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Associates Program Fee Statement (“Fee Statement”)
Qualifying Purchases and Qualifying Revenue
We will pay Standard Program Fees described in Section 3 of this Fee Statement in connection with “Qualifying Purchases”, which (subject to the exclusions described in this Fee Statement) occur when:
(a) our customer clicks through a Special Link on your Site to an Amazon Site; and
(b) during a single session, which is measured as beginning when our customer clicks through that Special Link and ending upon the first to occur of the following: (x) 24 hours elapse from that click, (y) our customer places an order for a Product, other than a digital item sold under the name “Amazon MP3,” “Amazon Shorts”, “eDocs”, “Amazon Video”, “Amazon Software Downloads”, “Game Downloads”, “Kindle Books”, “Kindle Newspapers”, “Kindle Blogs”, “Kindle Newsfeeds”, or “Kindle Magazines” (a “Digital Product”), or (z) our customer follows a Special Link to the Amazon Site that is not your Special Link (a “Session”), any of the following happens:
i. our customer purchases a Product via our 1-Click feature, or
ii. our customer purchases a Product by adding a Product to his or her shopping cart and completing the order for that Product no later than 89 days after their initial click-through of the Special Link, or
iii. with respect to Digital Products, our customer purchases such a Product by streaming or downloading it from an Amazon Site; and
(c) our customer actually receives and pays for such Product.
For each Qualifying Purchase, the corresponding “Qualifying Revenue” is equal to the amount we actually receive from that Qualifying Purchase, less any shipping charges, gift-wrapping fees, taxes, service charges, rebates, credit card processing fees, and bad debt.
Notwithstanding the foregoing, Qualifying Purchases are disqualified whenever they occur in connection with a violation of this Associates Program Fee Statement or any other terms, conditions, specifications, statements, and policies that we may issue from time to time that apply to the Associates Program, including the most up-to-date version of the?Associates Operating Agreement?(collectively, the “Program Documents”). For example, no Program Fees are payable for a purchase that is not correctly tracked or reported because the links from your Site to the Amazon Site are not properly formatted, or for a purchase through a Special Link that violates the terms of the Program Documents.
Additionally, the following purchases that would otherwise be Qualified Purchases are disqualified and excluded from the Associates Program:
(a) any Product purchased after termination of your?Associates Operating Agreement,
(b) any Product order that is canceled or returned,
(c) any Product purchased by a customer who is referred to an Amazon Site through any advertisement that you purchased through participation in bidding or auctions on keywords, search terms, or other identifiers that include the word “amazon”, or “kindle”, or any other trademark of Amazon or its affiliates (see a non-exhaustive list of our trademarks?here, or variations or misspellings of any of those words (e.g., “ammazon”, “amaozn”, and “kindel”) (all, a “Prohibited Paid Search Placement”),
(d) any Product purchased by a customer who is referred to an Amazon Site by a link that is generated or displayed on a search engine (including Google, Yahoo, Bing, or any other search portal, sponsored advertising service, or other search or referral service, or any site that participates in such search engine’s network),
(e) any Product purchased by a customer who is referred to an Amazon Site by a link that sends users indirectly to the Amazon Site via an intermediate site, without requiring the customer to click on a link or take some other affirmative action on that intermediate site (a “Redirecting Link”),
(f) any Product subject to a Bounty Event (as defined in Section 4(a) of this Fee Statement, with the corresponding related Special Program Fee) or purchased in a subscription (other than the initial purchase of the subscribed Product), and
(g) any Product purchased by a customer, where such customer does not comply with the terms and conditions applicable to the Amazon Site.
Standard Program Fees
Subject to the limitations described in this Fee Statement and compliance with the?Associates Program Operating Agreement, we will pay you standard fees described in this section (”Standard Program Fees”), calculated as a percentage of Qualifying Revenue, as follows:
For Qualifying Purchases of Products within product categories specified in Table 1 below, the Standard Program Fees accrued will be the corresponding fixed rate of Qualifying Revenue specified in this table:
TABLE 1 – Fixed Standard Program Fee Rates for Specific Product Categories
4. Special Program FeesFrom time to time, we may run general special programs that may provide all or some Associates the opportunity to earn additional or alternative fees (“Special Program Fees”). For the avoidance of doubt (and notwithstanding any time period described in this section), Amazon reserves the right to discontinue or modify all or part of any special program at any time. All such special programs (even those which do not involve purchases of Products) are subject to disqualifying exclusions substantially similar to those identified in Section 2 of this Fee Statement, and any restriction under the Program Documents applicable to a Product purchase will also apply on a substantially similar basis as restrictions for special programs.
The following Special Program Fees are currently available to all Associates:
(a) Bounty Events
As described in the table below, you will earn Special Program Fees described in this Section 4(a) in connection with “Bounty Events” which occur when (1) our customer, who must be eligible for the Bounty Event as described in Table 2 below, clicks through a Special Link on your Site to a bounty-specific homepage on an Amazon Site, and (2) during the resulting Session our customer completes the bounty action described in Table 2 below:
TABLE 2 – Bounty Events and Special Program Fees
TABLE A – Amazon Channels Subscription HomepagesAmazon will determine in its sole discretion, in each case, whether a Bounty Event has occurred or has been disqualified due to a violation or other abuse (for example, registrations made using invalid email addresses, use of bots or automated software, multiple Bounty Events by a single person, repetitive Bounty Events, Bounty Events from your IP address, and Bounty Events that do not result from Special Links on your Site).Special Links to the bounty-specific homepages listed in Table 2 and Table A are permitted in connection with the corresponding bounty, notwithstanding the?Associates Program Participation Requirements.
