Effective Date: June 18, 2016
Please read this user agreement carefully, including the mandatory arbitration provision in the section titled "dispute resolution by binding arbitration," which requires that disputes are resolved by final and binding arbitration on an individual and not a class-wide or consolidated basis. If you do not wish to be subject to arbitration, you may opt out of the arbitration provision by following the instructions provided at the end of the section titled "dispute resolution by binding arbitration." By accessing or using this website, our create & buy process, or other services provided via our website, you agree to be bound by this user agreement and all terms incorporated by reference. If you do not agree to all of the terms and conditions of this user agreement in their entirety, do not use any cafepress provided service, including this website.
Welcome to CafePress, the World’s Customization Engine®. Through www.cafepress.com and any other websites we own or operate (the “Website”), we provide various Internet-based services to help you express your creativity. Use of the Website is governed by this CafePress User Agreement, which includes its Exhibits (the “Agreement”).
The Website lets you upload your original art, sayings, phrases, text, materials, tags, data, photos, designs and other creations (“Content”), apply it to a variety of blank products to create virtual products bearing your Content (“Products”), and then buy or sell your Products as follows:
CafePress only sells the blank products for you to customize, and the services needed to fulfill orders for your Products. CafePress does not sell any content, and you acknowledge and agree that you are the seller of your products' content.
I. This Agreement
II. Your Account
III. Rights and Licenses
VI. Use of the Website
VII. Representations and Warranties
VIII. Disclaimers and Exclusions
IX. Limiation of Liability
You hereby agree to indemnify and hold CafePress and its owners, shareholders, directors, officers, managers, employees, representatives, agents, subsidiaries, affiliates, successors, business partners and assigns (the "Releasees") harmless from and against any and all damages, losses, costs or expenses (including, without limitation, attorneys' fees and costs at trial and on appeal) incurred in connection with any third-party suit, claim, demand or action brought against any of the Releasees arising from or relating to your use of the Website, C&B, the Services, your Content, or your breach of this Agreement (individually and collectively a “Claim”). CafePress has the right to control the defense, settlement, and resolution of any Claim, at your sole cost and expense. In no event may you settle or otherwise resolve any Claim without our express written permission. We may withhold any and all Payments due to you in enforcing your indemnification obligations.
XI. Arbitration and Dispute Resolution
Notices: All notices under this Agreement must be in writing and delivered as follows:
If to CafePress:
Attn: General Counsel
11909 Shelbyville Road
Louisville, KY 40243
If to you:
Using your most recent Account contact information;
Notices must be made, and will be considered received, as follows: (i) by U.S. mail, seven (7) business days after deposit in a mailbox, (ii) by overnight courier, on the date receipt is confirmed by the courier service, or (iii) by electronic mail, upon receipt of a "read receipt".
You or we may update the address for Notices set forth in this section by electronic e-mail, upon receipt of a "read receipt".
This provision precludes you from bringing any class, collective, or representative action against cafepress. It also precludes you from participating in or recovering relief under any current or future class, collective, or representative action against cafepress by someone else. In addition, arbitration precludes you from suing in court or from having a jury trial. Whether to agree to arbitration is an important decision. It is your decision to make and you should not rely solely on the information provided in this agreement, as it is not intended to contain a complete explanation of the consequences of arbitration. You should take reasonable steps to conduct further research and to consult with an attorney regarding the consequences of your decision. You may opt-out of this arbitration provision by following the instructions below.
Scope of Arbitration. You and CafePress agree that any dispute, claim or controversy arising out of or relating to your access to or use of the Website, C&B, or Services or to this Agreement or any other aspect of the parties’ relationship (a "Dispute"), shall be determined by arbitration, except that you and CafePress are NOT required to arbitrate any Dispute in which either party seeks equitable and/or legal or other relief for alleged violation of the Copyright Act, Lanham Act, or Patent Act or for state law claims of copyright, trademark, trade secret or unfair competition laws.
Small Claims Court. Notwithstanding this agreement to arbitrate, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
Applicable Arbitration Rules and Procedure. The arbitration shall be governed by the rules of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”), available at www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in this Arbitration Provision, except that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the JAMS Rules and the rules set forth in this Arbitration Provision, the rules set forth in this Arbitration Provision shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this Agreement. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence, or in Jefferson County, Kentucky, at your option.
Location of Arbitration and Applicable Rules. You and CafePress agree that such arbitration shall occur in Jefferson County, Kentucky. You may request to appear in such proceedings telephonically. You and CafePress agree that such arbitration shall be conducted by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Service ("JAMS"), as modified by this Agreement.
