Founded in San Francisco in 1989, Timbuk2 sells custom messenger bags to bike shops. Their product offering has grown to include luggage and laptop bags. This program offers a 27-day cookie duration.
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Timbuk2 offers durable backpacks, messengers, and travel bags designed for urban life. With smart storage, premium materials, and a lifetime warranty, our gear blends style and function. From daily commutes to adventures, the perfect bag exists here.
Timbuk2 is a San Francisco original, founded in a garage in 1989 by a bike messenger named Rob Honeycutt and have continuously manufactured in the citys Mission District ever since. Rob made products that served his needs as a messenger, but it was never that simple. Timbuk2 brought customization to the masses, selling custom messengers to bike shops in the 90′s and launching the first online customizer in 1999. Timbuk2's product offering has grown to include luggage and laptop bags, but the made in San Francisco custom messenger remains its iconic style and the heart and soul of the company.
Timbuk2
Designs Affiliate Marketing
Program Agreement
This Affiliate Marketing Program Agreement (the "Agreement") contains
the terms and conditions that apply to your participation in the
Timbuk2
Designs affiliate marketing program (the "Program").
Please read this Agreement carefully. By participating in the Program,
you
represent that you ("Affiliate" or "you" or
"your") have read, fully understand and agree to the terms of this
Agreement with Timbuk2 Designs. ("Timbuk2 Designs" or "we"
or "us" or "our"). In addition, if this Agreement is being
executed on behalf of a legal entity, you represent and warrant that
you are authorized
to legally bind that entity to this Agreement. If you do not agree to
these
terms, do not participate in the Program.
1. PARTICIPATION
In order to apply for to this Program, you must first sign up as an
affiliate
of Pepperjam and you must agree to Pepperjams Membership Agreement.
You may apply to participate in the Program by providing all the
information
required by Pepperjam in connection with becoming a Pepperjam affiliate
and by
accepting the terms of this Agreement. If you apply to the program, we
will
review your website and notify you of your acceptance or rejection into
our
Program. We reserve the right to accept or reject your application in
our sole
discretion; however we encourage you to contact us if you feel we have
made an
incorrect decision. Including all of the websites that you use in your
profile
will help us make a better decision. If your application is accepted,
you may
obtain such discounts and affiliate commissions as are offered pursuant
to this
Program for so long as this Agreement is not terminated.
2. WEBSITE GUIDELINES
Your affiliate website(s) ("Your Website") may not:
Infringe on our or any anyone else's intellectual property, publicity,
privacy
or other rights.
Violate any law, rule or regulation.
Contain any content that is threatening, harassing, defamatory,
obscene,
harmful to minors, or contain nudity, pornography or sexually explicit
materials.
Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or
other
computer programming routines that are intended to damage, interfere
with,
surreptitiously intercept or expropriate any system, data, or personal
information.
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.
Mislead customers as to the products or services available on Your
Website or
on the Timbuk2 Designs website, located at www.timbuk2.com (the
"Timbuk2
Site").
3. LINKING TO TIMBUK2.COM
Upon acceptance into the Program, links will be made available to you
through
the PEPPERJAM affiliate website. Your acceptance in our Program means
you agree
to abide by the following.
You will only use linking code obtained from the PEPPERJAM affiliate
website
without manipulation.
All domains that use your affiliate link must be listed in your
affiliate
profile on the PEPPERJAM affiliate website.
Affiliates may not advertise our products on websites that they do not
own. For
example, Google Product Search, Amazon, eBay or any comparison shopping
engines
such as Shopzilla or Pricegabber.
Your Website will not in any way copy, resemble, or mirror the look and
feel of
the Timbuk2 Site. You will also not use any means to create the
impression that
Your Website is the Timbuk2 Site or any part of the Timbuk2 Site
including,
without limitation, framing the Timbuk2 Site in any manner.
You may not engage in cookie stuffing or include pop-ups, false or
misleading
links on Your Website. In addition, wherever possible, you will not
attempt to
mask the referring URL information (i.e. the page from where the click
is
originating).
You may not use redirects to bounce a click off of a domain from which
the
click did not originate in order to give the appearance that it came
from that
domain.
You may not create any links that lead the customer to a destination
site that
is not clearly suggested by the content of the starting site.
You may not use your affiliate links to claim commissions for your own
purchases on Timbuk2.
4. PAY-PER-CLICK ("PPC") GUIDELINES
If you are approved for this Program and utilize PPC advertising, you
must
observe our PPC guidelines. You may not:
Bid on any of our Trademarks, as defined in Section 5, including any
variations
or misspellings thereof for search or content based campaigns on
Google, MSN,
Yahoo or any other network.
Use our Trademarks in sequence with any other keyword (e.g. Timbuk2
Coupons).
