|Conversion action||Online purchase with processed valid payment|
|Cookie days||30 day(s)|
|Commission type||Percent of Sale|
|Additional terms||Commission will be payable after 30 days to ensure the customer does not return or exchange the item. Please note Discounted Items, Sale or Clearance items, or orders placed with a Discount Code are not eligible for commission. The use of the terms "Bikini Luxe" in the creation of any social media accounts, paid advertising, and bidding placed on Google, Yahoo, Bing, or any other search engine is not allowed. Disqualified Purchases Notwithstanding the foregoing, Qualifying Purchases are disqualified whenever they occur in connection with a violation of this Affiliates Program Fee Statement or any other terms, conditions, specifications, statements, and policies that we may issue from time to time that apply to the Affiliates Program, including the most up-to-date version of the Affiliates Operating 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 Bikini Luxe 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 Affiliates Program. (a) any Product purchased after termination of your Affiliates Operating Agreement, (b) any Product order that is canceled or returned, (c) any Product purchased by a customer who is referred to an Bikini Luxe Site through any advertisement that you purchased through participation in bidding or auctions on keywords, search terms, or other identifiers that include the word “Bikini Luxe”, or “BikiniLuxe”, or any other trademark of Bikini Luxe or its affiliates or variations or misspellings of any of those words (e.g., “bikiini luxe”, “biniki luxe”, “bikiniluxe”, and “luxebikini”) (all, a “Prohibited Paid Search Placement”), (d) any Product purchased by a customer who is referred to an Bikini Luxe 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 an Bikini Luxe Site by a link that sends users indirectly to the Bikini Luxe 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 that is labeled as sale, clearance, or is purchased with the use of a discount code, (g) any Product purchased by a customer, where such customer does not comply with the terms and conditions applicable to the Bikini Luxe Site. Please also refrain from the use of redirects and any type of cloaking as it would be harmful to our website. Any affiliates found to be using these types of redirect links will be terminated, Thank you for your understanding!|
The Bikini Luxe affiliate program is absolutely FREE and enables members to quickly earn money by placing a link or links on their Website, Blog or even Social Media page, which advertises Bikini luxe. Eligible sales made to customers who have clicked on those links will earn the affiliate commission.
Any click that is made will stay in the system for 30 days. At anytime if that customer comes back and purchases eligible items on the website you will be paid a 10 percent commission on eligible items that they purchase! This can add up very fast!
Updated: May 1, 2017.
Welcome to Bikini Luxe’s website for Affiliates (the “Affiliates Site”), where you can manage your affiliate marketing relationship with Bikini Luxe LLC or any of its affiliate companies (excluding those affiliates that sell retail products), as the case may be (“Bikini Luxe” or “us” or similar terms).
Any person or entity that participates or attempts to participate in our Affiliate marketing program (the “Affiliate Program” and such person or entity, “you”, or an “Affiliate”) must accept this Affiliates Operating Agreement (this “Agreement”) without change. By registering for or using the Affiliates Site, you agree to this Agreement, including the Program Policies (defined in Section 11), which are incorporated by reference (for example, our Affiliates Program Participation Requirements, Affiliates Program IP License, Affiliates Program Fee Statement, and Affiliates Program Trademark Guidelines.) Please read them carefully.
The Affiliates Program permits you to monetize your website, social media user-generated content, or online software application (referred to here as your “Site”), by placing links to the BikiniLuxe.com website or any other U.S. site which is included in the Affiliates Program Fee Statement (each an “Bikini Luxe Site”) on your Site. The links must properly use the special “tagged” link formats we provide and comply with this Agreement (“Special Links”).
When our customers click through the Special Links to purchase an item sold or services offered on the Bikini Luxe Site (a “Product”) or take other actions, you can receive program fees for qualifying purchases, as further described in (and subject to the limitations in) the Affiliates Program Fee Statement. In order to facilitate your advertisement of Products, we may make available to you data, images, text, link formats, widgets, links, marketing content, and other linking tools, application program interfaces, and other information in connection with the Affiliates Program (“Content”). Content specifically excludes any data, images, text, or other information or content relating to product offerings on any site other than the Bikini Luxe Site.
You must comply with this Agreement, including all Program Policies to participate in the Affiliates Program and receive fees. You must promptly provide us with any information that we request to verify your compliance with this Agreement.
If you violate this Agreement, or if you violate terms and conditions applicable to any other Bikini Luxe marketing program then, in addition to any other rights or remedies available to us, we reserve the right to withhold (and you agree you will not be eligible to receive) any and all fees otherwise payable to you under this Agreement, whether or not directly related to such violation.
Our customers are not, by virtue of your participation in the Affiliates Program, your customers. As between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the Bikini Luxe Site will apply to those customers, and we may change them at any time. You will not handle or address any contacts with any of our customers, and, if contacted by any of our customers for a matter relating to interaction with an Bikini Luxe Site, you will state that those customers must follow contact directions on that Bikini Luxe Site to address customer service issues.