Authority of Arbitrator. With the exception of class procedures and remedies as discussed below under "Waiver of Class Relief," the arbitrator shall have the authority to grant any remedy that would otherwise be available in court.
Allocation of Arbitration Fees. If you assert a Dispute as a consumer, you will only be required to pay arbitration fees of $250 of the fees charged by JAMS in connection with any arbitration under this section, and CafePress will bear all other costs charged by JAMS or the arbitrator, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator's services. You will still be responsible for paying your own attorneys’ fees.
Waiver of class actions and class arbitrations. You and cafepress agree that each party may bring disputes against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions, or class arbitrations. Accordingly, under the arbitration procedures outlined in this arbitration provision, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all parties to an arbitration proceeding.
Procedure to Opt-Out of Arbitration Provision. You may opt-out of this arbitration provision only by written Notice via U.S. Mail, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.) to CafePress Inc., Attn: Legal Department, 11909 Shelbyville Road, Louisville, KY 40243. You must send such Notice within thirty (30) days of your acceptance of this Agreement. You must sign and date the Notice, and include in it your name, address, and a clear statement that you do not wish to resolve disputes with CafePress through arbitration. If you do not follow this procedure by your thirty (30) day deadline to do so, then you and CafePress shall both be bound by the terms of this section entitled Dispute Resolution by Binding Arbitration.
If any portion of this Section entitled "Dispute Resolution by Binding Arbitration" is found to be unenforceable, that provision shall be severed with the remainder of this Section remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Arbitration Provision shall be null and void. The terms of this Arbitration Provision shall otherwise survive any termination of this Agreement.
This section contains additional terms and conditions governing your use of the Services.
Shop Fees are billed on the one month anniversary of the date that you open your Shop. On the Account management page, you select which plan you want to use to pay the Shop Fees. If you do not select a plan, or if you do not have a valid credit card on file, your Account will be billed under the No Up-Front Fee Plan.
For example, if you made a total of $1,300.00 in Base Price sales for a single month, your Shop Performance Bonus will look like this:
Shop Keeper Bulk Discount: Whenever you order 12 or more units of a specific Product from your own Shop you can receive up to a forty-five percent (45%) discount ("Bulk Discount").
Per unit pricing for each of the blank product categories you can customize are set forth here.
We have introduced variable commission rates on sales of Products through the Marketplace portion of the Services. The commission rate for sale of individual Products shall be determined by the Sales Quality Score applied to the individual Products in the Marketplace. The Sales Quality Score will be determined using objective criteria related your Product’s performance, and data about you and your contact with and participation in the Marketplace. A Sales Quality Score ranging from zero to 75 will be applied, allowing you to achieve a maximum potential Royalty rate of up to 10%.
Each Products’ Sales Quality Score will be determined daily at 11:59 pm PST, and will be applied to all of your Products sales during the next 24-hour period. The Sales Quality Score is calculated as follows:
*This Agreement’s prohibitions with respect to spamming or scripting the Website remain in effect.
Application of Royalty rate to Sales Quality Score
For each Product sale on the Marketplace, the associated Royalty will be based on the Sales Quality Score for that Product on the date during which the sale occurred. The applicable Sales Quality Score for each of your Products will be listed in your Royalty report.
CafePress reserves the right, to modify the (i) criteria comprising each individual quality score component, and (ii) the rates attached to each SQS range, from time to time, but not more than once per thirty (30) day period and not more than four (4) times per twelve calendar months. The determination of the SQS and the Royalty ranges on sales applied to each Product shall be determined in CafePress' sole and absolute discretion.
Bonus Royalty Programs
We may offer you the opportunity to participate in bonus royalty programs bringing Royalty rates on certain Products to up to fifteen percent (10-15%) of Net Revenue on a sliding and variable basis. Bonus Royalty Programs may include factors such as: participation in specific marketing programs we operate, the performance and quality of individual Products, interaction with social media applications and specific content creation needs, and other factors as determined by us in our sole discretion. If you are eligible for a Bonus Royalty Program, we will contact you and provide you with detailed terms of any such programs.
All Royalties due will be calculated at retail prices, discounted prices, promotional prices, or as otherwise determined by us and/or our partners.
Products that you offer for sale through the Marketplace and Fan Portal portions of the Services are offered at preset retail prices determined by us and/or our partners. These retail prices are based on a variety of factors including the cost of the blank product to be printed, as well as the costs of printing, shipping, and provision of the Services and/or partner services provided to you. We do not take Content into consideration when setting retail prices for Products offered for sale through the Services, so pricing is completely independent of the Content involved.
