All your affiliate program data in one place
One dashboard to track Transactions - Revenues - Clicks - Payments with Strackr.com
Try for free
With over 40 years’ experience, Ann's Cottage Surf Shops are the UK’s number 1 surf and lifestyle fashion online store and have become one of Europe's most iconic and respected surf & lifestyle retailers in Europe . We sell to over 60 countries worldwide suppling the very best surf hardware and must have fashion essentials to thousands of happy customers each year. This program offers a 30-day cookie duration period.
Through the Ann Summers affiliate program, your page visitors will discover a market leader for intimate apparel and accessories. Users will find lingerie, lotions, books, DVDs and much more in their 140 high street stores and website. This program offers a 30-day cookie duration.
Ann Taylor is a leading women’s fashion brand known for sophisticated, versatile clothing and accessories designed for work and everyday life. They offer timeless styles, modern essentials, and polished pieces that empower women to look and feel their best. With a focus on quality and fit, Ann Taylor continues to inspire confidence and elegance for women seeking effortless style.
Ann Taylor Factory offers unique, high-quality designs at an incredible value including suits, dresses, pants, and much more in over 100 stores and now online. They believe every woman deserves a life of possibility and that life deserves a wardrobe to match. This program has a 1 day cookie duration.
Through the AW Bridal Affiliate Program, your site visitors can shop wedding dresses, bridesmaid dresses, tiaras & crowns, and other accessories - at an affordable cost! This program offers a 90-day cookie duration.
With more than 60 years of experience dressing women for life's special occasions, David's Bridal is known for offering an unbeatable selection of exquisitely crafted wedding dresses, bridesmaid dresses, party dresses, and accessories, all at amazing prices. This program offers a 10-day cookie duration.
Through the David's Bridal Affiliate Program, your site visitors can shop wedding dresses, bridesmaid dresses, prom gowns and more! The company started out as a single Florida bridal salon in 1950 and has since grown into an international success. This program offers a 14-day cookie duration.
For customers that always want to have a fresh wardrobe, Infinite Style by Ann Taylor is a clothing rental subscription service that allows them to enjoy unlimited free shipping and exchanges on a wide selection of Ann Taylor garments for monthly flat fee. This program offers a 14-day cookie duration.
Ann Demeulemeester, a member of the Antwerp Six, redefined Belgian fashion with timeless designs. Now under the Antonioli Group, with Stefano Gallici as creative director, the brand evolves boldly while staying true to its heritage.
Sexy, Daring, Provocative - We stand for sexual liberation, experimentation and mind-blowing satisfaction. We?ve dominated the market for over 40 years & encourage sexual awakening. We are synonymous with female empowerment.
Ann Taylor embodies and celebrates the spirit, heritage, and confidence of modern American women leading lives that they love. For everyday moments and moments of a lifetime, Ann Taylor?s pieces celebrate timeless, effortless style.
A wedding is about happiness, bliss, and the promise of growing old together. Here at AW Bridal Collection, these are our motto from day one. We hope to share with you, everything you need in these cherished happy moments.
BMbridal.com Located in Oregon, the United States, we are aiming to be a convenient online shop that focuses on affordable bridesmaid dresses for any kind of wedding aesthetic. Your wedding is supposed to be this magical day in your life that you don’t get do-over live again, which is why we want you to make it unforgettable. That starts by dressing the most important women in your life in dresses that will make them shine, sparkle, and glow as they watch you profess your love publicly.
About Ann Summers
Ann Summers is a market leader and ranked No.1 for Intimate Apparel and Accessories, according to web analyst Hitwise. Ann Summers have over 140 High Street stores and one of the most successful websites on the internet. With an annual turnover exceeding £150m, Ann Summers rank as one of the most successful private companies in the UK.
Ann Summers is not just about sex toys; we also have hundreds of other products ranging from dressing up outfits, lingerie, lotions, hen night essentials, books, DVDs and much more. Unlike other retailers, Ann Summers is the only retailer of its kind to test all products with our customers before selling them.
Ann Summers Affiliate Program
When you join our program you will immediately start to earn a 10% commission on all your referred sales that fall within the 30-day cookie period. With an average order value of £40, as an affiliate you are bound to earn good commissions on all your referred sales.
Current Commission Structure
New Customers 10% Commission
Existing Customers 6% Commission
Promotional Tools
Pay Per Click Policy: CLOSED
Affiliates are not permitted to bid on the brand name, misspells or any variations of thereof. Ann Summers also does not permit affiliates to bid on the term “rampant rabbit” and variations as this is a an Ann Summers registered trademark.
We request that you negatively match the terms below both as keywords and misspellings and as a broad term.
Linking – Direct linking is strictly prohibited
Affiliates are also not permitted to use pop-unders.
Validations and Deduping
Ann Summers sales will be processed manually after validations at the beginning of each month. Delay in getting payment may be expected due to extended validations period.
About
David's Bridal:
With more than 60 years of experience dressing women for lifes special
occasions, Davids Bridal is known for offering an unbeatable selection
of
exquisitely crafted wedding dresses, bridesmaid dresses, party dresses,
and accessories,
all at amazing prices. From our beginning in 1950 as a family-owned
salon, we
have grown to more than 300 stores nationwide with locations in Canada
and the
United Kingdom. The first-ever Davids Bridal franchise is scheduled to
open in
Mexico City in late 2016.
With a reputation for outstanding value, fashionable designs, and the
ease of
one-stop shopping, Davids Bridal dresses nearly 60% of all brides in
the
United States. Working with a knowledgeable bridal consultant, a
customer can
enjoy trying on a wide selection of gowns and dresses in her size with
the
added convenience of most styles being available to take home the same
day.
