TERMS OF AGREEMENT
Revised November 2022
Please read our affiliate terms of Agreement carefully before you apply to our Program or start
advertising on behalf of Sideshow.
Definitions: As used in the following Affiliate Terms of Agreement, "we," "us," or "our" refers
to Sideshow and its websites. "You" or "your" refers to the Affiliate. The "Program" refers to the
Sideshow Affiliate Program.
ENROLLMENT IN THE SIDESHOW AFFILIATE PROGRAM
After receiving your application, we will review your Website and notify you of your acceptance
or rejection into our Program. We reserve the right to reject any application at our sole discretion
if we feel your Site or associated channel is unsuitable for our Program. Unsuitable sites may
include but are not limited to, sites that:
* Contain content that is not appropriate or relevant to Sideshow and its products.
* Are primarily a link or banner farm that contains little to no content.
* Promote sexually explicit materials, discrimination, illegal activities, violence, or
anything similar.
* Promote third-party and/or unlicensed products.
* Promote grey market practices, including, but not limited to, the promotion of online
resources, entities, social outlets, and stores that bypass Sideshow exclusive distribution.
* Do not comply with this Sideshow Affiliate Agreement.
By participating in the Program, you agree that you will not engage in such activities. If we
reject your application, you are welcome to re-apply to the Program at any time. You should also
note that if we accept your application and your Site is determined (in our sole discretion) to be
unsuitable for the Program, we may terminate this Agreement (your program contract).
LINKING TO OUR WEBSITE
Once you have been notified that your entity has been accepted into the Program, we will
provide you with tracking links to track visitors directed by you to our Site, which are referred to
as your "Affiliate Links." You may only use Affiliate Links made available to you through our
Program. Your acceptance into our Program means you agree to abide by the following
requirements:
1. You will only use Affiliate Links obtained from the affiliate interface without
manipulation.
2. Your affiliate profile must list all domains, social platforms, channels, or groups using
your Affiliate Link.
3. Your Website will not copy, resemble, or mirror the look and feel of our Website. You
are not permitted to use content created by Sideshow that is not directly available for
download through the Program.
4. You will not alter or remove any watermarks or notices from any content owned by
Sideshow.
5. You will not use any means to create the impression that your Website is our Website or
any part of our Website. This restriction includes, without limitation, framing our
Website in any manner or creating banners or advertisements that mimic Sideshow.com
search, display, multimedia, video, or social ads.
6. Purchasing advertisements that link directly to your Site(s) that could be confused or
compete with Sideshow's ads is strictly prohibited.
7. Cookie stuffing, pop-ups, and false or misleading links are strictly prohibited.
8. You will not attempt to mask the referring URL information (i.e., the page from where
the click originates).
9. Using redirects to bounce a click off a domain from which the click did not originate to
give the appearance that it came from that domain is expressly prohibited. It is a direct
violation of the program terms.
10. You may only place Affiliate Links on sites, channels, or platforms that you own and
manage and are explicitly defined in your Affiliate account. You are responsible for
keeping an accurate representation of your link locations.
Submitting affiliate links to social sharing sites such as Pinterest, Reddit.com, Digg.com,
StumbleUpon.com, or similar websites, is prohibited.
We allow affiliates to place links on their own Facebook page or Twitter feed - but be mindful of
Affiliate best practices in marking your posts as sponsored. You will earn referral fees only for
activity on our Site occurring directly through approved Affiliate Links. We will not be liable to
you concerning any failure by you to use Affiliate Links, including to the extent that such failure
may result in any reduction of amounts that Sideshow would otherwise pay to you according to
this Agreement.
When a customer uses your Affiliate Link, a cookie will be installed. Orders placed during that
visit and up to 15 days afterward will be credited to the referring Affiliate unless the original
cookie is altered, deleted, or overwritten. Sideshow will not be responsible for any loss of
referral fees due to the deletion, alteration, or malfunction of customer cookies. Please note that
Sideshow is not responsible for a customer's trackable settings. Sideshow, at its discretion,
reserves the right to remove affiliate cookies for internal marketing campaigns. This right
includes, but is not limited to, post-order promotional offers, printed mail discounts, and other on
or off-site direct-to-customer campaigns.
