Associates Program Operating Agreement
October 1, 2018. (Current Associates, see what’s changed.)
Welcome to Amazon’s website for associates (the “Associates Site”), where you can manage your affiliate marketing relationship with the relevant Amazon entities as set forth in Schedule 1 (“Amazon” or “us” or similar terms).
Any person or entity that participates or attempts to participate in our associate marketing program (the “Associates Program” and such person or entity, “you”, or an “Associate”) must accept this Associates Program Operating Agreement (this “Agreement”) without change. By registering for or using the Associates Site, you agree to this Agreement, including the Program Policies (defined in Section 12), which are incorporated by reference (for example, our Associates Program Participation Requirements, Associates Program IP License, Associates Program Fee Statement, and Associates Program Trademark Guidelines.) Please read them carefully.
1. Description of the Associates Program
The Associates Program permits you to monetize your website, social media user-generated content, or online software application (referred to here as your “Site"), by placing on your Site links to an Amazon Site in Schedule 1 or, if applicable for the location, any other site which is included in the Associates Program Fee Statement (each an “Amazon Site"). The links must properly use the special “tagged" link formats we provide and comply with this Agreement (“Special Links")
When our customers click through the Special Links to purchase an item sold or services offered on the Amazon Site or take other actions, you can receive program fees for qualifying purchases, as further described in (and subject to the limitations in) the Associates Program Fee Statement. In order to facilitate your advertisement of these items or services, we may make available to you data, images, text, link formats, widgets, links, marketing content, and other linking tools, application program interfaces, and other information in connection with the Associates Program (“Program Content"). Program Content specifically excludes any data, images, text, or other information or content relating to product offerings on any site other than the Amazon Site.
2. Associates Program Compliance Requirements
You must comply with this Agreement to participate in the Associates Program and receive fees.
You must promptly provide us with any information that we request to verify your compliance with this Agreement.
If you violate this Agreement, or if you violate terms and conditions of any other applicable Amazon marketing program, then, in addition to any other rights or remedies available to us, we reserve the right to permanently withhold (and you agree you will not be eligible to receive) any and all fees otherwise payable to you under this Agreement, whether or not directly related to such violation without further notice and without prejudice of any right of Amazon to recover damages in excess of this amount.
3. Amazon Customers
Our customers are not, by virtue of your participation in the Associates Program, your customers. As between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the Amazon Site will apply to those customers and may be changed at any time. You will not handle or address any contacts with any of our customers, and, if contacted by any of our customers for a matter relating to interaction with an Amazon Site, you will state that those customers must follow contact directions on that Amazon Site to address customer service issues.
You represent, warrant, and covenant that (a) you will participate in the Associates Program and create, maintain, and operate your Site in accordance with this Agreement, (b) neither your participation in the Associates Program nor your creation, maintenance, or operation of your Site will violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any governmental authority that has jurisdiction over you (including all such rules governing communications, data protection, advertising, and marketing), (c) you are lawfully able to enter into contracts (e.g. you are not a minor or otherwise legally prevented from contracting), (d) you have independently evaluated the desirability of participating in the Associates Program and are not relying on any representation, guarantee, or statement other than as expressly set forth in this Agreement, (e) you will not participate in the Associates Program or use any other Service Offerings if you are the subject of sanctions; (f) you will comply with all export and re-export restrictions that may apply to goods, software, technology and services, and (g) the information you provide in connection with the Associates Program is accurate and complete at all times. You can update your information by logging into your account on the Associates Site and selecting “Account Settings".
We do not make any representation, warranty, or covenant regarding the amount of traffic or fees you can expect at any time in connection with the Associates Program, and we will not be liable for any actions you undertake based on your expectations.
5. Identifying Yourself as an Associate
You must clearly state the following, or any substantially similar statement previously allowed under this Agreement, on your Site or any other location where Amazon may authorize your display or other use of Program Content: “As an Amazon Associate I earn from qualifying purchases.” Except for this disclosure, you will not make any public communication with respect to this Agreement or your participation in the Associates Program without our advance written permission. You will not misrepresent or embellish our relationship with you (including by expressing or implying that we support, sponsor, or endorse you), or express or imply any affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.
6. Term and Termination
The term of this Agreement will begin upon your registration for or use of the Associates Site. Either you or we may terminate this Agreement at any time, with or without cause (automatically and without recourse to the courts, if permitted under applicable law), by giving the other party written notice of termination provided that the effective date of such termination will be 7 calendar days from the date notice is provided. You can provide termination notice by logging into your account on the Associates Site and selecting the option to close your account in “Account Settings”. In addition, we may terminate this Agreement immediately at any time upon written notice to you for Cause. “Cause” means any of the following: (a) you are in material breach of this Agreement or you are in minor breach of this Agreement but you do not remedy it within 7 days; (b) we believe that we may face potential claims or liability in connection with your participation in the Associates Program; (c) we believe that our brand or reputation may be tarnished by you or in connection with your participation in the Associates Program; (d) we believe that we are or may become subject to tax collection requirements in connection with this Agreement or the activities performed by either party under this Agreement; (e) we have previously terminated this Agreement with respect to you or other persons that we determine are affiliated with you or acting in concert with you for any reason, or (f) we have terminated the Associates Program as we generally make it available to participants. For the avoidance of doubt and without limitation for purposes of the foregoing subsection (a) any violation of Section 5 and as specified in the Program Policies will be deemed a material breach of this Agreement.
We may hold accrued unpaid advertising fees for a reasonable period of time following termination to ensure that the correct amount is paid (for example, to account for any cancelations or returns).
Upon any termination of this Agreement, all rights and obligations of the parties will be extinguished, including any and all licenses granted in connection with this Agreement, except that the rights and obligations of the parties under Sections 3, 4, 5, 6, 7, 8, 10, and 11 of this Agreement and as specified in the Program Policies, together with any payable but unpaid payment obligations under this Agreement, will survive the termination of this Agreement. No termination of this Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Agreement prior to termination.
