ATVN Affiliate Program Linking Requirements

This page describes general terms applicable to all types of links (including widgets) you may place on your site to send traffic to the Amazon Site. It also includes special terms applicable to certain link types that we may make available to you through the Program. From time to time, we may modify the linking requirements described on this page, or the types of widgets and other links that we make available to you, in accordance with the Operating Agreement. All capitalized terms used below that are not defined on this page have the meanings given to them in the Operating Agreement.

General Requirements Applicable to All Links.

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 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 customers 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 the 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 links) from your site at any time without our approval. However, you may not use links to link to the Amazon Site from references to products on your site that are not “Products” as defined in the Operating Agreement. You must remove from your site any links and related references to limited time promotions on or before the expiration date of that promotion. For example, if you include links to Products in the apparel category of the Amazon Site and mention that there is 15% off select products in Amazon’s apparel category, you must immediately remove the mention of the 15% discount from your site on or before the expiration date of that promotion.

You must not make inaccurate, overbroad, deceptive or otherwise misleading claims about any Product, the Amazon Site, or any of our policies, promotions or prices. For example, if you include on your site a link to a 20 GB MP3 player sold on the Amazon Site, you may not state that the MP3 player has 30 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 the Product Advertising API and you comply with the requirements set forth in the License Agreementthat are applicable to that data. 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 the 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. You may not otherwise include price information on your site.

ATVN Affiliate Program Participation Requirements    Register for our Affiliate Program

This Associates Program Participation Requirements page is part of the Affiliate Agreement that governs your participation in the ActiveTVNetworks Services LLC Associates Program. This page describes requirements and restrictions applicable to you as a Program participant. From time to time, we may modify the participation requirements described on this page in accordance with the Affiliate Agreement. All capitalized terms used below that are not defined on this page have the meanings given to them in the Operating Agreement. 

1. You will ensure that your site is not unsuitable (as described in Section 2 of the Operating Agreement).

2. You will not display or otherwise use our or our affiliates’ trademarks or logos (including any ActiveTVNetworks Mark) except solely as expressly permitted under and in accordance with the Operating Agreement.

3. You will not display or otherwise use any trademark or logo of any third party seller on the ActiveTVNetworks Site in connection with any Special Link unless you have obtained from that seller the specific right to do so.

4. You will not remove, obscure, or alter, or make invisible, illegible, or indecipherable to visitors of your site, any “Privacy Information” link or any of our or our affiliates’ trademarks or logos (including any ActiveTVNetworks Mark) that we include in a Special Link.

5. You will use Content solely in accordance with the terms of the Operating Agreement and within the express scope of the license granted in Section 11 of the Operating Agreement. Without limiting the foregoing, you will (a) use Content solely to send end users and sales to the ActiveTVNetworks Site and will not link any Content to, or in conjunction with any Content direct traffic to, any page of a site other than the ActiveTVNetworks Site (however, parts of your site that are not closely associated with the Content may contain links to sites other than the ActiveTVNetworks Site); and (b) link each use of the Content solely to the related Product detail page or other relevant page of the ActiveTVNetworks Site and not to any other page.

6. You will not engage in any promotional, marketing, or other advertising activities on behalf of us or our affiliates, or in connection with the ActiveTVNetworks Site or the Program, that are not expressly permitted under the Operating Agreement.  For example, 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 ActiveTVNetworks Mark), any Content, or any Special Link in connection with an offline promotion or in any other offline manner (e.g., in any printed material, mailing, email or attachment to email, or other document, or any oral solicitation).  Upon our request, you will provide us with written certification that you have complied with this Section 6.  We will specify the form of, and content required in, that certification in our request.  Any failure by you to provide the certification in accordance with our request will constitute a material breach of this Operating Agreement.

7. You will not, without our express prior written approval, use any Content or Special Link, or otherwise link to the ActiveTVNetworks Site, on or in connection with any site or application designed or intended for use with a mobile phone or other handheld device.

8. You will not add to, delete from, or otherwise alter any Content in any way, including by adding additional information (e.g., you may not insert words into a customer review), except that you may resize Content consisting of a graphic image in a manner that maintains the original proportions of the image or truncate 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.

9. You will not sell, resell, redistribute, sublicense, or transfer any Content or any application that uses, incorporates, or displays any Content. For example, you will not use, or enable or facilitate the use of, 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 Content to any other person or entity, nor will you create links formatted with your Associate’s tag for, or display such links on, a site that is not your site. 

10. You will promptly remove from your site and delete or otherwise destroy any Content that is no longer displayed on the ActiveTVNetworks Site or that we notify you is no longer available for your use.

11. You will not use any Content, including any name or likeness embodied in that 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 Content).

12. You will not seek to purchase or register any properietary term for use in any search engine; purchase, register, or otherwise use any Proprietary Term as or in a domain or subdomain name; or register or use any Proprietary Term as or in any Associates ID or “tag.” 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 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.