Affiliate Terms & Conditions:
This Affiliate Participation Agreement (the Agreement) contains the
terms and
conditions that apply to your participation as a member of the
affiliate
program (the "Affiliate Program") for www.davidsbridal.com and the
associated mobile website, if applicable (the "Merchant Website"),
which is a website owned by DAVIDS BRIDAL ("we" "us" or
"Merchant"). This Affiliate Program is administered through
Pepperiam, LLC (Pepperjam), operators of the Pepperjam affiliate
network (the
Network). In this Agreement you are referred to as "you", "your"
or "Affiliate".
THIS IS A LEGALLY BINDING AGREEMENT. BY JOINING THIS AFFILIATE PROGRAM
AND
RECEIVING AND USING LINKS TO THE MERCHANT WEBSITE, YOU ARE CONFIRMING
THAT YOU
HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS
AND
CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF
THE
TERMS OR CONDITIONS SET FORTH HEREIN, DO NOT JOIN THIS AFFILIATE
PROGRAM.
PEPPERJAM IS A THIRD PARTY BENEFICIARY. YOU ACKNOWLEDGE THAT PEPPERJAM
IS AN
INTENDED THIRD-PARTY BENEFICIARY OF THIS AGREEMENT AND HAS THE RIGHTS
TO ENFORCE
THIS AGREEMENT AND TO BENEFIT FROM ALL THE RIGHTS AND LIMITATIONS
HEREUNDER.
1. Enrollment; Eligibility. In order to participate in this Affiliate
Program
you must complete a participant application that is accessible through
this
Merchant Website or through the Network. You will be notified if your
application has been accepted or rejected. We reserve the right to
reject any
application in our sole discretion. If we reject your application, you
may
reapply at anytime. Only websites with general or United States based
domain
name extensions (e.g. .com, .net, .org, .us, etc.) and primarily serve
a United
States based audience are eligible for participation in this Affiliate
Program.
You must be at least 18 years of age to join this Affiliate Program. By
submitting
an application to participate in this Affiliate Program, you represent,
warrant, covenant and agree that (i) all information that you provide
to us or
Pepperjam in connection with your participant application and/or in
connection
with your participation in this Affiliate Program is true, complete and
accurate, (ii) you have all necessary rights and authority to enter
into this
Agreement and perform your obligations hereunder, (iii) this Agreement
will
constitute a legal, binding and enforceable agreement against you in
accordance
with the terms and conditions herein, and (iv) your execution and
performance
hereunder will not conflict with or result in a breach or violation of
any
other agreement, arrangement or understanding to which you are bound.
2. Suitability of Affiliate Websites. (a) Your websites are not
suitable and
you may not participate in the Affiliate Program if the websites
operated by
you violate any of the following website suitability restrictions.
Further, you
represent, warrant, covenant and agree that none of your participating
websites
or any content or technology contained thereon will, at anytime during
the
period that you are an affiliate in this Affiliate Program, violate any
of the
following website suitability restrictions. In the event that we
believe that
you have violated any of the following website suitability restrictions
we may,
in addition to all other rights and remedies that we may have,
terminate this
Agreement and your participation in this Affiliate Program without
notice. Your
participating websites may not:
(i) infringe on our or any other person's or entity's intellectual
property,
publicity, privacy or other rights, (ii) fail to state a clear online
privacy
policy to your visitors, (iii) require a username or password to access
your
websites, without our prior written consent (including via email), (iv)
violate
any law, rule or regulation, (v) contain any content that is
threatening,
harassing, defamatory, obscene, harmful to minors, or contains nudity,
pornography
or sexually explicit materials, (vi) contain any viruses, Trojan
horses, worms,
time bombs, cancelbots, or other computer programming routines that may
damage,
detrimentally interfere with, surreptitiously intercept, or expropriate
any
system, data, or personal information, (vii) contain material that is
false,
inaccurate, fraudulent or misleading or that promotes pyramid or
similar
schemes; (viii) promote violence or any illegal or immoral activity,
(ix)
promote discrimination based upon gender, race, religion, nationality,
disability, sexual orientation or age, (x) use or promote the use of
bulk email
or spam, (xi) 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, (xii) use any software that gathers information through the
customer's
Internet connection without his or her knowledge, (xiii) install
spyware on
another person's computer, or cause spyware to be installed on another
person's
computer, or utilize any "opt-out downloads". An "opt-out
download" is any software, program, script, tool or element that would
automatically download to a user's computer or that would become
operative when
the user accesses the Internet unless the user takes affirmative action
to
prevent the download. (xiv) use a context based triggering mechanism to
display
an advertisement that partially or wholly covers or obscures paid
advertising
or other content on an Internet website in a way that interferes with a
user's
ability to view the Internet website, or use browser-embedded
contextual
targeting applications or other applications which serve advertisements
(pop-up
ads and pop-unders, in-browser ads and highlighting of website content
and
redirecting to websites with similar content, regardless of whether any
such
advertisements are served directly by you or is provided or purchased
from a
third-party) on Merchants or Merchants competitors websites or on any
other
website other than your websites. (b) You may not (i) engineer you
websites in
a manner designed to direct or pull Internet traffic away from our
Merchant
website, (ii) attempt to modify or alter our Merchant website in any
way; (iii)
make any representations, either express or implied, or create an
appearance
that a visitor to your website is visiting our website, e.g.,
"framing" the Merchant website, without our prior written approval;
or (iv) "scrape" or "spider" any Merchant website or any other
website for Merchant Content (as defined below). (c) You may not
purchase
products during sessions initiated through Qualified Links (defined
below) on
your websites for resale, or commercial use of any kind. Such purchases
may
result, in our sole discretion, in the withholding of the Commission or
the
termination of this Agreement. (d) We have the right in our sole and
absolute
discretion to monitor your websites at any time and from time to time
to
determine if you are in compliance with the terms of this Agreement,
and you
agree to provide us with unrestricted access to your websites for such
purpose.
