Associates Operating Agreement - What's Changed
Here are some of the most important updates we will make to the Amazon Associates Program Operating Agreement and Program Policies effective February 1, 2021:
- Changed Disqualified Purchases to include pre-release and pre-order Products that are not available on a Product listing page.
- Added a new Product Category to the Commission Income Statement: Digital Videos with a 2% Commission Income Rate.
- Updated the Amazon Influencer Policy to account for Amazon’s use of, and payment for, Influencer Content beyond the Influencer Page. A full copy of the updated Policy follows.
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; 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, 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) Consent. 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 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.