THE ASSOCIATES PROGRAM, THE AMAZON SITE, ANY PRODUCTS AND SERVICES OFFERED ON THE AMAZON SITE, ANY SPECIAL LINKS, LINK FORMATS, CONTENT, THE PRODUCT ADVERTISING API, DATA FEED, PRODUCT ADVERTISING CONTENT, OUR AND OUR AFFILIATES’ DOMAIN NAMES, TRADEMARKS AND LOGOS (INCLUDING THE AMAZON MARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INTELLECTUAL PROPERTY RIGHTS, INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE ASSOCIATES PROGRAM (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE OFFERINGS. WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY LAW, CUSTOM, COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, VIRUSES, MALICIOUS SOFTWARE, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE SERVICE OFFERINGS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH YOUR PARTICIPATION IN THE ASSOCIATES PROGRAM, OR (Z) ANY TERMINATION OR SUSPENSION OF YOUR PARTICIPATION IN THE ASSOCIATES PROGRAM. NOTHING IN THIS PARAGRAPH WILL OPERATE TO EXCLUDE OR LIMIT WARRANTIES, LIABILITIES, OR REPRESENTATIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. Limitations on Liability
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THE SERVICE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THE SERVICE OFFERINGS WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED. YOU HEREBY WAIVE ANY RIGHT OR REMEDY IN EQUITY, INCLUDING THE RIGHT TO SEEK SPECIFIC PERFORMANCE, INJUNCTIVE OR OTHER EQUITABLE RELIEF IN CONNECTION WITH THIS AGREEMENT. NOTHING IN THIS PARAGRAPH WILL OPERATE TO LIMIT LIABILITIES THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY FOR ANY MATTER DIRECTLY OR INDIRECTLY RELATING TO THE CREATION, MAINTENANCE, OR OPERATION OF YOUR SITE (INCLUDING YOUR USE OF ANY SERVICE OFFERING) OR YOUR VIOLATION OF THIS AGREEMENT, AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES, HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) RELATING TO (A) YOUR SITE OR ANY MATERIALS THAT APPEAR ON YOUR SITE, INCLUDING THE COMBINATION OF YOUR SITE OR THOSE MATERIALS WITH OTHER APPLICATIONS, CONTENT, OR PROCESSES, (B) THE USE, DEVELOPMENT, DESIGN, MANUFACTURE, PRODUCTION, ADVERTISING, PROMOTION, OR MARKETING OF YOUR SITE OR ANY MATERIALS THAT APPEAR ON OR WITHIN YOUR SITE, (C) YOUR USE OF ANY SERVICE OFFERING, WHETHER OR NOT SUCH USE IS AUTHORIZED BY OR VIOLATES THIS AGREEMENT OR APPLICABLE LAW, (D) YOUR VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT (INCLUDING ANY PROGRAM POLICY), OR (E) YOUR OR YOUR EMPLOYEES' OR CONTRACTORS’ NEGLIGENCE OR WILLFUL MISCONDUCT.
10. Governing Law and Disputes
Any dispute relating in any way to the Associates Program or this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement, or your relationship with us or any of our affiliates will be subject to the governing law and disputes provision for the applicable Amazon Site set forth on Schedule 2.
Any taxes and related obligations relating in any way to the Associates Program or this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement, or your relationship with us or any of our affiliates will be subject to the tax provision for the applicable Amazon Site set forth on Schedule 3.
12. Additional Provisions
We may send you emails relating to the Associates Program from time to time. In addition we may (a) monitor, record, use, and disclose information about your Site and users of your Site that we obtain in connection with your display of Special Links and Program Content (for example, that a particular Amazon customer clicked through a Special Link from your Site before buying a product on the Amazon Site),(b) review, monitor, crawl, and otherwise investigate your Site to verify compliance with this Agreement, and (c) use, reproduce, distribute, and display your logo and implementation of Program Content displayed on your Site as examples of best practices in our educational materials. For information on how we process personal information, please see the relevant Amazon Privacy Notice as set forth in Schedule 4.
You acknowledge and agree that (a) we and our affiliates may at any time (directly or indirectly) solicit traffic on terms that may differ from those contained in this Agreement, (b) we and our affiliates may at any time (directly or indirectly) operate sites or applications that are similar to or compete with your Site, (c) our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement, and (d) any determinations or updates that may be made by us, any actions that may be taken by us, and any approvals that may be given by us under this Agreement can be made, taken, or given in our sole discretion and are only effective if provided in writing by our authorized representative.
You may not assign this Agreement, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
This Agreement incorporates, and you agree to comply with, the most up-to-date version of all policies, appendices, specifications, guidelines, schedules, and other rules referenced in this Agreement or accessible on the Associates Site (“Program Policies”), including any updates of the Program Policies from time to time. In the event of any conflict between this Agreement and any Program Policy, this Agreement will control. In the event of a conflict between this Agreement and your agreement with an Amazon affiliate under a separate affiliate marketing program that agreement will control with respect to such separate program. This Agreement (including the Program Policies) is the entire agreement between you and us regarding the Associates Program and supersedes all prior agreements and discussions.
Whenever used in this Agreement, the terms “include(s)", “including”, and “for example” are used and intended without limitation.
Any information relating to Amazon or any of its affiliates that we provide or make accessible to you in connection with the Associates Program that is not known to the general public or that reasonably should be considered to be confidential is Amazon’s “Confidential Information” and will remain Amazon’s exclusive property. You will use Confidential Information only to the extent reasonably necessary for your performance under this Agreement and ensure that all persons or entities who have access to Confidential Information in connection with your account will be made aware of and will comply with the obligations in this provision. You will not disclose Confidential Information to any third party (other than your affiliates bound by confidentiality obligations) and you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. This restriction will be in addition to the terms of any confidentiality or non-disclosure agreement between the parties.
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates’ behalf. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Agreement, you will be deemed to have taken the action yourself.
We reserve the right to modify any of the terms and conditions contained in this Agreement at any time and in our sole discretion by posting a change notice, revised Agreement, or revised Program Policy on the Associates Site or by sending notice of such modification to you by email to the primary email address then-currently associated with your Associates account. The effective date of such change will be the date specified, which other than increased Standard Program Fees and Special Program Fees will be no less than seven calendar days from the date the notice is provided. YOUR CONTINUED PARTICIPATION IN THE ASSOCIATES PROGRAM FOLLOWING THE EFFECTIVE DATE OF SUCH CHANGE WILL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFICATIONS. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 6.
Schedule 1: Amazon Entity and Amazon Site by Location
Schedule 2: Governing Law and Disputes by Amazon Site
Schedule 3: Tax Provision by Amazon Site
Schedule 4: Privacy Notice by Amazon Site
SCHEDULE 1: AMAZON ENTITY AND AMAZON SITE BY LOCATION
||Amazon Services LLC
SCHEDULE 2: GOVERNING LAW AND DISPUTES BY AMAZON SITE
||Governing Law and Disputes Provision
||Any dispute relating in any way to the Associates Program or this Agreement will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law and the laws of the state of Washington, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98051. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Notwithstanding anything to the contrary in this Agreement, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights. You further acknowledge and agree that our rights in the Program Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.