13. You will not bid on or purchase keywords, search terms, or other identifiers (including Proprietary Terms) 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 natural, free, organic, or unpaid search results), so long as you comply with the Operating Agreement and those paid or unpaid search results send users to your site and not directly or indirectly, via a Redirecting Link, to the ActiveTVNetworks Site.

14. You will not offer any person or entity any consideration or incentive (including any money, rebate, discount, points, donation to charity or other organization, or other benefit) for using Special Links (e.g., by implementing any “rewards” or loyalty program that incentivizes persons or entities to visit the ActiveTVNetworks Site via your Special Links).

15. 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.

16. You will not request, collect, obtain, store, cache, or otherwise use any account information used by our customers in connection with any ActiveTVNetworks Site (including any usernames or passwords of ActiveTVNetworks Site customers).

17. You will not modify, redirect, suppress, or substitute the operation of any button, link, or other feature of the ActiveTVNetworks Site.

18. You will not make any orders or engage in other transactions of any kind on the ActiveTVNetworks Site on behalf of any other person or entity, or authorize, assist, or encourage any other person or entity to do so.

19. You will not use Special Links to link to the ActiveTVNetworks Site from references to items on your site that are not Products.

20. 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 (e.g., search, browse, or order) are occurring.

21. You will not include on your site, display, or otherwise use Special Links or 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.

22. You will not frame the ActiveTVNetworks Site, or any part of it, within your site. However, displaying a Special Link on your site in accordance with the Operating Agreement will not be considered framing the ActiveTVNetworks Site.

23. You will not post or serve any Special Links or other content promoting the ActiveTVNetworks Site within any pop-up or pop-under windows, transitional page ads, or layer ads around or in conjunction with the display of any site that is not your site.

24. You will not include any Special Links in any content that you place on the ActiveTVNetworks Site (for example, in connection with any advertising service available through the ActiveTVNetworks Site or in a customer review, forum, listmania, guide, or any other customer-generated context available on the ActiveTVNetworks Site).

25. You will not attempt to circumvent the Associates Program Advertising Fee Schedule or artificially increase your advertising fees (e.g., by intentionally featuring, purchasing, or requesting or encouraging any other person or entity to purchase, low-price items offered on the ActiveTVNetworks Site (as determined by us) for the purpose of exceeding any advertising fee threshold, or by causing any page of the ActiveTVNetworks Site to open in a customer’s browser other than as a result of the customer clicking on a Special Link on your site).

26. You will not attempt to intercept or redirect (including via software installed on users’ computers) traffic from or on, or divert advertising fees from, any site that participates in the Program.

27. You will not artificially generate clicks or impressions on your site or create Sessions on the ActiveTVNetworks Site, whether by way of a robot or software program or otherwise.

ATVN Affiliate Program Agreement    Register for our Affiliate Program Updated:  June 5 2010.

This Affiliate Program Agreement (“Affiliate Agreement”) contains the terms and conditions that govern your participation in the Madcap Media Inc. / Active TV Networks Affiliate Program (the “Program”). “We,” “us,” or “our” means Madcap Services or any of its affiliate companies (including Active TV Networks), as the case may be. “You” or “your” means the applicant. A “site” means a website. “ATVN Site” means either the activeTVnetworks.com site, as applicable. “Your site” means any site(s) and any software application(s) that you link to the ATVN Site.

BY CHECKING THE BOX INDICATING THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THIS Affiliate Agreement, OR BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE, REVISED Affiliate Agreement, OR REVISED OPERATIONAL DOCUMENTATION ON THE ActiveTVNetworks.COM SITE, YOU (A) AGREE TO BE BOUND BY THIS Affiliate Agreement; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS Affiliate Agreement; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS Affiliate Agreement, INCLUDING THE ASSOCIATES PROGRAM PARTICIPATION REQUIREMENTS. IN ADDITION, IF THIS Affiliate Agreement IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS Affiliate Agreement ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS Affiliate Agreement.

1. Description of the Program

2. Enrollment

If we reject your application, you are welcome to reapply at any time. However, if we accept your application and we later determine that your site is unsuitable, we may terminate this Affiliate Agreement.

You will ensure that the information in your Program application and otherwise associated with your account, including your email address and 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 Program and this Affiliate 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.

3. Links on Your Site

You may earn advertising fees only as described in Section 7 and only with respect to activity on the ATVN Site occurring directly through Special Links. We will have no obligation to pay you advertising fees if you fail to properly format the links on your site to the ATVN Site as Special Links, including to the extent that such failure may result in any reduction of advertising fee amounts that would otherwise be paid to you under this Affiliate Agreement.

4. Program Requirements

You will provide us with any information that we request to verify your compliance with this Affiliate Agreement. If we determine that you have not complied with any requirement or restriction described on the Associates Program Participation Requirements page or that you have otherwise violated this Affiliate Agreement, we may (in addition to any other rights or remedies available to us) withhold any advertising fees payable to you under this Affiliate Agreement, terminate this Affiliate Agreement, or both.