By using the Services, you understand that the blank products offered, and their associated retail prices, may change at any time and you agree to and accept any and all such changes.
Finally, all Content offered for sale through the Services may be made available for purchase on third party websites. Individual partners may establish and control their own retail prices, so they may differ from those on the Website.
 A Sales Quality Score will be assigned to each Products’ part number ("PTN"). For information on the application of a Sales Quality Score to your Products, see here.
 "Net Revenue" means the gross revenue actually received by us for your Products, minus discounts, returns, refunds, redos, chargebacks, taxes and shipping revenue.
 "Partners" are the distribution channels, platforms and mechanisms by which we sell and distribute your Products including, without limitation, any and all third party feeds, retail distribution partnerships, and any distribution channels that we own, operate and/or control. For example, if your Content is placed on the Website, and Products bearing that Content are sold through one of our Partners such as Amazon.com, then you will receive a Royalty of 5% of the Net Revenue for all sales of your Products. We may add or eliminate distribution channels through which you may offer your Products (subject to the license terms set forth herein) at any time without liability to you and/or anyone else.
 Royalties for Products created and properly tagged pursuant to Fan Portals will be based on Net Revenue calculated on the terms set forth on the applicable Fan Portal pages, which vary by individual property and may change from time to time in accordance with the agreements in place with the licensors. The current list of Fan Portal properties is available here. Similarly, base goods provided for products from well-known brand names (“Branded Products”) may have special terms and commission rates as set forth on the pages referenced in Exhibit D, Special Merchandise Rules.
Our Content Usage Policy (CUP) establishes the guidelines for your use of the Website C&B and/or the Services to upload, store and use your Content. Your use of the Website, C&B and/or Services constitutes your agreement that everything you upload, store, or use on the Website complies with this CUP, and you accept liability for any non-compliant Content.
If you believe that images on the Website or offered through the Services infringe your intellectual property rights, notify us at firstname.lastname@example.org. If you are not a rightsholder, but believe that images on the Website violate this CUP, please email us at email@example.com.
I. Prohibited Images
All Content uploaded to the Website will be evaluated against our CUP.
Below are some general examples of prohibited Content. Although CafePress has the right and authority, in its sole and absolute discretion, to remove any Content on the Website which CafePress believes violates this CUP, you are always fully responsible for all Content that you upload to the Website.
Content is prohibited on the Website if it:
The list above is NOT exhaustive, and only serves as a general guideline.
AN IMPORTANT NOTE ABOUT TOLERANCE IN A DIVERSE WORLD: CafePress has millions of users, from varied backgrounds and cultures, who differ in their beliefs and views about what is considered acceptable and what is considered offensive. We recognize that along with such diversity comes differences which may result in some individuals being offended by the opinions, perspectives and creative expressions of others within our user group. We ask that you exercise tolerance, and respect each individual's right to express him- or herself in a manner consistent with our CUP.
All Content that you upload is automatically stored to the Website. We do not review any Content before you upload it to the Website. By using our Services, you assume full responsibility for all of the Content that you upload to the Website, and for complying with our CUP.
Following are some examples of Content that should not be uploaded to the Website under intellectual property laws:
This list is NOT comprehensive. If in doubt, you should consult with an attorney.
II. Marketing Restrictions
You may not use false or misleading Content to market and promote your shops and products. Some examples of false and misleading information are:
Thermos® is a registered trademark of Thermos L.L.C.
AdWords® is a registered trademark of Google Inc.
Gucci® is a registered trademark of Gucci America, Inc.
Effective: May 2016
CafePress values the trust you place in us when you use CafePress.com and our affiliated websites, applications or tools (collectively, our “Websites”).Your privacy and trust are important to us and who we are as a company.This Privacy Statement describes our collection, use, disclosure, retention, and protection of your information. This Privacy Statement applies to our Websites that link to it, regardless of how you access or use them, including through mobile devices.
By using our services and/or registering with us, you are accepting the terms of this privacy statement and our user agreement, and you are consenting to our collection, use, disclosure, retention, and protection of your personal information as described in this privacy statement. If you do not provide the information we require, we may not be able to provide all of our services to you.
If you do not agree to the terms of this Privacy Statement, please do not use our Websites. We may make changes to this Privacy Statement from time to time. We will post any changes to our Websites. Your continued use of our Websites following the posting of any changes will mean you accept those changes.
