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Zappos Influencer Terms and Conditions

Last updated: May 5, 2022

These Zappos Influencer Terms & Conditions ("Agreement") govern your ("Your", "You", or "Influencer") engagement by Zappos.com LLC and/or its subsidiaries (collectively, "Zappos") as an influencer to promote products or services. This Agreement contains terms that apply to Your application to and participation in the Zappos Influencer program ("Program"). Zappos may amend the Agreement at any time by posting the updated Agreement with or without notice to You. Accordingly, You should refer back to this Agreement from time to time to ensure You remain aware of the current terms and conditions. Your continued engagement with Zappos as an influencer after any Agreement update constitutes Your acceptance of the amended terms.

A. THE BASICS

As an Influencer - You will be granted access to certain Zappos content to create shoppable, ecommerce driven site (Your "Content"). - You will use Your authority, knowledge, position or relationship with Your audience to provide the Content or services ("Services") to advertise and promote Zappos and brands that are carried on Zappos.com. - Zappos may use the Content as described in Section C below or request that You publish the Content on Your blog, social media sites, and other internet properties owned or controlled by You (collectively the "Influencer Properties"). - All of Your Content and Services should be directed to adults, not children (i.e., no one under the age of 18). - All Content is subject to Zappos's written approval prior to publication.

B. Enrolling in the Program

1. Participation in the Program is subject to Zappos' approval. You must submit Your application through the Zappos website in order to become an "approved" Influencer eligible to post Links to the Zappos website and earn consideration in the form of Zappos Gift Cards and/or commission. After Your application has been submitted, Zappos will have the option of approving or declining the application for any reason or no reason. If approved, You will have already acknowledged the acceptance of this Agreement by having clicked through the "Apply to Program" button, having checked the box stating "Yes, I have read and accepted" the terms and conditions and having clicked the button to "Continue", thereby assenting to the Agreement of the Program between You and Zappos. This Agreement shall apply only to approved Influencers who accept the Agreement and only Influencers who accept this Agreement may participate in the Program.

2. Zappos will evaluate Your application and may reject Your application for any reason, in its sole discretion, if Zappos finds You or Your site(s) unsuitable for the Program. Some examples of unsuitable sites are those that contain "Zappos" (or any other of our trademarks or its variant) in its URL to the left of the domain-name suffix or otherwise contain materials considered violent, violate obscene, pornographic, controversial, defamatory, threatening, harmful or promotes violence. Zappos will inform You of the decision of Your application. Unless Zappos tells You otherwise, You may reapply if Your application is not accepted.

3. Residents in the Prohibited States (defined below) are ineligible to participate in the Program. In addition, by agreeing to this Agreement, You represent that You are not a resident of Louisiana, Arkansas, Maine, Missouri, Rhode Island or Vermont ("Prohibited States"). If at any time following Your enrollment in the Program You become a resident of a Prohibited State, You will become ineligible to participate in the Program, and this Agreement will automatically terminate, on the date You established residency in that State. In addition, You must promptly notify Zappos in writing of Your residency in a Prohibited State.

C. THE GUIDELINES

Required Disclosures.

You must include disclosures such as #ad or #sponsored as the first tag in each post in which the Content appears, including video Content, or any other disclosures Zappos requires. The Federal Trade Commission's Guides Concerning the Use of Endorsement and Testimonials in Advertising require, among other things, that You clearly disclose on any blog or social media posts that You have been paid or incentivized to post content by an advertiser such as Zappos. Please familiarize Yourself with these Guides and review them from time to time as they may change. You and Your Content must comply with these Guides, all training materials Zappos provides to You, and all applicable laws and regulations.

1. Prohibited Activities.

You will ensure that Your Content does not include: - images or likenesses of any minors or of any person without authorization. - political materials. - software viruses; - links to external websites. - solicitations or advertisements for any products or services that You have not been engaged to promote under the applicable IO (including Your own products on any Zappos website unless Zappos has otherwise approved in writing). - materials that infringe any third-party patent, copyright, trademark, tradename, trade secret, right of publicity or privacy, intellectual property rights, or other proprietary rights. - materials that are illegal, obscene, threatening, defamatory or libelous, or otherwise contain any objectionable or inappropriate content or nudity or is otherwise offensive, as determined by Zappos in its sole discretion or - images that feature graffiti tools, tobacco products, weapons, alcohol, dietary supplements and similar items. - You are permitted to advertise, promote and direct Your audience to Zappos' website (www.zappos.com) and not to any other site. - Your domain name(s) may not include (either as all or as part of its name) the word "zappos" or a misspelling thereof (such as "zapos", "xappos", "sappos", etc.). - Your website will not copy or resemble the look and feel of Zappos' website or create the impression that it is part of www.zappos.com. You are expected to provide a unique shopping experience for customers with the aid of resources provided to You through the Zappos Account Manager ("Account Manager"). - You may not offer (or imply that there is an offer of) discounts or coupons relating to Zappos or our projects or services. - You also may not operate a customer cash-back or any other type of "loyalty" or "incentive" program unless You have received a prior written exemption from Zappos. - Your website, social media channels, domain names and advertising (including e-mails) must comply with all laws and regulations, and cannot infringe upon any third party's intellectual property rights. - Your domain name(s) may not contain (either as all or as part of its name) names or misspellings of brands that are carried on Zappos.com.