SCHEDULE 3: TAX PROVISION BY AMAZON SITE
||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.
SCHEDULE 4: PRIVACY NOTICE BY AMAZON SITE
||Amazon.com Privacy Notice
Associates Program Policies
Associates Program - Fee Statement
Associates Program - Participation Requirements
Associates Program - Products Statement
Associates Program - Mobile Application Policy
Associates Program - Trademark Guidelines
Associates Program - IP License
Associates Program - Amazon Influencer Program Policy
Associates Program - Local Associates Policy
These Associates Program policies (“Program Policies
”) are incorporated by reference in the Associates Program Operating Agreement, and capitalized terms used in these Program Policies and not otherwise defined here will have the definitions provided in the Agreement. The rights and obligations of the parties under Sections 3 and 6 of the Associates Program Participation Requirements, Section 3 of the Associates Program IP License and Section 4(d) and 5 of the Associates Program Local Associates Policy will survive the termination of the Agreement. For the avoidance of doubt and without limitation for purposes of Section 6(a) of the Agreement, any violation of the Associates Program Participation Requirements, the Associates Program IP License, Section 1 of the Amazon Influencer Program Policy or Section 3 of the Associates Program Local Associates Policy will be deemed a material breach of the Agreement.
Associates Program Fee Statement (“Fee Statement”)
1. 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) a 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 a customer clicks through that Special Link and ending upon the first to occur of the following: (x) 24 hours elapse from that click, (y) the customer places an order for a Product, other than a digital item sold under the name “Amazon Music,” “Amazon Shorts”, “eDocs”, “Amazon Prime Video”, “Amazon Software Downloads”, “Game Downloads”, “Kindle Books”, “Kindle Newspapers”, “Kindle Blogs”, “Kindle Newsfeeds”, or “Kindle Magazines” (a “Digital Product
”), or (z) the customer clicks through a Special Link to an Amazon Site that is not your Special Link (a “Session
”), any of the following happens:
i. the customer purchases a Product via our 1-Click feature, or
ii. the 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, the customer purchases such a Product by streaming or downloading it from an Amazon Site; and
(c) the Product is shipped to, streamed or downloaded by, and paid for by the customer.
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, handling fees, taxes (e.g. sales tax and VAT), service charges, rebates, credit card processing fees, and bad debt.
2. Disqualified Purchases
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 Agreement (collectively, the “Program Documents
Further, 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 Agreement,
(b) any Product order where a cancellation, return, or refund has been initiated,
(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 Amazon Mark (see a non-exhaustive list of our trademarks via the links below, or variations or misspellings of any of those words (e.g., “ammazon”, “amaozn”, and “kindel”)(all, a “Prohibited Paid Search Placement
||Non-Exhaustive Trademark List
(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) (a “Search Engine”),
(e) any Product purchased by a customer who is referred to an Amazon Site by a link that sends users indirectly to an 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 purchased by a customer, where such customer does not comply with the terms and conditions applicable to an Amazon Site,
(g) any Product purchase that is not correctly tracked or reported because the links from your site to the relevant Amazon Site are not properly formatted,
(h) any Product purchased through a Special Link in a Mobile Application that was not an Approved Mobile Application or where the Special Link in an Approved Mobile Application was not served by PA API (as defined below under the IP License) or other linking tools that we make available to you,
(i) any Product subject to a Bounty Event (as defined in Section 4(a) of this Fee Statement, with the corresponding related Special Program Fee), and
(j) any Product purchased as a subscription (other than the initial purchase of the subscribed Product).
3. Standard Program Fees
Subject to the limitations described in this Fee Statement and compliance with the Agreement, we will pay you standard fees described in the Appendix (”Standard Program Fees”). Fees are calculated as a percentage of Qualifying Revenue.
4. Special Program Fees or Promotions
From time to time, we may run general special programs or promotions 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 or promotion at any time. Unless stated otherwise, all such special programs or promotions (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 or promotions.
The following Special Program Fees are currently available:
(a) Bounty Events
Bounty Events are available in select countries as referenced in the Appendix (“Special Program Fees”). You will earn Special Program Fees described in this Section 4(a) in connection with “Bounty Events” which occur when (1) a customer, who must be eligible for the Bounty Event as described in the Appendix, clicks through a Special Link on your Site to a bounty-specific homepage on an Amazon Site, and (2) during the resulting Session the customer completes the bounty action described in the Appendix.
Amazon will not pay Special Program Fees where a Bounty Event 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, and Bounty Events that do not result from Special Links on your Site). Amazon will determine in its sole discretion, in each case, whether a Bounty Event has occurred or if there has been a violation or abuse.
Special Links to the bounty-specific homepages listed in the Appendix 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. This program is available in select countries as stated in the Appendix (“Special Program Fees”).
You will earn the Special Program Fee Rates described in this Section 4(b) in connection with “Trade-In Events” which occur when (1) a customer clicks through a Special Link on your Site to an Amazon Site and (2) during the resulting Session the 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.
5. 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), Amazon reserves the right to discontinue or modify all or part of any limitation at any time. For Program Fee Limitations, please see the Appendix (“Program Fee Limitations”).
6. 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 earned by you during that month.
We will pay Standard Program Fees and Special Program Fees in the default currency for an Amazon Site approximately 60 days following the end of each calendar month in which they were earned by the method described below that you have selected. You may be permitted to elect to receive payment in a currency other than the default currency for an Amazon Site. If you choose to do so, you agree that the conversion rate will be determined in accordance with Amazon’s operating standards.
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 account number, the name of the primary account holder as it appears on the account, and other requested identifying information (such as the ABA, IBAN or BIC number, if applicable). 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 reaches the minimum stated in the Payment Minimum Chart.
Payment by Amazon 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 the Amazon Site the fees were earned on and are subject to our then-current gift card terms and conditions. If you select this option, we reserve the right to hold fees until the total amount due to reaches the minimum stated in the Payment Minimum Chart.
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 reaches the minimum stated in the Payment Minimum Chart and to deduct a processing fee as stated in the Payment Minimum Chart 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.
Payment Minimum Chart
|Option 1 (Deposit)
|Option 2 (Gift Card)
|Option 3 (Check)
|Check Processing Fee
If at any time there has been no substantial activity on your account for at least 3 years, then we will have the right, with 7 days’ written notice to withhold the accrued fees for your inactive account, up to a maximum closure withholding of an amount equal to the minimum amount listed in the Payment Minimum Chart for payment by gift card. Further, any unpaid accrued fees in your account may be subject to escheatment under applicable law.
