Qualifying Purchases and Qualifying Revenue
We will pay Standard Program Fees described in the registration page 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 a Ninja Shark 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 or (z) the customer clicks through a Special Link to a Ninja Shark Site that is not your Special Link (a “Session”), any of the following happens:
i. the customer purchases a Product via our Checkout 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 14 days after their initial click-through of the Special Link, or
(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, GST and discounts.
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.
Further, the following purchases that would otherwise be Qualified Purchases are disqualified and excluded from the Associates Program:
(a) any Product order where a cancellation, return, or refund has been initiated,
(b) any Product purchased by a customer who is referred to a Ninja Shark Site through any advertisement related to Google Search Ads;
(c) any Product purchase that is not correctly tracked or reported because the links from your site to the relevant Ninja Shark Site are not properly formatted (missing referral ID)
3. Standard Program Fees
Subject to the limitations described in this Fee Statement and compliance with our Agreement, we will pay you standard fees described on the registration page. Fees are calculated as a percentage of Qualifying Revenue.
4. Special Program Fees or Promotions
From time to time, we may run general special programs or promotions that may provide all or some Affiliates the opportunity to earn additional or alternative fees (“Special Program Fees”). For the avoidance of doubt (and notwithstanding any time period described in this section), Ninja Shark reserves the right to discontinue or modify all or part of any special program or promotion at any time. Unless stated otherwise, all such special programs or promotions (even those which do not involve purchases of Products) are subject to disqualifying exclusions substantially similar to those identified in Section 2 of this Fee Statement, and any restriction under the Program Documents applicable to a Product purchase will also apply on a substantially similar basis as restrictions for special programs or promotions.
5. Program Fee Limitations
From time to time, we may impose limits on Affiliate’ opportunity to earn Standard Program Fees or Special Program Fees. For the avoidance of doubt (and notwithstanding any time period), Ninja Shark reserves the right to discontinue or modify all or part of any limitation at any time.
6. Program Fee Reporting and Payment
We will use commercially reasonable efforts to accurately and comprehensively track Qualifying Purchases for the purposes of our internal tracking, and creating and distributing to you our reports summarising Standard Program Fees and Special Program Fees earned by you during that month.
We will pay Standard Program Fees and Special Program Fees in the default currency for a Ninja Shark Site approximately 30 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 a Ninja Shark Site. If you choose to do so, you agree that the conversion rate will be determined in accordance with Ninja Shark’s operating standards.
Option 1: Payment by PayPal. We will directly deposit the fees you earn into the PayPal account you designate once you have provided us in your profile account. By default we will deposit into the same currency the conversion has been made. AUD for Australia, USD for the U.S.A., GBP for U.K, CAD for Canada. Should you want to change the deposit currency, please contact us.
If you do not select or maintain valid information for a payment option, we may at our discretion pay you through another payment option or hold earned fees until you make your selection or provide such information.
Payment Minimum:
- currently we don't have any
Payments made to you, as reduced by all deductions or withholdings described in this Agreement, will constitute full payment and settlement to you of amounts payable under the Agreement.
If any excess payment has been made to you for any reason whatsoever, we reserve the right to adjust or offset the same against any subsequent fees payable to you under the Agreement.
Associates Program Participation Requirements (“Participation Requirements”)
Enrollment and Eligibility
To begin the enrollment process, you must submit a complete and accurate Affiliate 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 Ninja Shark or its affiliates, or a variant or misspelling of a trademark of Ninja Shark 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, 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 on our main website.
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 and traffic source, 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.
The Affiliate Program is free to join, and we provide resources on the Affiliate Site to help Affiliates 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 Ninja Shark 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 Affiliate 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 or traffic channels.
You must not make inaccurate, overbroad, deceptive or otherwise misleading claims about any Product, a Ninja Shark Site, or any of our policies, promotions, or prices. For example, if you include on your Site a link to a mask sold on a Ninja Shark Site, you may not state that you are linking to a pair of fins.
