Please read our affiliate terms and conditions carefully before you join our Program or begin marketing our Program. These terms and conditions are written in plain language, intentionally avoiding “legalese” where possible, to ensure that they may be clearly understood and followed by affiliates. Each Affiliate is responsible for assuring that its employees, agents and contractors comply with these terms and conditions. Affiliate terms and conditions are subject to change. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the ShareASale Affiliate Network. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. Thank you.
As used in these terms and conditions: (i) “affiliate” or “Affiliate” means an individual or entity enrolling in the Program to market certain products on behalf of Craftsy for a commission through Craftsy’s third-party affiliate network platform (www.ShareASale.com) (ii) “we”, “us”, or “our” refers to Craftsy and Our Website; (iii) “you” or “your” refers to the Affiliate; (iv) “Our Website” refers to the Craftsy properties located at www.Craftsy.com; (v) “Your Website” refers to any websites that you will link to Our Website; (vi) “Program” refers to the Craftsy Affiliate Program, of which these terms and conditions are a part and (vii) “sub-affiliate network” refers to a parent affiliate that has sub-affiliates operating underneath them (viii) “sub-affiliates” refers to affiliates who refer visits and sales to the Craftsy’s website through a parent affiliate.
After receiving your application, we will review Your Website and notify you of your acceptance into or rejection from our Program. Please include in your application all of the websites that you currently use or plan to use in your profile. Including a list of all websites in your profile is required for approval and will help us to make a better decision. Please allow up to 48 hours for your application to be reviewed. If you add a website to your profile after the initial approval, please provide written notification to Craftsy. We reserve the right to reject any application if we determine (at our sole discretion) that your site is unsuitable for the Program. Unsuitable sites may include, but are not limited to, sites that: contain content that is not appropriate, are unrelated or not highly relevant to the Craftsy audience; or are primarily a link or banner farm that contains little to no content.
However, we encourage you to contact us if you reasonably believe that we have made an incorrect decision with a clear explanation as to why your site is appropriate or relevant to the Craftsy audience. You should also note that if we approve your application and your site is determined thereafter (in our sole discretion) to be unsuitable for the Program, we may terminate your participation without notice and any current commissions accrued may be voided.
You, your participating website(s) and/or social media entities may not:
- Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights.
- Violate any law, rule or regulation.
- Promote or contain any content that (i) promotes illegal activities, discrimination, or violence, (ii) contains nudity, pornography, or sexually explicit materials or (iii) is threatening, harassing, defamatory, obscene or harmful to minors (in each case, as reasonably determined by Craftsy in Craftsy’s sole discretion). By participating in the program you agree that you will not engage in any such activities.
- Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
- Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. This prohibition includes, without limitation, toolbars, browser plug-ins, extensions and/or add-ons that enable such intercepts, diversions, redirections, and the like.
- Incentivize or reward anyone for clicking your affiliate links or taking action on Our Site that results in a commission being reward to you as an affiliate.
CRAFTSY INSTRUCTOR RESTRICTIONS
Craftsy instructors are not allowed to be ShareASale affiliates unless given express written permission by Craftsy.
LINKING TO OUR WEBSITE
Upon acceptance into the Program, links will be made available to you through the affiliate interface. Your acceptance in our Program means you agree to abide by the following.
- You will only use linking code obtained from the affiliate interface without manipulation.
- All domains that use your affiliate link must be listed in your affiliate profile.
- Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is Our Website or any part of Our Website including, without limitation, framing of our Website in any manner.
- You may not engage in cookie stuffing, include pop-ups, or place false or misleading links on Your Website. In addition, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
- Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.
- We will not be liable to you with respect to any failure by you to use tracking links.
- You acknowledge that, by participating in the Program and placing any of the tracking links on your site, we may receive information from or about visitors to your site.
If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using “out” redirects from the same domain where the affiliate link is placed.
If you are enrolled in our Program and participate in pay-per-click “PPC” advertising, you must adhere to our PPC guidelines as follows:
- You may not bid on any of our trademarked terms (which are identified below), including any variations or misspellings thereof for search or content-based campaigns on Google, Bing, Facebook or any other network.
- You may not use our trademarked terms in sequence with any other keyword (e.g. Craftsy Coupons).
- You may not use our trademarked terms in your ad title, ad copy, display name or as the display URL.