(b) Trade-In Program
Amazon’s trade-in program allows customers to trade-in eligible Products in exchange for Amazon gift cards.
You will earn the Special Program Fee Rates described in this Section 4(b) in connection with “Trade-In Events” which occur when (1) our customer clicks through a Special Link on your Site to an Amazon Site and (2) during the resulting Session our customer adds a product to his or her trade-in shopping cart and then submits a trade-in request that Amazon accepts.
Amazon will determine in its sole discretion, in each case, whether a Trade-In Event has occurred or has been disqualified due to violation of the Program Documents or the?Amazon Trade-In Program Terms and Conditions.
TABLE 3 – Special Program Fee Rates for Trade-In Events
5. Additional or Alternative Fee Arrangements and Fee Statement ModificationsFrom time to time, we may offer or impose upon one or more Associates supplemental special programs, such as an opportunity to earn additional or alternative fees, and such programs will be binding and effective when (i) included in a written amendment, (ii) sent by Amazon to the primary email address on your Associates account, or (iii) posted on the Associates Site.
We reserve the right pursuant to the Agreement to modify this Fee Statement, at any time and in our sole discretion, by posting a change notice or a revised Program Policy on the Associates Site; provided that with respect to changes to this Fee Statement we will use commercially reasonable efforts to post such notice or revision at least 2 days prior to such modification becoming effective.
Program Fee Limitations
From time to time, we may impose limits on Associates’ opportunity to earn Standard Program Fees or Special Program Fees. For the avoidance of doubt (and notwithstanding any time period described in this section), Amazon reserves the right to discontinue or modify all or part of any limitation at any time.
The following fee limitations are currently applicable to all Associates:
(a) Fine Art Products
Standard Program Fees for all Qualifying Purchases of Products that are categorized as fine art are limited to a maximum of $200 per Product, regardless of the Qualifying Revenues received from the sale of that Product.
(b) Free Book Promotions
You will not be eligible to receive any Standard Program Fees or Special Program Fees for any month if we determine that your Site is primarily promoting free Kindle eBooks and during that month (i) 20,000 or more free Kindle eBooks are ordered and downloaded during Sessions attributed to your Special Links, and (ii) at least 80% of all Kindle eBooks ordered and downloaded during Sessions attributed to your Special Links are free Kindle eBooks.
Program Fee Reporting and Payment
We will use commercially reasonable efforts to accurately and comprehensively track Qualifying Purchases for the purposes of our internal tracking, and creating and distributing to you our reports summarizing Standard Program Fees and Special Program Fees you earned during that month.
We will pay Standard Program Fees and Special Program Fees approximately 60 days following the end of each calendar month in which they were earned by the method described below that you have selected:
Option 1: Payment by Direct Deposit.?We will directly deposit the fees you earn into the bank account you designate once you have provided us with the name of your bank, the bank account type, the 9-digit routing number/ABA number, the account number, and the name of the primary account holder as it appears on the account. If you have chosen payment by direct deposit and you do not provide this information, or it is not valid (for example, the account has been closed or changed), or the payment is otherwise rejected by your bank, you may instead receive payment by check which will be subject to the processing fees described below until you provide valid account information. If you select this option, we reserve the right to hold fees until the total amount due to you is at least $10.
Option 2: Payment by Amazon.com Gift Card.?We will send you gift cards in the amount of the fees you earn to the primary email address on your Associates account. These gift cards are redeemable for products on amazon.com and are subject to our then-current?Gift Cards Terms and Conditions. If you select this option, we reserve the right to hold fees until the total amount due to you is at least $10.
Option 3: Payment by Check.?We will send you a check in the amount of the fees you earn once you have provided us with a physical address. If you select this option, we reserve the right to hold fees until the total amount due to you is at least $100 and to deduct a processing fee in the amount of $15 from each check we send to you.
If you do not select and maintain information for a payment option, we will hold earned fees until you make your selection.
If at any time there has been no substantial activity on your account for at least 3 years, then we will have the right to withhold the accrued fees for your inactive account, up to a maximum closure withholding of $10. Further, any unpaid accrued fees in your account may be subject to escheatment under applicable law.
We may deduct or withhold any taxes that we may be legally obligated to deduct or withhold from any amounts payable to you under the Associates Program. From time to time, we may request tax information from you. If we request tax information from you and you do not provide it to us, we reserve the right (in addition to any other rights or remedies available to us) to hold your fees until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information.
Payments made to you, as reduced by all deductions or withholdings described in the Agreement, will constitute full payment and settlement to you of amounts payable under the Agreement.
If any excess payment has been made to you for any reason whatsoever, we reserve the right to adjust or offset the same against any subsequent fees payable to you under the Agreement.
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Associates Program Participation Requirements (“Participation Requirements”)
Enrollment and Eligibility
To begin the enrollment process, you must submit a complete and accurate Associates Program application. You must identify your Site(s) in your application. We will evaluate your application and notify you of its acceptance or rejection. Your Site will not be eligible for inclusion in the Associates Program, and you cannot include any Special Links or Product Advertising Content on it, if your Site is unsuitable. Unsuitable Sites include those that:
(a) promote or contain sexually explicit or obscene materials;
(b) promote violence or contain violent materials;
(c) promote or contain false, deceptive, libelous or defamatory materials;
(d) promote or contain materials or activity that is hateful, harassing, harmful, invasive of another’s privacy, abusive, or discriminatory (including on the basis of race, color, sex, religion, nationality, disability, sexual orientation, or age);
(e) promote or undertake illegal activities;
(f) are directed toward children under 13 years of age, as defined by the Children’s Online Privacy Protection Act (15 U.S.C. §§ 6501-6506) and any regulations promulgated thereunder, or otherwise knowingly collect, use, or disclose personal information from children under 13 years of age;
(g) include any trademark of Amazon or its affiliates, or a variant or misspelling of a trademark of Amazon or its affiliates in any domain name, subdomain name, in any “tag” or Associates ID, or in any username, group name, or other identifier on any social networking site (see a non-exhaustive list of our trademarks?here); or
(h) otherwise violate any intellectual property rights.