You represent, warrant, and covenant that (a) you will participate in the Affiliates Program and create, maintain, and operate your Site in accordance with this Agreement, (b) neither your participation in the Program nor your creation, maintenance, or operation of your Site will violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any applicable governmental authority (including all such rules governing communications and marketing), (c) you are lawfully able to enter into contracts (e.g. you are not a minor) and (d) the information you provide in connection with the Affiliates Program is accurate and complete at all times. You can update your information by logging into your account on the Affiliates Site and selecting “Account Settings”.
We do not make any representation, warranty, or covenant regarding the amount of traffic or fees you can expect at any time in connection with the Affiliates Program, and we will not be liable for any actions you undertake based on your expectations.
You must clearly state the following on your Site or any other location where Bikini Luxe may authorize your display or other use of Content: “We are a participant in the Bikini Luxe LLC Affiliates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Bikini Luxe.com and affiliated sites.” Except for this disclosure, you will not make any public communication with respect to this Agreement or your participation in the Affiliates Program. You will not misrepresent or embellish our relationship with you (including by expressing or implying that we support, sponsor, or endorse you), or express or imply any affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.
The term of this Agreement will begin upon your registration on or use of the Affiliates Site and will end when terminated by either you or us. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You can provide termination notice by logging into your account on the Affiliates Site and selecting the option to close your account in “Account Settings”.
We may hold accrued unpaid advertising fees for a reasonable period of time following termination to ensure that the correct amount is paid (for example, to account for any cancellations or returns).
Upon any termination of this Agreement, all rights and obligations of the parties will be extinguished, including any and all licenses granted in connection with this Agreement, except that the rights and obligations of the parties under Sections 3, 4, 5, 6, 7, 8, 10, and 11 of this Agreement, Sections 4 and 6 of the Affiliates Program Participation Requirements, Section 3 of the Affiliates Program IP License, together with any payable but unpaid payment obligations under this Agreement, will survive the termination of this Agreement. No termination of this Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Agreement prior to termination.
The following purchases that would otherwise be Qualified Purchases are disqualified and excluded from the Affiliates Program.
(a) any Product purchased after termination of your Affiliates Operating Agreement,
(b) any Product order that is canceled or returned,
(c) any Product purchased by a customer who is referred to an Bikini Luxe Site through any advertisement that you purchased through participation in bidding or auctions on keywords, search terms, or other identifiers that include the word “Bikini Luxe”, or “BikiniLuxe”, or any other trademark of Bikini Luxe or its affiliates or variations or misspellingsof any of those words (e.g., “bikiini luxe”, “biniki luxe”, “bikiniluxe”, and “luxebikini”) (all, a “Prohibited Paid Search Placement”),
(d) any Product purchased by a customer who is referred to an Bikini Luxe 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 an Bikini Luxe Site by a link that sends users indirectly to the Bikini Luxe 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 that is labeled as sale, clearance, or is purchased with the use of a discount code,
(g) any Product purchased by a customer, where such customer does not
comply with the terms and conditions applicable to the Bikini Luxe Site.
THE AFFILIATES PROGRAM, THE BIKINI LUXE SITE, ANY PRODUCTS AND SERVICES OFFERED ON THE BIKINI LUXE SITE, ANY SPECIAL LINKS, LINK FORMATS, CONTENT, THE PRODUCT ADVERTISING API, DATA FEED, PRODUCT ADVERTISING CONTENT, OUR AND OUR AFFILIATES’ DOMAIN NAMES, TRADEMARKS AND LOGOS (INCLUDING THE BIKINI LUXE MARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE AFFILIATES PROGRAM (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE AFFILIATES PROGRAM, CONTENT, THE PRODUCT ADVERTISING API, DATA FEED, PRODUCT ADVERTISING CONTENT, PROGRAM POLICIES, THE AFFILIATES SITE, OR ANY BIKINI LUXE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATES PROGRAM, OR (Z) ANY TERMINATION OR SUSPENSION OF YOUR PARTICIPATION IN THE AFFILIATES PROGRAM.
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THE SERVICE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THE SERVICE OFFERINGS WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED. YOU HEREBY WAIVE ANY RIGHT OR REMEDY IN EQUITY, INCLUDING THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN CONNECTION WITH THIS AGREEMENT.
WE WILL HAVE NO LIABILITY FOR ANY MATTER DIRECTLY OR INDIRECTLY RELATING TO THE CREATION, MAINTENANCE, OR OPERATION OF YOUR SITE OR YOUR VIOLATION OF THIS AGREEMENT (INCLUDING ANY PROGRAM POLICY), AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES AND 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, CONTENT, 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, (C) YOUR USE OF ANY CONTENT, WHETHER OR NOT SUCH USE IS AUTHORIZED BY OR VIOLATES THIS AGREEMENT, ANY OPERATIONAL DOCUMENTATION, OR APPLICABLE LAW, (D) YOUR VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT (INCLUDING ANY PROGRAM POLICY), OR (E) YOUR OR YOUR EMPLOYEES' OR CONTRACTORS’ NEGLIGENCE OR WILLFUL MISCONDUCT.