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.
Associates Program Participation Requirements (“Participation Requirements”)
1. Enrollment and Eligibility
To begin the enrollment process, you must submit a complete and accurate Associates Program application. Your Site(s) must contain original content and be publicly available via the website address provided in the 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 or knowingly collect, use, or disclose personal information from children under 13 years of age or other applicable age threshold (as defined by applicable laws and regulations); or violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any applicable governmental authority related to child protection (for example, if applicable, the Children’s Online Privacy Protection Act (15 U.S.C. §§ 6501-6506) or any regulations promulgated thereunder or the Children’s Online Protection Act);
(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 listed on our Non-Exhaustive Trademark Table); 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 once you have complied with our suitability requirements. However, if at any time we 1) reject your application for any other reason or 2) terminate your account in connection with any violation 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.
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 unless you have otherwise notified us in your tax information you will perform all services under the Agreement outside the United States.
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.
2. Links on Your Site
(a) Special Links
After you have applied to 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 must use the Associates ID we have assigned to you.
(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. You must not encourage customers to bookmark your Special Links. All Special Links must be accessed directly 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 an 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. Special Links must link to Products (as defined in the Products Statement). When linking to pages with Product lists you must have additional original content on your Site that is relevant to the Special Link. Product lists include search results, events (e.g. Prime Day), or a department homepage (e.g. grocery).
You must remove from your Site any links and related references to limited time promotions as soon as that promotion on the relevant Amazon Site ends. For example, if you include links to Products in the apparel category of an Amazon Site and mention that there is 15% off select products in Amazon’s apparel category, you must remove the mention of the 15% discount from your Site as soon as the promotion ends.
You must not make inaccurate, overbroad, deceptive or otherwise misleading claims about any Product, an Amazon Site, or any of our policies, promotions, or prices. For example, if you include on your Site a link to a 64 GB smartphone sold on an Amazon Site, you may not state that you are linking to a smartphone that has 128 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 PA API and you comply with the requirements regarding use of 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 an 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.
If Amazon Spark is available on an Amazon Site, you must not post any Special Links on Amazon Spark or link to any page on your Site from Amazon Spark if that page contains any Special Link.
(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.
3. 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 Program Content on your Site in compliance with the Agreement, all applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any applicable governmental authority, including those related to disclosures (for example, if applicable, the U.S. FTC Guides Concerning the Use of Endorsement and Testimonials in Advertising) and electronic marketing, data protection and privacy (for example, if applicable, the Directive 2002/58/EC (Privacy and Electronic Communications Directive), and the General Data Protection Regulation (GDPR) (EU) 2016/679), 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 Program 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 Program Content, and the Amazon Marks, whether or not permitted under the Agreement.
4. Promotional Limitations
You will not engage in any promotional, marketing, or other advertising activities on behalf of us or our affiliates, or in connection with an Amazon Site or the Associates Program, that are not expressly permitted under the Agreement. 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 Program Content, or any Special Link in connection with email, offline promotion or in any offline manner (e.g., in any printed material, ebook, mailing, or attachment to email, or other document, or any oral solicitation).
5. Distribution of Special Links Through Software and Devices
Except as agreed between you and us in a separate written agreement referencing this Section 5, you will not use any Program Content or Special Link, or otherwise link to an 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).
6. 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 Program Content or any application that uses, incorporates, or displays any Program Content, PA API, or Data Feeds. For example, you will not use, or enable, or facilitate the use of Program 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 Program 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 Program Content that is no longer displayed on an Amazon Site or that we notify you is no longer available for your use.
(d) You will not use any Program Content, including any name or likeness embodied in that Program 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 Program 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 . 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 (defined below) 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 the word “amazon,” Kindle,” or any other trademark of Amazon or its affiliates or variations or misspellings of any of these words (“Proprietary Terms” and you can see a non-exhaustive list of our trademarks in the Non-Exhaustive Trademarks Table) 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 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 an 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 an 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 an Amazon Site.
(k) You will not make any orders or engage in other transactions of any kind on an 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 Program 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 an 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 in accordance with Section 2 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 an 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 an Amazon Site (for example, in connection with any advertising service available through an Amazon Site or in a customer review, forum, Wish List, guide, or any other customer-generated context available on an Amazon Site).
(q) You will not attempt to circumvent the Fee Statement or artificially increase your fees. For example, you cannot cause any page of an 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 an 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 PA API and you comply with the requirements for PA API described in the License.
(u) You will not directly or indirectly purchase any Product(s) or take a Bounty Event action through Special Links, whether for your use or 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) or take a Bounty Event action 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 or take a Bounty Event action 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 Program 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 an Amazon Site.
(w) You will not use a link shortening service, button, hyperlink or other ad placement 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 Agreement.
(y) Unless otherwise agreed by Amazon, your Site must not have price tracking and/or price alerting functionality.
(z) You will not display on your Site, or otherwise use, any Program Content to advertise or promote any products that are offered on any site that is not an Amazon Site (e.g., products offered by other retailers). You will not display on your Site or otherwise use any data, images, text, or other information or content you may obtain from us that relates to Excluded Products.
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 other than Amazon Home Services are currently included in Products at this time.
3. Excluded Products
Notwithstanding the above, the following items and services are currently excluded from the Products included in the Associates Program (“Excluded Products”):
(a) any product or service sold on a site linked to from an 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 an Amazon Site),
(b) any alcoholic beverage advertised on your Site if you are a United States business holding a license to manufacture, wholesale, or distribute any alcoholic beverages, or if your Site is operating on behalf of, such a business,
(c) 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.
Associates Program Mobile Application Policy (“Mobile Application Policy”)
If your Site includes a software application designed and intended for use on mobile phones, tablets, or other handheld devices (a “Mobile Application”), 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, and
(e) must not host or render Amazon web pages in WebViews.
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 Agreement.
Associates Program Trademark Guidelines (“Trademark Guidelines”)
These Guidelines apply to the use of the marks we may make available to you as part of Program Content (“Amazon Marks”). Strict compliance with these Guidelines is required at all times, and any use of the Amazon Marks in violation of these Guidelines will automatically terminate any license related to your use of the Amazon Marks.