- You may not direct links to Our Website from any Pay Per Click ad or use redirects that yield the same result. Affiliate links must be directed to an actual page on Your Website.
- You may not bid in any manner appearing higher than Craftsy for any search term in position 1-5 in any auction style pay-per-click advertising program.
- If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your program and we strongly suggest you add our trademarked terms as negative keywords. We have a strict no tolerance policy on PPC trademark bidding. You will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning if you engage in PPC trademark bidding that uses our trademarked terms.
Trademarked Terms: Craftsy, Craftsy.com, www.Craftsy.com
If you are enrolled in our Program and Your Website promotes coupon codes, you must adhere to our coupon guidelines (“Coupon Guidelines”) as follows:
- You may ONLY advertise coupon codes that are provided to you through the affiliate program or network or that are displayed on Our Website(s).
- Posting any information about how to work around the requirements of a coupon/promotion (e.g. first time customers only) will result in removal from the Program.
- Coupons must be displayed in their entirety with the full offer, valid expiration date and time and code.
- You may NOT use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s).
- You may NOT advertise coupon codes obtained from any non-affiliate marketing channel, including coupon codes from our email, paid search or any other non-affiliate advertising campaigns.
- You may NOT give the appearance that any ongoing offer requires clicking from Your Website in order to redeem. For example, if all items on the site have free shipping over $100, you may not turn this into an offer that infers that the customer must click from your site to get this deal.
- You may NOT present a button that claims to show all offers that sets the affiliate cookie in the background.
- You may NOT display codes that do not exist in order to generate a click.
- You may NOT use technology that generates a click or sets the cookie from the action of copying a coupon code or through a pop under.
Should you violate any of the coupon guidelines set forth above, your current and past commissions may be voided and/or your commission level may be set to 0%.
Additionally, if your website ranks on the first page of Google for terms related to our website or company name(s) combined with the words coupon, coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders. The current rate is 2%.
Promoting Craftsy through a sub-affiliate network is permitted, however you must be completely transparent with regards to where traffic from your sub-affiliates originated. Sub-affiliate networks must ensure that all sub-affiliates promoting the Craftsy Program adhere to our Program terms and conditions as if they were an Affiliate thereunder. This includes, without limitation, restrictions on advertising through toolbars, browser extensions, and through any paid placements such as pay-per-click campaigns. Sub-affiliate networks must also contact Craftsy at the time of application to disclose any coupon sub-affiliates that might promote the Craftsy Program. If coupon sub-affiliates are added to the sub-affiliate network after the sub-affiliate network’s acceptance to the program, the sub-affiliate network must provide written notice to Craftsy at the time the sub-affiliate is added. Craftsy reserves the right to revoke program membership if any coupon sub-affiliate site does not follow our Coupon Guidelines.
Failure to comply with our sub-affiliate network terms may result in a revoked Program membership for the parent affiliate (and any (or all) sub-affiliates) and
a loss and/or reduction of commission from sales made through any sub-affiliate that does not comply with our Program terms.
Use of any of our trademarked terms as part of the domain or sub-domain for Your Website (e.g. Craftsy.website.com or www.Craftsy-coupons.com) is strictly prohibited.
ADVERTISING & PUBLICITY
You shall not create, publish, distribute, or print any written material that makes reference to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via email campaigns, you must adhere to the following:
- Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
- Email must be sent on your behalf and must not imply that the email is being sent on behalf of Craftsy.
- Email must adhere to our Program terms and remain consistent with the Craftsy brand.
Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:
- You ARE allowed to promote offers to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Twitter, etc. pages. For example, you may post: “25% off sale at Craftsy through Wednesday with link XYZ.”
- You ARE PROHIBITED from posting your affiliate links on Craftsy’s social media sites (including without limitation Craftsy’s Facebook, Twitter, or Pinterest company pages, or any Craftsy administered social pages (e.g. the “Sewing Club” Facebook page)) in an attempt to turn those links into affiliate sales.
- You ARE PROHIBITED from using Craftsy’s trademarked company name or any variation as a targeted “Interest” or keyword in ads purchased on Facebook.
- You ARE PROHIBITED from creating a social media account that includes Craftsy’s trademark in the page name and/or username.
OPERATIONS OUTSIDE UNITED STATES
If you are conducting business in or taking orders from persons in other countries, you will follow the laws of those countries. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive if you are conducting business in or taking orders from persons in one or more of the European Union countries.
