Below are the Terms of Service (TOS) for the Picaboo Affiliate Program. Please read these carefully before joining our program. We also recommend printing out a copy of our TOS for future reference. Any future changes to these Terms of Service will be published here. Our TOS are intentionally written with as little legal jargon as possible to assist affiliates in understanding and remaining in compliance with our Affiliate Program. If you have any questions regarding acceptable marketing of our program, please contact us via Pepperjam prior to engaging in the campaign or marketing strategy.
By submitting an application to join our program, you are agreeing to the Picaboo Terms of Service. It is each Affiliate’s responsibility to ensure compliance at all times and each affiliate is solely responsible for the actions of employees, agents or contractors acting on that affiliate’s behalf.
Definitions, as used in the below terms of service:
- “We”, “us”, “our” or “merchant” refers to Picaboo.
- “You”, “your”, “Affiliate” or “Publisher” refers to the applicant.
- “Our website” refers to the Picaboo web properties located at Picaboo.com “Your website” refers to any websites that you will link to our website;
- “Program” refers to the Picaboo Affiliate Program.
- “Network” refers to the Pepperjam Network (http://www.pepperjamnetwork.com/)
Our Program operates on the Pepperjam Network. You must be an approved Publisher and in good standing on the Network to apply to and participate in our Program.
Upon receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. Please allow up to 72 hours for the review of your application. We reserve the right to reject any application; however we encourage you to contact us if you feel we have made an incorrect decision. Providing as much information regarding your marketing intentions of our Program will assist us in making an appropriate decision regarding your participation in our Program.
You must provide current and valid contact information via your Network account, so that you can be notified expediently regarding important Program information related to Terms and Policy changes.
In addition, you hereby consent us:
- To send you emails regarding the Program;
- To monitor, record, use, and disclose information about your site and visitors to your site that we obtain in connection with your display of our Links (i.e., that a particular Picaboo customer clicked through our Link from your site before buying a Product on the Picaboo site;
- To monitor, crawl, and otherwise investigate your site to verify compliance with this Terms Of Service agreement.
Dual Commissions and Affiliate Accounts in Multiple Networks
In the case that affiliates from different networks earn commission on the same transaction; the affiliate with the last registered click will own the sale.
Affiliates are allowed to register with only ONE network for our affiliate programs. If you currently have accounts in multiple networks, you are encouraged to select the account in which you are more active as your default account and deactivate the other. If you do not remove one of your accounts, we reserve the right to remove one of your affiliate accounts as we see fit.
If you have any questions or concerns pertaining to Dual Commissions or Multiple Accounts, please contact us.
Website Responsibility and Content
Your participating website(s) may not:
- Contain any content that is unlawful, violent, harmful, threatening, harassing, defamatory, obscene, discriminatory, harmful to minors, contains nudity, pornography or sexually explicit materials or is otherwise objectionable.
- Infringe on our or any other person’s or entities intellectual property, copyright, privacy or other rights.
- Violate any laws, rules or regulations within the United States or Canada.
- Contain any viruses, Trojan horses, worms, time bombs, bots, or other computer programming routines that are considered malware or any variation of malware what-so-ever.
If your web site utilizes user-generated content (examples including but not limited to: forum posts, blog or article comments, user reviews), the affiliate remains responsible for ensuring that they are in compliance with our TOS.
You will be solely responsible for your site, including its development, operation, maintenance and all materials that appear on or within it.
You will be solely responsible for:
- Technical operation of your site and all related equipment;
- Displaying our Links and Program on your site in compliance with this Terms Of Service 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, 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 Program, 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);
- Any use that you make of the Program and the Picaboo Marks, whether or not permitted under this Terms Of Service 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 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 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; (c) your use our Program, whether or not such use is authorized by or violates this Terms Of Service agreement or violates applicable law; (d) your violation of any term or condition of this Terms Of Service agreement; or (e) your or your employees’ negligence or willful misconduct.
Click Generation of the Affiliate Tracking Link
These Terms for invoking your affiliate tracking link apply to all forms of promotion which may be utilized by the affiliate. These forms of promotion include, but are not limited to: web site, email marketing, social media promotion, video, and various software technologies.
- You must only use promotional content provided through the Network or through approved third party services
- Any activation of your affiliate tracking link must be immediately preceded by an actual physical click by a real person. No type of automated “clicking”, by any technique, of your affiliate link is allowed.
- All incidents of a click of your affiliate tracking link must lead to the end user being able to view our web site in a functional manner.
- You may not use misleading, confusing or fraudulent means in order to elicit a physical click by the end user on your affiliate tracking link.
- You may not elicit a click of your affiliate tracking link in order for the consumer to only view our promotional creatives provided through the Network (includes but is not limited to “view to see coupon”, “view for price comparison”, and automatically opening our web site in a browser window when the end user navigates to a content page on your site).
- The consumer should have a reasonable expectation of arriving to our web site when clicking on your affiliate link.
- You may not frame your affiliate link to our web site unless you have received prior written permission.
Pay Per Click Search Engine (Sponsored Search) Marketing
Unless there is a prior written agreement, you must adhere to the following Terms if promoting our Program through PPC Search Marketing:
- You may not direct link sponsored ads to our web site. Your landing URL in Sponsored Links must go to a landing page on your own web site. You may not use server-side redirects to achieve the same end result as direct linking to our web site in your Sponsored ads.
- You may not bid on the following trademarks, including any variations or misspellings including: Picaboo, Picaboo.com, www.Picaboo.com
It is your responsibility to exclude our trademark terms from your campaigns, even if you automate your PPC campaigns, you must add our trademarked terms as negative keywords.
- You may not use our trademark terms in sequence with any other keyword (e.g. Picaboo Coupons, Picaboo Review).
- Your ad display may not be confusing or misleading to the end user as coming directly from Picaboo.com.
- Your ad copy may not be misleading, confusing or misrepresent Picaboo products, services and/or offerings.
- These Terms apply to campaigns through all search engines, and any other paid ad or paid viewing platforms including but not limited to Facebook, mobile and international search engines.
eBay and Amazon Restrictions
Picaboo does not allow affiliates to place products, links, banners, or stores on eBay or Amazon.
If you promote our Program through email (either directly or indirectly) you agree to the following:
- You must notify us prior to launching any email campaign that you will engage in email marketing along with a link to your email sign-up form.
- You will not send any unsolicited commercial emails unless the end user has specifically opted into receiving the emails. You will not promote our Program through an “opt-out” email list.
- You must comply with all laws (both federal and state), rules, regulations, and regulatory guidelines (such as those provided by the FTC) relating to the sending of commercial emails, including, but not limited to, the CAN-SPAM Act of 2003. You can find practical information on complying with the CAN-SPAM Act here.
Domain Names and Typosquatting
Use of any of our trademarked or branded terms, including any variations or misspellings, as part of the domain for your website is strictly prohibited. We reserve the right to engage any and all legal avenues available to us for enforcement.
If you will be promoting our Program with the use of coupon codes, you must adhere to the following Terms:
- You must only promote authorized coupons provided through the Network or directly provided by us in the form of an “exclusive” coupon.
- You may not promote coupons found through our other marketing efforts (e.g. our own email coupons) or the exclusive coupon codes for other affiliates.
- You may not mislead consumers with the terms of the coupon offer in your promotion. This includes, but is not limited to: not posting an expiration date when one exists, altering the conditions of the coupon or stating a coupon is available when no active coupons are being offered through the Network. You may post special offers available on our website if specifically followed by “no coupon needed / required”, however it will be your responsibility to remove these offers when no longer valid on our website.
- Any links associated with an expired offer must not be hyperlinked with an affiliate link.
- Any web page devoted to coupon offers and/or deals shall not contain an affiliate link of our Program if there is not at least one valid coupon/deal promoted.
- Affiliates may not use Facebook or any other social media platforms to create groups or pages using our trademark name or website URL in the title to generate sales or leads.
- Promotion of coupon offers shall follow our Terms for acceptable affiliate link click generation.
If you make your content available for syndication (including but not limited to social bookmarks, RSS feeds, widgets) to others, your distributed content must adhere to our Terms.
Social Media Promotion
If you will be promoting our Program through social media, you must adhere to the following Terms and Conditions. If you are unsure if your campaign with our full TOS, you should contact us for prior approval before launching the campaign.
- You must be in good standing of the social network and follow each social network’s Terms and Conditions.
- You may not send any unsolicited commercial messages through the social media network.
- You may not engage in activities which may be considered ‘spamming’ of the social media network. These include, but are not limited to: multiple and false accounts in order to send massive friend requests, mass postings promoting our Program to others accounts, blackhat search techniques of the social networks search feature.
- You may not represent falsely any of our offers.
- Any promotion of our Program through software technology of a social media network (e.g. Facebook apps, videos uploaded to YouTube), must follow our TOS regarding Software Technology.
- You may not make any representation that you are Picaboo through your social media promotion.
We recognize that the technology available to affiliates is constantly and rapidly changing. The following TOS regarding software technology should assist you in assessing if the particular software technology and your intended use of that technology are allowed within our Program.