We will determine suitability at our sole discretion. If we reject your application due to unsuitable content, you may reapply at any time. However, if at any time we 1) reject your application or 2) terminate your account in connection with any unsuitability or abuse (as determined in our sole discretion), you cannot attempt to re-join the Associates Program without our advance authorization. Advance authorization may be initiated by completing the Contact Associates Customer Service form available?here. We reserve the right to withhold fees for future unauthorized Program activity.
You will ensure that the information in your Associates Program application and information otherwise associated with your account on the Associates Site, including your email address, other contact information, and identification of your Site, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Associates Program and the Agreement to the email address then-currently associated with your Program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.
If you are a Non-US person participating in the Associates Program, you agree that you will perform all services under the Operating Agreement outside the United States. If, for any reason, you cannot comply with this requirement, you cannot participate in the program until you notify us using this?link?and receive specific approval.
If you wish to include Special Links in a software application designed and intended for use on mobile phones, tablets, or other handheld devices (a “Mobile Application”), you must include the name of the Mobile Application and the link to your Mobile Application in your application to the Associates Program. The suitability and other requirements of this Section 2 and the?Mobile Application Policy?will apply to Mobile Applications. We will evaluate your application and notify you of its acceptance or rejection. A Mobile Application that is accepted will be an “Approved Mobile Application” for purposes of the?Associates Operating Agreement.
Links on Your Site
(a) Special Links
After you have been notified that you have been accepted into the Associates Program, you are permitted to display Special Links on your Site. Special Links enable accurate tracking, reporting, and accrual of fees.
Special Links displayed in Approved Mobile Applications may be served by the Amazon Mobile Associates API (“AMA API”), or the PA API (as defined in the?License), including any Special Links displayed within an integrated web browser, and must use the Associates ID we have assigned to you expressly for your Approved Mobile Applications.
We will have no obligation to pay you fees if you fail to properly format the links on your Site to the Amazon Site as Special Links.
(b) General Requirements Applicable to All Special Links
Special Links may be created by you or made available to you by us. If we inform you that your Site does not qualify to use certain types of links, you must cease displaying those types of links on your Site. You are solely responsible for the content, style, and placement of each link that you place on your Site and for ensuring that Special Links (whether created by you or made available to you by us) include the appropriate formatting necessary for us to properly track referrals of our customers from your Site. For example, you must include your Associates ID or “tag” (appearing as XXXXX-20, or such other format as we may designate) as a parameter in the URL of each link you place on your Site to the Amazon Site.
Upon your request but subject to our approval, we may issue you additional “sub-tag” Associate IDs that permit you to monitor and optimize the performance of your Special Links by including different sub-tags in the URLs of different Special Links. Under no circumstances may you associate any sub-tag with a specific end user of your Site (e.g., you may not dynamically assign sub-tags to users as they arrive on your Site for purposes of monitoring such users’ behavior).
You may add or delete Products (and related Special Links) from your Site at any time without our approval. However, you may not use Special Links to link to the Amazon Site from references to products on your Site that are not “Products” as defined in the Agreement. For example, you cannot link to the Amazon Site with a link for “shoes”, however you can link to the Amazon Site with a Special Link to a specific shoe Product detail page.
You must remove from your Site any links and related references to limited time promotions on or before the expiration date of that promotion. For example, if you include links to Products in the apparel category of the Amazon Site and mention that there is 15% off select products in Amazon’s apparel category, you must immediately remove the mention of the 15% discount from your Site on or before the expiration date of that promotion.
You must not make inaccurate, overbroad, deceptive or otherwise misleading claims about any Product, the Amazon Site, or any of our policies, promotions, or prices. For example, if you include on your Site a link to a 20 GB MP3 player sold on the Amazon Site, you may not state that the MP3 player has 30 GB of memory.
Product prices and availability may vary from time to time. Because prices for and availability of Products that you have listed on your Site may change, your Site may only show prices and availability if: (a) we serve the link in which that price and availability data are displayed, or (b) you obtain Product pricing and availability data via the PA API and you comply with the requirements regarding use of the PA API in the?License.
In addition, if you choose to display prices for any Product on your Site in any “comparison” format (including through the use of any price-comparison tool or engine) together with prices for the same or similar products offered through any web site or other means other than the Amazon Site, you must display both the lowest “new” price and, if we provide it to you, the lowest “used” price at which the Product is available on the Amazon Site.
(c) Requirements Applicable to Specific Link Types We Make Available to You.
Links that Dynamically Generate Products: Certain types of links that we may make available to you dynamically generate particular Products to display based on a contextual analysis of the page on which they appear. Amazon will crawl or otherwise monitor your Site and store gathered content to implement these types of links and to improve dynamic generation and the Associates Program. If you implement mechanisms that prevent us from crawling or otherwise monitoring your Site, you agree that these types of links may not function properly, and you will be solely responsible for any such malfunction.
aStore by Amazon Link: You may include on your Site special Product detail and browse pages that are generated through your use of the “aStore by Amazon” tool and that are hosted by us. You may not use an aStore by Amazon as a stand-alone website or direct users to an aStore by Amazon by means other than a graphical or hypertext link on your Site or by embedding the aStore by Amazon Link within your Site.
