+Shopkeepers Program Participation Requirements

+SHOPKEEPERS PROGRAM PARTICIPATION REQUIREMENTS

Last updated: August 23, 2023

These Program Participation Requirements detail the terms of the participation of your +Shopkeeper Site to the +Shopkeepers Program and your affiliate marketing relationship with MarketNation Inc.

1. Enrollment and Eligibility

To begin the enrollment process, you must submit a complete and accurate +Shopkeepers 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 Shopkeepers Program 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 or promote, endorse or incite potentially dangerous or harmful acts,

(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 MarketNation, or a variant or misspelling of a trademark of MarketNation or its affiliates in any domain name, subdomain name, in any “tag” or +Shopkeepers ID, or in any username, group name, or other identifier on any social networking site; 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 Shopkeepers Program without our advance authorization. Advance authorization may be initiated by contacting our +Shopkeepers Customer Service.

You will ensure that the information in your +Shopkeepers Program application and information otherwise associated with your account on the +Shopkeepers Site, including your email address, other contact information, and identification of your Site, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the +Shopkeepers Program and the Agreement to the email address then-currently associated with your Program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.

If you are a non-US person participating in the +Shopkeepers Program, you agree that unless you have otherwise notified us in your tax information you will perform all services under the Agreement outside the United States.

The +Shopkeepers Program is free to join, and we provide resources on the +Shopkeepers Site to help +Shopkeepers succeed with the program. We have never authorized any business to provide paid set-up or consulting services to our +Shopkeepers, so please be wary if any business like that (even one attempting to appropriate the MarketNation name) reaches out to offer you costly services.

2. 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 Program Content on your Site in compliance with the Agreement, all applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any applicable governmental authority, including those related to disclosures (for example, if applicable, the U.S. FTC Guides Concerning the Use of Endorsement and Testimonials in Advertising) and electronic marketing, data protection and privacy (for example, if applicable, the Directive 2002/58/EC (Privacy and Electronic Communications Directive), and the General Data Protection Regulation (GDPR) (EU) 2016/679), and any agreement between you and any other person or entity (including any restrictions or requirements placed on you by any person or entity that hosts your Site),

(c) creating and posting, and ensuring the accuracy, completeness, and appropriateness of, materials posted on your Site (including all Product descriptions and other Product-related materials and any information you include within or associate with Special Links),

(d) using the Program Content, your Site, and the materials on or within your Site in a manner that does not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity, or other intellectual property or proprietary rights),

(e) disclosing on your Site accurately and adequately and otherwise satisfying applicable legal requirements, either through a privacy policy or otherwise, the use of cookies, pixels, and other technologies by you and third parties and how you collect, use, store, and disclose data collected from visitors in accordance with applicable laws, 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 MarketNation Marks, whether or not permitted under the Agreement.

3. Promotional Limitations

You will not engage in any promotional, marketing, or other advertising activities on behalf of us or our affiliates, or in connection with a MarketNation Site or the +Shopkeepers Program, that are not expressly permitted under the Agreement. You will not engage in any promotional, marketing, or other advertising activities in any offline manner, including by using any of our or our affiliates’ trademarks or logos (including any MarketNation Mark), any Program Content, or any link in connection with email, offline promotion or in any offline manner (e.g., in any printed material, ebook, mailing, private messages on social media networks, or attachment to email, or other document, or any oral solicitation).

4. Content on your Site

You will be solely responsible for the content on your Site and ensure:

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 +Shop Site (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.

You will not sell, resell, redistribute, sublicense, or transfer any Program Content or any application that uses, incorporates, or displays any Program Content, or Data Feeds. For example, you will not use, or enable, or facilitate the use of Program Content within advertising outside of your Site or 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 Shopkeepers number for, or display such links on, a site that is not your Site.

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).

You will not include on your Site, display, or otherwise use 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.

Upon our request, you will provide us with written certification that you have complied with the Agreement (generally or specifically with respect to any provision of the Agreement, including the Program Policies). Any failure to provide the certification in accordance with our request will constitute a material breach of the Agreement.