Associates Program Policies

Crave Crush Associates Program Summary

 

Fees:  8% of revenue that Crave Crush receives from the initial qualifying purchase, plus the amount received from the customer for any additional Product purchases made during the 12 months after the qualifying purchase.  Payments to participants will not be reduced by shipping, credit card processing fees or similar expenses.

 

Payment:  Payments will be made by crediting Paypal accounts approximately 30 days following the end of each month in which fees were earned.

 

Products:  All Crave Crush Products for sale at Cravecrush.com are eligible for the program.

 

Site Links:  After participants are accepted in the program, participants will be given custom links to Cravecrush.com through LeadDyno and can begin receiving program fees for Qualified Purchases.

 

Participation Requirements:  Participants must meet program requirements; unsuitable sites are barred from participating. Participants must comply with site content requirements.  Participants receive a limited license to use certain Crave Crush trademarks and must comply with trademark guidelines.

 

Affiliate Software:  Lead Dyno will manage affiliates, leads, sales, and payments. Participants will receive a link to their portal on Lead Dyno.  Participants will be issued a unique URL which allows payment to be made for referrals.

 

Agreement Term:  Commences upon program registration, until termination by either party.  All links must be removed upon termination.

 

 

Crave Crush Associates Program Policies

 

These Crave Crush Associates Program policies (“Program Policies”) are incorporated by reference in the Crave Crush Associates Agreement.  These Program Policies may be revised, modified or amended at any time. 

 

 

Associates Program Fee Statement

(“Fee Statement”)

 

  1. Qualifying Purchases and Qualifying Revenue

 

We will pay Standard Program Fees described in Section 3 of this Fee Statement in connection with “Qualifying Purchases”, which (subject to the exclusions described in this Fee Statement) occur when:

 

(a) our customer clicks through a Special Link on your Site to a Crave Crush Site;

 

(b) during a single session, which is measured as beginning when our customer clicks through that Special Link and ending upon the first to occur of the following: (x) 24 hours elapse from that click, (y) our customer places an order for a Product, or (z) our customer follows a Special Link to the Crave Crush Site that is not your Special Link (a “Session”), any of the following happens:

 

  1. our customer purchases a Product, or

 

  1. our customer purchases a Product by adding a Product to his or her shopping cart and completing the order for that Product no later than 30 days after their initial click-through of the Special Link; and

 

(c) our customer actually receives and pays for such Product.

 

For each Qualifying Purchase, the corresponding “Qualifying Revenue” is equal to the amount we actually receive from that Qualifying Purchase, plus the amount we receive from our customer for any repeat Product purchases made during the 12 months after the Qualifying Purchase.  Qualifying Revenue will not be reduced by shipping, credit card processing fees or similar expenses.    

 

  1. Disqualified Purchases

 

Notwithstanding the foregoing, Qualifying Purchases are disqualified whenever they occur in connection with a violation of these Program Policies or any other terms, conditions, specifications, statements, and policies that we may issue from time to time that apply to the Associates Program, including the most up-to-date version of the Associates Agreement (collectively, the “Program Documents”). For example, no Program Fees are payable for a purchase that is not correctly tracked or reported because the links from your Site to the Crave Crush Site are not properly formatted, or for a purchase through a Special Link that violates the terms of the Program Documents.

 

Additionally, the following purchases that would otherwise be Qualified Purchases are disqualified and excluded from the Associates Program:

 

(a) any Product purchased after termination of your Associates Agreement,

 

(b) any Product order that is placed by a customer for whom we are obligated to pay Standard Program Fees to another participant in the Associates Program (e.g., customers who have made purchases during the prior 12 months through another program participant’s links),

 

(c) any Product purchased by a customer who is referred to a Crave Crush Site through any advertisement that you purchased through participation in bidding or auctions on keywords, search terms, or other identifiers that include the word “Crave Crush” or any other trademark of Crave Crush,

 