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 this 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),
(e) disclosing on your Site accurately and adequately, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including us and other advertisers) may serve content and advertisements, collect information directly from visitors, and place or recognize cookies on visitors’ browsers, and providing information on the visitor’s choices with respect to opting-out from online advertising where required by applicable law, and
(f) any use that you make of the Program Content, and the Ninja Shark Marks, without prior approval
4. Promotional Limitations You will not engage in any promotional through Google Search Ads. 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 Ninja Shark Mark)
5. Distribution of Special Links Through Software and Devices Except as agreed between you and us, you will not use any Program Content or Special Link, or otherwise link to a Ninja Shark 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:
(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 a Ninja Shark Site that is not formatted as a Special 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 a Ninja Shark 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 Ninja Shark Mark (as defined as Trademark Guidelines) or variations or misspellings of any of those words (e.g., “nijashark,” “ninjashak,” and “nnjashark,”) for use in any Google Search Ads . 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 “Ninja Shark” or any other trademark of Ninja Shark or its affiliates or variations or misspellings of any of these words or otherwise participate in keyword auctions on any Search Engine if the resulting paid search advertisement is a Prohibited Paid Search Placement. 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 swimming, diving, travelling, or unpaid search results), so long as you comply with this Agreement.
(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 any Ninja Shark Site (including any usernames or passwords of Ninja Shark Site customers).
(i) You will not modify, redirect, suppress, or substitute the operation of any button, link, or other feature of a Ninja Shark Site.
(j) You will not make any orders or engage in other transactions of any kind on a Ninja Shark Site 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, or as to the site on which any functions or transactions (for example, search, browse, or order) are occurring.
(l) 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.
(m) You will not frame a Ninja Shark 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.
(n) You will not post or serve any Special Links or other content promoting an Ninja Shark 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.
(o) You will not attempt to circumvent the Fee Statement or artificially increase your fees. For example, you cannot cause any page of a Ninja Shark Site to open in a customer’s browser other than as a result of the customer clicking on a Special Link on your Site.
(p) 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.
(r) You will not artificially generate clicks or impressions on your Site or create Sessions on a Ninja Shark Site, whether by way of a robot or software program or otherwise.
(s) You will not cloak, hide, spoof, or otherwise obscure the URL of your Site containing Special Links (excluding 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 a Ninja Shark Site.
Associates Program Trademark Guidelines (“Trademark Guidelines”)
These Guidelines apply to the use of the marks we may make available to you as part of Program Content (“Ninja Shark Marks”). Strict compliance with these Guidelines is required at all times, and any use of the Ninja Shark Marks in violation of these Guidelines will automatically terminate any license related to your use of the Ninja Shark Marks.
YOU ARE ALLOWED TO USE THE NINJA SHARK MARKS ONLY BY DISPLAY ON YOUR SITE WITH THE PURPOSE OF ADVERTISING AVAILABILITY OF PRODUCTS ON A NINJA SHARK SITE, WITH A CORRESPONDING SPECIAL LINK TO THAT SITE.
Your use of the Ninja Shark Marks must (i) comply with the most up-to-date version of these Guidelines; and (ii) comply with all Program Documents (as defined in the Fee Statement).
You may use the Ninja Shark Marks solely for the purpose specifically authorized under the Program Documents. You may not use or display the Marks (i) in any manner that implies sponsorship or endorsement by us; (ii) to disparage us, our products or services; (iii) in a way that may, at our discretion, diminish or otherwise damage our goodwill in the Ninja Shark 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).
We will supply an image or images of the Ninja Shark Marks for you to use. You may not alter any Ninja Shark Mark in any manner. For example, you cannot change the proportion, color, or font of any Ninja Shark Mark, or add or remove any elements from any Ninja Shark Mark.
Each Ninja Shark Mark must appear by itself, in its entirety, with reasonable spacing between each side of the Ninja Shark Mark and other visual, graphic, or textual elements. Under no circumstance can any Ninja Shark Mark be placed on any background that interferes with the readability or display of that Ninja Shark Mark.
All rights to the Ninja Shark Marks are our exclusive property, and all goodwill generated through your use of any Ninja Shark Mark will inure to our exclusive benefit. You will not take any action that conflicts with our rights in, or ownership of, any Ninja Shark Mark.
You cannot display or otherwise use any trademark or logo of any third party seller or vendor on a Ninja Shark Site in connection with any Special Link unless you have obtained from that seller or vendor specific written authorization to do so.
