Gerber Childrenswear LLC is a leading marketer of infant and toddler apparel and related products in the marketplace - offering all of the everyday, core layette apparel including Onesies® Brand one piece underwear, sleepwear and accessories that mom needs for baby’s first years. This program offers a 30-day cookie duration.
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Gerber Childrenswear LLC is a leading marketer of infant and toddler apparel and related products in the marketplace - offering all of the everyday, core layette apparel including Onesies® Brand one piece underwear, sleepwear and accessories that mom needs for babys first years. We are the original maker and owner of the Onesies® Brand trademark* which has been a staple product in babies wardrobes throughout the U.S. for over 30 years.
Terms and Conditions:
We do not allow trademark bidding.
We do not allow direct linking.
We allow downloadable software partners to join our program.
We allow incentivized partners.
We do not 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.
Merchant may auto-approve applications. You understand and agree such
approval is revocable and does not create an exclusive relationship or
one for a fixed term. We or Merchant may reject your application at our
or its sole discretion, for any or no reason. We or Merchant may cancel
your application and participation if we determine your site or the
content of any blog or social media post by you is unsuitable for the
Program, including if it: promotes sexually explicit or obscene
materials, violence, illegal activities, or discrimination based on
race, sex, religion, nationality, disability, sexual orientation, or
age; incorporates content that is defamatory, infringes or assists
others to infringe any copyright, trademark, or other proprietary
rights, or violates any law; fails to follow guidelines provided by
Merchant concerning use of the Merchant Marks (as defined below);
contains software downloads that potentially enable diversions of
commission from other affiliates in our program; is directed primarily
at residents of Europe; or is otherwise in any way objectionable to us
or Merchant, in our sole discretion.
You represent and warrant that you are the original author of, or
otherwise have the right to use and publish, any content you create or
post, and that such content will not breach any obligation of contract
or confidentiality or infringe any copyright, trademark, or other
proprietary right.
We and Merchant have the right to monitor your site at any time to
determine if you are following the terms and conditions of this
Agreement. We may notify you of any changes to your site that we feel
should be made, or to make sure that your links to our web site are
appropriate, and to notify further you of any changes that we feel
should be made. If you do not make the changes to your site that we
recommend, we may terminate your participation in the Service,
effective immediately.
You shall not transmit any so-called
“interstitials,”
“Parasiteware™,” “Parasitic
Marketing,” “Shopping Assistance
Application,” “Toolbar Installations and/or
Add-ons,” “Shopping Wallets” or
“deceptive pop-ups and/or pop-unders” to consumers
from the time the consumer clicks on a qualifying link until such time
as the consumer has fully exited Merchant’s site (i.e., no
page from our site or any Merchant.com’s content or branding
is visible on the end-user’s screen). As used herein a.
“Parasiteware™” and “Parasitic
Marketing” shall mean an application that (a) through
accidental or direct intent causes the overwriting of affiliate and non
affiliate commission tracking cookies through any other means than a
customer initiated click on a qualifying link on a web page or email;
(b) intercepts searches to redirect traffic through an installed
software, thereby causing, pop ups, commission tracking cookies to be
put in place or other commission tracking cookies to be overwritten
where a user would under normal circumstances have arrived at the same
destination through the results given by the search (search engines
being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista,
Hotbot and similar search or directory engines); (c) set commission
tracking cookies through loading of Merchant site in IFrames, hidden
links and automatic pop ups that open Merchant.com’s site;
(d) targets text on web sites, other than those web sites 100% owned by
the application owner, for the purpose of contextual marketing; (e)
removes, replaces or blocks the visibility of Affiliate banners with
any other banners, other than those that are on web sites 100% owned by
the owner of the application.
Upon approval of your application and your enrollment in the Service,
Merchant will and hereby grants you a limited, revocable,
non-exclusive, non-transferrable license, during the term of your
participation in the Service, to use its trademarks, names, trade
dress, logos, graphics, and icons specifically designated and provided
by Merchant for your use (the “Merchant Marks”), in
accordance with this Agreement and any additional terms provided in
writing by Merchant. Your use of the Merchant Mark’s will at
all times accord with the following: (a) you will comply with all
reasonable guidelinese and requests of Merchant with respect to the use
of the Merchant Mark and the “look and feel” sought
by Merchant in its products and marketing materials; (b) your use of
the Merchant Marks will include appropriate trademark symbols; and (c)
you may not alter the Merchant Marks. You agree that Merchant retains
all its right, title, and interest to the Merchant Marks, and that all
goodwill associated with your use of the Merchant Marks will inure to
Merchant’s benefit. You agree not to use the Merchant Marks
and other proprietary materials in a manner that is disparaging,
misleading, obscene, or that otherwise portrays Merchant in a negative
light. You further agree not to register or use any URL or domain name
reasonably considered by Merchant to infringe or “cyber
squat” on any Merchant Mark. You agree not to market the
products of any other company under a brand or name that is confusingly
similar to the Merchant Marks, such as would cause consumer confusion.
The Merchant Marks include Gerber®, Onesies®, Just
Born®, and Cuddle Time®, and any other marks authorized
by Merchant for your use under the Agreement.
You hereby agree to indemnify and defend Merchant, and its subsidiaries
and affiliates, and its and their respective directors, officers,
employees, agents, shareholders, partners, members, and other owners,
against any and all claims, actions, demands, liabilities, losses,
damages, judgments, settlements, costs, and expenses (including
reasonable attorneys' fees) (any or all of the foregoing hereinafter
referred to as "Losses"), to the extent such Losses (or actions in
respect thereof) arise out of or relate to (i) any claim that your
participation in the Service, including but not limited to your
creation of content, infringes on any trademark, trade name, service
mark, copyright, license, intellectual property, or other proprietary
right of any third party; (ii) any breach by you of a representation,
warranty, or covenant; your violation of any law or regulation; or (iv)
any claim related to your site, including, without limitation, content
therein not attributable to Merchant.
You agree that you are an independent contractor, and nothing in this
Agreement will create any partnership, joint venture, agency,
franchise, sales representative, or employment relationship between you
and Merchant. You will have no authority to make or accept any offers
or representations on Merchant’s behalf. You will not make
any statement, whether on your site or otherwise, to the contrary.
You represent and warrant that you are a resident of one of the
following states: South Carolina, North Carolina, Michigan, Maine,
Ohio, Tennessee, New York, Arkansas, Florida, Georgia, California,
Washington, Louisiana.