Use our Trademarks in your ad title, ad copy, display name or as the
display
URL.
Direct link to the Timbuk2 Site from any PPC ad or use redirects that
yield the
same result. Affiliates must be directed to an actual page on Your
Website.
Bid in any manner appearing higher than Timbuk2 for any search term in
position
1-5 in any auction style PPC advertising program.
If your PPC campaigns are automated, it is your responsibility to
exclude our
Trademarks from your PPC advertising program and we strongly encourage
you to
add our Trademarks as negative keywords. We have a stringent no
tolerance
policy on PPC trademark bidding. If you engage in PPC trademark bidding
that
uses our Trademarks, your participation in the Program will be
terminated
immediately.
5. TRADEMARKS
Upon acceptance into the Program, Timbuk2 grants you a limited,
non-exclusive,
revocable, royalty-free right to use the Trademarks of Timbuk2 during
the term
of this Agreement solely to in connection with your participation in
the
Program, provided that you shall not: (a) use the Trademarks in any
manner to
communicate or suggest any sponsorship or other connection between
Timbuk2 and
you other than your participation in the Program, and (b) harm or
adversely
affect the Trademarks or the goodwill associated with the Trademarks.
All
promotional messaging and materials used by you containing such
Trademarks
shall be subject to Timbuk2's prior written approval. Except for the
limited
license provided in this Agreement, Timbuk2 reserves all rights in and
to the
Trademarks and the goodwill associated therewith. All uses of the
Trademarks by
you shall inure to the benefit of Timbuk2. You shall not acquire,
directly or
by implication, any rights or license in the Trademarks except as
expressly
provided in this Agreement. Your right to use the Trademarks will
terminate
immediately if you violates any of the terms of this Agreement. For
purposes of
this Agreement, "Trademarks" means "Timbuk2,"
"timbuk2.com," the Timbuk2 logos and such other names, logos, trade
names, trademarks, service marks, trade dress, design marks, brands,
copyrights
in any designs and other copyrightable subject matter, and other
product
identifiers of Timbuk2 as Timbuk2 may from time to time notify you to
be
Trademarks within the meaning of this Agreement. Bidding on TM+ terms
are also
prohibited. If publishers are found in violations of these terms they
risk termination
from the program.
6. COUPON GUIDELINES
You may ONLY advertise coupon codes that are provided to you through
the
Program or that are displayed on the Timbuk2 Site. Coupons must be
displayed in
their entirety with the full offer, valid expiration date and code (if
provided).
7. DOMAIN GUIDELINES
Using of any of our Trademarks as part of the domain or sub-domain (for
example
timbuk2.website.com or www.timbuk2-coupons.com) for Your Website is
strictly
prohibited.
8. ADVERTISING
Upon acceptance into the Program, Timbuk2 grants to you a nonexclusive,
nontransferable license (the "License") to use certain banner
advertisements, button links, text links, and/or other graphic or
textual
material (the "Promotional Materials") for display and use on Your
Website. The term of the License shall expire upon the expiration or
termination of this Agreement. You may not subcontract, assign, resell,
lease,
or sublicense any part of your participation in the Program or run a
sub-affiliate program. Timbuk2 may make Promotional Materials available
to you
to display and use on Your Website provided that the manner of display
complies
with the following requirements:
You may only use the Promotional Materials to promote the Timbuk2 Site
(and the
products available thereon), and for linking to the Timbuk2 Site.
You shall use only such links to the Timbuk2 Site as are provided to
you by
Timbuk2.
You shall not alter, add to, subtract from, or otherwise modify the
Promotional
Materials as they are prepared by Timbuk2 without consent from Timbuk2.
If you
wish to alter or otherwise modify the Promotional Materials, you must
obtain
prior written consent from Timbuk2 for such alteration of modification.
9. REVERSALS & COMMUNICATION
Timbuk2 reserves the right to reverse orders due to order
cancellations,
duplicate tracking, returns, disputed charges, and violations of the
Program as
defined in this Agreement.
Additionally, if we ask you for clarification or more information on
any orders
or clicks that we suspect may be in violation of this Agreement, we
expect a
response from you within 72 hours or your participation will be
suspended.
Below are violations of this communication policy.
You are not forthcoming, intentionally vague or are found to be lying.
You are not responsive within a reasonable time period and after
multiple
attempts to contact with information listed in your network profile.
You cannot substantiate or validate the source of your traffic to our
Program
with clear and demonstrable proof.
We reserve the right to reverse orders, set your commission to 0% or
suspend
you from the Program for the period or orders in question if any of the
above
applies. We understand many violations are a result of automated
processes;
however it is incumbent upon you to ensure that you have the
appropriate
measurements and processes in place to address these issues.