(d) any Product purchased by a customer who is referred to a Crave Crush Site by a link that is generated or displayed on a search engine (including Google, Yahoo, Bing, or any other search portal, sponsored advertising service, or other search or referral service, or any site that participates in such search engine’s network),

 

(e) any Product purchased by a customer who is referred to a Crave Crush Site by a link that sends users indirectly to the Crave Crush Site via an intermediate site, without requiring the customer to click on a link or take some other affirmative action on that intermediate site (a “Redirecting Link”),

 

(f) any Product purchased by a repeat or recurring order 12 months after the initial purchase of the subscribed Product, and   

 

(g) any Product purchased by a customer, where such customer does not comply with the terms and conditions applicable to the Crave Crush Site.

 

  1. Standard Program Fees

 

Subject to the limitations described in this Fee Statement and compliance with the Associates Agreement, standard program fees for Qualifying Purchases will be 8% of Qualifying Revenue.   

 

  1. Special Program Fees

 

From time to time, we may run general special programs that may provide all or some Associates the opportunity to earn additional or alternative fees. For the avoidance of doubt (and notwithstanding any time period described in this section), Crave Crush reserves the right to discontinue or modify all or part of any special program at any time. All such special programs (even those which do not involve purchases of Products) are subject to disqualifying exclusions substantially similar to those identified in Section 2 of this Fee Statement, and any restriction under the Program Documents applicable to a Product purchase will also apply on a substantially similar basis as restrictions for special programs.

 

  1. Additional or Alternative Fee Arrangements and Fee Statement Modifications

 

From time to time, we may offer or impose upon one or more Associates supplemental special programs, such as an opportunity to earn additional or alternative fees, and such programs will be binding and effective when (i) included in a written amendment, or (ii) posted on your account on the Associates Program.

 

We reserve the right pursuant to the Associates Agreement to modify this Fee Statement, at any time and in our sole discretion, by posting a change notice or a revised Program Policy on the Associates Site; provided that with respect to changes to this Fee Statement we will use commercially reasonable efforts to post such notice or revision at least 2 days prior to such modification becoming effective.

 

  1. Program Fee Limitations

 

From time to time, we may impose limits on Associates’ opportunity to earn Standard Program Fees or special program fees. For the avoidance of doubt (and notwithstanding any time period described in this section), Crave Crush reserves the right to discontinue or modify all or part of any limitation at any time.

 

  1. Program Fee Reporting and Payment

 

We will use commercially reasonable efforts to accurately and comprehensively track Qualifying Purchases for the purposes of our internal tracking, and creating and distributing to you our reports summarizing Standard Program Fees and special program fees you earned during that month.

 

We will pay Standard Program Fees and special program fees approximately 30 days following the end of each calendar month in which they were earned by crediting your Paypal account. We reserve the right to hold fees until the total amount due to you is at least $10, but we currently do not enforce any such minimum payment.  You are responsible for providing us with your current email address for use with your Paypal account, and we will not be responsible for any payments made to an incorrect Paypal account if you have not provided your correct email address by notifying us in writing at associates@cravecrush.com.

 

If at any time there has been no substantial activity on your account for at least 3 years, then we will have the right to withhold the accrued fees for your inactive account. Further, any unpaid accrued fees in your account may be subject to escheatment under applicable law.

 

We may deduct or withhold any taxes that we may be legally obligated to deduct or withhold from any amounts payable to you under the Associates Program. From time to time, we may request tax information from you. If we request tax information from you and you do not provide it to us, we reserve the right (in addition to any other rights or remedies available to us) to hold your fees until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information.

 

Payments made to you, as reduced by all deductions or withholdings described in the Associates Agreement, will constitute full payment and settlement to you of amounts payable under the Associates Agreement.

 

If any excess payment has been made to you for any reason whatsoever, we reserve the right to adjust or offset the same against any subsequent fees payable to you under the Associates Agreement.