(e) Network Properties. If you are an affiliate network or if you
otherwise
represent other affiliate publishers, in order to participate in this
Affiliate
Program, you must represent, warrant, covenant and agree that (a) you
will not
utilize blind member networks and that you will disclose to us the
names of
your member sites and properties (Network Properties) upon our
reasonable
request; (b) you have advised your Network Properties (and provided appropriate
training where applicable) with respect to their obligations under the
Advertising Rules in Section 5, including the FTC Endorsement Guides
and will
advise your Network Properties to comply with our Social Media and
Disclosure
Policy, attached hereto at Exhibit A; (c) you have implemented
reasonable
monitoring practices and procedures to ensure that your Network
Properties are
complying with this Agreement and the Advertising Rules; (e) You will
suspend
and/or terminate any of your Network Properties from working in
connection with
us and Pepperjam if they fail to comply with this Advertising Rules.
Without
limiting the foregoing, you expressly agree and acknowledge that you
are
responsible for all acts and omissions of your Network Properties and
will
ensure that each such Network Property has agreed to and will comply
with all
the terms and conditions of this Agreement that apply to their conduct,
including but not limited to the Advertising Rules. You will notify us
and
Pepperjam immediately if you suspect that any of your Network
Properties is in
violation of this Agreement or the Advertising Rules.
3. Right to Use Merchant Content. (a) Subject to the terms and
conditions
herein, we hereby grant to you, during the term hereof, a limited,
non-exclusive, non-transferable, revocable, non-sublicenseable,
non-assignable
right to (i) access the Merchant Website through Qualified Links
(defined
below) provided by us from time to time, and (ii) use and display the
Merchant
Content (as defined below) that we may make available to you from time
to time
solely as provided to you through the Network and solely for the
purpose of
generating the sale of Merchants products from your website that we
have
approved and solely in connection with your participation in this
Affiliate
Program. Should you partner with Merchant independently of this
Affiliate
Program for sponsored content or otherwise, you shall not be entitled
to any
fees earned as a result of any Qualified Link inclusion in such
sponsored
content, unless otherwise mutually agreed upon in writing. Qualified
Links (as
defined in subsection 3(b) below) shall only be included in sponsored
content
upon express written consent by Merchant. This shall apply to any and
all
future, or previously provided Qualified Links present in Merchant
sponsored
content as a result of a partnership agreement.
Any
attempt to sublicense, assign or transfer this right is void.
We may terminate your rights to use the Merchant Content for any reason
at any
time in our sole and absolute discretion.
(b) A
"Qualifying Link" means a link from your website to our website using
one of the URLs or graphic links provided by us (or through the
Network) for
use in the Affiliate Program that allows Pepperjam to track the use of
such
links by your visitors. All Qualifying Links that you will use in the
Affiliate
Program will be provided to you from the Network or by other means
selected by
us, and only valid Qualifying Links generated by the Network or by us
will be
tracked for purposes of determining the payment you may be eligible to
receive
on sales of products generated through your website. Except for the
right to
use the Merchant Content provided to you by us hereunder, we are not
granting
you any rights in, and you represent, warrant, covenant and agree that
you will
not use, in any manner, any trademarks, service marks, trade names,
logos,
banners, buttons, graphics, digital images, text, or other content or
materials
owned or controlled by us or any Merchant Party (defined below). (c)
Upon
termination of this Agreement, for any reason, you shall immediately
cease
using, displaying or otherwise maintaining any interest in the Merchant
Content. For purposes of this Agreement "Merchant Content" means any
and all trademarks, service marks, trade names, logos, banners,
buttons,
digital images, graphics, text and other content and material which we
may, in
our sole discretion, make available to you in connection with this
Affiliate
Program from time to time.
4. Special Offers.
(a) From time to time, we may post on the Network special offers
("Special
Offers") to pay certain members of the Affiliate Program, chosen at our
sole discretion, a specified alternate or additional Commission on
sales of
certain products. The terms of a Special Offer, as posted on the
Network or
otherwise communicated to such members, shall be governed by the terms
and
conditions of this Agreement. However, in the event of any
inconsistency
between the terms of the Special Offer and the terms of this Agreement,
the
terms of the Special Offer shall govern. (b) Advance notice of
promotions,
sales and special events is Confidential Information of ours until such
events
are publicized by us. From time to time you may be given prior notice
of such
events so that you may prepare content on your Website. The existence
of such
event and any Merchant Content provided to you is Confidential
Information and
may not be disclosed by you prior to the date specified by us. You also
agree
upon notice to promptly remove any Confidential Information from your
site upon
our request.