Through your participation in the Program, we may receive information from or about visitors to
your Site or communications between your Site and those visitors. You consent to our access to,
receipt, storage, use, and disclosure of all such information, consistent with the policies and
procedures outlined in the Privacy Policy on our Website.
COMMISSION STRUCTURE
You will earn a commission based on Qualifying Revenues according to referral fee schedules
established by us at our sole discretion. "Qualifying Revenues" are revenues derived from our
sales of Qualifying Products, excluding costs for shipping, handling, gift-wrapping, taxes,
service charges, credit card processing fees, customer Reward Point redemption,
coupon/discount redemption, returns, and bad debt. Only products listed as in stock at the time of
the order will earn a commission. The current commission structure is as follows:
* New Customers - 5% of Qualifying Revenues from selling in-stock eligible products priced below $999.99
unless otherwise specified.
* A $100.00 commission cap applies for all orders unless otherwise specified.
* Existing Customers - 5% of Qualifying Revenues from selling in-stock eligible products and 1% of Qualifying Revenues from selling Preorder eligible products
* 0% on waitlist reservations.
After the affiliate link is clicked, affiliates will earn commission on items added to their cart.
However, if products are added to the cart before the affiliate link is clicked, affiliates will not be
paid a commission on those products.
GRAY MARKET
Regarding this Agreement, the terms "gray market" or "grey market" refers to the import and
sale of products that bypass Sideshow's exclusive distribution agreements.
To participate in the Program, you may not promote online resources, eCommerce platforms,
websites, entities, social outlets, and stores that support gray market practices.
UNLICENSED CUSTOMS
"Unlicensed Customs" are statues, portraits, figures, accessories, 2D works of art, digital items,
NFTs, or other similar products produced without the express consent of the entity that owns the
intellectual property rights. To participate in the Program, you may not assist, participate in, or
promote the creation, development, distribution, or sale of Unlicensed Customs. This condition is
a material requirement of Program eligibility. Any Affiliate found in violation may be terminated
immediately and without notice and will lose the right to receive any unpaid referral fees, even if
earned before termination.
Here are some activities we consider a violation of our terms and conditions. Please note that this
list is not complete and serves only to help clarify the issue:
* Renderings, both 2D and 3D, of licensed entities, could be construed as available for sale
via public post or private message.
* Posts/mentions on your associated outlets to solicit unlicensed customs.
* Participation by your affiliate account or individuals associated with your account in the
discussion of unlicensed customs.
* Allowing known unlicensed custom artists, manufacturers, or entities to post freely on
your forum, social feeds, groups, etc.
* Posting imagery or videos of unlicensed custom pieces.
Please note that the Affiliate's responsibility is the burden of proof on whether an item is licensed
and therefore is not subject to this requirement.
PPC (PAY-PER-CLICK) 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 trademarked terms, including any variations or
misspellings thereof, for search or content-based campaigns on Google, Bing, or any
other search engine or network. Bidding on Sideshow's brand name, "Sideshow,"
"Sideshow Collectibles," "Hot Toys," "Let Your Geek Sideshow," "Court of the Dead," "Sideshow
Doll," "Unruly Industries," "Unruly," "Let Your Geek Sideshow," "Atomic Misfit" and
any variations or misspellings are prohibited. In addition, bidding on the Sideshow URL
and any variations or misspellings is forbidden.
2. You may not use our trademark terms in sequence with any other keyword (i.e.,
"Sideshow Coupons," "Sideshow Figures," "Discounts on Sideshow"). Keyword strings
that include our brands or any variations or misspellings are prohibited.
3. You may not use our trademarked terms in your ad title, ad copy, display name, or as the
display URL.
4. You must link directly to your Site. Redirects, or direct-to-merchant linking, to our Site,
are unacceptable.
If you automate your PPC campaigns, the responsibility is yours to exclude our trademark 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. Any Affiliate found
in violation may be terminated immediately and without notice and will lose the right to receive
any unpaid referral fees, even if earned before termination.