 

Associates Program Participation Requirements

(“Participation Requirements”)

 

  1. Enrollment and Eligibility

 

To begin the enrollment process, you must submit a complete and accurate Associates Program 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 Associates Program, and you cannot include any Special Links or Product Advertising Content on it, if your Site is unsuitable. Unsuitable Sites include those that:

 

(a) promote or contain sexually explicit materials;

 

(b) promote violence or contain violent materials;

 

(c) promote or contain libelous or defamatory materials;

 

(d) promote discrimination, or employ discriminatory practices based on race, sex, religion, nationality, disability, sexual orientation, or age;

 

(e) promote or undertake illegal activities;

 

(f) are directed toward children under 13 years of age, as defined by the Children’s Online Privacy Protection Act (15 U.S.C. §§ 6501-6506) and any regulations promulgated thereunder, or otherwise knowingly collect, use, or disclose personal information from children under 13 years of age;

 

(g) include any trademark of Crave Crush or its affiliates, or a variant or misspelling of a trademark of Crave Crush or its affiliates in any domain name, subdomain name, in any “tag” or Associates ID, or in any username, group name, or other identifier on any social networking site (see a non-exhaustive list of our trademarks here);

 

(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. However, if at any time we reject your application or terminate your account in connection with any unsuitability or abuse (as determined in our sole discretion), you cannot attempt to re-join the Associates Program without our advance authorization. Advance authorization may be initiated by making a request to us at associates@cravecrush.com.

 

You will ensure that the information in your Associates Program application and information otherwise associated with your Program account, 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 Associates Program and the Associates 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 Associates Program, you agree that you will perform all services under the Associates Agreement outside the United States. If, for any reason, you cannot comply with this requirement, you cannot participate in the program until you notify us using this link and receive specific approval.

 

  1. Links on Your Site

 

(a) Special Links

 

After you have been notified that you have been accepted into the Associates Program, you are permitted to display Special Links on your Site. Special Links enable accurate tracking, reporting, and accrual of fees.  We will have no obligation to pay you fees if you fail to properly format the links on your Site to the Crave Crush Site as Special Links.

 

(b) General Requirements Applicable to All Special Links

 

Special Links may be created by you or made available to you by us. If we inform you that your Site does not qualify to use certain types of links, you must cease displaying those types of links on your Site. You are solely responsible for the content, style, and placement of each link that you place on your Site and for ensuring that Special Links (whether created by you or made available to you by us) include the appropriate formatting necessary for us to properly track referrals of our customers from your Site. For example, you must include your Associates ID or “tag” (appearing in such format as we may designate) as a parameter in the URL of each link you place on your Site to the Crave Crush Site.

 

Upon your request but subject to our approval, we may issue you additional “sub-tag” Associate IDs that permit you to monitor and optimize the performance of your Special Links by including different sub-tags in the URLs of different Special Links. Under no circumstances may you associate any sub-tag with a specific end user of your Site (e.g., you may not dynamically assign sub-tags to users as they arrive on your Site for purposes of monitoring such users’ behavior).

 

You may add or delete Products (and related Special Links) from your Site at any time without our approval. However, you may not use Special Links to link to the Crave Crush Site from references to products on your Site that are not “Products” as defined in the Associates Agreement. For example, you cannot link to the Crave Crush Site with a link for “clothes”.

 

You must remove from your Site any links and related references to limited time promotions on or before the expiration date of that promotion.

 

You must not make inaccurate, overbroad, deceptive or otherwise misleading claims about any Product, the Crave Crush Site, or any of our policies, promotions, or prices.

 

Product prices and availability may vary from time to time. Because prices for and availability of Products that you have listed on your Site may change, your Site may only show prices and availability if: (a) we serve the link in which that price and availability data are displayed, or (b) you obtain Product pricing and availability data via our proprietary application programming interfaces and other tools (collectively, the “API”) and you comply with the requirements regarding use of the API in the License.