D. PERMISSIONS

  1. Zappos' Usage Rights. You grant Zappos the exclusive, irrevocable, worldwide, fully paid-up, royalty-free, and perpetual license and unrestricted right to share, use, copy, process, adapt, translate, display, perform, reproduce, republish, distribute, and modify (so long as such modification does not materially change the Content's meaning) the Content and Your name, photograph or likeness, in any manner. Zappos may sublicense or assign any of the foregoing rights to any third parties that Zappos designates or engages for any purpose. You release and discharge Zappos from all claims and liability resulting from the use or non-use of the Content.
  2. Your Usage Rights. Zappos grants You a limited, non-exclusive, non-transferable, non-assignable, non-sub-licensable, revocable right and license to display Zappos Materials solely on the Influencer Properties to perform under the applicable IO, subject to and in accordance with Zappos's Trademark Guidelines, attached as Exhibit A to the applicable IO, with each use subject to Zappos's prior written approval. Upon termination or expiration of the IO, or other written notice (including by email), You will immediately remove and stop using the Zappos Materials. " Zappos Materials" means any images, text, links, data, trademarks, logos or other content that Zappos makes available to You in connection with the performance of Services or delivery of Content.
  3. Promotional Activity. You agree to seek approval prior written approval from Zappos before engaging in promotional activities in combination with other web entities, such as "comparison shopping engines" or Google Product Listings.

E. GENERAL

  1. Non-exclusivity. Zappos may engage third parties, or undertake its own activities, that may or may not be similar to the transactions contemplated by any IO or competitive with Your business, products or services.
  2. Content Removal.
    • If You directly or indirectly cause or commit any act that, in Zappos's sole discretion, brings You or Zappos into public disrepute, or otherwise harms Zappos's reputation, or if You breach the terms and conditions herein, in addition to any other remedies available under an IO or at law or equity, You will, at Zappos's request, refund any payments made for the Content or Services and will immediately remove all Content and Zappos Materials from all media and cease publishing them.
    • Zappos may also request at any time and in its sole discretion that You remove all Content and Zappos Materials from all media and cease publishing them and You will immediately comply.
  3. Representations and Warranties. You represent and warrant that You are at least 18 years old and a legal resident of the United States.
  4. Limitations on Liability. Zappos will not be liable for (a) any loss of data, loss of profits, cost of cover or other special, incidental, consequential, indirect, punitive, exemplary or reliance damages arising from or in connection with this Agreement, however caused and regardless of theory or liability; or (b) direct damages in connection the Zappos Influencer Program that exceeds the amount of fees Zappos paid to You for the twelve-month period immediately preceding the date on which the event giving rise to the most recent claim of liability occurred.
  5. Independent Contractor. This Agreement will not create a joint venture, partnership or other similar business relationship or entity of any kind, or an obligation to form any such relationship or entity. Each party will act as an independent contractor and not as the other party's agent for any purpose, and neither party will have the authority to bind the other party, nor hold itself out to any third party as having any authority to bind or enter into any agreement on the other party's behalf.
  6. Assignment. You may not assign this Agreement or any of Your rights, interests or obligations contained in the Agreement to any other person or entity without Zappos's prior written consent. Zappos may assign any of its rights, interests or obligations to any of its affiliates without having to obtain Your consent as long as the Agreement is binding on and enforceable against the assignee.
  7. Disputes/Binding Arbitration. Any dispute or claim relating in any way to this Agreement will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to the Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to our registered agent CSC Services of Nevada, Inc., 2215-B Renaissance Drive, Las Vegas, Nevada 89119. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Zappos will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Zappos will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where You live or at another mutually agreed location. Zappos and Influencer each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration Zappos and Influencer each waive any right to a jury trial. Zappos and Influencer also both agree that Influencer or Zappos may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
  8. Taxes. You may charge and Zappos will pay applicable national, state or local sales or use taxes or value added taxes that You are legally obligated to charge ("Taxes"), provided that such Taxes are stated on the original invoice that You provide to Zappos and Your invoices state such Taxes separately and meet the requirements for a valid tax invoice. Zappos may provide You with an exemption certificate or equivalent information acceptable to the relevant taxing authority, in which case, You will not charge and or collect the Taxes covered by such certificate. Zappos may deduct or withhold any taxes that Zappos may be legally obligated to deduct or withhold from any amounts payable to You under the applicable IO, and payment to You as reduced by such deductions or withholdings will constitute full payment and settlement to influencer of amounts payable under the applicable IO. You will provide Zappos with any forms, documents, or certifications as may be required for Zappos to satisfy any information reporting or withholding tax obligations with respect to any payments under the applicable IO. If Zappos provides You with any physical materials (e.g. clothing, accessories, etc.) that Zappos does not require You to return, then the title to those materials will pass to You upon Zappos's delivery to the common carrier.
  9. Privacy. Please review our Privacy Notice , which explains our practices and also governs your use of Zappos Services. Zappos may collect basic profile data on You, including Your public profile name and picture URL and Zappos may use this data to determine if You have a valid, active social media account and qualify for the Program. To the extent required by applicable law, you may have the right to request access to or delete your personal information. If you wish to do any of these things, please contact Zappos Customer Service via phone or chat to submit Your request. Upon Your request, once approved, Zappos will delete Your data. For state-specific privacy choices, please click here.. Depending on your data choices, certain services may be limited or unavailable.
  10. Misc. The Terms of Use will apply to your participation in this Program and you will need to make all necessary FTC disclosures in connection with your posts (please see in particular, the Federal Trade Commission's Guides Concerning the Use of Endorsement and Testimonial in Advertising and Disclosures 101 for Social Media Influencers.
Zappos Influencer Terms and Conditions | Zappos.com