You cannot use or apply to register any trademark that is confusingly similar to any Ninja Shark 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 Ninja Shark mark in any jurisdiction.
We reserve the right to modify these Trademark Guidelines and the approved Ninja Shark Marks, at any time and in our sole discretion, by posting a change notice or revised Trademark Guidelines or approved Ninja Shark Marks on the Associates Site.
We reserve the right to take appropriate action against any use without permission or any use that does not conform to these Guidelines, at any time and in our sole discretion.
Associates Program IP License (“License”)
This License governs your use of Program Content in connection with your participation in the Associates Program.
By accepting the Agreement, or by accessing or using the Program Content, including the proprietary application programming interfaces and other tools (collectively, the “PA API”) that permit you to access and use certain types of data, images, text, and other information and content relating to Products (“Product Advertising Content”) which we may make available to you, you agree to be bound by this License.
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 Ninja Shark 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 this 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 a Ninja Shark 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 Ninja Shark Site (however, parts of your Site that are not closely associated with the Program Content may contain links to sites other than an Ninja Shark Site) and (b) link each use of the Program Content solely to the related Product detail page or other relevant page of an Ninja Shark 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 Ninja Shark Marks with respect to which the License is terminated or as we may otherwise request from time to time.
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 Ninja Shark Site or the Associates Site, our and our affiliates’ trademarks and logos (including the Ninja Shark 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).
We will pay Standard Program Fees described in the registration page 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 a Ninja Shark 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 or (z) the customer clicks through a Special Link to a Ninja Shark Site that is not your Special Link (a “Session”), any of the following happens: i. the customer purchases a Product via our Checkout 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 14 days after their initial click-through of the Special Link, or For each Qualifying Purchase, the corresponding “Qualifying Revenue” is equal to the amount we actually receive from that Qualifying Purchase, less any shipping charges, GST and discounts. 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. Further, the following purchases that would otherwise be Qualified Purchases are disqualified and excluded from the Associates Program: (a) any Product order where a cancellation, return, or refund has been initiated, (b) any Product purchased by a customer who is referred to a Ninja Shark Site through any advertisement related to Google Search Ads; (c) any Product purchase that is not correctly tracked or reported because the links from your site to the relevant Ninja Shark Site are not properly formatted (missing referral ID) 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 summarising Standard Program Fees and Special Program Fees earned by you during that month. We will pay Standard Program Fees and Special Program Fees in the default currency for a Ninja Shark Site approximately 30 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 a Ninja Shark Site. If you choose to do so, you agree that the conversion rate will be determined in accordance with Ninja Shark’s operating standards. Option 1: Payment by PayPal. We will directly deposit the fees you earn into the PayPal account you designate once you have provided us in your profile account. By default we will deposit into the same currency the conversion has been made. AUD for Australia, USD for the U.S.A., GBP for U.K, CAD for Canada. Should you want to change the deposit currency, please contact us. If you do not select or maintain valid information for a payment option, we may at our discretion pay you through another payment option or hold earned fees until you make your selection or provide such information. Payment Minimum: - currently we don't have any Payments made to you, as reduced by all deductions or withholdings described in this Agreement, will constitute full payment and settlement to you of amounts payable under the Agreement. If any excess payment has been made to you for any reason whatsoever, we reserve the right to adjust or offset the same against any subsequent fees payable to you under the Agreement. Associates Program Participation Requirements (“Participation Requirements”) To begin the enrollment process, you must submit a complete and accurate Affiliate 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 Ninja Shark or its affiliates, or a variant or misspelling of a trademark of Ninja Shark 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, 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 on our main website. 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 and traffic source, 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. The Affiliate Program is free to join, and we provide resources on the Affiliate Site to help Affiliates 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 Ninja Shark name) reaches out to offer you costly services. (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 Affiliate 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 or traffic channels. You must not make inaccurate, overbroad, deceptive or otherwise misleading claims about any Product, a Ninja Shark Site, or any of our policies, promotions, or prices. For example, if you include on your Site a link to a mask sold on a Ninja Shark Site, you may not state that you are linking to a pair of fins. 