In addition, you hereby consent to us:

• sending you emails relating to the Program from time to time;
• monitoring, recording, using, and disclosing information about your site and visitors to your site that we obtain in connection with your display of Special Links (e.g., that a particular ATVN customer clicked through a Special Link from your site before buying a Product on the ATVN Site) in accordance with the our Terms Of Use; and
• monitoring, crawling, and otherwise investigating your site to verify compliance with this Affiliate Agreement.

5. Responsibility for Your Site

• the technical operation of your site and all related equipment;
• displaying Special Links and Content on your site in compliance with this Affiliate Agreement 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);
• 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);
• using the 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);
• 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
• any use that you make of the Content and the ActiveTVNetworks Marks, whether or not permitted under this Affiliate Agreement.

We will have no liability for these matters or for any of your end users’ claims relating to these matters, 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 (a) your site or any materials that appear on your site, including the combination of your site or those materials with other applications, content, or processes; (b) the use, development, design, manufacture, production, advertising, promotion, or marketing of your site or any materials that appear on or within your site, and all other matters described in this Section 5; (c) your use of any Content, whether or not such use is authorized by or violates this Affiliate Agreement or violates applicable law; (d) your violation of any term or condition of this Affiliate Agreement; or (e) your or your employees' negligence or willful misconduct.

6. Order Processing

7. Advertising Fees

A “Session” begins when a customer clicks through a Special Link on your site to the ATVN Site and ends upon the first to occur of the following: (x) 24 hours elapses from the customer’s initial click-through; (y) the customer places an order for a Digital Product; or (z) the customer follows a link to the ATVN Site that is formatted with an Associate’s tag that is not assigned to you.

Qualifying Purchases exclude, and we will not pay commission fees on any of, the following:

• any Product that, after expiration of the applicable Session, is added to a customer’s Shopping Cart , even if the customer previously followed a Special Link from your site to the ATVN Site;
• any Product purchase that is not correctly tracked or reported because the links from your site to the ATVN Site are not properly formatted;
• any Product purchased through a Special Link by you or on your behalf, including Products you purchase through Special Links for yourself, friends, relatives, or associates (e.g., personal orders, orders for your own use, and orders placed by you for or on behalf of any other person or entity);
• any Product purchased for resale or commercial use of any kind;
• any Product purchased after termination of this Affiliate Agreement;
• any Product order that is canceled or returned; and
• any Product purchased by a customer who is referred to the ATVN Site through any of the following:
• a Prohibited Paid Search Placement; or
• a link to the ATVN Site, including a Redirecting Link, that is generated or displayed on a Search Engine in response to a general Internet search query or keyword (i.e., in natural, free, organic, or unpaid search results), whether those links appear through your submission of data to that site or otherwise.

“Prohibited Paid Search Placement” means an advertisement that you purchased through bidding on keywords, search terms, or other identifiers (including Proprietary Terms) or other participation in keyword auctions. “Proprietary Term” means keywords, search terms, or other identifiers that include the word “ActiveTVNetworks,” “endless,” “Kindle,” or “Javari,” or any other trademark of ActiveTVNetworks or its affiliates, or variations or misspellings of any of those words (e.g., “ammazon,” “amaozn,” “endlss,” “enldess” “kindel,” and “javary”). “Redirecting Link” means a link that sends users indirectly to the ATVN Site via an intermediate site or webpage and without requiring the user to click on a link or take some other affirmative action on that intermediate site or webpage. “Search Engine” means Google, Yahoo, Bing, or any other search engine, portal, sponsored advertising service, or other search or referral service, or any site that participates in any of their respective networks.

8. Commission Fee Payment

If you have not earned any advertising fees in the 3 years prior to any given calendar month, then on the first day of that calendar month we may charge you an account maintenance fee that will be deducted from your unpaid accrued advertising fees. That account maintenance fee will be the lesser of $10 or the amount of unpaid accrued advertising fees in your account. Further, any unpaid accrued advertising fees in your account may be subject to escheatment under state law. We may be obligated by law to obtain tax information from you if you are a U.S./ Canadian citizen, U.S./ Canadian resident, or U.S./ Canadian . corporation, or if your business is otherwise taxable in the U.S or Canada. If we request tax information from you and you do not provide it to us, we may (in addition to any other rights or remedies available to us) withhold your advertising fees until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information.

9. Policies and Pricing

10. Identifying Yourself as an Associate

11. Limited License

The license set forth in this Section 11 will immediately and automatically terminate if at any time you do not timely comply with any obligation under this Affiliate Agreement, or otherwise upon termination of this Affiliate Agreement. In addition, we may terminate the license set forth in this Section 11 in whole or in part upon written notice to you. You will promptly remove from your site and delete or otherwise destroy all of the Content and ActiveTVNetworks Marks with respect to which the license set forth in this Section 11 is terminated or as we may otherwise request from time to time.

12. Reservation of Rights; Submissions

13. Compliance with Laws

14. Term and Termination

15. Modification

16. Relationship of Parties

17. Limitation of Liability

18. Disclaimers

19. Disputes

20. Miscellaneous