 

In addition, if you choose to display prices for any Product on your Site in any “comparison” format (including through the use of any price-comparison tool or engine) together with prices for the same or similar products offered through any web site or other means other than the Crave Crush Site, you must display the lowest price at which the Product is available on the Crave Crush Site.

 

  1. 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 Special Links and Content on your Site in compliance with the Associates Agreement,

 

(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 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, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, 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

 

(f) any use that you make of the Content, and the Crave Crush Marks, whether or not permitted under the Associates Agreement.

 

  1. Promotional Activities

 

You will not engage in any promotional, marketing, or other advertising activities on behalf of us, or in connection with the Crave Crush Site or the Associates Program, that are not expressly permitted under the Associates Agreement.

 

  1. Use in connection with Client-side Software

 

Except as agreed between you and us in a separate written agreement referencing this Section 5, you will not use any Content or Special Link, or otherwise link to the Crave Crush Site, on or in connection with any client-side software application (e.g., a browser plug-in, helper object, toolbar, extension, component, or any other application executable or installable by an end user) on any device, including computers, mobile phones, tablets, or other handheld devices.

 

  1. Set-up or Consulting Services

 

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

 

  1. Content on Your Site.

 

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

 

(a) You will not add to, delete from, or otherwise alter any Content in any way, including by adding additional information (for example, you may not insert words into a customer review), except that you may resize Content consisting of a graphic image in a manner that maintains the original proportions of the image or truncate 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 Crave Crush Site that is not formatted as a Special Link (for example, links to privacy policy information at the bottom of banners may not be formatted as Special Links); 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.

 

(b) You will not sell, resell, redistribute, sublicense, or transfer any Content or any application that uses, incorporates, or displays any Content, API, or Data Feed. For example, you will not use, or enable, or facilitate the use of Content 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 Content to any other person or entity, nor will you create links formatted with your Associates tag for, or display such links on, a site that is not your Site.

 

(c) You will promptly remove from your Site and delete or otherwise destroy any Content that is no longer displayed on the Crave Crush Site or that we notify you is no longer available for your use.

 

(d) You will not use any Content, including any name or likeness embodied in that 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 Content).

 

(e) You will not (and you will not seek to) purchase, register or otherwise use any Crave Crush Mark (as defined in the Trademark Guidelines).

 

(f) You will not offer any person or entity any consideration, reward, or incentive (including any money, rebate, discount, points, donation to charity or other organization, or other benefit) for using Special Links. For example, you cannot implement any “rewards” or loyalty program that incentivizes persons or entities to visit the Crave Crush Site via your Special Links.

 

(g) You will not intercept, record, redirect, read, interpret, or fill in the contents of any electronic form or other material submitted to us by any person or entity.

 

(h) You will not use a link shortening service in a manner that makes it unclear that you are linking to a Crave Crush Site.

 

(i) You will not request, collect, obtain, store, cache, or otherwise use any account information used by our customers in connection with any Crave Crush Site (including any usernames or passwords of Crave Crush Site customers).

 

(j) You will not modify, redirect, suppress, or substitute the operation of any button, link, or other feature of the Crave Crush Site.

 

(k) You will not make any orders or engage in other transactions of any kind on the Crave Crush Site on behalf of any other person or entity, or authorize, assist, or encourage any other person or entity to do so.

 

(l) You will not take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (for example, search, browse, or order) are occurring.

 

(m) You will not include on your Site, display, or otherwise use Special Links or 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.

 

(n) You will not frame the Crave Crush Site, or any part of it, within your Site, including by display within an integrated web browser (e.g., WebView) within a mobile application. However, displaying a Special Link on your Site, including results from the AMA API, in accordance with Section 2 of these Participation Requirements, will not be a violation of this section.

 

(o) You will not post or serve any Special Links or other content promoting the Crave Crush Site within any pop-up or pop-under windows, transitional page ads, or layer ads.

