Affiliate Commission Payments
1. Qualifying Purchases and Qualifying Revenue
Qualifying purchases occur when:
(a) a customer clicks through your affiliate Link Dittozebra;
and
(b) during a single session, which is measured as beginning when
a customer clicks through your affiliate 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, or (z) the customer clicks through a
different affiliate Link to Dittozebra that is not yours and the following
happens: the customer purchases
a non k9kismet Product by adding a Product to his or her shopping cart and completing the
order for that Product no later than 30 days after their initial click-through of your affiliate link.
(c) the Product is shipped to 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), and credit card
processing fees.
2. Disqualified Purchases
Qualifying Purchases are disqualified whenever they occur in
connection with a violation of this Affiliate Program Statement or any other
terms, conditions, specifications, statements, and policies that we may issue
from time to time that apply to the Affiliates Program.
Further, the following purchases that would otherwise be
Qualified Purchases are disqualified and excluded from the Affiliate Program:
(a) any Product purchased after termination of your Affiliate
relationship with Dittozebra
(b) any Product order where a cancellation, return, or refund
has been initiated,
(c) any Product purchased by a customer who is referred to
Dittozebra through any advertisement that you purchased through participation
in bidding or auctions on keywords, search terms, or other identifiers that
include the word “dittozebra”, "keisergraphics", "heather keiser"
or any other Dittozebra Mark or variations or misspellings of any of those
words (e.g., “ditto zebra”, “ditozebra”, and “keisergraphx”.
(d) any Product purchased by a customer who is referred to
Dittozebra by a link that sends users indirectly to Dittozebra 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”),
(g) any Product purchase that is not correctly tracked or
reported because your affiliate links to the relevant Dittozebra Site are not
properly formatted,
3. Commission Reporting and Commission Distribution
Commissions are calculated as a percentage of Qualifying
Revenue.
Payments are made via paypal for Dittozebra approximately 30
days following the end of each calendar month in which they were earned.
Payments made to you, as reduced by all deductions or
withholdings will constitute full payment and settlement to you.
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
payments payable to you.
4. Payment Limitations
Dittozebra reserves the right to discontinue or modify all or
part of any limitation at any time.
Affiliate Program
Participation Requirements (“Participation Requirements”)
1. Enrollment and Eligibility
Enrollment is FREE. To begin the enrollment process, you must
submit a complete and accurate affiliate application. You must be 18 years of
age or older and a United States Citizen. Your Site(s) must contain original
content and be publicly available via the sites provided in the application. We
will evaluate your application and notify you of its acceptance or rejection.
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,
(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;
(g) include any trademark of Dittozebra or its affiliates, or a
variant or misspelling of a trademark of Dittozebra 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.
You will ensure that the information in your Affiliate Program
application and information otherwise associated with your account on the
Affiliate Site, including your email address, other contact information, and
identification of your Site/s, 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 Affiliate 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.
2. Your Affiliate links
(a) Special Links
After you have applied & been accepted to the Affiliate
Program, you are permitted to display affiliate links that enable accurate
tracking, reporting, and accrual of fees.
(b) General
Requirements Applicable to All Affiliate Links
Affiliate Links may be created by you or made available to you
by us. You are solely responsible for
the content, style, and placement of each link that you place on your Site/s
and for ensuring that your Affiliate Links 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 Affiliate Links.
You must remove from your Site any links and related references
to limited time promotions as soon as that promotion on the relevant Dittozebra
Site ends. For example, if you include links to Products in the Groovy Chic of
an Dittozebra and mention that there is 15% off select products in Groovy Chic,
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, Dittozebra, or any of our policies,
promotions, or prices.
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, as well as disclosing your affiliate relationship in any use of your
affiliate links.
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
Dittozebra or the Affiliate Program, that are not expressly permitted under the
terms & conditions. 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 Dittozebra 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. Content on your Site
You will be solely responsible for the content on your Site and
ensure:
(a) You will not add to, delete from, or otherwise alter any
Program Content in any way, including by adding additional information, except
that you may resize Program Content consisting of a graphic image in a manner
that maintains the original proportions of the image or truncate Program Content
consisting of text in a manner that does not materially alter the meaning of
the text or cause the text to become factually incorrect, or misleading. Some
types of links that we may make available to you may contain a link to an
informational page on an Dittozebra that is not formatted as an Affiliate Link (for example, links to
privacy policy information at the bottom of banners); without limiting the
generality of the foregoing, you will not remove, obscure, or alter, or make
invisible, illegible, or indecipherable to visitors of your Site, any “Privacy
Information” link.