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 this 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), (e) disclosing on your Site accurately and adequately, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including us and other advertisers) may serve content and advertisements, collect information directly from visitors, and place or recognize cookies on visitors’ browsers, and providing information on the visitor’s choices with respect to opting-out from online advertising where required by applicable law, and (f) any use that you make of the Program Content, and the Ninja Shark Marks, without prior approval (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 a Ninja Shark Site that is not formatted as a Special 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 a Ninja Shark 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 Ninja Shark Mark (as defined as Trademark Guidelines) or variations or misspellings of any of those words (e.g., “nijashark,” “ninjashak,” and “nnjashark,”) for use in any Google Search Ads . 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 “Ninja Shark” or any other trademark of Ninja Shark or its affiliates or variations or misspellings of any of these words or otherwise participate in keyword auctions on any Search Engine if the resulting paid search advertisement is a Prohibited Paid Search Placement. 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 swimming, diving, travelling, or unpaid search results), so long as you comply with this Agreement. (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 any Ninja Shark Site (including any usernames or passwords of Ninja Shark Site customers). (i) You will not modify, redirect, suppress, or substitute the operation of any button, link, or other feature of a Ninja Shark Site. (j) You will not make any orders or engage in other transactions of any kind on a Ninja Shark Site 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, or as to the site on which any functions or transactions (for example, search, browse, or order) are occurring. (l) 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. (m) You will not frame a Ninja Shark 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. (n) You will not post or serve any Special Links or other content promoting an Ninja Shark 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. (o) You will not attempt to circumvent the Fee Statement or artificially increase your fees. For example, you cannot cause any page of a Ninja Shark Site to open in a customer’s browser other than as a result of the customer clicking on a Special Link on your Site. (p) 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. (r) You will not artificially generate clicks or impressions on your Site or create Sessions on a Ninja Shark Site, whether by way of a robot or software program or otherwise. (s) You will not cloak, hide, spoof, or otherwise obscure the URL of your Site containing Special Links (excluding 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 a Ninja Shark Site. Associates Program Trademark Guidelines (“Trademark Guidelines”) These Guidelines apply to the use of the marks we may make available to you as part of Program Content (“Ninja Shark Marks”). Strict compliance with these Guidelines is required at all times, and any use of the Ninja Shark Marks in violation of these Guidelines will automatically terminate any license related to your use of the Ninja Shark Marks. We reserve the right to modify these Trademark Guidelines and the approved Ninja Shark Marks, at any time and in our sole discretion, by posting a change notice or revised Trademark Guidelines or approved Ninja Shark Marks on the Associates Site. We reserve the right to take appropriate action against any use without permission or any use that does not conform to these Guidelines, at any time and in our sole discretion. Associates Program IP License (“License”) This License governs your use of Program Content in connection with your participation in the Associates Program. By accepting the Agreement, or by accessing or using the Program Content, including the proprietary application programming interfaces and other tools (collectively, the “PA API”) that permit you to access and use certain types of data, images, text, and other information and content relating to Products (“Product Advertising Content”) which we may make available to you, you agree to be bound by this License. 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 Ninja Shark 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 this 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 a Ninja Shark 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 Ninja Shark Site (however, parts of your Site that are not closely associated with the Program Content may contain links to sites other than an Ninja Shark Site) and (b) link each use of the Program Content solely to the related Product detail page or other relevant page of an Ninja Shark 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 Ninja Shark Marks with respect to which the License is terminated or as we may otherwise request from time to time. 