Any dispute relating in any way to the Affiliates Program or this Agreement will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law and the laws of the state of Washington, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us.
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. 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. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we 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.
We 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, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Notwithstanding anything to the contrary in this Agreement, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.
By accepting this Agreement, you hereby consent to us: (a) sending you emails relating to the Affiliates Program from time to time, (b) monitoring, recording, using, and disclosing information about your Site and users of your Site that we obtain in connection with your display of Special Links and Content (for example, that a particular Bikini Luxe customer clicked through a Special Link from your Site before buying a Product on the Bikini Luxe Site) in accordance with the Bikini Luxe.com Privacy Notice, (c) reviewing, monitoring, crawling, and otherwise investigating your Site to verify compliance with this Agreement, and (d) using, reproducing, distributing, and displaying your implementation of Content displayed on your Site as examples of best practices in our educational materials.
You acknowledge and agree that (a) we and our affiliates may at any time (directly or indirectly) solicit traffic on terms that may differ from those contained in this Agreement, (b) we and our affiliates may at any time (directly or indirectly) operate sites or applications that are similar to or compete with your Site, (c) our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement, and (d) any determinations or updates that may be made by us, any actions that may be taken by us, and any approvals that may be given by us under this Agreement can be made, taken, or given in our sole discretion and are only effective if provided in writing by our authorized representative.
You may not assign this Agreement, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
This Agreement incorporates, and you agree to comply with, the most up-to-date version of all policies, appendices, specifications, guidelines, schedules, and other rules referenced in this Agreement or accessible on the Affiliates Site (“Program Policies”), including any updates of the Program Policies from time to time. In the event of any conflict between this Agreement and any Program Policy, this Agreement will control. This Agreement (including the Program Policies) is the entire agreement between you and us regarding the Affiliates Program and supersedes all prior agreements and discussions.
Whenever used in this Agreement, the terms “include(s)”, “including”, and “for example” are used and intended without limitation. All non-public information provided by us in connection with this Agreement or the Affiliates Program is considered confidential information, and you will maintain the same in strict confidence and not disclose the same to any third party (other than your affiliates) or use the same for any purpose other than your performance under this Agreement, which restriction will be in addition to the terms of any confidentiality or non-disclosure agreement between the parties.
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates’ behalf. You will not make any statement, whether on your Site or otherwise, that contradicts or may contradict anything in this paragraph. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Agreement, you will be deemed to have taken the action yourself.
We reserve the right to modify any of the terms and conditions contained in this Agreement (including those in any Program Policy) at any time and in our sole discretion by posting a change notice, revised Agreement, or revised Program Policy on the Affiliates Site or by sending notice of such modification to you by email to the primary email address then-currently Affiliated with your Affiliates account (any such change by email will be effective on the date specified in such email but will in no event be less than two business days after the date the email is sent). YOUR CONTINUED PARTICIPATION IN THE AFFILIATES PROGRAM FOLLOWING THE EFFECTIVE DATE OF SUCH NOTICE WILL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFICATIONS. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 6.
Affiliates Program Policies
Affiliates Program Fee Statement
Affiliates Program Participation Requirements
Affiliates Program Products Statement
Affiliates Program Mobile Application Policy
Affiliates Program Trademark Guidelines
Affiliates Program IP License
Affiliates Program CPM Ads Policy
These Affiliates Program policies (“Program Policies”) are incorporated by reference in the Affiliates Operating Agreement and capitalized terms used in these Program Policies and not otherwise defined here will have the definitions provided in the Agreement.
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 an Bikini Luxe 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) 30 Days elapse from that click, (y) our customer places an order for a Product, or (z) our customer follows a Special Link to the Bikini Luxe Site that is not your Special Link (a “Session”), any of the following happens:
i. our customer purchases a Product via our 1-Click feature, or
ii. 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, or
iii. with respect to Digital Products, our customer purchases such a Product by streaming or downloading it from an Bikini Luxe Site; and
iiii. 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, less any shipping charges, gift-wrapping fees, taxes, service charges, rebates, credit card processing fees, and bad debt.
2. Disqualified Purchases
Notwithstanding the foregoing, Qualifying Purchases are disqualified whenever they occur in connection with a violation of this Affiliates Program Fee Statement or any other terms, conditions, specifications, statements, and policies that we may issue from time to time that apply to the Affiliates Program, including the most up-to-date version of the Affiliates Operating 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 Bikini Luxe 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 Affiliates Program.