5. Advertising Rules. IF YOU FAIL TO COMPLY WITH ANY OF THE
RESTRICTIONS IN
THIS SECTION 5, AT OUR SOLE DISCRETION, YOU FORFEIT ANY COMMISSIONS OR
OTHER
PAYMENTS OTHERWISE EARNED BY YOU DURING SUCH TIME THAT YOU ARE NOT IN
COMPLIANCE. References to your site shall also include any of your
social
media pages or posts and your mobile applications, and any
advertisements you
purchase on the Internet, email, or other media. (a) Obtaining and
Using
Merchant Content. You agree that you will not, except as specifically
provided
for in this Agreement (i) copy or obtain any images or other content
relating
to the Merchant from the Merchant Website or elsewhere, except through
the
Network, (ii) copy or display any Merchant Content, (iii) modify,
adapt,
translate or create derivative works based on the Merchant Content,
(iv)
remove, erase, or tamper with any copyright or other proprietary
notices in any
copy of any of the Merchant Content, (v) sell, market, license,
sublicense,
distribute, disclose or otherwise grant to any person or entity any
right or
interest in the Merchant Content, (vi) take any action which may cause
deception, confusion or otherwise dilutes the quality of the Merchant
Content
or the goodwill associated therewith, or (vii) use the Merchant Content
in any
manner which disparages or portrays us in a false, competitively
adverse or
poor light. (b) No Search Keyword Purchasing. You agree that you will
not purchase
or bid for the placement of our business or product names or trademarks
or any
variation or misspelling thereof within any third party search engine
or social
media network or other similar website or application (such as keywords
and
hashtags), including but not limited to Google, Bing, AOL, Yahoo!, MSN,
Facebook, Twitter, Pinterest, and Instagram. Bidding is also prohibited
on any
of Davids Bridal designer terms or any variations of the following:
White by
Vera Wang, Truly Zac Posen, Wonder by Jenny Packham, Melissa Sweet,
Oleg
Cassini, Galina. Other designer terms may be added at the discretion of
Davids
bridal. (c) References to Merchant Website. You also agree to the
following
additional advertising rules: (i) all advertisements by you must be
directed to
your site or a page within your site, (ii) none of your advertisements
may link
directly to the Merchant Website or any page within the Merchant
Website, (iii)
you will not show the Merchant Website URL as the URL in your ads, (iv)
you
will not use the words "official site" or words to similar effect in
connection with any use of our trademarks, or otherwise suggest or
imply that
your site is an official Merchant site or partner, and (v) you will
stop
bidding on any search term at our request. (d) Trademark and Look and
Feel
Restrictions. Additionally, you agree that (i) you will not include any
name,
trademark, trade name, service name, logo or similar business
identifier, or
any variation or misspelling thereof, which is owned or controlled by
us in any
domain name, URL, or similar identifier used by you, (ii) you will not
alter or
attempt to alter the look, feel, content, features or functionality of
the
Merchant Website, (iii) you will immediately substitute or remove any
Merchant
Content from your websites at our request, (iv) your websites will not
in any
way copy or resemble the look, feel or content of the Merchant Website
or
create any impression that your websites are part of the Merchant
Website, (v)
you will not purchase or contract with any other person or entity to
exploit
any name, trademark, trade name, service name, logo or similar business
identifier, or any variation or misspelling thereof, which is owned or
controlled by us for any purpose, (vi) you will not use any Merchant
Content in
a manner which links or otherwise directs potential customers to any
website
other than the Merchant Website, and (vii) you will not attempt to
intercept or
redirect potential customers from or on the Merchant Website or any
other
website participating in this Affiliate Program. (e) Promotion Codes
&
Coupons. You may not, without our prior written consent, utilize any
promotion,
promotion code, coupon, or other promotional opportunity that is not
specifically authorized for Merchant's Affiliate Program and explicitly
authorized for your use. (f) Communications with Consumers. You may
not,
without our prior written consent, (i) generate or send any email
messages,
text or mobile messages, or other electronic messages ("Electronic
Messages") using or containing our name or logo, or any variation
thereof,
or any of our trademarks or products, or any of the Qualifying Links or
URLs
provided to you as part of the Affiliate Program, (ii) send any
Electronic
Message that in any way suggests or implies or misleads or is likely to
mislead
(including without limitation, via the return address, subject heading,
header
information or message contents) a recipient into believing that we or
any
Merchant Party (defined below) was the sender or sponsor of such email
or
procured or induced you to send such email, (iii) forward,
redistribute, or
otherwise repurpose any Electronic Messages that we send our customers
or
members of the Network, and (iv) generate or send any unsolicited
Electronic
Messages in connection with this Agreement unless the recipient has
given his
or her prior consent to receive such message or any Electronic Messages
otherwise in violation of the CAN-SPAM Act of 2003, the Telephone
Consumer
Protection Act of 1991 (TCPA) or any other applicable laws or
regulations
(including any amendments or successor laws). (g) No Text Messages.
Notwithstanding the foregoing, you will not send any text messages on
behalf of
us or any Merchant Party or otherwise in connection with this
Agreement. (h)
COPPA. You will not collect personal information from sites that are
directed
to children under the age of 13 or knowingly collect personal
information from
any child under the age of 13 unless such collection is in accordance
with the
Childrens Online Privacy Protection Act (COPPA), as amended.
Further, you
will not knowingly direct or refer any children to the Merchant Site.
(i)
Endorsements and Testimonials. We require that our Affiliates and
affiliate
networks comply with all Federal Trade Commission rules and regulations
related
to advertising and marketing, including, but not limited to, Federal
Trade
Commission 16 CFR Part 255: Guides Concerning the Use of Endorsements
and
Testimonials in Advertising (FTC Endorsement Guides), which require,
among
other things, that material connections between advertisers and
endorsers be
disclosed in a clear an conspicuous manner. This means that
review/rating
sites, blogs, directories, and other websites, email, videos or
collateral that
purport to provide an endorsement, review or assessment of us or our
products,
services or sites must prominently disclose that you are a member of
the
Affiliate Program and that compensation is provided to you. For such
reasons,
you and your participating website(s) will at all times adhere to FTC
Endorsement Guides. If you promote us or our products, services or
sites via
reviews, blogs, directories, testimonials, endorsements or other forms
of
promotions or communications, (a) all such promotions or communications
will
reflect your honest views, opinions and experiences; and (b) you will
disclose
your affiliate relationship with us in accordance with the FTC
Endorsement
Guides and our Social Media and Disclosure Policy, attached hereto at
Exhibit
A.
6. Property Ownership Rights. You acknowledge and agree that we retain
all
rights, title and interest in and to all property rights embodied in or
associated with the Merchant Content. You represent, warrant, covenant
and
agree that you will not, and will not assist any third party to, now or
in the
future, (i) take any action challenging or otherwise inconsistent with
our
ownership of, or other right in, the Merchant Content, or (ii) register
or
attempt to register any trademark, service mark, logo, trade name,
domain name,
or similar business identifier, that contains any name, trademark,
service
mark, logo, trade name or other content or material owned or controlled
by us
or any derivation, including misspellings, thereof. All goodwill and
benefits
accruing from the use of the Merchant Content will automatically vest
in us.