EBAY AND AMAZON SALES RESTRICTIONS
You may not use your Affiliate Link on eBay, Amazon, or similar online websites or
marketplaces, including, without limitation, any products, links, banners, or stores on such sites.
You must identify all websites, sales channels, social media platforms, and other venues where
you intend to use your Affiliate Link in your affiliate account.
EMAIL MARKETING
If you intend to promote our Program via email campaigns, you must adhere to the following:
1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) concerning our
Program.
2. Email must be sent on your behalf and must not imply that the email is being sent on
behalf of Sideshow.
3. If you send emails using Affiliate links, Sideshow must receive a copy at
affiliateinfo@sideshow.com.
TERMINATION
Sideshow may terminate your participation in the Program at any time and for any reason, in its
sole discretion, with or without notice.
Suppose Sideshow terminates your participation in the Program for violating any of the terms of
this Agreement, including without limitation for the sale of Unlicensed Customs or violation of
the PPC Guidelines. In that case, Sideshow will cancel all commissions earned during the
violation period, and you waive any right to payment.
Upon termination of this Agreement for any reason, you must immediately stop using Affiliate
Links and remove all Sideshow links and materials from your Website, channels, platforms, or
any other use.
REVERSAL POLICY
As outlined in these terms and conditions, we reserve the right to reverse or amend orders due to
discounts, order cancellations, duplicate tracking, returns, disputed charges, and program
violations.
OTHER POLICIES
Affiliates may not advertise our products in Product Listing Ads. In addition, they may not edit
Sideshow's information on websites like Wikipedia, WikiHow, or similar community
contributory entities. Affiliates collecting customer email addresses or additional information on
their Site should disclose their privacy policy to customers in accordance with all applicable
laws. In addition, you must comply with any FTC Disclosure guidelines relevant to your Site.
We currently allow deep linking to pages other than the main page of any of our sites.
BRAND ADVOCACY
Sideshow created the Affiliate program to celebrate and promote Sideshow and our associated
Brands. As an affiliate, Sideshow expects your entity to function as a Brand advocate.
Accordingly, should your entity diminish the Sideshow brand, Sideshow has the right to
terminate this Agreement immediately. In addition, without notice and will lose the right to
receive any unpaid referral fees, even if earned before termination.
MODIFICATION
We may modify any of the terms and conditions in this Agreement at any time at our sole
discretion. Notification will be given upon Program Agreement modification.
OTHER TERMS
You are an independent contractor, and this Agreement does not create any partnership, joint
venture, agency, franchise, or employment relationship. We will not be liable for indirect,
special, or consequential arising in connection with this Agreement. Sideshow's aggregate
liability will not exceed the total referral fees paid or payable to you. Sideshow will not be
responsible for any losses or expenses of any kind (including, without limitation, attorney's fees)
resulting from any alleged technical problems with the Program. This Agreement is governed by
California law, and any dispute arising from or relating to it must be exclusively venued in the
County of Ventura, except as outlined in the Arbitration clause below. The parties to this
Agreement each consent to personal jurisdiction in that venue. You may not assign this
Agreement without our prior written consent. Our failure to enforce your strict performance of
any provision of this Agreement will not constitute a waiver of our right to subsequently enforce
such provision or any other provision of this Agreement.
ARBITRATION
Any claim or dispute arising out of this Agreement must be resolved by binding arbitration in
Los Angeles, California, before a single arbitrator from JAMS selected in accordance with the
JAMS Arbitration Rules then in effect, which arbitration shall be conducted in accordance with
such Rules. Judgment on the arbitration award may be entered in any court of competent
jurisdiction. Any such arbitration proceedings will be confidential. The arbitrator's fees will
initially be borne equally by the parties, but the prevailing party shall be entitled to recover its
reasonable costs, including attorneys' fees and arbitrator's fees. This arbitration provision shall
not apply to actions for injunctions enforcing the terms of this Agreement, including but not
limited to temporary, preliminary, final injunctions, temporary restraining orders, and temporary
protective orders, to enforce the terms of this Agreement in the event of a breach or threatened
breach by Affiliate.