We collect, process, and retain information from you and any devices (including mobile devices) you may use when you use our Websites or services, register for an account with us, provide us information on a web form, update or add information to your account, participate in community discussions, chats, or dispute resolution, or when you otherwise correspond with us. The specific information we collect depends upon your use of the Websites, as described below.
Information You Give Us: We receive and store information you enter on our Websites or give us in any other way, including your name, physical address, phone number, email address, and payment information.
Information About Your Interaction With Our Websites: We collect information about your interactions with our Websites, such as the purchases you make or the advertisements you view.
Information We Automatically Collect: We receive and store certain types of information whenever you interact with us or our Websites. Our Websites use “cookies,” tagging and other tracking technologies to help enable you to shop on our Websites, and enable us to enhance or personalize your online browsing and shopping experience. This information includes computer and connection information such as statistics on your page views, traffic to and from our Websites, referral URL, ad data, your IP address, and device identifiers; this information may also include your browsing history, transaction history, and your web log information.
Location Information: When you download or use apps created by CafePress or our subsidiaries, we may receive information about your location and your mobile device, including a unique identifier for your device. Geo-location information allows us to provide location-based services, such as advertising, search results, and other personalized content.
Information From Social Media and Other Sites: When you interact with our Websites or services on a social media platform, we may collect the personal information that you make available to us on that page, including your account ID or username and other information included in your posts. If you choose to log in to your CafePress account with or through a social networking service, CafePress and that service may share certain information about you and your activities.
Information From Other Sources: We may supplement the personal information we collect with information from third parties and add it to your account information. Information from third parties may include, but is not limited to, demographic information that is publically available, additional contact information, group affiliations, occupational information, and educational background.
We use your information to help us personalize and continually improve your experience on the Websites, including fulfilling your orders and requests for information, analyzing and compiling trends and statistics, and communicating with you. For information about how to manage your information and the choices you have, see how to limit the use of your information below.
We may use your information to:
We may use the information from one portion of the Websites on other portions of the Websites, and we may combine information gathered from multiple portions of the Websites into a single record. We may also use or combine information that we collect offline or we collect or receive from third-party sources for many reasons, including to enhance, expand, and check the accuracy of our records.
Like many websites, we use tracking technologies such as cookies, web beacons and similar technologies to record your preferences, track the use of our Websites and exposure to our online advertisements. We may also use these technologies to monitor traffic, improve the Websites, and make it easier to use and more relevant.
We partner with third party advertising companies who also use these tracking tools to provide advertisements on our Websites or other websites. These third parties may use these technologies to collect information about you when you use the Websites. They may collect information about your online activities over time and across different websites and other online services. They may also use persistent identifiers to track your Internet usage across other websites in their networks beyond the Websites. They may use this information to provide you with interest-based advertising or other targeted content. While we do not knowingly provide these entities with information that personally identifies you such third parties may, with sufficient data from other sources, be able to personally identify you, unknown to us. To learn more about the third-party collection and use of your information, please visit the Network Advertising Initiative and/or the Digital Advertising Alliance.
Some content or applications, including advertisements, on the Websites may be served by unaffiliated third parties. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement, you should contact the responsible advertiser directly. We are not responsible for the content or privacy practices on any website not operated by CafePress to which our Websites link or that link to our Websites.
Your browser or device may include “Do Not Track” functionality. CafePress’ information collection and disclosure practices, and the choices that we provide to customers, will continue to operate as described in this Privacy Statement, whether or not a Do Not Track signal is received.
We do our best to provide you with a safe and convenient shopping experience. Our Websites incorporate physical, electronic, and administrative procedures to safeguard the confidentiality of your personal information, including the use of encryption, firewalls, limited access and other controls where appropriate. While we use industry-standard precautions to safeguard your personal information, we cannot guarantee complete security. 100% complete security does not presently exist anywhere online or offline.
You can help protect the privacy of your own information by using encryption and other techniques to prevent unauthorized interception of your personal information. You are responsible for the security of your information when using unencrypted, public or otherwise unsecured networks.
We take steps to ensure that the personal information we collect is accurate and up to date, and that you have the ability to access and make corrections to it. This includes:
We may not be able to delete your personal information without also deleting your user account. You will not be permitted to examine the personal information of any other person or entity. In order to verify your identity, you may be required to provide us with personal information prior to accessing any records containing information about you. We may not accommodate a request to change or delete personal information if we believe doing so would violate any law or legal requirement, or cause the information to be incorrect.
In many instances, you have choices about the information you provide and limiting how we use your information. These choices, and any related consequences, are described in detail below.
Personal Information: You may choose not to provide your personal information, such as your name, address, phone number or payment information, but then you might not be able to take advantage of many of our site and/or checkout features.
Emails, Newsletters, and other Communications: When you create an account through our Websites, you are required to provide us with an accurate e-mail address through which we may contact you. Registration through our Websites or apps constitutes your express acknowledgment that CafePress may use your e-mail address to communicate with you about product offerings from CafePress, its affiliates, selected vendors, and/or partners. While you cannot opt-out of receiving notifications and other communications regarding your account or your transactions, you can opt-out of receiving newsletters and promotional emails and other marketing communications from us by using the “unsubscribe” feature in our marketing e-mails or contacting Customer Service.
Location Tracking: Most mobile devices allow you to control or disable the use of location services by any application on your mobile device through the device’s settings’ menu.
Online Tracking and Interest-Based Advertising: You also have choices to limit some tracking mechanisms that collect information when you use the Websites. Many web browsers automatically accept cookies, but you can usually modify your browser’s setting to decline cookies if you prefer. If you choose to decline cookies, certain features of our Websites, including the Websites themselves, may not function properly or remain accessible to you. In addition, you may also render some web beacons unusable by rejecting or removing their associated cookies. Note that if you choose to remove cookies, you may remove opt-out cookies that affect your advertising preferences.
You may opt out of tracking of analytics data by Google Analytics, one of our customer usage analytics providers, by clicking here.
Similarly, you can learn about your options to opt-out of mobile app tracking by certain advertising networks through your device settings. For more information about how to change these settings for Apple, Android or Windows devices, see:
Please note that opting-out of advertising networks services does not mean that you will not receive advertising while using our Websites or on other websites, nor will it prevent the receipt of interest-based advertising from third parties that do not participate in these programs. It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms.
Users Under Thirteen: Our Services are intended for users ages 13 and older only. Accordingly, we will not knowingly collect or use any personal information from children that we know to be under the age of 13. In addition, we will delete any information in our database that we know originates from a child under the age of 13.
Users Thirteen to Seventeen: Prospective users between the ages of 13 and 17 can only use our Services under their parents or legal guardians supervision. If you are between the ages of 13 and 17, you, your parent, or your legal guardian may request that we deactivate any of your personal information in our database and/or opt-out from receiving communications from us. If you wish to do so, please contact us at firstname.lastname@example.org.
Users Outside of the United States: If you use our Websites outside of the United States, you understand and consent to the transfer of your personal information to, and the collection, processing, and storage of your personal information in, the United States and other countries. The laws in the U.S. regarding personal information may be different than the laws of your state or country.
Notice to California Residents: If you are a California resident, California Civil Code Section 1798.83 permits you to request certain information regarding the disclosure of your personal information by CafePress and its related companies to third parties for the third parties direct marketing purposes. To make such a request, please send your request, by mail, to:
Attn: Legal - CA Privacy
11909 Shelbyville Road
Louisville, KY 40243
For questions about our Privacy Statement, to make choices about receiving promotional communications, to update your personal information, or to place an order, you can contact CafePress Inc. by email, telephone or postal mail:
CafePress Customer Service
6901 A Riverport Drive
Louisville, KY 40258
Email: Customer Service
CafePress Inc. ("CafePress") is an internet service provider (“ISP”) providing an automated, Internet-based service for the design, marketing and sale of customized merchandise by users of our service. Our users are contractually prohibited from using the service in a manner that infringes the intellectual property rights of others.
We respect the intellectual property rights of others, and do NOT welcome infringing content. We encourage you to contact us if you believe that a user of our service has infringed your rights. We promptly evaluate all claims of infringement, and terminate the accounts of repeat infringers.
If you believe that a user of our service has infringed your intellectual property rights, please notify our Intellectual Property Rights Agent and provide all of the following:
Lindsay Moore is our Intellectual Property Rights Agent. Notices of infringement should be sent to Lindsay by mail, email or telephone as follows:
Attn: Lindsay Moore
Intellectual Property Rights Agent
11909 Shelbyville Rd.
Louisville, KY 40243
Telephone: (502) 822-7501
Welcome to the CafePress Affiliate Operating Agreement ("Agreement"). This Agreement contains the conditions under which you may participate in the CafePress Affiliate Program (the "Program"). If you do not read, understand and agree to all of the terms and conditions of this Agreement, you may not participate in the Program.
