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 Commission Income Statement), 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. 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. This prohibition will not apply to (1) 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; (2) an Approved Mobile Application as defined in the Mobile Application Policy; or (3) 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 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 paid-up royalty-free, nonexclusive, worldwide, freely transferable right and license for the duration of your original and derivative intellectual property rights 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 Associates Program “Amazon Influencer Program” is a country specific program that is available in select countries. You may earn commission income by acting as a social media presence facilitating customer purchases as part of the Amazon Influencer Program in connection with your participation in the Associates Program. In order to participate in the Amazon 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 Amazon 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, digital videos, or other data or content you submit to Amazon in connection with the Amazon Influencer Program (“Influencer Content”), you will not submit such Influencer Content if it violates any standard included in Section 1 of the Participation Requirements or the Amazon Community Guidelines.
(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. Onsite Use
(a) Discretion in Use; Removal Right. Amazon may (as determined by Amazon in its sole discretion) but is not obligated to use Influencer Content, subject to the terms of the license described in Section 3(b) of the Influencer Program Policy. Amazon reserves the right (in its sole discretion and at any time) to reject, remove, suspend, or restore any or all of the Influencer Content.
(b) Compensation. With respect to Influencer Content used by Amazon within the Amazon Site, Influencer will earn commission income (“Onsite Commission Income”) as further detailed in Associates Central. To be eligible to earn Onsite Commission Income from the applicable Amazon Site, you must be registered as an Influencer for the applicable Amazon Site with a dedicated Store ID for this purpose.
3. Reservation of Rights; Use of Influencer Marks; 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, information and materials on the Influencer Page or any other aspect of the Amazon Site. 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 and Amazon Site, 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 Amazon Influencer Program.
(b) Influencer Marks License. By accepting this Influencer Program Policy, you hereby grant to Amazon a non-exclusive, worldwide, fully paid-up, royalty-free license for the maximum duration of your original and derivative intellectual property rights in all languages to use, copy, reproduce, adapt, translate, excerpt, reformat, distribute, transmit and display your name, photo, logo and other trademarks (“Influencer Marks”) and materials provided to Amazon in connection with the Amazon Influencer Program, including through linkage to your Amazon public profile; provided however, that Amazon will not alter any Influencer Marks from the form provided by Influencer (except to re-format or re-size, 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 Influencer Content and Site are 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). Additionally, if Influencer has any other material connection or otherwise receives any compensation from any other manufacturer, distributor, brand, or third party in connection with any Influencer Content, Influencer is also responsible for following all applicable laws with respect to those connections or compensation arrangements, including those described in the FTC Endorsement Guides (such as by using the text “#Ad” or “#Sponsored”).
(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 INFLUENCER CONTENT, 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 INFLUENCER CONTENT.
4. 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 3 of this Influencer Program Policy, including all rights related to the use of Influencer Marks and other materials provided in connection with the Amazon Influencer Program, will survive and continue after 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.