(a) any Product purchased after termination of your Affiliates Operating Agreement,
(b) any Product order that is canceled or returned,
(c) any Product purchased by a customer who is referred to an Bikini Luxe Site through any advertisement that you purchased through participation in bidding or auctions on keywords, search terms, or other identifiers that include the word “Bikini Luxe”, or “BikiniLuxe”, or any other trademark of Bikini Luxe or its affiliates or variations or misspellings of any of those words (e.g., “bikiini luxe”, “biniki luxe”, “bikiniluxe”, and “luxebikini”) (all, a “Prohibited Paid Search Placement”),
(d) any Product purchased by a customer who is referred to an Bikini Luxe 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 an Bikini Luxe Site by a link that sends users indirectly to the Bikini Luxe 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 that is labeled as sale, clearance, or is purchased with the use of a discount code,
(g) any Product purchased by a customer, where such customer does not comply with the terms and conditions applicable to the Bikini Luxe Site.
3. Standard Program Fees
Subject to the limitations described in this Fee Statement and compliance with the Affiliates Program Operating Agreement, we will pay you standard fees described in this section (”Standard Program Fees”), calculated as a percentage of Qualifying Revenue, as follows:
For Qualifying Purchases of Products within product categories specified below, the Standard Program Fees accrued will be the corresponding fixed rate of Qualifying Revenue specified in this table:
Fixed Standard Program Fee Rates for Specific Product Categories
Gift Cards 0%
Swimwear, Clothing, and Accessories 10%
All Other Categories 10%
4. Special Program Fees
From time to time, we may run general special programs that may provide all or some Affiliates the opportunity to earn additional or alternative fees (“Special Program Fees”). For the avoidance of doubt (and notwithstanding any time period described in this section), Bikini Luxe 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.
Bikini Luxe will determine in its sole discretion, in each case, whether a Bounty Event has occurred or has been disqualified due to a violation or other abuse (for example, registrations made using invalid email addresses, use of bots or automated software, multiple Bounty Events by a single person, repetitive Bounty Events, Bounty Events from your IP address, and Bounty Events that do not result from Special Links on your Site).
Special Links to the bounty-specific homepages listed in Table 2 and Table A are permitted in connection with the corresponding bounty, notwithstanding the Affiliates Program Participation Requirements.
(b) Exchange Program
Bikini Luxe’s trade-in program allows customers to trade-in eligible Products in exchange for Bikini Luxe gift cards.
You will earn the Special Program Fee Rates described in this Section 4(b) in connection with “Exchange Events” which occur when (1) our customer clicks through a Special Link on your Site to an Bikini Luxe Site and (2) during the resulting Session our customer adds a product to his or her exchange shopping cart and then submits a exchange request that Bikini Luxe accepts.
Bikini Luxe will determine in its sole discretion, in each case, whether a Exchange Event has occurred or has been disqualified due to violation of the Program Documents or the Bikini Luxe Return Policy Terms and Conditions.
TABLE 3 – Special Program Fee Rates for Trade-In Events
Orders Returned for Exchange 5%
5. Additional or Alternative Fee Arrangements and Fee Statement Modifications
From time to time, we may offer or impose upon one or more Affiliates 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, (ii) sent by Bikini Luxe to the primary email address on your Affiliates account, or (iii) posted on the Affiliates Site.
We reserve the right pursuant to the 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 Affiliates 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.
6. Program Fee Limitations
From time to time, we may impose limits on Affiliates’ opportunity to earn Standard Program Fees or Special Program Fees. For the avoidance of doubt (and notwithstanding any time period described in this section), Bikini Luxe reserves the right to discontinue or modify all or part of any limitation at any time.
The following fee limitations are currently applicable to all Affiliates:
(a) Sale Promotions
You will not be eligible to receive any Standard Program Fees or Special Program Fees for any month if we determine that your Site is primarily promoting free swimsuits and during that month (i) 2 or more free swimsuits are ordered during Sessions attributed to your Special Links.
7. 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 60 days following the end of each calendar month in which they were earned by the method described below that you have selected:
Option 1: Payment by Paypal We will directly deposit the fees you earn into the bank account you designate once you have provided us with the Paypal e-mail you would like funds sent to. If you have chosen payment by Paypal and you do not provide this information, or it is not valid (for example, the account has been closed or changed), or the payment is otherwise rejected by your bank, you may instead receive payment by Bikini Luxe Gift Card which will be subject to the processing fees described below until you provide valid account information. If you select this option, we reserve the right to hold fees until the total amount due to you is at least $10.
Option 2: Payment by Bikini Luxe.com Gift Card. We will send you gift cards in the amount of the fees you earn to the primary email address on your Affiliates account. These gift cards are redeemable for products on Bikini Luxe.com and are subject to our then-current Gift Cards Terms and Conditions. If you select this option, we reserve the right to hold fees until the total amount due to you is at least $10.
If you do not select and maintain information for a payment option, we will hold earned fees until you make your selection.
If at any time there has been no substantial activity on your account for at least 6 months, then we will have the right to withhold the accrued fees for your inactive account, up to a maximum closure withholding of $10. 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 Affiliates 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 Agreement, will constitute full payment and settlement to you of amounts payable under the 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 Agreement.