MP3 Clips Widget Link: You may place links on your Site that allow you to display or publicly perform certain streaming music Content that is hosted by us. This streaming music Content may only be displayed or publicly performed via the MP3 Clips Widget Link and then only in accordance with?Associates Operating Agreement. The streaming music Content may not be otherwise copied, distributed, performed, or sold in any manner or for any purpose whatsoever.
Responsibility for Your Site
You will be solely responsible for your Site, including its development, operation, and maintenance and all materials that appear on or within it. For example, you will be solely responsible for:
(a) the technical operation of your Site and all related equipment,
(b) displaying Special Links and Content on your Site in compliance with the?Associates Operating Agreement, all applicable laws (including the US FTC Guides Concerning the Use of Endorsement and Testimonials in Advertising), and any agreement between you and any other person or entity (including any restrictions or requirements placed on you by any person or entity that hosts your Site),
(c) creating and posting, and ensuring the accuracy, completeness, and appropriateness of, materials posted on your Site (including all Product descriptions and other Product-related materials and any information you include within or associate with Special Links),
(d) using the Content, your Site, and the materials on or within your Site in a manner that does not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity, or other intellectual property or proprietary rights),
(f) any use that you make of the Content, and the Amazon Marks, whether or not permitted under the?Associates Operating Agreement.
You will not engage in any promotional, marketing, or other advertising activities on behalf of us or our affiliates, or in connection with the Amazon Site or the Associates Program, that are not expressly permitted under the?Associates Operating Agreement. For example, you will not engage in any promotional, marketing, or other advertising activities in any offline manner, including by using any of our or our affiliates’ trademarks or logos (including any Amazon Mark), any Content, or any Special Link in connection with an offline promotion or in any other offline manner (e.g., in any printed material, mailing, SMS, MMS, email or attachment to email, or other document, or any oral solicitation).
Except as agreed between you and us in a separate written agreement referencing this Section 6, you will not use any Content or Special Link, or otherwise link to the Amazon Site, on or in connection with: (a) any client-side software application (e.g., a browser plug-in, helper object, toolbar, extension, component, or any other application executable or installable by an end user) on any device, including computers, mobile phones, tablets, or other handheld devices (other than Approved Mobile Applications); or (b) any television set-top box (e.g., digital video recorders, cable or satellite boxes, streaming video players, blu-ray players, or dvd players) or Internet-enabled television (e.g., GoogleTV, Sony Bravia, Panasonic Viera Cast, or Vizio Internet Apps).
The Associates Program is free to join, and we provide resources on the Associates Site to help Associates succeed with the program. We have never authorized any business to provide paid set-up or consulting services to our Associates, so please be wary if any business like that (even one attempting to appropriate the Amazon name) reaches out to offer you costly services.
Content on Your Site.?You will be solely responsible for the content on your Site and ensure:
(b) You will not sell, resell, redistribute, sublicense, or transfer any Content or any application that uses, incorporates, or displays any Content, PAAPI, or Data Feed. For example, you will not use, or enable, or facilitate the use of Content on or within any application, platform, site, or service (including social networking sites) that requires you to sublicense or otherwise give any rights in or to any Content to any other person or entity, nor will you create links formatted with your Associates tag for, or display such links on, a site that is not your Site.
(c) You will promptly remove from your Site and delete or otherwise destroy any Content that is no longer displayed on the Amazon Site or that we notify you is no longer available for your use.
(d) You will not use any Content, including any name or likeness embodied in that Content, in a manner that implies a person’s or company’s endorsement or sponsorship of, or commercial tie-in or other association with, any product, service, party, or cause (including by placing unrelated third party materials in close proximity to Content).
(e) You will not (and you will not seek to) purchase, register or otherwise use any Amazon Mark (as defined in the?Trademark Guidelines) or variations or misspellings of any of those words (e.g., “ammazon,” “amaozn,” and “kindel,”) for use in any search engine (including Google, Yahoo, Bing, or any other search portal, sponsored advertising service, or other search or referral service, or any site that participates in such search engine’s network (together, a “Search Engine”)). In addition to any other rights or remedies available to us, upon our request you will cause any Search Engine designated by us to exclude Proprietary Terms from keywords used to display your advertising content in association with search results (e.g., request exclusion by negative keyword bidding), assuming the Search Engine offers such exclusion capabilities.
(f) You will not bid on or purchase keywords, search terms, or other identifiers (including?Proprietary Terms) or otherwise participate in keyword auctions on any Search Engine if the resulting paid search advertisement is a Prohibited Paid Search Placement (as defined in the?Fee Statement). You may purchase paid search advertisements and submit links to Search Engines to appear in response to a general Internet search query or keyword (i.e., in natural, free, organic, or unpaid search results), so long as you comply with the?Associates Operating Agreement?and those paid or unpaid search results send users to your site and not directly, or indirectly via a Redirecting Link (as defined in the?Fee Statement), to the Amazon Site.
(g) You will not offer any person or entity any consideration, reward, or incentive (including any money, rebate, discount, points, donation to charity or other organization, or other benefit) for using Special Links. For example, you cannot implement any “rewards” or loyalty program that incentivizes persons or entities to visit the Amazon Site via your Special Links.
(h) You will not intercept, record, redirect, read, interpret, or fill in the contents of any electronic form or other material submitted to us by any person or entity.
(i) You will not request, collect, obtain, store, cache, or otherwise use any account information used by our customers in connection with any Amazon Site (including any usernames or passwords of Amazon Site customers).