REVERSAL & COMMUNICATION POLICY
We reserve the right to reverse commissions due to order cancellations, duplicate tracking, pixel errors, returns, disputed charges, high numbers of transactions originating from countries where English is not the dominant language, and Program violations as outlined in these terms and conditions. We also reserve the right to reverse commissions if we find suspicious transactions that we determine are likely to be fraudulent rather than genuine transactions by individuals likely to be part of the Craftsy audience.
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.
If any of the above applies, then we reserve the absolute right to reverse orders, to set your commission to 0% and/or to suspend you from the Program for the period or orders in question. We know that many violations are a result of automated processes; however it is incumbent upon each Affiliate to ensure that it has the appropriate checks and balances in place to pro-actively address these issues and adhere to our Program rules.
- You are not forthcoming, intentionally vague, commit fraud, or are found to be lying.
- You are not responsive within a reasonable time period and after multiple attempts to contact you with information listed in your network profile.
- You cannot substantiate or validate the source of your traffic to our Program with clear and demonstrable proof.
FTC DISCLOSURE REQUIREMENTS
You shall include a disclosure statement within any and all pages, blog posts, social media posts and emails where affiliate links for our affiliate Program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or from the affiliate management team for review, this also must be clearly stated in your disclosure.
For more information about FTC disclosure requirements, please review the FTC’s “Dot Com Disclosures” Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf; and the FTC’s Endorsement Guidelines at: https://www.ftc.gov/tips-advice/business-center/advertising-and-marketing/endorsementsPROHIBITION AGAINST SOLICITATION FOR RESIDENT AFFILIATES IN SELECT STATES
- Disclosures must be made in as close proximity as possible to the claims.
- Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g. Disclosure should be visible before the jump).
- Pop-up disclosures are prohibited.
As a condition of its participation in the Craftsy Affiliate Program, Affiliate agrees that its solicitation activities on behalf of Craftsy within Arkansas, California, Connecticut, Georgia, Illinois, Kansas, Maine, Michigan, Missouri, Minnesota, New York, New Jersey, North Carolina, Pennsylvania, Rhode Island and Vermont (hereinafter “these states”) shall be limited to only providing a link to digital products from Affiliate’s website to Craftsy’s own website. Affiliates in these states are not authorized to promote or sell any tangible products which must be physically shipped to the consumer. Affiliate acknowledges that under current law in these states, further solicitation and promotional activities by Affiliate may render Craftsy liable for collecting sales tax on all sales to customers in these states. Therefore, as a condition of participation in the Craftsy Affiliate Program, Affiliate is prohibited from engaging in any solicitation activities in these states intended to refer potential customers to Craftsy, including but not limited to: (i) distributing flyers, coupons, newsletters and other printed materials, or electronic equivalents of such materials; (ii) engaging in verbal solicitation, including in-person referrals or initiating telephone calls; and (iii) sending emails intended to refer customers to Craftsy. Proof of compliance must be sent to Craftsy on an annual basis (by May 31 of each year) or Affiliate may be removed from the Program. Affiliate further acknowledges that state tax laws are subject to change at any time and such changes may render Affiliates in certain states ineligible for continued participation in Craftsy’s Affiliate Program. Craftsy reserves the right to remove any Affiliate from the Craftsy Affiliate Program at any time for any reason.
The proceeding paragraph only applies to Affiliates that constitute organizations, clubs and nonprofit groups. Affiliate shall maintain prominently on its website information alerting its members to the prohibition against solicitation activities in these states as described above.
SEVERABILITY AND WAIVER
If one or more provisions of these terms and conditions are held to be unenforceable under applicable law, then (i) such provision(s) shall be excluded from these terms and conditions, (ii) the balance of these terms and conditions shall be interpreted as if such provision(s) were so excluded and (iii) the balance of these terms and conditions shall be enforceable in accordance with their terms. The failure of Craftsy to exercise any of its rights under these terms and conditions shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach.
These terms and conditions shall be governed by, construed and enforced in accordance with the laws of the State of Delaware. Any dispute arising out of or relating to these terms and conditions will be subject to the exclusive jurisdiction of the state and federal courts located in the County of Denver, State of Colorado. By you applying to and/or joining the Program (and becoming an Affiliate thereunder), you submit to the exclusive jurisdiction of such courts.
© 2015 Craftsy and Sympoz Inc.