Enrollment and Eligibility
To begin the enrollment process, you must submit a complete and accurate Affiliates 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 Affiliates 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 Bikini Luxe or its affiliates, or a variant or misspelling of a trademark of Bikini Luxe or its affiliates in any domain name, subdomain name, in any “tag” or Affiliates ID, or in any username, group name, or other identifier on any social networking site (see a non-exhaustive list of our trademarks); or
(h) otherwise violate any intellectual property rights.
We will determine suitability at our sole discretion. If we reject your application due to unsuitable content, you may reapply at any time. However, if at any time we 1) reject your application or 2) terminate your account in connection with any unsuitability or abuse (as determined in our sole discretion), you cannot attempt to re-join the Affiliates Program without our advance authorization. Advance authorization may be initiated by completing the Contact Affiliates Customer Service form available. We reserve the right to withhold fees for future unauthorized Program activity.
You will ensure that the information in your Affiliates Program application and information otherwise Affiliated with your account on the Affiliates Site, including your email address, other contact information, and identification of your Site, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Affiliates Program and the Agreement to the email address then-currently Affiliated 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 Affiliated with your account is no longer current.
If you are a Non-US person participating in the Affiliates Program, you agree that you will perform all services under the Operating 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.
2. Mobile Applications
If you wish to include Special Links in a software application designed and intended for use on mobile phones, tablets, or other handheld devices (a “Mobile Application”), you must include the name of the Mobile Application and the link to your Mobile Application in your application to the Affiliates Program. The suitability and other requirements of this Section 2 and the Mobile Application Policy will apply to Mobile Applications. We will evaluate your application and notify you of its acceptance or rejection. A Mobile Application that is accepted will be an “Approved Mobile Application” for purposes of the Affiliates Operating Agreement.
3. Links on Your Site
After you have been notified that you have been accepted into the Affiliates Program, you are permitted to display Special Links on your Site. Special Links enable accurate tracking, reporting, and accrual of fees.
Special Links displayed in Approved Mobile Applications may be served by the Bikini Luxe Mobile Affiliates API (“AMA API”), or the PA API (as defined in the License), including any Special Links displayed within an integrated web browser, and must use the Affiliates ID we have assigned to you expressly for your Approved Mobile Applications.
We will have no obligation to pay you fees if you fail to properly format the links on your Site to the Bikini Luxe 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 Affiliates ID or “tag” (appearing as XXXXX-20, or such other format as we may designate) as a parameter in the URL of each link you place on your Site to the Bikini Luxe Site.
Upon your request but subject to our approval, we may issue you additional “sub-tag” Affiliate 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 Affiliate 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 Bikini Luxe Site from references to products on your Site that are not “Products” as defined in the Agreement. For example, you cannot link to the Bikini Luxe Site with a link for “shoes”, however you can link to the Bikini Luxe Site with a Special Link to a specific shoe Product detail page.
You must remove from your Site any links and related references to limited time promotions on or before the expiration date of that promotion. For example, if you include links to Products in the apparel category of the Bikini Luxe Site and mention that there is 15% off select products in Bikini Luxe’s apparel category, you must immediately remove the mention of the 15% discount from your Site on or before the expiration date of that promotion.
You must not make inaccurate, overbroad, deceptive or otherwise misleading claims about any Product, the Bikini Luxe Site, or any of our policies, promotions, or prices. For example, if you include on your Site a link to a 20 GB MP3 player sold on the Bikini Luxe Site, you may not state that the MP3 player has 30 GB of memory.
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 the PA API and you comply with the requirements regarding use of the PA 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 Bikini Luxe Site, you must display both the lowest “new” price and, if we provide it to you, the lowest “used” price at which the Product is available on the Bikini Luxe Site.
(c) Requirements Applicable to Specific Link Types We Make Available to You.
Links that Dynamically Generate Products: Certain types of links that we may make available to you dynamically generate particular Products to display based on a contextual analysis of the page on which they appear. Bikini Luxe will crawl or otherwise monitor your Site and store gathered content to implement these types of links and to improve dynamic generation and the Affiliates Program. If you implement mechanisms that prevent us from crawling or otherwise monitoring your Site, you agree that these types of links may not function properly, and you will be solely responsible for any such malfunction.
4. 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:
the technical operation of your Site and all related equipment,
displaying Special Links and Content on your Site in compliance with the Affiliates Operating Agreement, all applicable laws (including the US FTC Guides Concerning the Use of Endorsement and Testimonials in Advertising), 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 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 Affiliate 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),
any use that you make of the Content, and the Bikini Luxe Marks, whether or not permitted under the Affiliates Operating Agreement.
5. You will not engage in any promotional, marketing, or other advertising activities on behalf of us or our affiliates, or in connection with the Bikini Luxe Site or the Affiliates Program, that are not expressly permitted under the Affiliates Operating Agreement. For example, you will not engage in any promotional, marketing, or other advertising activities in any offline manner, including by using any of our or our affiliates’ trademarks or logos (including any Bikini Luxe Mark), any Content, or any Special Link in connection with an offline promotion or in any other offline manner (e.g., in any printed material, mailing, SMS, MMS, email or attachment to email, or other document, or any oral solicitation).
