Tupperware® Affiliate Marketing Agreement
This Affiliate Marketing Agreement (the "Agreement") is made by and between Dart Industries Inc., on behalf of itself and its affiliates under common control (“Tupperware,” “we” or “us”), and you as a marketing affiliate (“Affiliate” or “you”) utilizing the Awin service ("the Service").
By participating in affiliate marketing with Tupperware, you agree to abide by the terms and conditions contained in this Agreement. Please read this Agreement carefully before registering and using the Service as an Affiliate of Tupperware. By signing up, you indicate your acceptance of this Agreement and its terms and conditions. If you do not accept this Agreement, do not use the Service as an Affiliate of Tupperware. Tupperware reserves the right to amend this Agreement at any time by posting a revised version of the Agreement at the applicable Awin user site. By participating in any Services as an Affiliate of Tupperware following any such amendment, you accept such amended Agreement.
Not Open to Tupperware Sales Representatives
This program is not open to Tupperware independent sales representatives who are party to one or more separate agreements with Tupperware (“Sales Representatives”). Do not participate in affiliate marketing pursuant to this Agreement if you are a Sales Representative. Doing so will be deemed a violation of your agreement with Tupperware.
PPC Requirements
• You may not bid on any of our trademarked terms, including any variations or misspellings thereof for search or content based campaigns on Google, Microsoft ads or any other network.
• You may not use our trademark terms in sequence with any other keyword (i.e. Tupperware Coupons).
• You may not use our trademarked terms in your ad title, ad copy, display name or as the display url.
• If you automate your search campaigns, it remains your responsibility to exclude our trademarked terms from your body. Please add our trademarked terms as negative keywords to your account.
SEO Requirements
• The use of the word Tupperware , variations or misspellings is not allowed in the following parts of the landing page:
o Domain Name / URL of the page / Page title.
o Meta description / , ,
or
tags / ALT text of any image in the page
• The word Tupperware, variations or misspellings may only appear in the body text of the page a maximum of 4 times. Do not stuff keyword mentions into the page, or make the language nonsensical to increase keyword placement.
• It is important that all links redirected to our website are labeled as ""nofollow""
o We need to include the “nofollow” tag in your code using the "rel" tag:
• anchor text here
General Website and Content requirements:
• You may not design your website to resemble or clone the Tupperware website, and in no way insinuate that your website is an official Tupperware website.
• As stated within the SEO section of the agreement, you may not include Tupperware, variations or misspellings within the following sections of your site:
o Domain Name / URL of the page / Page title. This includes within the directory structure of the site, or within a sub-domain of the site.
o Meta description / , ,
or
tags / ALT text of any image in the page
Cookie length:
• Cookie length will be 30 days.
Coupon Code Requirements:
• You may only promote coupon codes that are given to you through the affiliate program window. You may not promote codes used in other channels or promotions.
Miscellaneous:
• You represent, warrant and covenant that (a) you are either a duly authorized representative of a validly established business entity authorized to do business in any place in which it is operating or an individual eighteen (18) years of age or older and have no criminal record; (b) there is nothing in your entity or personal background that would reflect negatively on your association with us or Tupperware; (c) you have or will secure all rights in and to any materials provided by you hereunder, and the use thereof in accordance with this Agreement shall not infringe upon the rights of any third party; and (d) you have the right to enter into this Agreement and have no conflicting commitments or obligations that would interfere with your ability to perform the Services and/or grant the rights provided herein, including, but not limited to, any agreement with Tupperware pursuant to which you are a Sales Representative.
• You will not use the name or logo of Tupperware in any public manner outside of your performance of the Service without our prior written consent.
• You agree to indemnify, defend, and hold harmless Tupperware, its affiliates and subsidiaries, and their respective officers, directors, employees, agents, and contractors from and against any and all allegations, claims, suits, fines, penalties, harm, damages, judgments, liabilities, costs and expenses, including without limitation, reasonable attorneys’ fees and expenses, arising out of or related to (i) breach by you of this Agreement or any representation or warranty made hereunder; (ii) failure to comply with all applicable laws and regulations in connection with your performance under this Agreement; and/or (iii) infringement of any patent, copyright, trademark, trade secret, or other intellectual property right in connection with your performance under this Agreement.
• The relationship between Tupperware and you is solely that of independent contractors, and you shall not be considered Tupperware’s agent or employee. Nothing in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise, employment, or fiduciary relationship between you and Tupperware and neither party shall have authority to contract for or bind the other party in any manner whatsoever. This Agreement contains the entire understanding between us and you with respect to the subject matter hereof, and supersedes any other prior and contemporaneous oral or written agreements or understandings with respect to the subject matter thereof. This Agreement shall be governed by the laws of the State of New York, applicable to contracts executed and performed entirely therein, without regarding to its conflict of law provisions. Any action to enforce this Agreement shall be brought exclusively in the state or federal courts located or having jurisdiction in the State of New York and situated in New York County, and you hereto irrevocably submit to the jurisdiction of such courts and agree to waive any objection that such courts are an inconvenient forum for the resolution of such action. Nothing herein shall prevent a party or Tupperware from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over the parties (or Tupperware) and the subject matter of the dispute as is necessary to protect a party’s (or Tupperware’s) proprietary rights. Should any section or part of a section within this Agreement be held to be illegal, void or otherwise unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the unenforceable part had been severed and deleted (so long as the remaining provisions continue substantially to reflect the original intent of the parties).