 

(p) You will not include any Special Links in any content that you place on the Crave Crush Site (for example, in a customer review, forum, Wish List, guide, or any other customer-generated context available on the Crave Crush Site).

 

(q) You will not attempt to circumvent the Fee Statement or artificially increase your fees. For example, you cannot cause any page of the Crave Crush Site to open in a customer’s browser other than as a result of the customer clicking on a Special Link on your Site.

 

(r) You will not attempt to intercept or redirect (including via software installed on users’ computers) traffic from or on, or divert fees from, any site that participates in the Associates Program.

 

(s) You will not artificially generate clicks or impressions on your Site or create Sessions on the Crave Crush Site, whether by way of a robot or software program or otherwise.

 

(t) You will not display or otherwise use any of our customer reviews, in part or in whole, on your Site unless you have obtained a link to that customer review through the API and you comply with the requirements for the API described in the License.

 

(u) You will not directly or indirectly purchase any Product(s) through Special Links, whether for your use of for the use of any other person or entity, and you will not permit, request or encourage any of your friends, relatives, employees, contractors, or business relations to directly or indirectly purchase any Product(s) through Special Links, whether for their use, your use or the use of any other person or entity. Further, you will not purchase any Product(s) through Special Links for resale or commercial use (of any kind) or offer any Products on your Site for resale or commercial use of any kind.

 

(v) You will not cloak, hide, spoof, or otherwise obscure the URL of your Site containing Special Links (including by use of Redirecting Links) or the user agent of the application in which Content is displayed or used such that we cannot reasonably determine the site or application from which a customer clicks through such Special Link to the Crave Crush Site.

 

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

 


 

Associates Program Trademark Guidelines

(“Trademark Guidelines”)

 

Strict compliance with these Trademark Guidelines is required at all times, and any use of those of our trademarks and logos that we may make available to you as part of Content (those trademarks and logos, collectively, “Crave Crush Marks”) in violation of these Trademark Guidelines will automatically terminate any license related to your use of the Crave Crush Marks.

 

  1. YOU ARE ALLOWED TO USE THE CRAVE CRUSH MARKS ONLY BY DISPLAY ON YOUR SITE WITH THE PURPOSE OF ADVERTISING AVAILABILITY OF PRODUCTS ON OUR SITES, WITH A CORRESPONDING LINK TO THAT SITE.

 

  1. Your use of the Crave Crush Marks must (i) comply with the most up-to-date version of these Trademark Guidelines; and (ii) comply with all Program Documents (as defined in the Fee Statement).

 

  1. You cannot use or display any Crave Crush Mark for any purpose or in any manner not specifically authorized under the Program Documents. For example, you cannot make any use or display (i) that implies sponsorship or endorsement by us; (ii) to disparage us or our products; (iii) that may, as determined by us, diminish or otherwise damage our goodwill in any Crave Crush Mark; or (iv) in any offline materials.

 

  1. You may display a Crave Crush Mark only in the exact format in which we provide it to you. You may not alter any Crave Crush Mark in any manner. For example, you cannot change the proportion, color, or font of any Crave Crush Mark, or add or remove any elements from any Crave Crush Mark.

 

  1. Each Crave Crush Mark must appear by itself, in its entirety, with reasonable spacing between each side of the Crave Crush Mark and other visual, graphic, or textual elements. Under no circumstance can any Crave Crush Mark be placed on any background that interferes with the readability or display of that Crave Crush Mark.

 

  1. Together with each piece of content on your Site that includes any Crave Crush Marks, you must prominently include a statement stating that those Crave Crush Marks are trademarks of Crave Crush.com, Inc. or its affiliates. For example, if your website displays the Crave Crush.com logo, you would include the following statement on the same site page: “Crave Crush and the Crave Crush logo are trademarks of Crave Crush, LLC.”

 

  1. All rights to the Crave Crush Marks are our exclusive property, and all goodwill generated through your use of any Crave Crush Mark will inure to our exclusive benefit. You will not take any action that conflicts with our rights in, or ownership of, any Crave Crush Mark.

