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 product (as determined in our sole discretion; for example, an Amazon software download or items sold under the name “Amazon Music,” “Amazon Shorts”, “eDocs”, “Amazon Prime Video”, “Game Downloads”, “Amazon Coin”, “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, credits, 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”),
|Location||Non-Exhaustive Trademark List|
|United Arab Emirates||https://www.amazon.ae/gp/help/customer/display.html?nodeId=201909280|
(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, and
(i) any Product purchased as a subscription unless otherwise provided in the Agreement.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. Program Fee Limitations
From time to time, we may impose limits on Associates’ opportunity to earn Standard 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”).5. 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 earned by you during that month.
We will pay Standard 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). We reserve the right to hold fees until the total amount due to you reaches the minimum payment threshold of 35 Dirham (“Minimum Payment”).
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 Payment for payment by gift card. Further, any unpaid accrued fees in your account may be subject to escheatment under applicable law or become extinct by applicable statute of limitation.
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.
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 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.
(v) 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.
(w) 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.
(x) Unless otherwise agreed by Amazon, your Site must not have price tracking and/or price alerting functionality.
(y) 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.
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. 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 Participation Requirements 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 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.
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