SHOPKEEPERS INFLUENCER PROGRAM POLICY
Last updated: August 23, 2023
This Influencer Program Policy details the terms of the Influencer Program Policy for your Shopkeeper Site within the framework of your affiliate marketing relationship with MarketNation Inc.
The Shopkeepers Program “Shopkeepers Influencer Program” may help you earn commission income by acting as a social media presence facilitating customer purchases as part of the Shopkeepers Influencer Program in connection with your participation in the Shopkeepers Program. In order to participate in the Shopkeepers Influencer Program, an eligible Shopkeeper (“Influencer”) must meet qualitative and quantitative thresholds, complete the registration process, and comply with the applicable provisions of the Agreement, including this Shopkeepers Influencer Program Policy.
1. Registration Information; Influencer +Shop
(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 +Shop. This Shopkeepers Influencer Program may include an Influencer +Shop Site assigned to you (“Influencer +Shop”). The Influencer +Shop is a “Service Offering” for all purposes under the Agreement. With respect to any text, pictures, compilations, lists, comments, digital videos, or other data or content you submit to MarketNation in connection with the +Shop Influencer Program (“Influencer Content”), you will not submit such Influencer Content if it countains:
- Content written in unsupported languages
- Repetitive text, spam, or pictures created with symbols
- Private information
- Profanity or harassment
- Hate speech
- Sexual content
- External links
- Ads, conflicts of interest, promotional content
- Plagiarism, infringement, or impersonation
- Illegal activities
(c) Marketing. Solely with respect to the +Shop Influencer Program, and notwithstanding anything to the contrary in the Participation Requirements, you may include links to your Influencer +Shop in emails; provided, that such emails are in compliance with the Agreement, the Trademark Guidelines, and the +Shop 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 Shopkeepers 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 link to your Influencer +Shop, and (ii) you must comply with applicable laws and marketing industry standards and best practices for all emails relating to the Shopkeepers Influencer Program. MarketNation may revoke the offline marketing permissions granted in this Section 1 at any time in its sole discretion by providing written notice to you.
2. Onsite Use
(a) Discretion in Use; Removal Right. MarketNation may (as determined by MarketNation in its sole discretion) but is not obligated to use Influencer Content, subject to the terms of the license described in Section 3(b) of the Shopkeepers Influencer Program Policy. MarketNation reserves the right (in its sole discretion and at any time) to reject, remove, suspend, or restore any or all of the Influencer Content.
(b) Compensation. With respect to Influencer Content used by MarketNation within the +Shop Site, Influencer will earn commission income (“Commission Income”). To be eligible to earn Onsite Commission Income from the applicable Influencer +Shop Site, you must be registered as an Influencer for the applicable +Shop Site.
3. Reservation of Rights; Use of Influencer Marks; Indemnification
(a) Reservation of Rights. We reserve all right, title and interest (including all intellectual property and proprietary rights) in and to, and you do not, by virtue of the Agreement or otherwise, acquire any ownership interest or rights in or to, the Influencer +Shop, the Influencer +Shop URL, information and materials on the Influencer +Shop or any other aspect of the +Shop Site. You will not take any action that conflicts with our rights in, or ownership of, the Influencer +Shop. MarketNation reserves all rights to determine the content, appearance, functionality, URL, and all other aspects of the Influencer +Shop and +Shop Site, including through the display of (i) advertising materials on the Influencer +Shop, without compensation to Influencer, and (ii) disclosure (by text, link, icon, or otherwise) regarding Influencer’s participation in the +Shop Influencer Program.
(b) Influencer Marks License. By accepting this Influencer Program Policy, you hereby grant to MarketNation a non-exclusive, worldwide, fully paid-up, royalty-free license for the maximum duration of your original and derivative intellectual property rights in all languages to use, copy, reproduce, adapt, translate, excerpt, reformat, distribute, transmit and display your name, photo, logo and other trademarks (“Influencer Marks”) and materials provided to MarketNation in connection with the +Shop Influencer Program, including through linkage to your +Shop public profile; provided however, that MarketNation will not alter any Influencer Marks from the form provided by Influencer (except to re-format or re-size, so long as the relative presentation of the Influencer Marks remains the same).
(c) Influencer Content and Site. For avoidance of doubt, you acknowledge that Influencer Content you submit will be subject to the provisions of the Conditions of Use on the relevant +Shop Site relating to posting content or submitting material and that your Influencer Content and Site are subject to the requirements of Section 3(b) of the Participation Requirements relating to compliance with all applicable laws (for example, if applicable, the US FTC Guides Concerning Use of Endorsement and Testimonials in Advertising). Additionally, if Influencer has any other material connection or otherwise receives any compensation from any other manufacturer, distributor, brand, or third party in connection with any Influencer Content, Influencer is also responsible for following all applicable laws with respect to those connections or compensation arrangements, including those described in the FTC Endorsement Guides (such as by using the text “#Ad” or “#Sponsored”).
(d) Indemnification. WE WILL HAVE NO LIABILITY FOR ANY MATTER DIRECTLY OR INDIRECTLY RELATING TO THE CREATION, MAINTENANCE, OR OPERATION OF THE INFLUENCER +SHOP AND INFLUENCER CONTENT, AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES, HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) RELATING TO ANY INFLUENCER CONTENT.
4. Termination
MarketNation may suspend or terminate Influencer’s participation in the +Shop Influencer Program, and Influencer may terminate such participation, in each case immediately by notice provided in accordance with the termination provisions of the Agreement. The rights set forth in Section 3 of this Influencer Program Policy, including all rights related to the use of Influencer Marks and other materials provided in connection with the +Shop Influencer Program, will survive and continue after the termination of Influencer’s participation in the +Shop Influencer Program; provided that, we will use commercially reasonable efforts to remove any Influencer Marks from the Influencer +Shop following termination.