You agree to cooperate with us and to take any additional actions
reasonably
requested by us to effect, perfect or confirm our rights, title and
interest in
the Merchant Content.
7. Operation and Maintenance of the Merchant Website. (a) You
acknowledge and
agree that we will accept or reject, in our sole and absolute
discretion, all
orders by customers for merchandise placed on or through the Merchant
Website.
You further acknowledge and agree that (i) you do not have any
authority to
make or accept any offer or commitment on behalf of us, (ii) we cannot,
and do
not, guarantee the availability of any merchandise or other services
offered
for sale on the Merchant Website, and (iii) we are solely responsible
for all
pricing, merchandising, order processing, order fulfillment, shipping,
returns
and all other aspects of the Merchant Website and the sale of
merchandise
thereunder. Customers who access the Merchant Website will be deemed
our
customers. Accordingly, all of our then applicable rules, policies and
procedures concerning orders, returns, refunds, customer service,
privacy and
other terms of use and sale will apply to such customers. As between
the
parties, all information obtained through the use of the Merchant
Website shall
be our exclusive property. (b) We may change our policies and operating
procedures at any time in our sole discretion. For example, we will
determine
the prices to be charged for products sold under the Affiliate Program
in
accordance with our own pricing policies. Product prices and
availability may
vary from time to time. We will use commercially reasonable efforts to
present
accurate information, but we cannot guarantee the availability or price
of any
particular product or the error-free or uninterrupted operation of our
website
or the Network. (c) Further, you agree to defend, indemnify and hold us
and the
Merchant Parties (defined below) harmless from all claims, damages, and
expenses (including, without limitation, attorneys fees) relating to
the development,
operation, maintenance or content of your website or any of your
Network
Properties websites.
8. Commission Payments. In some cases, we agree to pay you based on a
percentage of the sale resulting directly from a Qualifying Link, and
in other cases,
we may pay you a fixed fee or use another measure for payment for a
sale or
other action resulting directly from a Qualifying Link (each, a
Commission).
In cases where we pay you a Commission based on a percentage of the
resulting
sale: (a) During the term of this Agreement, we agree to pay you a
revenue
share (the "Revenue Share") equal to the applicable percentage of Net
Revenue determined pursuant to the schedule set forth in the Affiliate
Program
overview/description materials posted on the Network or otherwise
provide by
us. We reserve the right, at our sole discretion, to change, modify,
add or
remove portions of this Revenue Share schedule at any time without
notice. For
purposes of this Agreement, "Net Revenue" means all cash consideration
(not including any portion of payment made through the redemption
coupons or
credits, or the purchase of gift certificates or gift cards) from
merchandise
sold in a transaction resulting directly from a Qualifying Link tracked
by
Pepperjam from your website to the Merchant Website in accordance with
this
Agreement, where the customer purchases such merchandise, less all
taxes,
shipping and handling charges, gift wrapping and other value-added
service
charges, returns and chargebacks. You acknowledge and agree that we
will not be
obligated to pay any revenue share unless we actually ship the
applicable order
and receive full payment for such order. (b) A transaction will only be
deemed
to be resulting directly from a Qualifying Link tracked by Pepperjam
from your
website to the Merchant Website if: (i) such purchase is made during
the time
period set forth by us through the Network after the customer has
initially
entered our website through your tracked Qualifying Link ("Link Time
Window"). After the Link Time Window, we will not pay Commissions on
any
products that are added to a customer's shopping cart after the
customer has
re-entered our website or any other Commissionable actions (other than
through
a Qualifying Link from your), even if the customer previously followed
a link
from website your website to our website. (ii) your tracked Qualifying
Link is
the most recent referral to the Merchant Site prior to such purchase
among all
marketing channels tracked by us or Pepperjam. If we or Pepperjam are
able to
track a referral from another marketing channel (e.g. another
affiliate,
comparison shopping engine, paid search, banner advertisement or any
other
trackable marketing channel) that is more recent that your Qualifying
Link,
then the resulting purchase will be deemed to not be directly resulting
from
your tracked Qualifying Link. (iii) all determinations of Qualifying
Links and
whether a Commission is payable will be made by us and Pepperjam and
will be
final and binding on you. Commission payments for this program will not
be
eligible on purchases made through the Davids Bridal mobile
application,
PayPal, or on international orders outside the United States. (c)
Subject to
the terms and conditions of this Agreement, we will pay you the
above-described
Commission on a monthly basis. We will send, or cause to be sent, to
you a
check for the Commission earned, less any taxes or other amounts that
we may be
required by law to withhold. No interest will be paid on any such
amount held
by us. If a Commission payment is made hereunder and relates to
merchandise
that is later returned by the customer, the applicable Commission will
be
deducted from the next applicable payment hereunder. If any portion of
such
Commission cannot be recovered through a deduction, we will invoice you
for
such amount and you agree to pay this amount within 30 days after
receipt of
such invoice. Upon termination of this Agreement, we will send, or
cause to be
sent, to you, a check for the total amount of Commission then owed to
you as of
the termination date. The final Commission payment may be withheld by
us for a
reasonable period of time to ensure that the correct amount is to be
paid after
making any adjustments that may be required, including, but not limited
to,
adjustments for returns.