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 Ninja Shark Site or the Associates Site, our and our affiliates’ trademarks and logos (including the Ninja Shark 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. Ninja Shark Influencer Program Policy (“Influencer Program Policy”) The Ninja Shark “Influencer Program” is a country specific program that is available in select countries. You may earn fees by acting as a social media presence facilitating customer purchases as part of the Influencer Program in connection with your participation in the Associates Program. In order to participate in the Influencer Program, an eligible Associate (“Influencer”) must meet Ninja Shark qualitative and quantitative thresholds, complete the registration process, and comply with the applicable provisions of the Agreement, including this Influencer Program Policy. (a) Registration Information. To register as an Influencer, you must complete all information requirements, including granting requests to access data regarding your social media presences. (b) Influencer Page. This Influencer Program may include an Ninja Shark Site influencer page registered through Ninja Shark and assigned to you (“Influencer Page”). With respect to Special Links that direct customers to your Influencer Page, the related Session will be measured as beginning when our customer clicks through to your Influencer Page. The Influencer Page is a “Service Offering” for all purposes under the Agreement. With respect to any text, pictures, compilations, lists, comments or other data or content you submit to Ninja Shark in connection with the Influencer Program (“Influencer Content”), you will not submit such Influencer Content if it violates any standard included. (c) Marketing. Solely with respect to the 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 Ninja Shark 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 Influencer Program. Ninja Shark may revoke the offline marketing permissions granted in this Section 1 at any time in its sole discretion by providing written notice to you. (a) Reservation of Rights. We reserve all right, title and interest (including all intellectual property and proprietary rights) in and to, and you do not, by virtue of the Agreement or otherwise, acquire any ownership interest or rights in or to, the Influencer Page, the Influencer Page URL or information and materials on the Influencer Page. You will not take any action that conflicts with our rights in, or ownership of, the Influencer Page. Ninja Shark reserves all rights to determine the content, appearance, functionality, URL, and all other aspects of the Influencer Page, including through the display of (i) advertising materials on the Influencer Page, without compensation to Influencer, and (ii) disclosure (by text, link, icon, or otherwise) regarding Influencer’s participation in the Influencer Program. (b) Consent. By accepting this Influencer Program Policy, you hereby grant to Ninja Shark a non-exclusive, irrevocable, worldwide, fully paid-up, royalty-free and perpetual license for the maximum duration of protection available under applicable law in all languages to use, copy, reproduce, adapt, distribute, transmit and display your name, photo, logo and other trademarks or materials provided to Ninja Shark in connection with the Influencer Program, including through linkage to your Ninja Shark public profile (“Influencer Marks”); provided however, that Ninja Shark will not alter any Influencer Marks from the form provided by Influencer (except to re-format or re-size within the Influencer Page, so long as the relative presentation of the Influencer Marks remains the same). (c) Influencer Content and Site. For avoidance of doubt, you acknowledge that Influencer Content you submit will be subject to the provisions of the Conditions of Use on the relevant Ninja Shark Site relating to posting content or submitting material and that your Site is subject to the requirements of Section 3(b) of the Participation Requirements relating to compliance with all applicable laws (for example, if applicable, the US FTC Guides Concerning Use of Endorsement and Testimonials in Advertising). (d) Indemnification. WE WILL HAVE NO LIABILITY FOR ANY MATTER DIRECTLY OR INDIRECTLY RELATING TO THE CREATION, MAINTENANCE, OR OPERATION OF THE INFLUENCER PAGE, AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES, HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) RELATING TO ANY CONTENT WITHIN THE INFLUENCER PAGE PROVIDED BY YOU.
Terms & Conditions
(c) the Product is shipped to and paid for by the customer.
2. Disqualified Purchases
3. Standard Program Fees
Subject to the limitations described in this Fee Statement and compliance with our Agreement, we will pay you standard fees described on the registration page. Fees are calculated as a percentage of Qualifying Revenue.
4. Special Program Fees or Promotions
From time to time, we may run general special programs or promotions that may provide all or some Affiliates the opportunity to earn additional or alternative fees (“Special Program Fees”). For the avoidance of doubt (and notwithstanding any time period described in this section), Ninja Shark reserves the right to discontinue or modify all or part of any special program or promotion at any time. Unless stated otherwise, all such special programs or promotions (even those which do not involve purchases of Products) are subject to disqualifying exclusions substantially similar to those identified in Section 2 of this Fee Statement, and any restriction under the Program Documents applicable to a Product purchase will also apply on a substantially similar basis as restrictions for special programs or promotions.
5. Program Fee Limitations
From time to time, we may impose limits on Affiliate’ opportunity to earn Standard Program Fees or Special Program Fees. For the avoidance of doubt (and notwithstanding any time period), Ninja Shark reserves the right to discontinue or modify all or part of any limitation at any time.
6. Program Fee Reporting and Payment
2. Links on Your Site
3. Responsibility for Your Site
4. Promotional Limitations You will not engage in any promotional through Google Search Ads. 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 Ninja Shark Mark)
5. Distribution of Special Links Through Software and Devices Except as agreed between you and us, you will not use any Program Content or Special Link, or otherwise link to a Ninja Shark 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: