General Terms
Updated Dec 11st, 2022
These terms and conditions govern your participation in the Program as an affiliate. Please read these 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, to ensure that they are clearly understood and followed by affiliates. Each affiliate is responsible for ensuring that its employees, agents and contractors comply with these terms and conditions. These affiliate terms and conditions are subject to change.
DEFINITIONS
As used in these terms and conditions: (i) “we”, “us”, or “our” refers to Piggy Shopping Inc. and our website piggy.cards; (ii) “you”,“your”, and “affiliate” refers to you as a participant in the Program; (iii) “our Website” refers to the Piggy Shopping Inc.-owned, -operated or -controlled properties including but not limited to piggy.cards; (iv) “your website” refers to any websites from which you link to our website; (v) “Program” refers to the piggy.cards Affiliate Program.
ENROLLMENT
After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program.
Please allow up to 2 weeks for your application to be reviewed. We reserve the right to reject any application, however we encourage you to contact us if you feel we have made an incorrect decision. Including all of the websites that you use in your profile will help us make a better decision.
REFERRAL WINDOW
Notwithstanding anything to the contrary set forth in an insertion order, the Referral Window will be defined as “Allow referrals from the same session within a 1 day(s) click window”. “Session” means an internal viewpoint of a single visit wherein a user is engaged. “Same session” when looking at attribution for a purchase means only the session that the purchase occurred in will be counted.
WEBSITE RESTRICTIONS
You are solely responsible for the development, operation, content and maintenance of your website and for all materials that appear on your website. Your participating website(s) may not:
1. Violate or infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights.
2. Violate any law, rule or regulation.
Contain any content that is threatening, harassing, defamatory, indecent, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials, or is otherwise illegal.
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 (including toolbars, browser plug-ins, extensions and add-ons), without prior written consent from Piggy.Cards.
Contain any logos, trademarks, trade names or other intellectual property of any of the retailers on Piggy.Cards without prior written consent from Piggy.Cards.
Without limitation, you are solely responsible for:
● The technical operation of your website and all related equipment.
● The accuracy and appropriateness of materials and content posted on your
website.
● Disclosing your use of affiliate links or advertising on your website.
● Ensuring compliance with all applicable national and international laws and regulations.
If you are conducting business in or taking orders or information from persons in other countries, you will follow the laws of those countries, including responding to any data subject requests to exercise their rights under relevant data protection law.
We disclaim all liability for the matters listed in this section for any matters relating to your website.
You agree to indemnify and hold us harmless from and against all claims, damages, liabilities, losses and expenses (including, without limitation, attorneys' fees) resulting from or relating to: (a) the development, operation, maintenance, and/or contents of your website; and (b) your breach or non-performance of any of your duties or obligations under these affiliate terms and conditions.
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 and abide by the following.
You will only use linking code obtained from the affiliate interface without manipulation. You will not share your linking code with any other affiliate.
All domains that use your affiliate link must be listed in your affiliate profile. You will not share your affiliate link with any other affiliate.
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 or include pop-ups, false or misleading links on your website. In addition, wherever possible, 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. 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.
Pay Per Click GUIDELINES
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, MSN, Yahoo, Facebook or any other network.
You may not use our trademarked terms in sequence with any other keyword (e.g., Piggy.Cards 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 link 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 Piggy.Cards 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 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: Piggy Cards, Piggy.Cards, PiggyCards.com
COUPON GUIDELINES
If you are enrolled in our Program and your website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
You may ONLY advertise coupon codes that are provided to you by us through the Program.
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, code and any disclaimers provided by us.
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.
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.
COUPON ATTRIBUTION & AUTHENTICATION
Affiliates whose primary business is posting coupons, who are viewed by the Program as being a coupon site, and/or who are tagged as “coupon” in our system, may not be paid commissions for sales generated without a corresponding valid coupon code. Valid codes are defined as codes that are made available to the affiliate channel in general, through newsletters or ShareASale, and directly or privately to affiliates. Coupon codes that are not real, expired, not specific (e.g., up to 40% off sale items) or are long-term sitewide offers that do not require a code may not considered valid codes and the affiliate will not be given commission on these orders.
SUB-AFFILIATE NETWORKS
Promoting Piggy.Cards through a sub-affiliate network is permitted, however you must be completely transparent with regards to where traffic from your sub-affiliates originated by passing through Sub ID’s and referring URL’s. Sub-affiliate networks must ensure that all sub-affiliates promoting the Piggy.Cards Program adhere to our affiliate terms and conditions. This includes all restrictions included herein, including but not limited to restrictions on advertising through toolbars, browser extensions, and through any paid placements such as a pay- per-click campaigns. Additionally, sub-affiliate networks are strictly prohibited from allowing coupon partners to promote the Program.
Failure to comply with our sub-affiliate network terms may result in a loss and/or reduction of commission from sales made through any sub-affiliate that does not comply with our affiliate terms and conditions.
DOMAIN NAMES
Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited e.g., Piggy.Cards.website.com or www.Piggy.Cards-coupons.com.
INTELLECTUAL PROPERTY RIGHTS
All right, title, and interest in and to all images, content, creative, data or materials provided to you by us are and shall remain at all times in Piggy.Cards. To the extent any such Piggy.Cards-owned intellectual property is utilized by you hereunder, we hereby grant to you a nontransferable, nonexclusive, fully paid-up, worldwide license to use such property in accordance with the terms herein.