10. INTELLECTUAL PROPERTY
Timbuk2 retains all right, title, ownership, and interest in the
Promotional
Materials and Trademarks, including any and all copyright, trademark,
or other
intellectual property rights therein. Nothing in this Agreement shall
be
construed to grant you any right, title or ownership in the Promotional
Materials, or in the underlying intellectual property, other than the
right to
use the Promotional Materials in accordance with the License, as set
forth in
Section 8.
11. RELATIONSHIP OF PARTIES
This Agreement shall not be construed to create any employment
relationship,
agency relationship, or partnership between Timbuk2 and you. You shall
provide
services for Timbuk2 as an independent contractor. You shall have no
authority
to bind Timbuk2 to any agreement, nor shall you be considered to be an
agent of
Timbuk2 in any respect.
12. NON-CIRCUMVENT
You shall not circumvent or attempt to circumvent Blue Moon Works, and
agree
not to directly solicit relationships with Blue Moon Works' clients.
You agree
not to solicit, contact, recruit, or encourage, directly or indirectly,
any
client that has a proprietary relationship with Blue Moon Works for the
purpose
of Affiliate Marketing. However, both parties can agree to allow any
relationship such that the paragraph of this agreement to not apply.
Failure to
comply with this Section may, at our discretion, result in termination
of your
participation in the program.
13. AFFILIATE COMMISSIONS
Upon acceptance into the Program, you will be eligible to receive an
affiliate
commission (the "Commission") for the successful completion of
Eligible Purchases. An "Eligible Purchase" occurs when a customer
(not you) clicks-through the link (supplied by Timbuk2 to you) to the
Timbuk2
Site and successfully completes a purchase for which Timbuk2 receives
and
retains payment. The current rates of Commission shall be set forth in
your
PEPPERJAM affiliate program located on the PEPPERJAM affiliate website.
Timbuk2
reserves the right to modify the Commission rate from time to time, in
its sole
discretion. Timbuk2 is responsible for authorizing Commission payments
and
PEPPERJAM will be solely responsible for fulfilling and transferring
all
Commission payments in accordance with the PEPPERJAM Agreement. Timbuk2
will be
entitled to withhold, deduct and set off from any payments to be made
to you
hereunder any sums owed by you to Timbuk2, whether in connection with
this
Agreement (including any breach hereof by you) or otherwise.
14. AFFILIATE STATE LIMITATIONS
Due to local state tax laws, we unfortunately are not accepting
affiliates
residing in Arkansas, Connecticut, Georgia, Kansas, Maine,
Minnesota, New
York, North Carolina, Pennsylvania, Rhode Island and Vermont. If at any
time
following your enrollment in the Program you become a resident of
Arkansas,
Connecticut, Georgia, Kansas, Maine, Minnesota, New York, North
Carolina,
Pennsylvania, Rhode Island and Vermont you will become ineligible to
participate in the Program and your participation in the Program will
automatically terminate, on the date you establish residency in that
State. In
addition, you must promptly notify us in writing of your
Arkansas,
Connecticut, Georgia, Kansas, Maine, Minnesota, New York, North
Carolina,
Pennsylvania, Rhode Island and Vermont residency, which you may do via
the
PEPPERJAM affiliate website.
15. DISCLAIMER
YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES RELATED TO
THE
PROGRAM OTHER THAN THE EXPRESS STATEMENTS IN THIS AGREEMENT. UNDER NO
CIRCUMSTANCES SHALL Timbuk2 BE LIABLE TO YOU UNDER THESE TERMS, UNDER
ANY
CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR
EQUITABLE
THEORY, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL
OR
EXEMPLARY DAMAGES RELATED TO THE PROGRAM (INCLUDING, WITHOUT
LIMITATION, LOSS
OF REVENUE OR GOODWILL OR PROFITS OR LOST BUSINESS AND INCLUDING COSTS
ASSOCIATED WITH THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN
IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Timbuk2'S
LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THE
PROGRAM OR
THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT
LIABILITY, TORT
OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES
PAID TO
YOU UNDER THIS AGREEMENT. Timbuk2 DOES NOT WARRANT OR GUARANTEE ANY
RESULTS OF PARTICIPATION
IN THE PROGRAM. ALL PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS
HEREUNDER ARE
PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. YOU RECOGNIZE THAT
THESE DISCLAIMERS ARE AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT,
WITHOUT
WHICH Timbuk2 WOULD NOT HAVE ENTERED INTO THIS AGREEMENT. Timbuk2
DISCLAIMS ALL
WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY (TO THE EXTENT PERMITTED BY
LAW),
REGARDING THE PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS, INCLUDING,
BUT NOT
LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT. NO REPRESENTATION OR OTHER
AFFIRMATION OF
FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY,
SUITABILITY
FOR USE, OR PERFORMANCE OF THE PRODUCTS, PROGRAMS AND PROMOTIONAL
MATERIALS
SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY
LIABILITY OF
Timbuk2 WHATSOEVER.