1. YOU ARE ALLOWED TO USE THE AMAZON MARKS ONLY BY DISPLAY ON YOUR SITE WITH THE PURPOSE OF ADVERTISING AVAILABILITY OF PRODUCTS ON AN AMAZON SITE, WITH A CORRESPONDING SPECIAL LINK TO THAT SITE.
2. Your use of the Amazon Marks must (i) comply with the most up-to-date version of these Guidelines; and (ii) comply with all Program Documents (as defined in the Fee Statement).
3. You may use the Amazon Marks solely for the purpose specifically authorized under the Program Documents. You may not use or display the Marks (i) in any manner that implies sponsorship or endorsement by us; (ii) to disparage us, our products or services; (iii) in a way that may, at our discretion, diminish or otherwise damage our goodwill in the Amazon Marks; or (iv) in offline material or email (e.g., in any printed material, mailing, SMS, MMS, attachment to email, or other document, or any oral solicitation).
4. We will supply an image or images of the Amazon Marks for you to use. 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.
5. 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.
6. 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.
7. You cannot display or otherwise use any trademark or logo of any third party seller or vendor on an Amazon Site in connection with any Special Link unless you have obtained from that seller or vendor specific written authorization to do so.
8. You cannot use or apply to register any trademark that is confusingly similar to any Amazon mark in any jurisdiction. You cannot use or apply to register any trademark, domain name, subdomain, username or app name that is confusingly similar to any Amazon mark in any jurisdiction.
We reserve the right to modify these Trademark Guidelines and the approved Amazon Marks, at any time and in our sole discretion, by posting a change notice or revised Trademark Guidelines or approved Amazon Marks 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.
Associates Program IP License (“License”)
This License governs your use of Program Content in connection with your participation in the Associates Program. By accepting the Agreement, or by accessing or using the Program 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.
1. Limited License to Program Content
Subject to the terms of the 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 Program 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 Program Content, solely on your Site and in accordance with the Trademark Guidelines, and (c) access and use PA API, Data Feeds, and Product Advertising Content solely in accordance with the Specifications and this License.
You will use Program Content solely in accordance with the terms of the Agreement and within the express scope of the license granted herein. Without limiting the foregoing, you will (a) use Program Content solely to send end users and sales to an Amazon Site and will not link any Program Content to, or in conjunction with any Program Content, direct traffic to any page of a site other than an Amazon Site (however, parts of your Site that are not closely associated with the Program Content may contain links to sites other than an Amazon Site) and (b) link each use of the Program Content solely to the related Product detail page or other relevant page of an Amazon Site and not to any other page.
PA API or Data Feeds 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 PA API or Data Feeds 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 PA API or Data Feeds (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 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 Program Content (including PA API and Data Feeds) and promptly remove from your Site and delete or otherwise destroy all of the Program Content and Amazon Marks with respect to which the License is terminated or as we may otherwise request from time to time.
2. PA API Usage Requirements
(a) Description. Under this License, we may make available to you Program 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 PA API, we may make available from time to time for use in connection with 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 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 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 an Amazon Site.
(b) Obtaining Product Advertising Content. You may obtain Product Advertising Content by making calls to PA API. If we provide express prior written approval, you may also obtain Product Advertising Content through a data feed (“Data Feeds”) that we make available via file transfer protocol. To request our approval for access to Product Advertising Content through Data Feeds, contact us via this link. If you obtain Product Advertising Content through Data Feeds, your access to and use of Data Feeds is subject to this License. You acknowledge that we may change, deprecate, or republish PA API or Data Feeds, or any features of PA API or Data Feeds, 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 PA API or Data Feeds 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 PA API. You may obtain your Account Identifiers through 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 Feeds (“Data Feed Access ID”). You must obtain your Data Feed Access ID as part of the Data Feeds 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 PA API, accessing the Data Feeds, or using Product Advertising Content, you agree to comply with the 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 PA API, Data Feeds, 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 an Amazon Site and driving sales of products and services on an 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 an 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 an Amazon Site (however, parts of your application that are not closely associated with Product Advertising Content may contain links to sites other than an 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 PA API or Data Feeds 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 an Amazon Site.
(f) You will not (i) interfere, or attempt to interfere, in any manner with the functionality or proper working of 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 PA API, Data Feeds, 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 (except to the extent such right cannot be excluded or limited by law and then only when our express permission has been sought and refused), or otherwise derive any source code of or relating to PA API, Data Feeds, 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 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 Data Feeds, or if you call 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 EST- 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 [relevant Amazon Site(s), as applicable] 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 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 PA API that are greater than 40KB 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 [IN THIS APPLICATION or ON THIS SITE, as applicable] COMES FROM AMAZON. 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.
3. 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, Program 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 Program Content or in connection with your participation in the Associates Program, or if you modify any Program 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 for the maximum duration of protection available under applicable law 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.
Amazon Influencer Program Policy (“Influencer Program Policy”)
The Amazon Associates “Influencer Program” is a country specific program that is available in select countries. You may earn fees by acting as a social media presence facilitating customer purchases as part of the Influencer Program in connection with your participation in the Associates Program. In order to participate in the Influencer Program, an eligible Associate (“Influencer”) must meet Amazon qualitative and quantitative thresholds, complete the registration process, and comply with the applicable provisions of the Agreement, including this Influencer Program Policy.
1. Registration Information; Influencer Page.
(a) Registration Information. To register as an Influencer, you must complete all information requirements, including granting requests to access data regarding your social media presences.
(b) Influencer Page. This Influencer Program may include an Amazon Site influencer page registered through Amazon and assigned to you (“Influencer Page”). With respect to Special Links that direct customers to your Influencer Page, the related Session will be measured as beginning when our customer clicks through to your Influencer Page. The Influencer Page is a “Service Offering” for all purposes under the Agreement. With respect to any text, pictures, compilations, lists, comments or other data or content you submit to Amazon in connection with the Influencer Program (“Influencer Content”), you will not submit such Influencer Content if it violates any standard included in Section 1 of the Participation Requirements.
(c) Marketing. Solely with respect to the Amazon Influencer Program, and notwithstanding anything to the contrary in the Participation Requirements, you may include Special Links to your Influencer Page in emails; provided, that such emails are in compliance with the Agreement, the Trademark Guidelines, and the Amazon Brand Usage Guidelines. Upon our request, you will provide us with representative sample materials and written certification that you have complied with the foregoing. We will specify the form of, and content required in, that certification in any such request. Any failure by you to provide the certification in accordance with our request will constitute a material breach of this Influencer Program Policy. For the avoidance of doubt, (i) for the purposes of applicable marketing laws (for example, if applicable, the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act of 1991 and any similar or successor legislation), you are the “Sender” of each email containing any Special Links, and (ii) you must comply with applicable laws and marketing industry standards and best practices for all emails relating to the Amazon Influencer Program. Amazon may revoke the offline marketing permissions granted in this Section 1 at any time in its sole discretion by providing written notice to you.