6. Except as agreed between you and us in a separate written agreement referencing this Section 6, you will not use any Content or Special Link, or otherwise link to the Bikini Luxe Site, on or in connection with: (a) 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 (other than Approved Mobile Applications); or (b) any television set-top box (e.g., digital video recorders, cable or satellite boxes, streaming video players, blu-ray players, or dvd players) or Internet-enabled television (e.g., GoogleTV, Sony Bravia, Panasonic Viera Cast, or Vizio Internet Apps).
7. The Affiliates Program is free to join, and we provide resources on the Affiliates Site to help Affiliates succeed with the program. We have never authorized any business to provide paid set-up or consulting services to our Affiliates, so please be wary if any business like that (even one attempting to appropriate the Bikini Luxe name) reaches out to offer you costly services.
8. Content on Your Site. You will be solely responsible for the content on your Site and ensure:
You will not sell, resell, redistribute, sublicense, or transfer any Content or any application that uses, incorporates, or displays any Content, PAAPI, 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 Affiliates 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 Bikini Luxe 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 Bikini Luxe Mark (as defined in the Trademark Guidelines) or variations or misspellings of any of those words (e.g., “bikkini luxe,” “bikinilux,” and “biini luxe,”) for use in any 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 (together, a “Search Engine”)). In addition to any other rights or remedies available to us, upon our request you will cause any Search Engine designated by us to exclude Proprietary Terms from keywords used to display your advertising content in association with search results (e.g., request exclusion by negative keyword bidding), assuming the Search Engine offers such exclusion capabilities.
(f) You will not bid on or purchase keywords, search terms, or other identifiers (including Proprietary Terms) or otherwise participate in keyword auctions on any Search Engine if the resulting paid search advertisement is a Prohibited Paid Search Placement (as defined in the Fee Statement). You may purchase paid search advertisements and submit links to Search Engines to appear in response to a general Internet search query or keyword (i.e., in natural, free, organic, or unpaid search results), so long as you comply with the Affiliates Operating Agreement and those paid or unpaid search results send users to your site and not directly, or indirectly via a Redirecting Link (as defined in the Fee Statement), to the Bikini Luxe Site.
(g) 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 Bikini Luxe Site via your Special Links.
(h) 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.
(i) You will not request, collect, obtain, store, cache, or otherwise use any account information used by our customers in connection with any Bikini Luxe Site (including any usernames or passwords of Bikini Luxe Site customers).
(j) You will not modify, redirect, suppress, or substitute the operation of any button, link, or other feature of the Bikini Luxe Site.
(k) You will not make any orders or engage in other transactions of any kind on the Bikini Luxe 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 Bikini Luxe 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 3 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 Bikini Luxe Site within any pop-up or pop-under windows, transitional page ads, or layer ads, except for pop-up windows in conjunction with your Site promoting Products closely Affiliated with the materials on your Site.
(p) You will not include any Special Links in any content that you place on the Bikini Luxe Site (for example, in connection with any advertising service available through the Bikini Luxe Site or in a customer review, forum, Wish List, guide, or any other customer-generated context available on the Bikini Luxe Site).
(q) You will not attempt to circumvent the Fee Statement or artificially increase your fees. For example, you can not cause any page of the Bikini Luxe 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 Affiliates Program.
(s) You will not artificially generate clicks or impressions on your Site or create Sessions on the Bikini Luxe 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 or star ratings, in part or in whole, on your Site unless you have obtained a link to that customer review or star rating through the PA API and you comply with the requirements for the PA 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 Bikini Luxe Site.
(w) You will not use a link shortening service in a manner that makes it unclear that you are linking to an Bikini Luxe Site.
(x) Upon our request, you will provide us with written certification that you have complied with the Agreement (generally or specifically with respect to any provision of the Agreement, including the Program Policies). Any failure to provide the certification in accordance with our request will constitute a material breach of the Affiliates Program Operating Agreement.
Under the Affiliates Program, subject to the additions and exclusions described in this Products Statement, a “Product” is any physical or digital item sold on an Bikini Luxe Site.
2. Services Products
No services are currently included in the Products at this time.
3. Excluded Products
Notwithstanding the above, the following items and services are currently excluded from the Products included in the Affiliates Program:
any product or service sold on a site linked to from the Bikini Luxe Site (for example, a product or service listed through our “Product Ads” program or sold on a site linked to from a banner ad, sponsored link, or other link displayed on the Bikini Luxe Site),
any application, content, or other software sold through the Bikini Luxe Appstore,
any product or service which has been excluded by a third party seller or vendor. You will receive an alert if a product or service is excluded when attempting to link using the tools we make available in Affiliates Central.
Your Mobile Application:
must be available in either the Google Play, Apple, or Bikini Luxe app stores,
must be free to download and all Bikini Luxe links must be accessible without paying for access,
must have original content,
must not emulate Bikini Luxe’s own shopping app functionality,
must not have price tracking and/or price alerting functionality,
must not host or render Bikini Luxe web pages in WebViews.