16. INDEMNIFICATION
YOU SHALL INDEMNIFY AND HOLD HARMLESS TIMBUK2 FROM ANY CLAIM, DAMAGE,
LAWSUIT,
ACTION, COMPLAINT, OR OTHER COSTS ARISING OUT OF ANY WRONGFUL ACT
RELATED IN
ANY WAY TO YOUR PARTICIPATION IN THE PROGRAM OR YOUR BREACH OF THIS
AGREEMENT.
YOU SHALL ALSO INDEMNIFY AND HOLD HARMLESS Timbuk2 FROM ANY DAMAGE,
LOSS OR
OTHER COST ARISING OUT OF THE USE OR MISUSE BY YOU OF THE TRADEMARKS OR
PROMOTIONAL MATERIALS.
17. CONFIDENTIALITY
Any information that you are exposed to by virtue of your participation
in the
Program, which information is not available to the general public,
shall be
considered to be "Confidential Information." You may not disclose any
Confidential Information to any person or entity, except where
compelled by
law, unless you obtain prior written consent for such disclosure from
Timbuk2.
You shall not use any Confidential Information except to the extent
necessary
to fulfill the purposes of this Agreement.
18. TERMINATION
Your participation in the Program shall begin upon your acceptance as
an
affiliate by Timbuk2 and shall end when terminated by either party.
Either
party may terminate such status at any time, with or without cause.
Upon
termination, all licenses granted to you pursuant to the Program shall
cease
and you shall use best efforts to immediately remove all codes and
links,
references on Your Website regarding Timbuk2, and cease any and all use
of
Promotional Materials, Trademarks or any other trade or service marks,
trade
names or any other items received through or used in connection with
such
Program. Subject to Section 13, upon the termination of your
participation in
the Program for any reason, you will be entitled to receive Commissions
only on
Eligible Purchases that occurred prior to such termination. Timbuk2
reserves
the right to terminate the Program at any time upon notice to you.
19. MODIFICATION
We may modify these terms and conditions at any time, at our sole
discretion.
If you disagree with any modification, your only recourse is to
terminate this
Agreement. You agree that, if you continue to participate in the
Program
following a posted modification, your continued participation
represents acceptance
of the revised term.
20. COMPLIANCE
In connection with your participation in this Program, you will comply
with all
applicable laws, rules and regulations, including but not limited to
the
following laws, rules and regulations governing marketing and
promotions:
The CAN-SPAM Act of 2003
Section 5 of the FTC Act
The FTC's disclosure rules regarding endorsements
To comply with the FTC's disclosure rules regarding endorsements, you
shall
include a disclosure statement within any and all pages/posts where
affiliate
links for the Program are posted as an endorsement or review, and where
it is
not clear that the link is a paid advertisement. This disclosure
statement
should be clear and concise, stating that we are compensating you for
your
review or endorsement. If you received the product for free from us or
from our
designated affiliate management team for review, this also must be
clearly
stated in your disclosure.
21. JURISDICTION
This Agreement is governed by the laws of the State of California,
without
regard to its choice of law principles. You hereby irrevocably consent
to
jurisdiction of the state and federal courts located in California with
respect
to any proceeding regarding this Agreement. You will not prosecute any
action,
suit, proceeding or claim arising under or by reason of this Agreement
except
in such courts.
22. GENERAL
a) Severability. If any provision of this Agreement is held by a court
of
competent jurisdiction to be invalid, illegal, or unenforceable, the
remainder
of this Agreement will remain in full force and effect.
b) Assignment. You may not assign this Agreement or any of its rights
under
this Agreement without the prior written consent of Timbuk2, and any
attempted
assignment without such consent shall be void. Subject to the foregoing
restriction, this Agreement will be fully binding upon, inure to the
benefit
of, and be enforceable by us and our respective successors and assigns.
c) Nonwaiver. Any failure by Timbuk2 to insist upon or enforce
performance by
you of any of the provisions of this Agreement or to exercise any
rights or
remedies under this Agreement or otherwise by law will not be construed
as a
waiver or relinquishment of any right to assert or rely upon the
provision,
right or remedy in that or any other instance; rather, the provision,
right or
remedy will be and remain in full force and effect.
d) Relation to Other Agreements. In the event of any conflict or
inconsistency
between this Agreement and the PEPPERJAM Agreement, the provisions of
this Agreement
shall prevail.
e) Entire Agreement. This Agreement sets forth our entire agreement
with
respect to your participation in the Program.