2. Reservation of Rights; Consent; Indemnification
(a) Reservation of Rights. We reserve all right, title and interest (including all intellectual property and proprietary rights) in and to, and you do not, by virtue of the Agreement or otherwise, acquire any ownership interest or rights in or to, the Influencer Page, the Influencer Page URL or information and materials on the Influencer Page. You will not take any action that conflicts with our rights in, or ownership of, the Influencer Page. Amazon reserves all rights to determine the content, appearance, functionality, URL, and all other aspects of the Influencer Page, including through the display of (i) advertising materials on the Influencer Page, without compensation to Influencer, and (ii) disclosure (by text, link, icon, or otherwise) regarding Influencer’s participation in the Influencer Program.
(b) Consent. By accepting this Influencer Program Policy, you hereby grant to Amazon a non-exclusive, irrevocable, worldwide, fully paid-up, royalty-free and perpetual license for the maximum duration of protection available under applicable law in all languages to use, copy, reproduce, adapt, distribute, transmit and display your name, photo, logo and other trademarks or materials provided to Amazon in connection with the Amazon Influencer Program, including through linkage to your Amazon public profile (“Influencer Marks”); provided however, that Amazon will not alter any Influencer Marks from the form provided by Influencer (except to re-format or re-size within the Influencer Page, so long as the relative presentation of the Influencer Marks remains the same).
(c) Influencer Content and Site. For avoidance of doubt, you acknowledge that Influencer Content you submit will be subject to the provisions of the Conditions of Use on the relevant Amazon Site relating to posting content or submitting material and that your Site is subject to the requirements of Section 3(b) of the Participation Requirements relating to compliance with all applicable laws (for example, if applicable, the US FTC Guides Concerning Use of Endorsement and Testimonials in Advertising).
(d) Indemnification. WE WILL HAVE NO LIABILITY FOR ANY MATTER DIRECTLY OR INDIRECTLY RELATING TO THE CREATION, MAINTENANCE, OR OPERATION OF THE INFLUENCER PAGE, AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES, HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) RELATING TO ANY CONTENT WITHIN THE INFLUENCER PAGE PROVIDED BY YOU.
3. Termination. Amazon may suspend or terminate Influencer’s participation in the Amazon Influencer Program, and Influencer may terminate such participation, in each case immediately by notice provided in accordance with the termination provisions of the Agreement. The rights set forth in Section 2 of this Influencer Program Policy will survive the termination of Influencer’s participation in the Amazon Influencer Program; provided that, we will use commercially reasonable efforts to remove any Influencer Marks from the Influencer Page following termination.
Associates Program Local Associates Policy (“Local Associates Policy”)
This Local Associates Policy applies to any registered business that offers face-to-face customer experiences and that facilitates customer purchases on Amazon.com (“Local Associates Program”) operated by an Associate in one or more of its owned or operated facilities registered on the program portal at https://affiliate-program.amazon.com/local Associates Site (such portal, the “Local Associates Portal” and such facilities, the “Local Associates Facilities”). In order to participate in the Local Associates Program you must (A) be an owner or authorized employee of a registered business, (B) apply through the Local Associates Portal, (C) have your application accepted by Amazon, (D) not be also registered for the Amazon Associates Program, and (E) comply with the applicable provisions of the Associates Program Operating Agreement, including this Local Associates Policy.
1. Assigned ID.
You will register for and be assigned a unique URL associated with an Associate ID for your participation in the Local Associates Program. You will not use any alternative URL or Associate IDs in connection with the Local Associates Program or use the assigned URL or Associate ID for any other purpose. For purposes of this Local Associates Policy, your unique URL will be considered a Special Link as defined in the Associates Program Operating Agreement.
2. Local Associates Program.
You will offer Amazon customers the opportunity to purchase select Products for which you have expertise to assist customers in evaluating and making purchase decisions (“Local Associates Products”), as described below:
(a) For purposes of the Local Associates Program, “your Site”, as referenced in the Associates Program Operating Agreement, includes the Local Associates Facilities and any other location where you market Products to Amazon customers. For avoidance of doubt, if you use any Site (as defined in the Associates Program Operating Agreement) or other online presence to market Products to Amazon customers, that Site will be subject to all provisions of the Associates Program Operating Agreement as “your Site.”
(b) The Local Associates Products will be made available for Amazon customers to purchase through a specific page on Amazon.com assigned to each Local Associate (such page, the “Recommendations Page”). The Recommendations Page will include either a general Amazon.com search bar or a selection of Local Associates Products curated by you. Amazon reserves the right to modify the Products included in the Local Associates Products on any Recommendations Page. You must direct all Local Associates Program marketing to the Recommendations Page to be eligible for Qualified Purchases.
(c) You will be solely responsible for providing personnel to assist Amazon customers with making purchases through the Local Associates Program. Without limiting the generality of the foregoing, you will design a reasonable training program designed to (1) educate your employees about Local Associates Program offerings, (2) use your expertise to assist Amazon customers with evaluating and making purchasing decisions regarding Local Associates Products, and (3) optimize customer experiences with the Local Associates Program. Further, you will implement the training program for all store managers and associates at each Local Associates Facility. With respect to any Amazon customer data received by you or your personnel in connection with purchases of Local Associates Products, you will ensure the security and prompt destruction of such customer data.
(d) Amazon will be solely responsible for all customer service, fulfillment, delivery, and any returns relating to the Local Associates Products.
(e) Both parties acknowledge and agree that you are not acting as a reseller of any Amazon product(s), Local Associates Product(s), or other product or service purchased through the Local Associates Program.