 

  1. You cannot display or otherwise use any trademark or logo of any third party seller or vendor on the Crave Crush Site in connection with any Special Link unless you have obtained from that seller specific written authorization to do so.

 

  1. You cannot use any trademark of Crave Crush, or a variant or misspelling of such a trademark:

 

(a) In any domain name or subdomain name (for example, you cannot use a domain name or subdomain name such as “kravekrush.com”, “cravecrush.mydomain.info”, or “Crave Crush.blogspot.com”);

 

(b) In any username, group name, or other identifier on any social networking site (for example, you cannot use a username such as “Crave Crush Japan”, “Crave Crush Seller”, or “@BuyCraveCrushFromMe” on a site such as Facebook, Twitter, Instagram, or YouTube); or

 

(c) In any application name (for example, you cannot use an application name such as “Shop Crave Crush App”, or “Crave Crush Shop”.

 

We reserve the right to modify the approved Crave Crush Marks, at any time and in our sole discretion, by revising these Program Policies.   We reserve the right to take appropriate action against any use without permission or any use that does not conform to these Guidelines, at any time and in our sole discretion.

 


 

Associates Program IP License

(“License”)

 

This License governs your use of Content in connection with your participation in the Associates Program.   By accepting the Associates Agreement, or by accessing or using the Content, including the API that permit you to access and use certain types of data, images, text, and other information and content relating to Products (“Product Advertising Content”) which we may make available to you, you agree to be bound by this License.

 

  1. Limited License to Content

 

Solely for the limited purposes of participation in the Associates Program and in compliance with and subject to the terms and conditions of the Associates Agreement (including this License and the other Program Policies), we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to: (a) copy and display Content solely on your Site; (b) use only those of the Crave Crush Marks (as defined in the Trademark Guidelines) Trademark Guidelines,

 

You will use Content solely in accordance with the terms of the Associates Agreement and within the express scope of the license granted herein. Without limiting the foregoing, you will (a) use Content solely to send end users and sales to the Crave Crush Site and will not link any Content to, or in conjunction with any Content, direct traffic to any page of a site other than the Crave Crush Site (however, parts of your Site that are not closely associated with the Content may contain links to sites other than the Crave Crush Site) and (b) link each use of the Content solely to the related Product detail page or other relevant page of the Crave Crush Site and not to any other page.

 

The License will immediately and automatically terminate if at any time you do not timely comply with any obligation under the Program Documents (as defined in the Fee Schedule) or, or otherwise upon termination of the Associates Agreement. In addition, we may terminate the License in whole or in part upon written notice to you. You will promptly stop using the Content (including the API and Data Feed) and promptly remove from your Site and delete or otherwise destroy all of the Content and Crave Crush Marks with respect to which the License is terminated or as we may otherwise request from time to time.

 

  1. API Usage Requirements

 

(a) Description:  Data, images, audio, video, logos, user interface designs, and other creative designs; and textual materials, such as textual Product information.

 

In addition to the foregoing Product Advertising Content and access to the API, we may make available from time to time for use in connection with the API sample source code and libraries, each of which will be made available to you under a separate license that accompanies each sample source code or library, as applicable. In connection with the API, we may also make available specifications, user manuals, guides, supporting materials, and other information, regardless of format, describing the operational and functional capabilities, use limitations, technical and engineering requirements, and testing and performance criteria relevant to the proper use of the API (collectively, “Specifications”). “Product Advertising Content,” as used in this License Agreement, specifically excludes any sample source code or libraries we make available to you under a separate license and any Specifications that we make available. It also specifically excludes any data, images, text, or other information or content relating to products offered on any site other than the Crave Crush Site.

 

(b) Obtaining Product Advertising Content. 

 

You must use both a unique public key/private key pair (each key pair, an “Account Identifier”) and an Associates tag parameter (the Associate ID issued to you under the Crave Crush Associates Program) to identify your account and make calls to the API. You may obtain your Account Identifiers through the API account creation process.

 

If you obtain Product Advertising Content through a Data Feed, you must use a unique username/ password combination to access the Data Feed (“Data Feed Access ID”). You must obtain your Data Feed Access ID as part of the Data Feed approval process.

 

We may change your Account Identifiers or Data Feed Access ID from time to time. An Account Identifier that is a private key or a Data Feed Access ID that is a password is for your personal use only, and you must maintain its secrecy and security. You may not sell, transfer, sublicense, or otherwise disclose your private key or password to any other person or entity. An Account Identifier that is a public key or a Data Feed Access ID that is a username is not secret.

 

You are responsible for all activities that occur under your Account Identifiers and/or Data Feed Access ID, as applicable, regardless of whether those activities are undertaken by you or any other person or entity. Therefore, you should contact us immediately if you believe that someone other than you may be using your private key or password, or if your private key or password is otherwise disclosed, lost, or stolen. You may not use any Associates tag parameter, Account Identifier, or Data Feed Access ID assigned to anyone other than you or that we did not specifically assign to you.

 

(c) Usage Requirements.

 

  1. You will use Product Advertising Content only in a lawful manner in accordance with and within the express scope of the terms of this License. You will not use the API, Data Feed, or Product Advertising Content with any site or application, or in any other manner, that does not have the principal purpose of advertising and marketing the Crave Crush Site and driving sales of products on the Crave Crush Site.

 

  1. You will comply with all pages, schedules, policies, guidelines, and other documents and materials, including all Specifications, referenced in this License and the Program Policies.

 

iii. You will link each use of Product Advertising Content to, and only to, the relevant page of the Crave Crush Site (for example, the relevant Product detail page or other page to which particular Product Advertising Content most directly relates), and you will not link any Product Advertising Content to, or in conjunction with any Product Advertising Content direct traffic to, any page of a site other than the Crave Crush Site (however, parts of your application that are not closely associated with Product Advertising Content may contain links to sites other than the Crave Crush Site).

 

(d) You will not, without our express prior written approval, use any Product Advertising Content on or in connection with any site or application designed or intended for use with a mobile phone or other handheld device (which prohibition apply neither to any site that is not designed or intended for use with such devices but that may be accessible by such devices, such as a non-mobile-optimized site accessed via an internet browser on a tablet device.

 

(e) You will not, without our express prior written approval, access or use the API or Data Feed for the purpose of aggregating, analyzing, extracting, or repurposing any Product Advertising Content or in connection with any software or other application intended for use by persons or entities that offer products on the Crave Crush Site.

 

(f) You will not (i) interfere, or attempt to interfere, in any manner with the functionality or proper working of the API; (ii) compile or use Product Advertising Content for the purpose of direct marketing, spamming, unsolicited contacting of sellers or customers, or other advertising activities; or (iii) remove, obscure, alter, or make invisible, illegible, or indecipherable, any notice, including any notice of intellectual property or proprietary right, appearing on or contained within the API, Data Feed, Product Advertising Content, or Specifications.

 

(g) You will not, and will not attempt to (i) modify, alter, tamper with, repair, or otherwise create derivative works of the Specifications or any software included in Product Advertising Content; or (ii) reverse engineer, disassemble, decompile, or otherwise derive any source code of or relating to the API, Data Feed, or any software included in Product Advertising Content.

 

(h) You will not store or cache Product Advertising Content consisting of an image, but you may store a link to Product Advertising Content consisting of an image for up to 24 hours. You may store other Product Advertising Content that does not consist of images for caching purposes for up to 24 hours, but if you do so you must immediately thereafter refresh and re-display the Product Advertising Content by making a call to the API or retrieving a new Data Feed and refreshing the Product Advertising Content on your application immediately thereafter. Unless otherwise notified by us, you may store individual Crave Crush Standard Identification Numbers (ASINs) for an indefinite period until the termination of this License. Notwithstanding the foregoing, if your application includes a client application, the client application may not store or cache Product Advertising Content. Upon our request you will, within three business days of our request, furnish us with a copy of any client application that includes or uses Product Advertising Content for the purpose of verifying your compliance with this License.