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, “Bikini Luxe Marks”) in violation of these Trademark Guidelines will automatically terminate any license related to your use of the Bikini Luxe Marks.
YOU ARE ALLOWED TO USE THE BIKINI LUXE MARKS ONLY BY DISPLAY ON YOUR SITE WITH THE PURPOSE OF ADVERTISING AVAILABILITY OF PRODUCTS ON ONE OF OUR SITES, WITH A CORRESPONDING LINK TO THAT SITE.
Your use of the Bikini Luxe 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).
You cannot use or display any Bikini Luxe 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, our products, or our services; (iii) that may, as determined by us, diminish or otherwise damage our goodwill in any Bikini Luxe Mark; or (iv) in any offline materials.
You may display an Bikini Luxe Mark only in the exact format in which we provide it to you. You may not alter any Bikini Luxe Mark in any manner. For example, you cannot change the proportion, color, or font of any Bikini Luxe Mark, or add or remove any elements from any Bikini Luxe Mark.
Each Bikini Luxe Mark must appear by itself, in its entirety, with reasonable spacing between each side of the Bikini Luxe Mark and other visual, graphic, or textual elements. Under no circumstance can any Bikini Luxe Mark be placed on any background that interferes with the readability or display of that Bikini Luxe Mark.
Together with each piece of content on your Site that includes any Bikini Luxe Marks, you must prominently include a statement stating that those Bikini Luxe Marks are trademarks of BikiniLuxe.com, Inc. or its affiliates. For example, if your website displays the BikiniLuxe.com logo, you would include the following statement on the same site page: “Bikini Luxe and the Bikini Luxe logo are trademarks of BikiniLuxe.com, Inc. or its affiliates.”
All rights to the Bikini Luxe Marks are our exclusive property, and all goodwill generated through your use of any Bikini Luxe Mark will inure to our exclusive benefit. You will not take any action that conflicts with our rights in, or ownership of, any Bikini Luxe Mark.
You cannot display or otherwise use any trademark or logo of any third party seller or vendor on the Bikini Luxe Site in connection with any Special Link unless you have obtained from that seller specific written authorization to do so.
You cannot use any trademark of Bikini Luxe or any of its affiliates (whether or not it’s an Bikini Luxe Mark), or a variant or misspelling of such a trademark:
In any domain name or subdomain name (for example, you cannot use a domain name or subdomain name such as “BikiniLux.com”, “biikiniluxe.info”, “bikiniluxe.co.uk”, “luxebikini.com”, “bikkinisluxe.com”, “Bikiniluxeblog.wordpress.com”, “bikiniluxey.info”, or “sarahsBikiniLuxe.org”);
In any username, group name, or other identifier on any social networking site (for example, you cannot use a username such as “Bikini Luxe Japan”, “BikkiniLuxe”, “Bikini Luxe Shop”, “Bikini Luxe Seller”, “Shop Bikini Luxe”, “@BuyBikiniLuxe”, “Bikini Luxe One Fan”, or “LuxeBikini Bargain” 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 Bikini Luxe App”, “BikiniLuxeBoutique”, “Luxe Bikini Shop”, “Bikini Luxe App”, or “Bikini Luxe Bargain App”).
We reserve the right to modify the approved Bikini Luxe Marks, at any time and in our sole discretion, by posting a change notice or revised Trademark Guidelines on the Affiliates Site.
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.
This License governs your use of Content in connection with your participation in the Affiliates Program.
By accepting the Agreement, or by accessing or using the Content, including the proprietary application programming interfaces and other tools (collectively, the “PA 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.
Limited License to Content
Subject to the terms of the Affiliates Operating Agreement and solely for the limited purposes of participation in the Affiliates Program in strict compliance with the 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 Bikini Luxe Marks (as defined in the Trademark Guidelines) we make available to you as part of the Content, solely on your Site and in accordance with the Trademark Guidelines, and (c) access and use the PA API, Data Feed, and Product Advertising Content solely in accordance with the Specifications and this License.
You will use Content solely in accordance with the terms of the Affiliates Operating 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 Bikini Luxe 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 Bikini Luxe Site (however, parts of your Site that are not closely Affiliated with the Content may contain links to sites other than the Bikini Luxe Site) and (b) link each use of the Content solely to the related Product detail page or other relevant page of the Bikini Luxe Site and not to any other page.
The Product Advertising API or Data Feed may allow you to access data, images, text, and other information and content relating to products offered on one or more affiliate sites. If you use the PA API or Data Feed to access or use any such data, images, text, or other information or content, you agree to comply with and be bound by the terms of the applicable license agreement for the PA API or Data Feed (or equivalent service) providing Product Advertising Content from such affiliate sites.
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 this 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 PA API and Data Feed) and promptly remove from your Site and delete or otherwise destroy all of the Content and Bikini Luxe Marks with respect to which the License is terminated or as we may otherwise request from time to time.