You will market Local Associates Products to Amazon customers only at those locations and through those methods by which you customarily conduct your registered business. Solely with respect to the Local Associates Program, and notwithstanding anything to the contrary in the Participation Requirements, you may include Special Links in written physical and digital materials (including email) which are displayed, distributed, emailed, or offered to customers, clients, or third parties with whom you have a preexisting relationship; provided, that such written physical and digital materials are in compliance with the Associates Program Operating Agreement, the Trademark Guidelines, and the Amazon Brand Usage Guidelines. Upon our request, you will provide us with representative sample materials and written certification that you have complied with the foregoing. We will specify the form of, and content required in, that certification in any such request. Any failure by you to provide the certification in accordance with our request will constitute a material breach of this Local Associates Policy. For the avoidance of doubt, (i) for the purposes of the CAN-SPAM Act of 2003 and any similar or successor legislation (CAN-SPAM), you are the “Sender” of each email containing any Special Links, (ii) for the purposes of the Communications Act of 1934 as amended by Telephone Consumer Protection Act of 1991 and any similar or successor legislation (TCPA), you “make” and “initiate” each text message containing any Special Links, and (iii) you must comply with CAN-SPAM, TCPA and marketing industry standards and best practices for all emails, texts, and other messages relating to the Local Associates Program. Amazon may revoke the offline marketing permissions granted in this Section 3 at any time in its sole discretion by providing written notice to you.
4. Promotional Materials and Licensing.
(a) Promotional Materials. Amazon may from time to time provide you with a standard form template and other marketing assets for use in promotional marketing materials (“Promotional Materials”), subject to the limited license in Section 4(b) of this policy. Amazon reserves the right to review your Promotional Materials at any time for compliance with this Local Associates Policy. Any failure by you to provide the Promotional Materials in accordance with our request will constitute a material breach of this Local Associates Policy.
(b) Amazon Marks Limited License. Amazon grants to you a non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable right and license to display, publish, and reproduce Amazon Marks that Amazon may provide to you from time to time in connection with Local Associates Program solely for the purpose of marketing Local Associates Products. Amazon reserves all right, title, and interest in and to its Intellectual Property Rights and no title to or ownership of any of Amazon’s Intellectual Property Rights (including with respect to Amazon Marks) is transferred or licensed in connection with this Local Associates Policy. “Intellectual Property Right” means any patent, copyright, trademark, or trade secret right and any other intellectual property or proprietary right in any jurisdiction, including any and all applications, registration and rights of registration, reissues, divisions, continuations, substitutes, renewals, and extensions in respect thereto, and any causes of action related to any violation, infringement or misappropriation thereof. Upon the termination of your participation in the Local Associates Program by Amazon or you, you will immediately cease and discontinue all further use of the Amazon Marks, any and all licenses you have with respect to the Amazon Marks will automatically terminate. You will promptly (within 7 calendar days) stop using and remove or destroy all Amazon Marks and any other materials provided or made available by or on behalf of Amazon to you under this Local Associates Policy.
(c) Recommendations Page. 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 Local Associates Policy or otherwise, acquire any ownership interest or rights in or to, the Recommendation Page, the Recommendation Page URL, or information and materials on the Recommendation Page. You will not take any action that conflicts with our rights in, or ownership of, the Recommendation Page. Amazon reserves all rights to determine the content, appearance, functionality, URL, and all other aspects of the Recommendation Page, including through the display of (i) advertising materials on the Recommendation Page, without compensation to any Local Associate, and (ii) disclosure (by text, link, icon, or otherwise) regarding your participation in this Local Associates Program.
(d) Local Associate Consent. By accepting this Local Associates Policy, you hereby grant to Amazon a non-exclusive, irrevocable, worldwide, fully paid-up, royalty-free and perpetual license in all languages to use, copy, reproduce, adapt, distribute, transmit and display your name, photo, logo and other trademarks or materials provided to Amazon in connection with the Local Associates Program (“Local Associate Marks”), solely in connection with the promotion, use, and display of the Recommendation Page and as examples of best practices in our educational and marketing materials; provided however, that Amazon will not alter any Local Associate Marks from the form provided by you (except to re-format or re-size within the Recommendation Page, so long as the relative presentation of the Local Associate Marks remains the same).
5. Service Offerings.
The Local Associates Portal, all Promotional Materials, and any other information and content provided to you in connection with the Local Associates Program are included as “Service Offerings” under the Associates Program Operating Agreement. All disclaimers and indemnity obligations under the Associates Program Operating Agreement will apply further to liabilities, claims, damages, losses, costs, and expenses relating to your Recommendations Page and any Local Associates Marks or other data or materials you provide in connection with the Local Associates Program.
6. Term and Termination.
Either party may terminate your participation in the Local Associates Program at any time, with or without cause, in accordance with the termination provisions in the Associates Program Operating Agreement.
Associates Program Standard Fees Schedule
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
||Fixed Standard Program Fee Rates
|Amazon Fashion Women, Men & Kids Private Label, Luxury Beauty, Amazon Coins
|Furniture, Home, Home Improvement, Lawn & Garden, Pets Products, Pantry
|Apparel, Amazon Cloud Cam Devices, Amazon Element Smart TV (with Fire TV), Amazon Fire TV Devices, Jewelry, Luggage, Shoes, Handbags &
|Headphones, Beauty, Musical Instruments, Business & Industrial Supplies
|Digital Music, Grocery, Physical Music, Handmade, Digital Videos
|Physical Books, Health & Personal Care, Sports, Kitchen, Automotive, Baby Products
|Physical Books, Health & Personal Care, Sports, Kitchen, Automotive, Baby Products
|Amazon Fire Tablet Devices, Dash Buttons, Amazon Kindle Devices
|Amazon Fresh, Toys
|PC, PC Components, DVD & Blu-Ray
|Televisions, Digital Video Games
|Video Games & Video Game Consoles
|Amazon Gift Cards; Wireless Service Plans; Alcoholic Beverages; Digital Kindle Products purchased as a subscription; Food prepared and delivered from a restaurant; Amazon Appstore, Prime Now, Amazon Pay Places, or Prime Wardrobe Purchases