(j) You will not modify, redirect, suppress, or substitute the operation of any button, link, or other feature of the Amazon Site.
(k) You will not make any orders or engage in other transactions of any kind on the Amazon Site on behalf of any other person or entity, or authorize, assist, or encourage any other person or entity to do so.
(l) You will not take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (for example, search, browse, or order) are occurring.
(m) You will not include on your Site, display, or otherwise use Special Links or Content in connection with, any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device.
(n) You will not frame the Amazon Site, or any part of it, within your Site, including by display within an integrated web browser (e.g., WebView) within a Mobile Application. However, displaying a Special Link on your Site, including results from the AMA API, in accordance with Section 3 of these Participation Requirements, will not be a violation of this section.
(o) You will not post or serve any Special Links or other content promoting the Amazon Site within any pop-up or pop-under windows, transitional page ads, or layer ads, except for pop-up windows in conjunction with your Site promoting Products closely associated with the materials on your Site.
(p) You will not include any Special Links in any content that you place on the Amazon Site (for example, in connection with any advertising service available through the Amazon Site or in a customer review, forum, Wish List, guide, or any other customer-generated context available on the Amazon Site).
(q) You will not attempt to circumvent the?Fee Statement?or artificially increase your fees. For example, you can not cause any page of the Amazon Site to open in a customer’s browser other than as a result of the customer clicking on a Special Link on your Site.
(r) You will not attempt to intercept or redirect (including via software installed on users’ computers) traffic from or on, or divert fees from, any site that participates in the Associates Program.
(s) You will not artificially generate clicks or impressions on your Site or create Sessions on the Amazon Site, whether by way of a robot or software program or otherwise.
(t) You will not display or otherwise use any of our customer reviews or star ratings, in part or in whole, on your Site unless you have obtained a link to that customer review or star rating through the PA API and you comply with the requirements for the PA API described in the?License?.
(u) You will not directly or indirectly purchase any Product(s) through Special Links, whether for your use of for the use of any other person or entity, and you will not permit, request or encourage any of your friends, relatives, employees, contractors, or business relations to directly or indirectly purchase any Product(s) through Special Links, whether for their use, your use or the use of any other person or entity. Further, you will not purchase any Product(s) through Special Links for resale or commercial use (of any kind) or offer any Products on your Site for resale or commercial use of any kind.
(v) You will not cloak, hide, spoof, or otherwise obscure the URL of your Site containing Special Links (including by use of Redirecting Links) or the user agent of the application in which Content is displayed or used such that we cannot reasonably determine the site or application from which a customer clicks through such Special Link to the Amazon Site.
(w) You will not use a link shortening service in a manner that makes it unclear that you are linking to an Amazon Site.
(x) Upon our request, you will provide us with written certification that you have complied with the Agreement (generally or specifically with respect to any provision of the Agreement, including the Program Policies). Any failure to provide the certification in accordance with our request will constitute a material breach of the?Associates Program Operating Agreement.
(y) For any Associate who is a provider of services under Medicare, Medicaid or other US federal health care program, such Associate must not use Special Links to direct our customers to any Product that is covered or reimbursable under such health care program.
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Associates Program Products Statement (“Products Statement”)
Under the Associates Program, subject to the additions and exclusions described in this Products Statement, a “Product” is any physical or digital item sold on an Amazon Site.
No services are currently included in the Products at this time.
Notwithstanding the above, the following items and services are currently excluded from the Products included in the Associates Program:
(a) any product or service sold on a site linked to from the Amazon Site (for example, a product or service listed through our “Product Ads” program or sold on a site linked to from a banner ad, sponsored link, or other link displayed on the Amazon Site),
(b) any wireless service plan offered through the Amazon Site and not sold or fulfilled by us,
(c) any application, content, or other software sold through the Amazon Appstore,
(d) any product sold on fresh.amazon.com or primenow.amazon.com,
(e) any food prepared and delivered from a restaurant,
(f) any alcoholic beverage,
(g) any digital Kindle product purchased as a subscription (e.g., Kindle newspaper subscriptions, magazine subscriptions, blog subscriptions, etc.),
(h) any product or service which has been excluded by a third party seller or vendor. You will receive an alert if a product or service is excluded when attempting to link using the tools we make available in Associates Central, and
(i) any product or service sold through Amazon Pay Places.
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Associates Program Mobile Application Policy (“Mobile Application Policy”)
Your Mobile Application:
(a) must be available in either the Google Play, Apple, or Amazon app stores,
(b) must be free to download and all Amazon links must be accessible without paying for access,
(c) must have original content,
(d) must not emulate Amazon’s own shopping app functionality,
(e) must not have price tracking and/or price alerting functionality,
(f) must not host or render Amazon web pages in WebViews.
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Associates Program Trademark Guidelines (“Trademark Guidelines”)
Strict compliance with these Trademark Guidelines is required at all times, and any use of those of our trademarks and logos that we may make available to you as part of Content (those trademarks and logos, collectively, “Amazon Marks”) in violation of these Trademark Guidelines will automatically terminate any license related to your use of the Amazon Marks.
YOU ARE ALLOWED TO USE THE AMAZON MARKS ONLY BY DISPLAY ON YOUR SITE WITH THE PURPOSE OF ADVERTISING AVAILABILITY OF PRODUCTS ON ONE OF OUR SITES, WITH A CORRESPONDING LINK TO THAT SITE.
Your use of the Amazon Marks must (i) comply with the most up-to-date version of these Trademark Guidelines; and (ii) comply with all Program Documents (as defined in the?Fee Statement).