9. Pepperjam Tracking. (a) We will track sales made to customers who
purchase
products using Qualified Links, that you will generate using
Pepperjam's
technology, from your website to our website, and reports summarizing
this
sales activity will be available to you also through the Network. The
form,
content, and frequency of the reports are limited to those reports and
capabilities available through the Network and may vary from time to
time in
our and Pepperjam's reasonable discretion. We are not responsible for
any
changes that Pepperjam may make in their reporting format, timing, or
types of
reports available to the members of our Affiliate Program. To permit
accurate
tracking, reporting and fee accrual, you must ensure that the links
between your
website and our website are properly formatted. We are not responsible
for
improperly formatted links regardless of whether you have made
amendments to
the code or not. In addition, we are unable to track or provide you
credit for
sales from customers that are referred to us with browsers that do not
have
their cookies setting enabled. You hereby agree not to disclose the
such
information contained in Pepperjam reports regarding us to any third
party
without our prior written consent and that such information is the
property and
Confidential Information of ours. (b) You represent, warrant, covenant,
and
agree that (i) you are a member of Pepperjams network affiliate
program, and
(ii) you will not bypass, modify, circumvent, impair, disable or
otherwise interfere
with any links, web beacons, cookies or other technology provided by us
or
Pepperjam.
10. Responsibility for Your Websites and Your Participation. (a) You
will be
solely responsible for the development, operation, and maintenance of
all
websites that are linked to the Merchant Website hereunder and for all
content,
technology and other materials that appear on such websites. You
acknowledge
and agree that you are responsible for complying with all of the terms
and
conditions hereof and all applicable laws, rules and regulations. You
represent, warrant, covenant, and agree that: (i) you will not state or
imply
that we sponsor, endorse, sanction or otherwise approve your website or
any of
your products or service, (ii) you will not state or imply that you are
a
partner or agent of ours or otherwise take any action that could
reasonably
cause customers confusion as to our relationship with you, (iii) you
will not
take any action that could reasonably cause customers confusion as to
the
website on which any data collection, purchase transaction or other
functions
are occurring, (iv) you will make no false or deceptive representations
regarding the association of you with us or Pepperjam, (v) at all times
during
and after the term of this Agreement, you will protect all of our and
Pepperjam's Confidential Information (as defined below) that you obtain
or
otherwise have access to with the same degree of care that you use to
protect
your own confidential and proprietary information but in no event less
than a reasonable
standard of care, (vi) you will only use our and Pepperjam's
Confidential
Information to the extent necessary to perform your obligations
hereunder, and
(vii) you will not use or display any trademark, service mark, logo or
other
content of Pepperjam or infringe any of Pepperjam's intellectual
property
rights, (viii) you will promptly notify us and Pepperjam of any
malfunctioning
of the Qualifying Links or other problems with your participation in
the
Program, (b) For purposes of this Agreement, "Confidential
Information" means all non-public information provided or obtained by
you
about us or any Merchant Party, including, without limitation, all
customer
information, and all business and sales information related to
transactions
through this Affiliate Program. You will protect our Confidential
Information
from misappropriation and unauthorized use or disclosure, and at a
minimum,
will take precautions at least as great as those taken to protect your
own
confidential information of a similar nature. You will use such
Confidential
Information solely for the purposes for which it has been disclosed and
not for
the benefit of any third party.
11. Violation of Terms and Affiliate Indemnification. (a) Violation of
any of
the terms, conditions or prohibitions contained in this Agreement may
result
in, among other things, the forfeiture of Commission, immediate
termination of
this Agreement and the commencement of an action by us against you
seeking,
without limitation, injunctive relief, and the recovery of actual,
statutory
and punitive damages. (b) You, at your own cost and expense, will
indemnify,
defend and hold harmless, us, Pepperjam, our and their respective
parents,
subsidiaries and company affiliates, and each of their respective
directors,
officers, employees, agents, successors and assigns (collectively, the
Merchant Parties) against any claim, suit, action, judgment,
liability, loss,
cost, expenses and other damages (even if such claims are groundless,
fraudulent or false), including reasonable attorney's fees, based upon
or in
connection with (i) any breach or alleged breach of your
representations,
warranties, covenants agreements, or obligations hereunder, (ii) your
websites,
your Network Properties or any other related business, or any content,
technology or other materials displayed or contained thereon, including
but not
limited to with respect to claims of misappropriation or infringement,
(iii)
your (including your Network Properties) failure or alleged failure to
comply
with any applicable law, rule or regulation, including, but not limited
to, the
Federal Trade Commission Act and/or the FTC Endorsement Guides; (iv)
the
collection of personal information from sites directed to children
under 13
years of age or from children under 13 years of age, including, but not
limited
to, any claims for violations of COPPA; (vi) claims for unsolicited
text-messages, email, spamming and/or violation of the CAN-SPAM Act of
2003,
the Telephone Consumer Protection Act of 1991, and the Telemarketing
Sales
Rule, (vii) your misuse, unauthorized modification or unauthorized use
of the
services or materials provided by us or Pepperjam hereunder, or (viii)
any
actual or alleged wrongful or negligent act or omission by you.
12. Term and Termination. (a) This Agreement shall automatically
terminate on
the date on which we no longer maintain or you are no longer a member
of the
Affiliate Program contemplated hereunder. Additionally, either party
may
terminate this Agreement at any time and for any reason by providing
notice
(including via e-mail) to the other party. We may also terminate this
Agreement
immediately, without notice, if we determine, in our sole discretion,
that you
have breached this Agreement or that your website(s) is unsuitable to
participate in this Affiliate Program. If you do not generate at least
fifty
(50) click-throughs or at least one sale per month through Qualifying
Links,
you may be removed from the Affiliate Program. Either party may
terminate a
Special Offer at any time by deleting its acceptance through the
Network, and
such termination of a Special Offer shall not be deemed a termination
of this
Agreement or any other Special Offers. Sections 3(c), 4(b), 10-23
(together
with all other provisions that may reasonably be interpreted as
surviving
termination or expiration of this Agreement) will survive any
termination or
expiration of this Agreement. (b) Upon termination of this Agreement,
you will
immediately cease use of, and remove from your website, all links to
our
website and all Merchant Content. (c) You are only eligible to earn a
Commission during the term of this Agreement, and Commissions earned
through
the date of termination will remain payable only if the related orders
are not
canceled or returned by a customer. In addition, we may invoice you for
Commission that was paid to you prior to termination if those
Commissions
relate to products that are subsequently canceled or returned by a
customer. In
the event an overpayment is made by us, you agree to promptly remit
such overpayment
to us upon notification by us. We may withhold your final payment for a
reasonable time to ensure that the correct amount is paid.