 

(i) You will include a date/time stamp adjacent to your display of pricing or availability information on your application if you obtain Product Advertising Content from a Data Feed, or if you call the API or refresh the Product Advertising Content displayed on your application less frequently than hourly. However, during the same day on which you requested and refreshed the pricing and availability information displayed on your application, you may omit the date portion of the stamp.  Additionally, you must either include the following disclaimer adjacent to the pricing or availability information or provide it via a hyperlink, pop-up box, scripted pop-up, or other similar method: "Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on [relevant Crave Crush Site(s), as applicable] at the time of purchase will apply to the purchase of this product." "Details" or "More info" may provide a method for the end user to read the disclaimer.

 

(j) You will not exceed, or if you build and release an application that calls the API, each copy of that application that is installed by an end user will not exceed, any limit on calls per second set forth in any Specifications (or that we otherwise notify you apply) and you will not send files to or from the API that are greater than 40K without our prior written approval.

 

(k) If you display Product Advertising Content consisting of text on your application, you will include the following disclaimer in plain view to end users of your application: “CERTAIN CONTENT THAT APPEARS [IN THIS APPLICATION or ON THIS SITE, as applicable] COMES FROM CRAVE CRUSH, LLC. THIS CONTENT IS PROVIDED ‘AS IS’ AND IS SUBJECT TO CHANGE OR REMOVAL AT ANY TIME.”   You agree to provide us with any information that we request to verify your compliance with this License.

 

(l) We may terminate this License if we determine that you or other persons that we determine are affiliated with you or acting in concert with you (whether in respect to any existing or previously terminated account):

 

  1. have not complied with any requirement or restriction described in this License or any Program Policies or have otherwise violated this License;

 

  1. have not complied with any requirement or restriction in, or otherwise violated, any license agreement governing your access and use the APIs provided by any of our affiliates; or

 

iii. have not complied with any requirement or restriction in, or otherwise violated, any agreements governing participation in any Associates Program offering provided by us or any of our affiliates.

 

  1. Reservation of Rights; Your Submissions

 

Other than the limited licenses expressly set forth herein, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to, and you do not, by virtue of this License or otherwise, acquire any ownership interest or rights in or to, the Associates Program, Special Links, link formats, Content, API, Data Feeds, Product Advertising Content, any domain name owned or operated by us, information and materials on any Crave Crush Site, our trademarks and logos (including the Crave Crush Marks), and any other intellectual property and technology that we provide or use in connection with the Associates Program (including any application program interfaces, software development kits, libraries, sample code, and related materials).

 

If you provide us with suggestions, reviews, modifications, data, images, text, or other information relating to any Content or in connection with your participation in the Associates Program, or if you modify any Content in any way (collectively, “Your Submission”), you hereby irrevocably assign to us all right, title, and interest in and to Your Submission and grant us (even if you have designated Your Submission as confidential) a perpetual, paid-up royalty-free, nonexclusive, worldwide, irrevocable, freely transferable right and license to: (a) use, reproduce, perform, display, and distribute Your Submission in any manner; (b) adapt, modify, re-format, and create derivative works of Your Submission for any purpose; (c) use and publish your name in the form of a credit in conjunction with Your Submission (however, we will not have any obligation to do so); and (d) sublicense the foregoing rights to any other person or entity.  Additionally, you hereby warrant that: (y) Your Submission is your original work, or you obtained Your Submission in a lawful manner and (z) our and our sublicensees’ exercise of rights under the license above will not violate any person’s or entity’s rights, including any copyright rights. You agree to provide us such assistance as we may require to document, perfect, or maintain our rights in and to Your Submission.

 

 

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