You cannot use or display any Amazon Mark for any purpose or in any manner not specifically authorized under the Program Documents. For example, you cannot make any use or display (i) that implies sponsorship or endorsement by us; (ii) to disparage us, our products, or our services; (iii) that may, as determined by us, diminish or otherwise damage our goodwill in any Amazon Mark; or (iv) in any offline materials.
You may display an Amazon Mark only in the exact format in which we provide it to you. You may not alter any Amazon Mark in any manner. For example, you cannot change the proportion, color, or font of any Amazon Mark, or add or remove any elements from any Amazon Mark.
Each Amazon Mark must appear by itself, in its entirety, with reasonable spacing between each side of the Amazon Mark and other visual, graphic, or textual elements. Under no circumstance can any Amazon Mark be placed on any background that interferes with the readability or display of that Amazon Mark.
Together with each piece of content on your Site that includes any Amazon Marks, you must prominently include a statement stating that those Amazon Marks are trademarks of Amazon.com, Inc. or its affiliates. For example, if your website displays the Amazon.com logo, you would include the following statement on the same site page: “Amazon and the Amazon logo are trademarks of Amazon.com, Inc. or its affiliates.”
All rights to the Amazon Marks are our exclusive property, and all goodwill generated through your use of any Amazon Mark will inure to our exclusive benefit. You will not take any action that conflicts with our rights in, or ownership of, any Amazon Mark.
You cannot display or otherwise use any trademark or logo of any third party seller or vendor on the Amazon Site in connection with any Special Link unless you have obtained from that seller specific written authorization to do so.
You cannot use any trademark of Amazon or any of its affiliates (whether or not it’s an Amazon Mark), or a variant or misspelling of such a trademark:
(a) In any domain name or subdomain name (for example, you cannot use a domain name or subdomain name such as “amaozn.com”, “kindlemagazines.mydomain.info”, “kindlewirelessreader.co.uk”, “friendazon.com”, “amazon.blogspot.com”, “amazonmusicblog.wordpress.com”, “imdb-videos.info”, or “johnsamazon.org”);
(b) In any username, group name, or other identifier on any social networking site (for example, you cannot use a username such as “Amazon Japan”, “Aammazon”, “Kindle For You”, “Amazonian Seller”, “Bookazon”, “@BuyKindlesFromMe”, “IMDB Number One Fan”, or “Buyazon Bargain” on a site such as Facebook, Twitter, Instagram, or YouTube); or
(c) In any application name (for example, you cannot use an application name such as “Shop Amazon App”, “Appazon”, “Kindle Book Shop”, “IMDB Search App”, or “Buyazon Bargain App”).
We reserve the right to modify the approved Amazon Marks, at any time and in our sole discretion, by posting a change notice or revised Trademark Guidelines on the Associates Site.
We reserve the right to take appropriate action against any use without permission or any use that does not conform to these Guidelines, at any time and in our sole discretion.
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Associates Program IP License (“License”)
This License governs your use of Content in connection with your participation in the Associates Program.
By accepting the Agreement, or by accessing or using the Content, including the proprietary application programming interfaces and other tools (collectively, the “PA API”) that permit you to access and use certain types of data, images, text, and other information and content relating to Products (“Product Advertising Content”) which we may make available to you, you agree to be bound by this License.
Limited License to Content
Subject to the terms of the?Associates Operating Agreement?and solely for the limited purposes of participation in the Associates Program in strict compliance with the Agreement (including this License and the other Program Policies), we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to: (a) copy and display Content solely on your Site; (b) use only those of the Amazon Marks (as defined in the?Trademark Guidelines) we make available to you as part of the Content, solely on your Site and in accordance with the?Trademark Guidelines, and (c) access and use the PA API, Data Feed, and Product Advertising Content solely in accordance with the Specifications and this License.
You will use Content solely in accordance with the terms of the?Associates Operating Agreement?and within the express scope of the license granted herein. Without limiting the foregoing, you will (a) use Content solely to send end users and sales to the Amazon Site and will not link any Content to, or in conjunction with any Content, direct traffic to any page of a site other than the Amazon Site (however, parts of your Site that are not closely associated with the Content may contain links to sites other than the Amazon Site) and (b) link each use of the Content solely to the related Product detail page or other relevant page of the Amazon Site and not to any other page.
The Product Advertising API or Data Feed may allow you to access data, images, text, and other information and content relating to products offered on one or more affiliate sites. If you use the PA API or Data Feed to access or use any such data, images, text, or other information or content, you agree to comply with and be bound by the terms of the applicable license agreement for the PA API or Data Feed (or equivalent service) providing Product Advertising Content from such affiliate sites.
The License will immediately and automatically terminate if at any time you do not timely comply with any obligation under the Program Documents (as defined in the Fee Schedule) or, or otherwise upon termination of this Agreement. In addition, we may terminate the License in whole or in part upon written notice to you. You will promptly stop using the Content (including the PA API and Data Feed) and promptly remove from your Site and delete or otherwise destroy all of the Content and Amazon Marks with respect to which the License is terminated or as we may otherwise request from time to time.
PA API Usage Requirements
(a) Description. Under this License, we may make available to you Content including the following:
? Data, images, audio, video, logos, user interface designs, and other creative designs; and
? Textual materials, such as textual Product information.
In addition to the foregoing Product Advertising Content and access to the PA API, we may make available from time to time for use in connection with the PA API sample source code and libraries, each of which will be made available to you under a separate license that accompanies each sample source code or library, as applicable. In connection with the PA API, we may also make available specifications, user manuals, guides, supporting materials, and other information, regardless of format, describing the operational and functional capabilities, use limitations, technical and engineering requirements, and testing and performance criteria relevant to the proper use of the PA API (collectively, “Specifications”). “Product Advertising Content,” as used in this License Agreement, specifically excludes any sample source code or libraries we make available to you under a separate license and any Specifications that we make available. It also specifically excludes any data, images, text, or other information or content relating to products offered on any site other than the Amazon Site.