13. Modification of Agreement. We reserve the right to modify this
Agreement,
at any time in our sole discretion, by posting a change of notice or a
new
agreement on the Network, and, if applicable, on the Merchant Website.
IF ANY
MODIFICATION IS UNACCEPTABLE TO YOU, YOU AGREE THAT YOUR SOLE RECOURSE
IS TO
TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THE MERCHANT CONTENT
AND
PARTICIPATION IN THIS AFFILIATE PROGRAM FOLLOWING ANY MODIFICATION OF
THIS
AGREEMENT SHALL CONSTITUTE CONCLUSIVE AND BINDING ACCEPTANCE TO ANY
MODIFICATION OR NEW AGREEMENT.
14. Warranty Disclaimer. NEITHER WE NOR ANY OTHER MERCHANT PARTY MAKES
ANY
WARRANTIES, REPRESENTATIONS, OR GUARANTEES, WITH REGARD TO THE PRODUCTS
OR
SERVICES SOLD THROUGH THE MERCHANT WEBSITE, THE OPERATION AND
MAINTENANCE OF
THE MERCHANT WEBSITE OR THE NETWORK, WHETHER EXPRESS OR IMPLIED,
ARISING BY LAW
OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
OR ANY
IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING,
OR
USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
NEITHER WE
NOR ANY OTHER MERCHANT PARTY MAKES ANY REPRESENTATION THAT THE
OPERATION OF THE
MERCHANT WEBSITE OR THE NETWORK WILL BE UNINTERRUPTED OR ERROR-FREE.
15. Limitation of Damages. NEITHER WE NOR PEPPERJAM OR ANY OTHER
MERCHANT PARTY
WILL HAVE ANY LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT
(INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE), PRODUCT LIABILITY OR OTHER THEORY) FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN
IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY LOSS OF REVENUE,
DATA OR
PROFITS ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE
AFFILIATE
PROGRAM. FURTHER, THE TOTAL, AGGREGATE LIABILITY OF THE MERCHANT
PARTIES
ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE AFFILIATE
PROGRAM WILL
IN NO EVENT EXCEED THE TOTAL COMMISSION PAID OR PAYABLE BY US TO YOU
UNDER THIS
AGREEMENT DURING THE PRECEDING SIX (6) MONTH PERIOD PRIOR TO THE DATE
SUCH
LIABILITY AROSE. ALL CLAIMS MADE HEREUNDER BY YOU AGAINST ANY MERCHANT
PARTY
SHALL BE MADE WITHIN 120 DAYS OF THE ACT OR OMISSION THAT FORMS THE
BASIS OF
SUCH CLAIMS.
16. Independent Contractors. We, you, and Pepperjam are each
independent
contractors and nothing in this Agreement or in any Pepperjam affiliate
program
documents is intended to or will create any form of partnership, joint
venture,
agency, franchise, sales representative, or employment relationship.
17. Governing Law/Arbitration. This Agreement will be governed by and
construed
in accordance with the substantive laws of the Commonwealth of
Pennsylvania,
excluding its conflict of laws principles. You hereby submit to the
exclusive
jurisdiction of the courts in Philadelphia County, Pennsylvania. Claims
may not
be joined on consolidated unless agreed to in a writing by all parties.
Notwithstanding
any other provisions in this Agreement, and without waiving any partys
right
to appeal, if any portion of this provision is deemed invalid or
unenforceable,
the validity, legality and enforceability of the remaining provisions
in this
Agreement will not in any way be affected or impaired thereby. Subject
to and
without limiting the foregoing, any lawsuit relating to this Agreement
must be
brought in the federal or state courts located in Philadelphia,
Pennsylvania.
18. Press Release; Publicity. You agree that you will not issue any
press
release or make any other similar public announcement that in any way
makes any
reference to us or Pepperjam without our prior written consent, which
consent
may be withheld in our sole discretion.
19. Force Majeure. Our performance under this Agreement shall be
excused to the
extent that such performance is hindered, delayed or made commercially
impractical by causes beyond our reasonable control.
20. Headings. The titles and headings of the various sections and
paragraphs in
this Agreement are intended solely for convenience of reference and are
not
intended for any other purpose whatsoever, or to explain, modify, or
place any
construction upon or on any of the provisions of this Agreement.
21. Assignment. You may not assign this Agreement or any of your rights
or
delegate any of your obligations under this Agreement, by operation of
law or
otherwise, without our prior written consent, and any such attempted
assignment
shall be void. Subject to such restriction, this Agreement will be
binding on,
inure to the benefit of, and enforceable against the parties and their
respective successors and assigns.
22. Waiver. Our failure to enforce strict performance of any provision
of this
Agreement will not constitute a waiver of its right to subsequently
enforce
such provision or any other provision of this Agreement.
