Omaze Affiliate Marketing Program Terms & Conditions
Last Updated 8/30/2021
Please read our affiliate terms and conditions carefully before you join our program or begin marketing our program. 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. Affiliate terms and conditions are subject to change. Thank you.
A. DEFINITIONS
As used in these terms and conditions: (i) “We,” “us,” “our” or “Omaze” refers to Omaze, Inc. and any of its subsidiaries or related companies; (ii) “you” or “your” refers to the Affiliate; (iii) “our website” refers to the Omaze properties located at www.omaze.com; (iv) “your website” refers to any websites that you will link to our website; (v) “Program” refers to the Omaze Affiliate Program.
B. ENROLLMENT
After 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. Including all of the websites that you use in your profile will help our decision-making process. 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.
C. 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 applicable 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.
D. 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 abide by the following.
1. You will only use linking code obtained from the affiliate interface without manipulation.
2. Your website will comply with all data privacy laws, including by providing a compliant privacy notice. To the extent that your website uses any cookies, pixels, or other tracking technologies, you will include a cookie banner and notice and will provide users the opportunity to opt-out of or opt-in to cookies, as required by applicable law.
3. All domains that use your affiliate link must be listed in your affiliate profile. 4. 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.
5. You may not engage in cookie stuffing.
6. You may not include pop-ups or 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).
7. You 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. 8. You may not use any of Omaze’s trademarks or misspellings of trademarks to re-direct
traffic to a page on your website or Omaze’s website without written approval from Omaze.
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.
E. PPC 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:
1. For purposes of this section, Omaze’s trademark terms include: “Omaze”, “Omaze Amplify”, “Amplify Your Impact”, “Dream The World Better”, “Omaze Properties”, “Dream Experiences. Real Impact”
2. You may not bid on any of our trademarked terms, including any variations or misspellings thereof for search or content-based campaigns on Google, MSN, Yahoo, Facebook or any other network.
3. You may not use our trademarked terms in sequence with any other keyword (i.e. Omaze Coupons).
4. You may not use our trademarked terms in your ad title, ad copy, display name or as the display URL.
5. You may not direct link to our website from any PPC ad or use redirects that yield the same result. Affiliate links must be directed to an actual page on your website.
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, zero-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.
F. COUPON 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 Program. 2. Posting any information about how to work around the requirements of a coupon/promotion (i.e., coupons limited to first-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 affiliate click 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 advertising campaigns.
6. You may NOT give the appearance that any ongoing offer requires clicking from your website in order to redeem. For example, if 100 bonus entries are being offered with the use of a promo code, you may not turn this into an offer that infers that the customer must click from your site to get this promotion.
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.
G. COUPON ATTRIBUTION & AUTHENTICATION
Affiliates 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 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.
H. SUB-AFFILIATE NETWORKS
Sub-Affiliate Networks may also participate in our Program, subject to approval as set out above. Any Sub-Affiliate Network must be completely transparent with regards to where traffic from its sub-affiliates originated. Sub-affiliate networks must ensure that all sub-affiliates promoting the Omaze Program adhere to our Program terms and conditions. This includes all privacy requirements, 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 Omaze 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 our Program terms.
I. OPERATIONS OUTSIDE UNITED STATES
If you are conducting business in countries outside of the United States, you will follow the laws of those countries. For example, you will comply with the General Data Protection Regulation (GDPR) if you are conducting business in one or more of the European Union countries.
If you are conducting business in countries outside of the United States, you understand that our website may not be accessible in certain jurisdictions outside of the United States and/or residents of certain jurisdictions outside of the United States may not be eligible to participate in our sweepstakes experiences. As such, the Program is not available and should not be offered in any such prohibited jurisdictions and commissions will not be available for any such prohibited jurisdictions. Such prohibited jurisdictions include, without limitation, the following: All countries on the United States’ list of embargoed countries (which you can find here), Afghanistan, Australia, Bahamas, Belgium, Belize, Bolivia, the province of Quebec (Canada), Cambodia, Chad, China, Colombia, Cuba, Dominican Republic, Ecuador, Egypt, El Salvador, Germany, Ghana, Guatemala, Guinea, Haiti, Honduras, Iran, Iraq, Iraq, Italy, Jamaica, Lebanon, Mali, Myanmar, Nicaragua, North Korea, Pakistan, Panama, Peru, Singapore, Somalia, Sudan, Syria, Tanzania (the United Republic of), Thailand, Trinidad, and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Kingdom, Venezuela, Yemen, and Zimbabwe.
J. REVERSAL & COMMUNICATION POLICY
Omaze 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 (and potentially your commission) 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 to contact with information listed in your network profile.
3. You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable 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 our program rules.
K. 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. omaze.website.com or www.omaze-coupons.com
L. ADVERTISING & PUBLICITY
If you intend to promote our Program via e-mail campaigns, you must adhere to the following:
1. You must abide by Federal Trade Commission regulations, policies and guidelines governing advertising, disclosure and consumer protection, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, Public Law No. 108-187 (the “CAN-SPAM Act”) and the Children’s Online Privacy Protection Act of 2000 (“COPPA”), the Privacy and Electronic Communications Directive 2002/58/EC on Privacy and Electronic Communications (the “ePrivacy Directive”), Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (the “GDPR”), and any other applicable data privacy or digital marketing laws applicable to your e-mail campaign.
2. E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of Omaze.
3. E-mails must first be submitted to us for approval prior to being sent. 4. You must NOT make deceptive or misleading claims to consumers about our Program, products or services, or our competitors’ products or services.
5. You must NOT make any claims about our products or services, or our competitors' products or services, that are not backed up by evidence.
6. You must NOT engage in any communication that is defamatory or infringes upon the intellectual property, privacy, or publicity rights of others.
K. SOCIAL MEDIA
Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:
1. You must abide by Federal Trade Commission regulations, policies and guidelines governing advertising, disclosure and consumer protection, the CAN-SPAM Act, COPPA, the ePrivacy Directive, GDPR, and any other applicable data privacy or digital marketing laws applicable to your social media campaign.
2. 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 Omaze through Wednesday with code Omaze25.”
3. You ARE PROHIBITED from posting your affiliate links on Omaze Facebook, Twitter, Pinterest, etc. company pages in an attempt to turn those links into affiliate sales.
4. You ARE PROHIBITED from running Facebook, Instagram, Reddit, Google, YouTube, TikTok, and Twitter ads with Omaze trademarked company name.
5. You ARE PROHIBITED from creating a social media account that includes Omaze trademark in the page name and/or username.
6. You must NOT make deceptive or misleading claims to consumers about our Program, products or services, or our competitors’ products or services.
7. You must NOT make any claims about our products or services, or our competitors' products or services, that are not backed up by evidence.
8. You must NOT engage in any communication that is defamatory or infringes upon the intellectual property, privacy, or publicity rights of others.
L. FTC DISCLOSURE REQUIREMENTS
It is your responsibility to comply with all applicable laws related to the marketing or endorsement of our Program, including, without limitation, ensuring that all statements and posts are truthful, clear, and non-deceptive and that you are using appropriate disclaimers and disclosures required by applicable laws, rules, statutes, and regulations, including, without limitation, 16 CFR Part 255.
You must include a disclosure statement within any and all pages, blog/posts, or social media 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 conspicuous, 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 and conspicuously stated in your disclosure.
To ensure that the disclosure is clear and conspicuous, you should consider the limitations and nature of the platform being used for the endorsement. Disclosures should be made in the same medium as the claim (e.g. video, text), and apply even if space is limited (e.g. tweets). The disclosure should be well-placed so that it can be easily noticed and prominent so that it can be easily read, considering the medium of the endorsement:
? Disclosure on Images:
? Easy to notice and read in the time that followers have to look at the
image; and
? Well contrasted against the image
? Disclosure in video posts, including podcasts:
? Place the disclosure both within the video itself, and in the
description of the video; and
? Display the disclosure long enough for consumers to be able to read
and understand it
? You should avoid burying the disclosure in a bio, below the fold, in a hyperlink button, or among a series of hashtags, other disclosures or general copy, and scrolling should not be necessary to find the 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.
? Pop-up, hover state and button disclosures are prohibited.
For more information about FTC disclosure requirements, please review:
? FTC's "Dot Com Disclosures" Guidelines at
http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf
? Guides Concerning the Use of Endorsements and Testimonials in Advertising: https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides governing-endorsements-testimonials/091005revisedendorsementguides.pdf
? The FTC’s Endorsement Guides: What People are Asking: https://www.ftc.gov/tips advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking ? If 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/896923/151222deceptiveenforcem ent.pdf and the related guidelines.
M. MARKETING LANGUAGE REQUIREMENTS
1. An Omaze sweepstakes experience should NOT be referred to as a raffle, contest, auction, competition or lottery. Sweepstakes is the only approved language. 2. Entries into an Omaze sweepstakes should be referred to as “entries” and not tickets or purchases.
3. When referring to entering for the chance to win an Omaze sweepstakes, it’s important to say “for the chance to win” instead of “enter to win.”
4. When referring to the charity/impact, it’s important to say “every donation supports” instead of “every dollar goes to” or “every entry supports.”
5. You must NOT make offensive comments that have the purpose or effect of creating an intimidating or hostile environment.
6. You must NOT use ethnic slurs, personal insults, obscenity, or other offensive, harassing or violent language.
7. You must NOT make any comments or post any content that in any way promotes unsafe activities that could lead to an unsafe situation involving our consumers or other individuals.
8. You must NOT discuss, insinuate or show evidence of illegal activity