(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 Dittozebra
or that we notify you is no longer available for your use.
(d)You will not (and you will not seek to) purchase, register or
otherwise use any Dittozebra Mark or
variations or misspellings of any of those words (e.g., “ditozebra,”
“dittozebrah,” and “ditoZ,”) for use in any Search Engine.
(e)You will not bid on or purchase keywords, search terms, or
other identifiers, including the word “dittozebra” or any other trademark of Dittozebra
or its affiliates or variations or misspellings of any of these words or
otherwise participate in keyword auctions on any Search Engine.
(f) 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 Affiliate Links.
For example, you cannot implement any “rewards” or loyalty program that
incentivizes persons or entities to visit Dittozebra via your Affiliate Links.
(g) 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.
(h) You will not request, collect, obtain, store, cache, or otherwise
use any account information used by our customers in connection with Dittozebra
(including any usernames or passwords of Dittozebra customers).
(i) You will not modify, redirect, suppress, or substitute the
operation of any button, link, or other feature of Dittozebra.
(j) You will not make any orders or engage in other transactions
of any kind on Dittozebra on behalf of any other person or entity, or
authorize, assist, or encourage any other person or entity to do so.
(k) You will not take any action that could reasonably cause any
customer confusion as to our relationship with you.
(l) You will not include on your Site, display, or otherwise use
your Affilate 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.
(m) You will not post or serve your Affilate Links or other
content promoting Dittozebra 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.
(n) You will not include any of your Affilate Links in any content
that you place on Dittozebra.
(o) 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 Affiliate Program.
(p) You will not artificially generate clicks or impressions on
your Site or create Sessions on Dittozebra, whether by way of a robot or
software program or otherwise.
(q) You will not cloak, hide, spoof, or otherwise obscure the URL
of your Site containing Affiliate 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 Dittozebra.
(r) 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 Dittozebra.
(s) 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 terms & conditions.
Affiliate Program
Products Statement (“Products Statement”)
1. Products
Under the Affiliate Program, subject to the additions and
exclusions described in this Products Statement, a “Product” is any item sold
on Dittozebra.
Affiliate 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 (“Dittozebra Marks”). Strict
compliance with these Guidelines is required at all times, and any use of the
Dittozebra Marks in violation of these Guidelines will automatically terminate
any license related to your use of the Dittozebra Marks.
1. YOU ARE ALLOWED TO USE THE DITTOZEBRA MARKS ONLY BY DISPLAY
ON YOUR SITE WITH THE PURPOSE OF ADVERTISING AVAILABILITY OF PRODUCTS ON
DITTOZEBRA, WITH A CORRESPONDING AFFILIATE LINK TO THAT SITE.
2. Your use of the DITTOZEBRA 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 Commission Statement).
3. 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 Dittozebra 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 Dittozebra Marks for
you to use. You may not alter any Dittozebra Mark in any manner. For example,
you cannot change the proportion, color, or font of any Dittozebra Mark, or add
or remove any elements from any Dittozebra Mark.
5. Each Dittozebra Mark must appear by itself, in its entirety,
with reasonable spacing between each side of the Dittozebra Mark and other
visual, graphic, or textual elements. Under no circumstance can any Dittozebra
Mark be placed on any background that interferes with the readability or
display of that Dittozebra Mark.
6. All rights to the Dittozebra Marks are our exclusive
property, and all goodwill generated through your use of any Dittozebra Mark
will inure to our exclusive benefit. You will not take any action that
conflicts with our rights in, or ownership of, any Dittozebra Mark.
7. You cannot use or apply to register any trademark that is
confusingly similar to any Dittozebra 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 Dittozebra mark in any jurisdiction.
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.
Affiliate Program IP
License (“License”)
This License governs your use of Program Content in connection
with your participation in the Affiliate 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 & conditions and solely for the
limited purposes of participation in the Affiliate 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 Dittozebra Marks we make
available to you as part of the Program Content, solely on your Site and in
accordance with the trademard guidelines, and (c) access and use PA API, Data
Feeds, and Product Advertising Content solely in accordance with the
Specifications and this License.
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 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 Dittozebra
Marks with respect to which the License is terminated or as we may otherwise
request from time to time.
2. 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 Affiliate
Program, Affiliate Links, link formats, Program Content, PA API, Data Feeds,
Product Advertising Content, any domain name owned or operated by us,
information and materials on Dittozebra or the Affiliates Site, our and our
affiliates’ trademarks and logos (including the Dittozebra Marks), and any
other intellectual property and technology that we provide or use in connection
with the Affiliates 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 Affiliate 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.