(b) Obtaining Product Advertising Content. You may obtain Product Advertising Content by making calls to the PA API. If we provide express prior written approval, you may also obtain Product Advertising Content through a data feed (“Data Feed”) that we make available via file transfer protocol. To request our approval for access to Product Advertising Content through a Data Feed, contact us via this?link. If you obtain Product Advertising Content through a Data Feed, your access to and use of the Data Feed is subject to this License. You acknowledge that we may change, deprecate, or republish the PA API or Data Feed, or any features of the PA API or Data Feed, at any time and from time to time, and you agree that it is your responsibility to ensure that your access to and use of the PA API or Data Feed is compatible with the then-current requirements (including this License and all Program Policies).
You must use both a unique public key/private key pair (each key pair, an “Account Identifier”) and an Associates tag parameter (which can be either the Associate ID issued to you under the Amazon Associates Program or a related Associates Program tracking ID) to identify your account and make calls to the PA API. You may obtain your Account Identifiers through the PA API account creation process.
If you obtain Product Advertising Content through a Data Feed, you must use a unique username/ password combination to access the Data Feed (“Data Feed Access ID”). You must obtain your Data Feed Access ID as part of the Data Feed approval process.
We may change your Account Identifiers or Data Feed Access ID from time to time. An Account Identifier that is a private key or a Data Feed Access ID that is a password is for your personal use only, and you must maintain its secrecy and security. You may not sell, transfer, sublicense, or otherwise disclose your private key or password to any other person or entity. An Account Identifier that is a public key or a Data Feed Access ID that is a username is not secret.
You are responsible for all activities that occur under your Account Identifiers and/or Data Feed Access ID, as applicable, regardless of whether those activities are undertaken by you or any other person or entity. Therefore, you should contact us immediately if you believe that someone other than you may be using your private key or password, or if your private key or password is otherwise disclosed, lost, or stolen. You may not use any Associates tag parameter, Account Identifier, or Data Feed Access ID assigned to anyone other than you or that we did not specifically assign to you.
(c) Usage Requirements. By making calls to the PA API, accessing the Data Feed, or using Product Advertising Content, you agree to comply with following requirements:
i. You will use Product Advertising Content only in a lawful manner in accordance with and within the express scope of the terms of this License. You will not use the PA API, Data Feed, or Product Advertising Content with any site or application, or in any other manner, that does not have the principal purpose of advertising and marketing the Amazon Site and driving sales of products and services on the Amazon Site.
ii. You will comply with all pages, schedules, policies, guidelines, and other documents and materials, including all Specifications, referenced in this License and the Program Policies.
iii. You will link each use of Product Advertising Content to, and only to, the relevant page of the Amazon Site (for example, the relevant Product detail page or other page to which particular Product Advertising Content most directly relates), and you will not link any Product Advertising Content to, or in conjunction with any Product Advertising Content direct traffic to, any page of a site other than the Amazon Site (however, parts of your application that are not closely associated with Product Advertising Content may contain links to sites other than the Amazon Site).
(d) You will not, without our express prior written approval, use any Product Advertising Content on or in connection with any site or application designed or intended for use with a mobile phone or other handheld device (which prohibition apply neither to any site that is not designed or intended for use with such devices but that may be accessible by such devices, such as a non-mobile-optimized site accessed via an internet browser on a tablet device, nor an Approved Mobile Application as defined in the?Participation Requirements?or any television set-top box (e.g., digital video recorders, cable or satellite boxes, streaming video players, blu-ray players, or dvd players) or Internet-enabled television (e.g., GoogleTV, Sony Bravia, Panasonic Viera Cast, or Vizio Internet Apps).
(e) You will not, without our express prior written approval, access or use the PA API or Data Feed for the purpose of aggregating, analyzing, extracting, or repurposing any Product Advertising Content or in connection with any software or other application intended for use by persons or entities that offer products on the Amazon Site.
(f) You will not (i) interfere, or attempt to interfere, in any manner with the functionality or proper working of the PA API; (ii) compile or use Product Advertising Content for the purpose of direct marketing, spamming, unsolicited contacting of sellers or customers, or other advertising activities; or (iii) remove, obscure, alter, or make invisible, illegible, or indecipherable, any notice, including any notice of intellectual property or proprietary right, appearing on or contained within the PA API, Data Feed, Product Advertising Content, or Specifications.
(g) You will not, and will not attempt to (i) modify, alter, tamper with, repair, or otherwise create derivative works of the Specifications or any software included in Product Advertising Content; or (ii) reverse engineer, disassemble, decompile, or otherwise derive any source code of or relating to the PA API, Data Feed, or any software included in Product Advertising Content.
(h) You will not store or cache Product Advertising Content consisting of an image, but you may store a link to Product Advertising Content consisting of an image for up to 24 hours. You may store other Product Advertising Content that does not consist of images for caching purposes for up to 24 hours, but if you do so you must immediately thereafter refresh and re-display the Product Advertising Content by making a call to the PA API or retrieving a new Data Feed and refreshing the Product Advertising Content on your application immediately thereafter. Unless otherwise notified by us, you may store individual Amazon Standard Identification Numbers (ASINs) for an indefinite period until the termination of this License. Notwithstanding the foregoing, if your application includes a client application, the client application may not store or cache Product Advertising Content. Upon our request you will, within three business days of our request, furnish us with a copy of any client application that includes or uses Product Advertising Content for the purpose of verifying your compliance with this License.