CafePress Inc. ("CafePress") reserves the right to modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion. Any change notice or new agreement will be posted publicly on the CafePress website (as further defined below, "Website"). Modifications may include, for example, changes in the scope of available commission fees, commission fee schedules, payment procedures, Program features, and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following posting of a change notice or new agreement on the Website will constitute binding acceptance of the change.
If you are interested in becoming a cafepress affiliiate, please read these terms and conditions carefully. There are restrictions on the types of content that can be offered in connection with affiliate accounts and failure to comply with the program terms will result in termination.
If you are a resident of the following states, you are not eligible for, and may not participate in, the program:
1.1 Affiliate Program. This Agreement provides the terms and conditions under which CafePress makes available the Program by which you may refer potential customers to purchase Products on the CafePress Website.
1.2 Terms of Service. If you become an Affiliate, you will continue to be bound by all of the terms and conditions of the Terms of Service, and by your agreement to the terms hereof and participation in the Program. By this reference this Agreement shall be deemed incorporated into the Terms of Service. For purposes of clarity, the Program is deemed part of the "CafePress Service," and all initially-capitalized terms not defined in this Agreement shall have the meaning set forth for such term in the Terms of Service, and any disputes resulting from your participation in the Program will be subject to confidential binding arbitration in accordance with Section 13 of the Terms of Service. If the terms of this Agreement conflict with the Terms of Service, then this Agreement will govern and be given precedence, with respect to the Program.
1.3 Additional Definitions. For purposes of this Agreement: (1) "Website" means a World Wide Website and, depending on the context, refers either to the CafePress Website located at www.cafepress.com, or any of our affiliated and wholly-owned Websites, and (2) "Affiliate Website" means to the website that you will link to the CafePress Website. As used in this Agreement, "our" or "we" means CafePress Inc.
2.1 Opening an Account. To become an Affiliate and participate in the Program, you can open an Affiliate account (an "Affiliate Account") by agreeing to the terms and conditions of this Agreement. All Affiliates that agree to be bound by the terms and conditions set forth in this Agreement are automatically approved and can begin participating in the program. At any time thereafter, CafePress may evaluate your status as an Affiliate and limit or terminate your Affiliate Account for any reason as determined in our sole discretion, including but not limited to, the inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, pornographic, harassing, racially or ethnically derogatory or otherwise objectionable or damaging to our business. All decisions are final and in our sole discretion. If we revoke or terminate your Affiliate Account, you may reapply at any time, but there is no guarantee that any later determination will differ from the first. No coupon sites and no scripting are permitted in connection with any Affiliate Account.
2.2 Contact Information. You must provide us with accurate and complete contact and payment information when you open an Affiliate Account. You must immediately notify us if any of your contact or payment information changes. If you do not provide us with complete, accurate, and updated contact information, you may not be eligible to receive commissions based on your participation in the Program. You will receive an email confirming your account information. If you do not provide full contact emails at registration, you will be contacted within thirty (30) days to update your information. If you fail to do so, your Affiliate Account will be subject to termination.
2.3 Account Security. You will need to select a password if you open an Affiliate Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Affiliate Account, including, without limitation, any use by any third party. You must notify us immediately if you believe your password has been, or may have been, obtained or used by any unauthorized person or entity. In addition, you must notify us immediately if you become aware of any other breach or attempted breach of the security of your Affiliate Account or the CafePress Service.
2.4 Minimum Website Requirements. Members of CafePress are eligible to participate in the Program, however, we reserve the right to close any member's Affiliate Account or Member Account at any time for any reason. We do not allow Affiliate Websites to participate in the Program that violate the CafePress Content Usage Policy.
2.5 State Residency Restrictions. You may not participate in the Program if you are a resident of Arkansas, Connecticut, Hawaii, Illinois, New York or Rhode Island.
3.1 The Use of Links from Your Affiliate Website. As a member of the Program, you may provide on your Affiliate Website one or more of the following types of links to the Website:
We will provide you with guidelines and graphical artwork to use in linking to the Website. To permit accurate tracking, reporting, and commission fee calculation, we will provide you with special "tagged" link formats to be used in all links between your Affiliate Website and the Website. You must ensure that each of these links properly utilizes such special link formats. Links to the Website placed on your Affiliate Website pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Link(s)." You will only earn commission fees with respect to activity on the Website occurring directly through Special Links. We will not be liable to you with respect to any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts which would otherwise be paid to you pursuant to this Agreement. You will, however, earn commission fees with respect to all product purchases through the Website once from that "Special" link.