|All Other Categories
Special Program Fees
(a) Bounty Events
|Bounty-Eligible Program||Homepage||Bounty Action||Eligible Customer||Bounty Rate|
|Prime Video Channels Free Trial||See Table A Below||Successful registration for a third party video subscription||An Amazon Prime customer who meets the eligibility requirements for a Prime Video Channels Subscriptions||$3.00|
|Amazon Baby Registry||http://www.amazon.com/gp/baby/homepage||Successful creation of, and addition of at least 1 item to, an Amazon Baby Registry||A customer who meets the eligibility requirements for the creation of an Amazon Baby Registry and who has not previously created an Amazon Baby Registry||$3.00|
|Amazon Business||http://www.amazon.com/tryAB||Successful registration for an Amazon Business account||A business which meets the eligibility requirements for an Amazon Business account and which has not previously registered for an Amazon Business account.||$15.00|
|Amazon Family||http://www.amazon.com/mom||Successful registration for Amazon Prime Free Trial||A customer who meets the eligibility requirements for the Amazon Prime Free Trial||$3.00|
|Amazon Home Services||http://www.amazon.com/homeservices||Successful reservation of a Standard, Pre-Packaged, or Custom service from Amazon Home Services||A customer who meets the eligibility requirements for Amazon Home Services and who has not previously reserved a service for Amazon Home Services||$3.00|
|Amazon Music Unlimited Free Trial||https://www.amazon.com/gp/dmusic/promotions/AmazonMusicUnlimited||Successful registration for Amazon Music Unlimited Free Trial||A customer who meets the eligibility requirements for the Amazon Music Unlimited Free Trial||$3.00|
|Amazon Prime Free Trial||http://www.amazon.com/tryprimefree||Successful registration for Amazon Prime Free Trial||A customer who meets the eligibility requirements for the Amazon Prime Free Trial||$3.00|
|Amazon Prime Gifting (12-month)||https://www.amazon.com/gp/prime/pipeline/prime_gifting_landing||Bounty-Eligible Purchase of a 12-month Prime Gift Membership||Any customer||$5.00|
|Amazon Prime Gifting (3-month)||https://www.amazon.com/gp/prime/pipeline/prime_gifting_landing||Bounty-Eligible Purchase of a 3-month Prime Gift Membership||Any customer||$3.00|
|Amazon Prime Discounted Monthly Offering (Prime Free Trial for Qualifying Customers)||https://amazon.com/qualify||Successful registration for a Prime Free Trial for qualifying customer||A customer who meets the eligibility requirements for the Amazon Prime Monthly Discounted Free Trial||$3.00|
|Amazon Prime Music Free Trial||http://www.amazon.com/gp/dmusic/promotions/prime.html||Successful registration for Amazon Prime Free Trial||A customer who meets the eligibility requirements for the Amazon Prime Free Trial||$3.00|
|Amazon Prime Video Free Trial||http://www.amazon.com/gp/video/primesignup||Successful registration for Amazon Prime Free Trial||A customer who meets the eligibility requirements for the Amazon Prime Free Trial||$3.00|
|Amazon Prime Student 6-Month Trial||http://www.amazon.com/gp/student/signup/info||Successful registration for Amazon Student||A customer who meets the eligibility requirements for Amazon Student and who has not previously registered for any version of Amazon Student||$3.00|
|Amazon Wedding Registry||http://www.amazon.com/gp/wedding/homepage||Successful creation of, and addition of at least 1 item to, an Amazon Wedding Registry||A customer who meets the eligibility requirements for the creation of an Amazon Wedding Registry and who has not previously created an Amazon Wedding Registry||$3.00|
|Audible Audiobook||Not applicable||Bounty-Eligible Purchase of an Audible audiobook on Amazon.com (including purchases made using Audible membership credits, but excluding purchases of free audiobooks)||Any customer||$0.50|
|Audible Free Trial Digital Membership||Not applicable||Successful registration for an Audible Free Trial on Amazon.com ||A customer who meets the eligibility requirements for the Audible Free Trial||$5.00|
|Audible Gold Digital Membership||Not applicable||Successful registration for an Audible Gold Digital Membership on Amazon.com||A customer who meets the eligibility requirements for the Audible Gold Digital Membership||$10.00|
|Audible Romance||http://amazon.com/romancepackage||Successful registration for the Audible Romance Package||A customer who meets the eligibility requirements for the Audible Romance Package||$5.00|
|Cell Phone with Wireless Service Plan||Not applicable||Bounty-Eligible Purchase of a cellular phone with a wireless service plan||Any customer||$25.00|
|Kindle Reading App||https://www.amazon.com/associates/AppDownload?tag=[YourAssociatesID]&program=1&linkCode=adt ||Successful sign-in to a Kindle reading app, which may require the Eligible Customer to download and install the application||A customer who has not previously signed into a Kindle reading application||$3.00|
|Kindle Unlimited Free Trial||http://www.amazon.com/kindleunlimited||Successful registration for Kindle Unlimited Free Trial||A customer who meets the eligibility requirements for the Kindle Unlimited Free Trial||$3.00|
|Kindle Unlimited 6 Month Paid Membership||https://www.amazon.com/gp/kindle/ku/gift_landing||Purchase of a 6-month Kindle Unlimited membership ||A customer who completes a 6-month Kindle Unlimited membership purchase||$3.00|
|Kindle Unlimited 12 Month Paid Membership||https://www.amazon.com/gp/kindle/ku/gift_landing||Purchase of a 12-month Kindle Unlimited membership||A customer who completes a 12-month Kindle Unlimited membership purchase||$5.00|
|Kindle Unlimited 24 Month Paid Membership||https://www.amazon.com/gp/kindle/ku/gift_landing||Purchase of a 24-month Kindle Unlimited membership||A customer who completes a Kindle Unlimited 24-month membership purchase||$10.00|
|Prime Exclusives||https://www.amazon.com/primeexclusives||Successful registration for Amazon Prime Free Trial||A customer who meets the eligibility requirements for the Amazon Prime Free Trial||$3.00|
|Prime Pantry Free Trial||https://www.amazon.com/gp/pantry/info||Successful registration for Prime Pantry Free Trial||A customer who meets the eligibility requirements for the Prime Pantry Free Trial||$3.00|
|Twitch Prime (sign up of Prime Free Trial and linking to Twitch account)||https:/amazon.com/trytwitchprime||Connection of Amazon Prime account to Twitch||A customer who meets the eligibility requirements for the Amazon Prime Free Trial||$3.00|
|Amazon Fresh Free Trial||
https://www.amazon.com/afx/nc/primefreshbenefits||Successful registration for Amazon Fresh Free Trial||A customer who meets the eligibility requirements for the Amazon Fresh Free Trial||$5.00|
|Amazon FreeTime Unlimited Free Trial||http://www.amazon.com/tryfreetime||Successful registration for Amazon FreeTime Unlimited Free Trial||A customer who meets the eligibility requirements for the Amazon FreeTime Unlimited Free Trial||$3.00|
|Amazon FreeTime Unlimited 3-Month Paid Membership||https://www.amazon.com/tryfreetime3mo||Purchase of a 3-month Amazon FreeTime Unlimited membership||A customer who completes a 3-month Amazon FreeTime Unlimited membership purchase||$3.00|
TABLE A – Prime Video Channels Subscription Homepages
The Trade-In Program is available in the United States. Special Program Fee Rates for specified Trade-In Events are as follows: