The Fascination
ShareASale Terms and Conditions
Preamble
These terms and conditions (the “Agreement’) govern your participation as a member of the ShareaSale program for TheFascination.com (the “Program”). You are referred to herein as the “Publisher”. The Publisher covenants and agrees to be bound by this Agreement, as amended by The Fascination, LLC (“The Fascination”) from time to time. Each Affiliate is responsible for assuring that its employees, agents and contractors comply with these terms and conditions.
DEFINITIONS
“Advertising Material” means banners, creatives, keywords, product/service descriptions, subject and from lines, trademarks, logos, images, text and links.
“Publisher” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
“Program” means the services performed by the Publisher in driving traffic to TheFascination.com (the “Program Site”).
THE PROGRAM
THE FASCINATION will permit the Publisher to participate in the Program, subject to compliance with this Agreement. The Publisher agrees that THE FASCINATION may rely on any data, notice, instruction or request furnished to THE FASCINATION by the Publisher which is reasonably believed by THE FASCINATION to be genuine and to have been sent or presented by a person reasonably believed by THE FASCINATION to be authorized to act on the Publisher’s behalf. Publisher shall immediately notify THE FASCINATION of any known or suspected unauthorized uses of the Publisher’s ShareASale account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of the Publisher’s username and password. The Publisher shall be responsible for maintaining the confidentiality of its username and password and the Publisher is responsible for all usage of ShareASale and the Program Site, including use by any third parties. Absent actual receipt of written notice to the contrary from the Publisher, THE FASCINATION may assume that any person accessing the Program through the Publisher’s account is authorized to do so.
The Publisher has no authority to create or assume in THE FASCINATION’s name or on its behalf any obligation, express or implied, or to act or purport to act as its agent or representative for any purpose whatsoever and the Publisher shall not hold itself out as having any such authority.
THE FASCINATION’s Policies, specifications, and/or recommendations with respect to Publisher websites, email, suppression, compliance notices, email distribution lists and/or marketing channels used by the Publisher should not be construed as legal advice, or as sufficient guidelines to ensure that such websites, email, suppression, compliance notices, email distribution lists and/or marketing channels comply with applicable law. THE FASCINATION does not represent or warrant that such specifications, and/or recommendations are legally compliant or appropriate. THE FASCINATION assumes no obligation and hereby disclaims any liability for Publisher’s use of and/or reliance upon any such specifications, and/or recommendations.
Publisher will be solely responsible for the development, operation, and maintenance of the Publisher website and for all materials that appear on the Publisher website. Such responsibilities include, but are not limited to, the technical operation of the Publisher website and all related equipment; creating and posting product reviews, descriptions, and references on the Publisher website; the accuracy and propriety of materials posted on the Publisher website; ensuring that materials posted on the Publisher website do not violate or infringe upon the rights of any third party; and are not libelous or otherwise illegal. THE FASCINATION disclaims all liability and responsibility for such matters.
THE FASCINATION grants the Publisher a limited, non-exclusive, non-transferable, revocable right to display, transmit, distribute or publish the Advertising Materials owned by THE FASCINATION as is necessary to perform this Agreement. The Publisher agrees not to modify, alter, misrepresent or embellish Advertising Materials or any part thereof in any way, directly or indirectly, without the express prior written consent of THE FASCINATION. This license gives the Publisher no independent right to use THE FASCINATION’s or its The Fascination’s trademarks, service marks, names, logo or other intellectual property. Any breach of this license shall constitute a material breach of this Agreement. THE FASCINATION reserves any rights not explicitly granted in this Agreement.
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. This includes toolbars, browser plug-ins, extensions and add-ons.
LINKING TO OUR WESBITE
Upon acceptance into the Program, links will be made available to you through the ShareASale interface. Your acceptance in our program means you agree to and abide by the following.
1. You will only use linking code obtained from ShareASale without manipulation.
2. All domains that use your affiliate link must be listed in your affiliate profile.
3. 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.
4. 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).
5. 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 trademarked terms, including but not limited to The Fascination, including any variations or misspellings thereof for search or content based Programs on Google, MSN, Yahoo, Facebook or any other network.
2. You may not use our trademarked terms in sequence with any other keyword (for example, Fascination Coupons).
3. You may not use our trademarked terms in your ad title, ad copy, display name or as the display url.
4. You may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result. Affiliate links must be directed to an actual page on your website.
5. You may not bid in any manner appearing higher than The Fascination for any search term in position 1-5 in any auction style pay-per-click advertising program If you automate your PPC Programs, 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.
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 ShareASale affiliate program.
2. Posting any information about how to work around the requirements of a coupon/promotion (ie 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 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 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.
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:
1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
2. E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of The Fascination.
3. 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:
1. 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.
2. You ARE PROHIBITED from posting your affiliate links on The Fascination’s Facebook, Twitter, Pinterest, etc. company pages in an attempt to turn those links into affiliate sales.
3. You ARE PROHIBITED from running Facebook ads with The Fascination trademarked company name.
4. You ARE PROHIBITED from creating a social media account that includes The Fascination’s trademark in the page name and/or username.
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
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.
If THE FASCINATION determines, in its sole discretion, that the Publisher has engaged in any activity that THE FASCINATION considers to be fraudulent or which might bring the reputation or standing of THE FASCINATION into disrepute either with the general public or with business partners, THE FASCINATION may suspend or terminate the Publisher’s membership in the Program, without notice.
FTC DISCLOSURE REQUIREMENTS
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 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 at the beginning of the claims and may not appear solely in a “Terms of Use”, “Legal”, “About Us” or other linked page.
• Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g. disclosure should be visible before the jump).
• Pop-up, hover state and button disclosures are prohibited.
• Disclosure policy applies to all social media, even when space is restricted (e.g., tweets)
• Disclosures should be made in the same medium as the claim (e.g. video, text) For more information about FTC disclosure requirements, please review the FTC's "Dot Com Disclosures" Guidelines at https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-staff-issues-guidelines-internet-advertising/0005dotcomstaffreport.pdf and the FTC's Endorsement Guidelines at https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf. 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/896923/151222deceptiveenforcement.pdf.
INDEMNIFICATION
The Publisher covenants and agrees to defend, indemnify and save harmless THE FASCINATION and its members, managers, officers, and employees (collectively, the “THE FASCINATION Indemnified Group”) from and against any and all claims, suits, demands, damages, losses, penalties, interest, settlements and judgments, costs and expenses (including attorneys’ fees) incurred directly or indirectly as a result of Publisher’s breach of or non-compliance with this Agreement or Publisher’s violation of any law.
DISCLAIMER
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE FASCINATION DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO ANY MATTER, WHETHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION (A) ANY WARRANTY OF PROFITABILITY, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, (B) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (C) THAT THE FASCINATION’S SECURITY METHODS WILL BE SUFFICIENT, AND (D) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY).
LIMITATION OF LIABILITY
ANY OBLIGATION OR LIABILITY OF THE FASCINATION UNDER THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF (1) THE TOTAL OF PUBLISHER’S COMMISSIONS PAID TO PUBLISHER BY THE FASCINATION UNDER THIS AGREEMENT DURING THE YEAR PRECEDING THE CLAIM; OR (2) TEN THOUSAND ($10,000.00) US DOLLARS. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST THE OTHER PARTY TO THIS AGREEMENT MORE THAN ONE YEAR AFTER THE TERMINATION OF THIS AGREEMENT. IN NO CIRCUMSTANCE WILL THE FASCINATION BE LIABLE TO THE PUBLISHER OR ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY CUSTOMERS OBTAINED THROUGH PUBLISHER’S MARKETING EFFORTS) FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS OF THE PUBLISHER OR THE PUBLISHER’S SUCCESSORS OR ASSIGNS.
TERMINATION
THE FASCINATION may terminate your participation in the Program and this Agreement at any time. The Publisher may terminate this Agreement, at any time, on forty-eight (48) hours’ notice to THE FASCINATION.