23. Entire Agreement and Related Media Purchase. This Agreement, the
Commission
schedule, and (if applicable) the IAB Standard Terms (as defined below)
represent the complete agreement and understanding between us and you
and
supersedes any other oral or written communications or understandings
between
us and you regarding the subject matter hereof. No amendment or
modification to
this Agreement will be binding upon us unless agreed to by an
authorized
representative of us. Notwithstanding the foregoing, the AAAA/IAB
Standard
Terms and Conditions for Internet Advertising for Media Buys One Year
or Less
(Ver. 3.0) found at
http://www.iab.net/media/file/IAB4As-tsandcs-FINAL.pdf
(the IAB Standard Terms) shall govern any purchase of CPC
Deliverables or CPM
Deliverables (each as defined in the IAB Standard Terms) from you by
us;
provided that Sections 11, 14, and 15 of this Agreement shall apply to
purchases
of such Deliverables in addition to and not in lieu of the provisions
in the
IAB Standard Terms. No terms, provisions or conditions of any purchase
order,
acknowledgment, click-through agreement or other business form that you
may use
or any handwritten changes by you will serve to alter or have any
effect on the
terms of this Agreement or the IAB Standard Terms, regardless of any
apparent
acceptance thereof by us or any Merchant Party.
-- End Of Agreement --
EXHIBIT A
Social Media Policy & Disclosure Guidelines
These Social Media Policy & Disclosure Guidelines (the
Guidelines) set
forth disclosure guidelines for our affiliates and our affiliate
networks. The
Guidelines should be read together with our and Pepperjams other
policies.
A. Disclosure of Material Connections Under FTC Endorsement Guides
We and Pepperjam believe in full, fair and effective disclosures of
material
connections relating to your relationship with us in accordance with
Federal
Trade Commissions Guides Concerning Endorsements and Testimonials
(FTC
Endorsement Guides), located at
http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf, and
The FTCs
Endorsement Guides, What People Are Asking, located at
https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking
As such, we require that all our affiliates adhere to the FTC
Endorsement
Guides and disclose their material connections when publishing
content about
us and our products, services and sites, including, but not limited to,
on
review/rating sites, blogs, directories, and other websites, or via
email,
videos or collateral that purport to provide an endorsement or
assessment in
connection with the Network. B. How to disclose Material Connections
In order
to comply with the FTC Endorsement Guides, your disclosure should be
frequent,
clear, conspicuous, and require no user action in accordance with the
following
guidelines:
1. Frequent
Your disclosure must appear on any page that has a review,
recommendation,
comment or article that promotes a product for which you receive any
form of
compensation. Placing a single disclosure on your home page or a link
to a
disclosure in your footer is not sufficient.
2. Clear
It must be immediately clear at the outset that you receive
compensation for
your review. This disclosure should be in language that is easy to
understand
and should not be in legalese. For example, the following disclosure is
an
example of an acceptable disclosure: Disclosure: We are a review site
that
receives compensation from the companies whose products we review. We
are
independently owned and the opinions expressed here are our own.
3. Conspicuous
The disclosure must be conspicuous and easy to view on your site. For
the
disclosure to be considered conspicuous, it may not be in hyperlinks,
or hidden
or buried in blocks of text or footnotes that people are unlikely to
read. The
disclosure must be in the font, color and size should be prominent and
at least
as easily readable as the main text, including: The disclosure should
be
appropriately titled, such as Disclosure: to highlight its purpose.
Close
to the endorsement to which it relates. At least as large or larger
as the
main text on the page. In contrast with the background and the main
text.
Darker than its background or its main text.
4. Require No User Action
Your disclosure must be immediately visible to anyone who visits your
site and
reads a review, ranking or an endorsement. A visitor should not be
required to
scroll, click or hover to read the disclosure. Scrolling: Your
disclosure
should appear above the fold so that the visitor does not have to
scroll down
to see it. Mousing over: Visitors should not have to mouse over your
link to
view your disclosure. Clicking: Visitors should not have to click a
link to
view your disclosure. Clickable links are only acceptable if the fact
you are
compensated is still obvious without clicking. For example: Acceptable:
Disclosure: We are compensated for our reviews. Click here for details.
Unacceptable: Click here to read our FTC disclosure. For more
information about
how to make a clear and conspicuous online disclosure, see the FTC
guidance
.com Disclosures: How to Make Effective Disclosures in Digital
Advertising,
available at
https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-staff-revises-online-advertising-disclosure-guidelines/130312dotcomdisclosures.pdf
C. Honesty
Any mention of us or our products must be your honest opinion. You may
not
provide a review of our products unless you have actually used our
products.
******* Please take steps immediately to make sure that your site is in
compliance with these guidelines. You are advised to seek and obtain
your own
legal advice on how these Guidelines apply to your website or other
promotional
activities in connection with the Affiliate Program. We may monitor
affiliate
sites to verify compliance with the FTC Endorsement Guides. We reserve
the
right to withhold commission fees and/or suspend or cancel the
affiliate
relationship with you should we determine, in our sole and absolute
discretion,
that you are not in compliance with the FTC Endorsement Guides or these
Guidelines.
INFINITE STYLE BY ANN TAYLOR is a clothing rental service that gives members access to endless styles for one flat monthly fee.
At ANN INC., WE GET WOMEN. Real women live ever more complicated lives. They juggle more activities, play more roles and carry more expectations.
But what women value is what they have always valued: connecting with others, making smart choices, looking and feeling great. Living life fully means women choose to play all their roles with confidence and style.
That is why we're here.
For more than half a century, we have evolved with the needs of real women who live full, active lives. Our values are her values. We get that a woman expresses herself through what she wears - at work, at home and at play.
To meet her needs, we design pieces for her life and her changing roles to help her look and feel confident and beautiful. We create rich experiences that connect with her wherever she is, inspire her style and simplify her choices.
Terms and Conditions:
We do not allow trademark bidding.
We do not allow direct linking.
We do not allow downloadable software partners to join our program.
We do not allow incentivized partners.
We allow email marketing. All partners must be Can-SPAM compliant and must contact us prior to running these for suppression lists. Any partner that doesn't reach out first is considered to be in violation of our terms and conditions.