2. PA API Usage Requirements
Description. Under this License, we may make available to you Content including the following:
•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 PA API, we may make available from time to time for use in connection with the PA 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 PA 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 PA 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 Bikini Luxe Site.
(b) Obtaining Product Advertising Content. You may obtain Product Advertising Content by making calls to the PA API. If we provide express prior written approval, you may also obtain Product Advertising Content through a data feed (“Data Feed”) that we make available via file transfer protocol. To request our approval for access to Product Advertising Content through a Data Feed, contact us at [email protected] If you obtain Product Advertising Content through a Data Feed, your access to and use of the Data Feed is subject to this License. You acknowledge that we may change, deprecate, or republish the PA API or Data Feed, or any features of the PA API or Data Feed, at any time and from time to time, and you agree that it is your responsibility to ensure that your access to and use of the PA API or Data Feed is compatible with the then-current requirements (including this License and all Program Policies).
You must use both a unique public key/private key pair (each key pair, an “Account Identifier”) and an Affiliates tag parameter (which can be either the Affiliate ID issued to you under the Bikini Luxe Affiliates Program or a related Affiliates Program tracking ID) to identify your account and make calls to the PA API. You may obtain your Account Identifiers through the PA 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 Affiliates 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. By making calls to the PA API, accessing the Data Feed, or using Product Advertising Content, you agree to comply with following requirements:
i. 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 PA 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 Bikini Luxe Site and driving sales of products and services on the Bikini Luxe Site.
ii. 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 Bikini Luxe 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 Bikini Luxe Site (however, parts of your application that are not closely Affiliated with Product Advertising Content may contain links to sites other than the Bikini Luxe 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, nor an Approved Mobile Application as defined in the Participation Requirements.
(e) You will not, without our express prior written approval, access or use the PA 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 Bikini Luxe Site.
(f) You will not (i) interfere, or attempt to interfere, in any manner with the functionality or proper working of the PA 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 PA 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 PA 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 PA 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 Bikini Luxe 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 PA 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. Examples of acceptable messaging include:
• Bikini Luxe.com Price: $32.77 (as of 01/07/2008 14:11 PST - Details)
• Bikini Luxe.com Price: $32.77 (as of 14:11 PST - More info)
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 Bikini Luxe Site(s), as applicable] at the time of purchase will apply to the purchase of this product." In the above examples, "Details" and "More info" would 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 PA 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 PA 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 BIKINI LUXE SERVICES 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):
i. have not complied with any requirement or restriction described in this License or any Program Policies or have otherwise violated this License;
ii. have not complied with any requirement or restriction in, or otherwise violated, any license agreement governing your access and use the PA 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 Affiliates Program offering provided by us or any of our affiliates.
3. 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 Affiliates Program, Special Links, link formats, Content, PA API, Data Feeds, Product Advertising Content, any domain name owned or operated by us, information and materials on any Bikini Luxe Site or the Affiliates Site, our and our affiliates’ trademarks and logos (including the Bikini Luxe Marks), and any other intellectual property and technology that we provide or use in connection with the Affiliates 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 Affiliates 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.
You may earn fees by displaying advertisements made available through the Affiliates Site (“Ads”) on your Site as part of our CPM Ads Program. The content of the Ads (e.g., the images, video, text, URL linked to from the Ad, and other information we provide) is considered Content under the Affiliates Operating Agreement. You may not display Ads on sites that are not your Site. We will make all determinations regarding the selection and display of Ads in our sole discretion, including by applying frequency caps that limit the number of times an end user may see a given Ad over a particular time period.
When you request Ad code from us, you will have the option to select an advertising fee type (for example, being paid on a CPM basis) and a minimum advertising fee rate applicable to that Ad code. Advertising fees payable to you will be based upon a rate we determine from time to time in our sole discretion, provided that the rate payable for a particular Ad unit will not be less than the minimum rate you designated when generating the Ad code for that unit.
You will not earn advertising fees if we determine in our sole discretion that:
(a) the Ad was displayed in violation of the Agreement (including all Program Policies),
(b) clicks or impressions of Ads on your Site were low quality or fraudulent (for example, fraudulent or repetitive clicks or impressions, including those that are generated through the use of robots or other automated tools or computer-generated requests), or
(c) the applicable Ad code was modified from what we provided.
All determinations and calculations of amounts payable to you for display of Ads (whether the advertiser is us, our affiliates, or a third party advertiser) will be made in our sole discretion and are final and binding.
We will pay you advertising fees for your display of Ads in accordance with Section 7 of the Fee Statement.
3. Additional Ads Participation Requirements
(a) You will not send us more than three Ad requests per end user per page of your Site. Following any termination of your participation in the CPM Ads Program, you agree to immediately cease making Ad requests to us.
(b) You will not display any Ad or other Content within any pop-up or pop-under windows, transitional page ads, or in layer ads around or in conjunction with any site that is not your Site.