3.2 Additional Restrictions. (a) You may not use any existing or future software products or services that (1) will replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner the Website user's access, view or usage of, or other aspect of the user's experience at any CafePress Affiliate Websites in a manner that causes or otherwise results in a different experience from what was otherwise intended by CafePress Affiliates; or (2) will block, alter, direct, redirect, substitute, insert, append itself to, or otherwise intercept or interfere in any manner with any click through or other traffic-based transaction that originated from CafePress Affiliates with the result of reducing any compensation or other payment earned by or owing to CafePress Affiliates. (b) You may not purchase, register, or bid on any keywords, search terms or other identifiers that include the term "cafepress" or variations thereof (for example "cafepress", "cafe press", "CafePress.com", etc.) for use in any search engine, portal, sponsored advertising service or other search or referral service.
If CafePress determines, in its sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to CafePress) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement. (c ) If you are a CafePress Designer, you cannot earn commissions as an Affiliate by linking to your own CafePress Shops or Products. CafePress Designers can only earn commissions as an Affiliate by linking to the shops of other members or to the CafePress marketplace. If we determine, in our sole discretion, that you are abusing the system, we may (without limiting any other rights or remedies available to us) withdraw your participation and withhold any commission fees payable to you through the Affiliate Program.
3.3 Responsibility for Your Affiliate Website. You will be solely responsible for the development, operation, and maintenance of your Website and for all materials that appear on your Affiliate Website. For example, you will be solely responsible for:
4.1 Order Processing and Reporting. We will process Product orders placed by customers who follow Special Links from your Affiliate Website to the Website ("Customers"). We reserve the right to reject orders that do not comply with any requirements that we may periodically establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms; process payments, cancellations, and returns; and handle Customer service. We will track sales made to Customers who purchase products using Special Links from your Affiliate Website to the Website and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time at our discretion.
4.2 Policies and Pricing on the CafePress Website. Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those Customers. We may change our rules, policies and operating procedures at any time. For example, we will determine the prices to be charged for any Products sold under this Program in accordance with our pricing policies. Product prices and availability may vary from time to time. Because price changes may affect products that you already have listed on your Affiliate Website, you may not include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
5.1 Commission Fees. We will pay you fees on certain Product sales to third parties. For a Product sale to be eligible to earn a fee, the Customer must follow a Special Link from your Affiliate Website to the Website, select and purchase the Product using our automated ordering system within sixty (60) days of the initial Customer session on the Website, accept delivery of the Product at the shipping destination, and remit full payment to us. Only if all of the above circumstances are met will you be eligible for a fee to be paid. Products that are eligible for earning fees in the Affiliate Program may change at any time with no notice to Affiliates.
5.2 Commission Fee Schedule. You will earn Affiliate commission fees based on "Net Qualifying Revenues" according to commission fee schedules established by us which as of today's date are as set forth below. "Qualifying Revenues" are base price revenues derived by us from our sale on our site of print-on-demand products such as apparel, prints or accessories. "Net Qualifying Revenues" do not include royalties, shipping & handling, gift-wrapping, taxes, and service charges. We pay monthly commissions of fifteen percent (15%) to Affiliates. Net Qualifying Revenues may only be generated in the Marketplace portion of the Website and no such revenues may be earned from the Shops portion of our site. Designers on the Website are not eligible for Affiliate commissions under this Affiliate Program. If we determine, in our sole discretion, that you are in violation of any rule of this Affiliate Program or of abusing the system in the manner as determined in our sole discretion, we may (without limiting any other rights or remedies available to us) withdraw your participation and withhold any commission fees payable to you for Affiliate Websites you recruit.
5.3 Commission Fee Payment. We will pay you commission fees on a monthly basis. Within sixty (60) days following the end of each calendar month, we will send you a check for the applicable commission fees earned on Net Qualifying Revenue generated during the applicable month, less any taxes on that Net Qualifying Revenue that we are required by law to withhold. However, if the commission fees payable to you for any month are less than $50, we will hold those commission fees until the total amount due is at least $50 or until this Agreement is terminated. If a Product that generated a commission fee is returned by the Customer, we will deduct the corresponding commission fee from your next monthly payment. If there is no subsequent payment, we will send you a bill for the commission fee.
5.4 Processing Fees. If CafePress owes you accrued compensation that is less than $25 for at least 365 days, then we may send you payment of such accrued compensation minus a $10 processing fee. If the amount of accrued compensation is under $10 for at least 365 days, such amount will be used to cover our administrative costs and no payment will be made to you.