Software technology includes, but is not limited to: adware, spyware, loyaltyware, desktop applications, toolbars, browser plug-ins, browser extensions, browser buttons, widgets, Facebook applications, blog extensions/plug-ins, mobile applications, videos and video players.
- You must be in compliance with the Network’s Terms of Service regarding the use of software technology.
- You must receive prior written agreement for the use of software technology prior to promoting our Program through the technology.
If you already have software technology in use when applying to our Program, you will notify us immediately of such technology. Failure to notify us of the use of software technology may be grounds for immediate termination from our Program and forfeiture of any earned commissions.
- You must be in compliance with all federal, state and local laws, regulations and rules regarding the distribution, behavior and privacy issues of the software technology.
- You may not, under any condition, install any software technology on the end user’s computer or mobile device without the expressed and informed consent to do so.
- The end user must be able to easily and completely uninstall the software technology through generally accepted mechanisms.
- The software technology may not contain any viruses, Trojan horses, worms, time bombs, bots, or other computer programming routines that are considered malware.
- You may not use our Program to incentivize the installation of any software technology by the end user.
- Any software technology will not alter, change or manipulate in any way the contents of our web site or any web site which links to our site.
- In addition to the software technology adhering to our Click Generation of Affiliate Tracking Links Terms, the software technology must also adhere to the following:
*Not automatically direct or prompt to direct traffic away from any other web site to the merchant web site or to your own web site promoting Picaboo
*May not use our domain, our URL (in whole or in part), our trademark or content from our web site to trigger the activation of the software
*May not collect, store or transmit data regarding the end user’s activities on the Picaboo web site
*Any activation of your affiliate tracking link through the software must be immediately preceded by an actual physical click by a real person. No type of automated “clicking”, by any technique, of your affiliate link is allowed
Privacy, Disclosures and ‘Truth in Advertising’
You must comply with all federal, state and local laws, rules, regulations and regulatory guidelines related to the following:
- Disclosure of online ads
You should keep in mind that state and local laws may differ by geographical locations. You can find more information on these areas with suggestions for compliance here.
Some states have enacted legislation, which may require online merchants to collect sales tax in their state based on the online marketing activities of the merchant. Currently, this is an active area of legislation on the state level with potential legislation being presented.
Picaboo values partnerships with affiliates from all states and does not wish to exclude any affiliates who wish to participate in our Program based solely on where the affiliate resides and operates their business. To this end, you agree to the following:
- You will provide true and accurate information regarding your residency through your Network profile
Commissions and Incentives
Affiliates understand that Picaboo reserves the right to change the affiliate commission structure at any time. Picaboo does not compensate affiliate sales on repeat purchases or on new purchases that resulted on the original sale of a deep discount voucher, such as through Groupon, Living Social or any other daily deal site.
Commissions will be paid on time through the Pepperjam Network on all other transactions produced by affiliates within 60 days of user registration.
Using Picaboo Registered Trademark
- Picaboo logo and trademarks should be used correctly in writing and be protected. In many global applications and instances where the logo is placed upon another company’s product—such as a shirt, pen, or other advertising specialty item—the trademark (™) version of the logo must be used.
What is a trademark?
- A trademark is a word (or several words), a name, a symbol (such as one or more letters, or numbers, or a design), or any combination of these, used to identify the goods of our company.
Distinguishing the trademark
- As a minimum requirement, the trademark (™) symbol should appear at least once in each piece of printed matter—preferably the first time the trademark appears.
- Picaboo is to not be translated as this is a trademarked name.
- The domain name can be printed with or without www in front.
We take our TOS seriously and perform due diligence in ensuring our affiliates are in compliance with our TOS.
If we find an affiliate to be in violation with our Terms, the affiliate will be notified through the contact information provided to the Network detailing the violation found and action(s) to be taken. Upon any termination of this agreement, any and all licenses you have with respect to content will automatically terminate and you will immediately stop using the content and Picaboo Marks and promptly remove from your site and delete or otherwise destroy all links to Picaboo Site, all other Content, and any other materials provided or made available by or on behalf of us to you under this agreement or otherwise in connection with the Program. We may withhold accrued unpaid advertising fees for a reasonable period of time following termination to ensure that the correct amount is paid (e.g., to account for any cancelations or returns). It is the affiliate’s responsibility to have valid contact information on file with the Network. We are not responsible for the inability to contact the affiliate and have the right to remove the affiliate immediately should they not abide by our TOS.
Picaboo reserves the right to take any and all necessary actions which may be available to us if an affiliate has violated these Terms of Service. These actions include, but are not limited to: civil action, legal action, termination of the affiliate’s account within our Program, reporting of the violation to the Network and forfeiture of commissions earned.