(i) You will include a date/time stamp adjacent to your display of pricing or availability information on your application if you obtain Product Advertising Content from a Data Feed, or if you call the PA API or refresh the Product Advertising Content displayed on your application less frequently than hourly. However, during the same day on which you requested and refreshed the pricing and availability information displayed on your application, you may omit the date portion of the stamp. Examples of acceptable messaging include:
? Amazon.com Price: $32.77 (as of 01/07/2008 14:11 PST - Details)
? Amazon.com Price: $32.77 (as of 14:11 PST - More info)
Additionally, you must either include the following disclaimer adjacent to the pricing or availability information or provide it via a hyperlink, pop-up box, scripted pop-up, or other similar method: "Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on at the time of purchase will apply to the purchase of this product." In the above examples, "Details" and "More info" would provide a method for the end user to read the disclaimer.
(j) You will not exceed, or if you build and release an application that calls the PA API, each copy of that application that is installed by an end user will not exceed, any limit on calls per second set forth in any Specifications (or that we otherwise notify you apply) and you will not send files to or from the PA API that are greater than 40K without our prior written approval.
(k) If you display Product Advertising Content consisting of text on your application, you will include the following disclaimer in plain view to end users of your application: “CERTAIN CONTENT THAT APPEARS COMES FROM AMAZON SERVICES LLC. THIS CONTENT IS PROVIDED ‘AS IS’ AND IS SUBJECT TO CHANGE OR REMOVAL AT ANY TIME.”
You agree to provide us with any information that we request to verify your compliance with this License.
(l) We may terminate this License if we determine that you or other persons that we determine are affiliated with you or acting in concert with you (whether in respect to any existing or previously terminated account):
i. have not complied with any requirement or restriction described in this License or any Program Policies or have otherwise violated this License;
ii. have not complied with any requirement or restriction in, or otherwise violated, any license agreement governing your access and use the PA APIs provided by any of our affiliates; or
iii. have not complied with any requirement or restriction in, or otherwise violated, any agreements governing participation in any Associates Program offering provided by us or any of our affiliates.
Reservation of Rights; Your Submissions
Other than the limited licenses expressly set forth herein, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to, and you do not, by virtue of this License or otherwise, acquire any ownership interest or rights in or to, the Associates Program, Special Links, link formats, Content, PA API, Data Feeds, Product Advertising Content, any domain name owned or operated by us, information and materials on any Amazon Site or the Associates Site, our and our affiliates’ trademarks and logos (including the Amazon Marks), and any other intellectual property and technology that we provide or use in connection with the Associates Program (including any application program interfaces, software development kits, libraries, sample code, and related materials).
If you provide us with suggestions, reviews, modifications, data, images, text, or other information relating to any Content or in connection with your participation in the Associates Program, or if you modify any Content in any way (collectively, “Your Submission”), you hereby irrevocably assign to us all right, title, and interest in and to Your Submission and grant us (even if you have designated Your Submission as confidential) a perpetual, paid-up royalty-free, nonexclusive, worldwide, irrevocable, freely transferable right and license to: (a) use, reproduce, perform, display, and distribute Your Submission in any manner; (b) adapt, modify, re-format, and create derivative works of Your Submission for any purpose; (c) use and publish your name in the form of a credit in conjunction with Your Submission (however, we will not have any obligation to do so); and (d) sublicense the foregoing rights to any other person or entity. Additionally, you hereby warrant that: (y) Your Submission is your original work, or you obtained Your Submission in a lawful manner and (z) our and our sublicensees’ exercise of rights under the license above will not violate any person’s or entity’s rights, including any copyright rights. You agree to provide us such assistance as we may require to document, perfect, or maintain our rights in and to Your Submission.
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Associates Program Amazon CPM Ads Policy (“CPM Ads Policy”)
You may earn fees by displaying advertisements made available through the Associates Site (“Ads”) on your Site as part of our CPM Ads Program. The content of the Ads (e.g., the images, video, text, URL linked to from the Ad, and other information we provide) is considered Content under the?Associates Operating Agreement. You may not display Ads on sites that are not your Site. We will make all determinations regarding the selection and display of Ads in our sole discretion, including by applying frequency caps that limit the number of times an end user may see a given Ad over a particular time period.
When you request Ad code from us, you will have the option to select an advertising fee type (for example, being paid on a CPM basis) and a minimum advertising fee rate applicable to that Ad code. Advertising fees payable to you will be based upon a rate we determine from time to time in our sole discretion, provided that the rate payable for a particular Ad unit will not be less than the minimum rate you designated when generating the Ad code for that unit.
You will not earn advertising fees if we determine in our sole discretion that:
(a) the Ad was displayed in violation of the Agreement (including all Program Policies),
(b) clicks or impressions of Ads on your Site were low quality or fraudulent (for example, fraudulent or repetitive clicks or impressions, including those that are generated through the use of robots or other automated tools or computer-generated requests), or
(c) the applicable Ad code was modified from what we provided.
All determinations and calculations of amounts payable to you for display of Ads (whether the advertiser is us, our affiliates, or a third party advertiser) will be made in our sole discretion and are final and binding.
We will pay you advertising fees for your display of Ads in accordance with Section 7 of the?Fee Statement.
Additional Ads Participation Requirements
(a) You will not send us more than three Ad requests per end user per page of your Site. Following any termination of your participation in the CPM Ads Program, you agree to immediately cease making Ad requests to us.
(b) You will not display any Ad or other Content within any pop-up or pop-under windows, transitional page ads, or in layer ads around or in conjunction with any site that is not your Site.
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