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 e-mail 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, or other similar such laws in the respective country of the location of data subjects, including but not limited to Canada’s Anti-Spam Legislation (“CASL”).
E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of Piggy.Cards.
E-mails must first be submitted to us for approval prior to being sent.
SOCIAL MEDIA
Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:
1. 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.
You are PROHIBITED from posting your affiliate links on Piggy.Cards’s Facebook, Twitter, Pinterest, etc. company pages or accounts in an attempt to turn those links into affiliate sales.
You are PROHIBITED from running Facebook ads with Piggy.Cards’s trademarked company name.
You are PROHIBITED from creating a social media account that includes Piggy.Cards’s trademark in the page name and/or username.
REVERSAL & COMMUNICATION POLICY
Piggy.Cards takes pride in its very low reversal rate, which we attribute to open communication with our affiliates. However, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, Program violations as outlined in these terms and conditions, and any other reason in our sole reasonable discretion.
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 prompt and honest manner. Below are violations of our communications policy.
You are not forthcoming, intentionally vague or are found to be lying.
You are not responsive within a reasonable time period and after multiple attempts to
contact 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.
If any of the above apply, then we reserve the absolute right to reverse orders, set your commission to 0% or 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 affiliate terms and conditions.
FTC DISCLOSURE REQUIREMENTS
You must adhere to Federal Trade Commission guidelines regarding paid endorsements, or other similar such laws in the respective applicable countries. You must include a disclosure statement within any and all pages, blog/posts, or social media posts where affiliate links for our 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.
- Disclosures must be made at the beginning of the claims and may not appear solely in a “Terms of Use”, “Legal”, “About Us” or other linked page.
- 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, hover state and button disclosures are prohibited.
- Disclosure policy applies to all social media, even when space is restricted (e.g., tweets)
- Disclosures should be made in the same medium as the claim (e.g. video, text)
You acknowledge the above is not an exhaustive list of the FTC’s guidelines. 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 (example 21) and the FTC's Endorsement Guidelines at http://business.ftc.gov/advertising-and- marketing/endorsements
If you engage in so called “native advertising”, you further agree to comply with the FTC’s Enforcement Policy Statement on Deceptively Formatted Advertisements at https://www.ftc.gov/system/files/documents/public_statements/ 896923/151222deceptiveenforcement.pdf and the related guidelines, or other similar such laws in respective applicable countries.
CONFIDENTIALITY
“Confidential Information” means any non-public business, technical, financial or other proprietary information you may receive from us during the term of this Program, including without limitation any brand guidelines, data, or these affiliate terms and conditions.
You agree to hold our Confidential Information in strict confidence and not disclose it to any third party or use such Confidential Information for any purpose other than as expressly allowed here. Confidential Information will not include: (a) information that is or becomes publicly available through no fault of yours, (b) was in your possession or known by you without restriction prior to receipt from us, (c) was rightfully disclosed to you by a third party without restriction, or (d) was independently developed by you without use of any of our Confidential Information. You may disclose our Confidential Information where required by law or court order; provided, that to the extent legally permissible, you shall promptly notify us so that we may try to limit disclosure and obtain confidential treatment or a protective order for our Confidential Information.
GENERAL TERMS
You acknowledge that in any promotions or advertising posted by you pursuant to these affiliate terms and conditions, including but not limited to websites and social media, you shall only use the creative as provided by us, without any edits or alteration. If you decide to create your own creative or alter the creative as provided by us, such creation and alteration must be approved in advance in writing by us before your use in any website, promotion or advertisement. Further, we have the right to request take down of any website, promotion or advertisement that we believe, in our reasonable judgment, violates applicable law or the terms of these affiliate terms and conditions. If we request such a takedown, you must promptly but in any event within twenty-four (24) hours, take down such website, promotion or advertisement.
Arbitration
Except as otherwise provided herein, any controversy arising out of these Terms of Use shall be submitted to the American Arbitration Association (“AAA”) for arbitration in Los Angeles, California, in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. The costs of the arbitration, including any AAA administration fee, the arbitrator’s fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration. Judgment on the award may be entered in any court of competent jurisdiction. Attorneys’ fees may be awarded to the prevailing or most prevailing party at the discretion of the arbitrator. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of the Terms of Use nor to grant any remedy which is either prohibited by the Terms of Use, or not available on the basis of applicable law. The arbitrator shall not have the power to make any award or grant any remedy on the basis of equity.
Notwithstanding anything to the contrary in the AAA Rules, you and we agree that the filing of arbitration, the arbitration proceeding, any documents exchanged or produced during the arbitration proceeding, any briefs or other documents prepared for the arbitration, and the arbitral award shall all be kept fully confidential and shall not be disclosed to any other party, except to the extent necessary to enforce this arbitration provision, arbitral award or other rights of the parties, or as required by law or court order. This confidentiality provision does not foreclose the AAA from reporting certain consumer arbitration case information as required by state law.
Notwithstanding the foregoing, we may seek injunctive or other relief in any state or federal court of competent jurisdiction for any actual or alleged infringement of our, our affiliates, or any third-party’s intellectual property or other proprietary rights. You and the Company agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Los Angeles, California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.