5.5 Charitable Contribution. Unless we otherwise agree in writing, we may remit any payment otherwise due to you as a contribution in your name to a 501(c)(3) charitable nonprofit organization of our choice (or any charity agreed upon in writing by you and CafePress) if: you fail to provide us with accurate and complete contact information; and (ii) the funds remain outstanding for more than twelve (12) months. If we make such a contribution, our obligation to you shall be reduced by the amount of that contribution.
5.6 Termination Fees. If you or we terminate your Affiliate Account, and you have less than $25 in accrued but unpaid compensation then outstanding, CafePress may charge you a $10 processing fee when sending you your final payment to cover its administrative costs.
6.1 All other Communications. You may not make any press release with respect to this Agreement or your participation in the Program without our prior written consent, which may be given or withheld in our sole discretion. You may not misrepresent the nature of your or any other participant's participation in the Program, and doing so may result in suspension or termination from the Program.
6.2 Other Website Promotion. If you engage in any of the prohibited activities noted below, you will be subject to immediate termination from the Program. a) Anti-Spamming Policy. You may not use "spam," "blast-faxes" or recorded telephone messages to market or sell Products. You may not spam or attempt to deliberately subvert the results of the CafePress directory or search engine with false, misleading, or unnecessarily repetitive information. b) Independence from CafePress. In all promotions, you must clearly represent yourself and your Website as entities independent from CafePress, our affiliated companies, the Website, and any of our affiliated companies' Websites, and you may not indicate in any way that we are "partners" or otherwise engaged in any business together other than the Program. In addition, you may not, in any manner, misrepresent or embellish the relationship between us, or express or imply any relationship or affiliation between CafePress and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse or contribute money to any charity or other cause). c) General promotional guidelines and laws. We reserve the right at our sole discretion to modify the foregoing rules at any time. We reserve the right to take action against any person or entity that does not conform to these rules or any laws related to advertising or marketing on the Internet that may now exist or later arise.
7.1 CafePress License to You of Logo and Links. We grant you a nonexclusive, revocable right to use the graphic image and text described in Section 3.2(b) and such other images for which we grant express written permission, solely for the purpose of identifying your Affiliate Website as a Program participant and to assist in generating sales of Products. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice. In addition, we grant you a nonexclusive, worldwide right to reproduce and use all graphic images and other materials provided to you, solely for the purpose of creating Special Links connecting your Affiliate Website to the Website and promoting Products for sale. These product images must be served by the Website and cannot be used in any form other than the form provided by us.
7.2 License from You to CafePress of Your Images. As part of the Program, some members may choose to enable Customers to use selected images from their Affiliate Website, either owned by the member or licensed from a third party, for use with Products to be purchased by a Customer. If you choose to enable your Customers to use selected images from your Affiliate Website, either owned by you or licensed from a third party ("Images") to create and purchase Products, then you agree to abide by the following terms:
Fraud; No Special Incentives. You may not participate in any scheme that would be deemed fraud, credit card fraud or an attempt to purchase Products from the Website with an intent to defraud, nor may you assist any third parties in doing so, whether successful in such efforts or not. You may not, directly or indirectly, offer any person or entity any consideration or incentive (including, without limitation, monetary payments or discounts) for using Special Links on your Affiliate Website to access the Website (e.g., by implementing any "rewards" program for persons or entities who use Special Links on your Affiliate Website to access the Website) for any reason, either to purchase Products, to become an Affiliate, or otherwise. If we determine, in our sole discretion, that you have offered any person or entity any such consideration or incentive, we may (without limiting any other rights or remedies available to us) withhold any commission fees otherwise payable to you under this Agreement and/or terminate this Agreement.
As you are bound by the Terms of Service in participating in the Program, you agree to indemnify, defend and hold harmless CafePress for any claim arising out of, relating to, or concerning your alleged breach of this Agreement, the Terms of Service in participating in the Program or any other agreement you may have with us. You also agree that covered claims under this indemnity obligation shall include (a) any claim that our use of any images provided via your Website infringes on any trademark, trade name, service mark, copyright, license, right of publicity, or other proprietary right of any third party, (b) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (c) any claim related to your Affiliate Website, including, without limitation, content therein not attributable to CafePress.
10.1 Term. The "Term" of this Agreement will begin upon your acceptance of the terms and conditions set forth in this Agreement and your placement of our banner or textual link on your Affiliate Website and will end when terminated by either party.
10.2 Termination. In its sole discretion, with or without notice to you, CafePress may terminate your participation in the Program, and terminate your Affiliate Account.
10.3 Your Termination. You may terminate your Affiliate Account for any reason at any time by emailing email@example.com.
10.4 Effect of Termination. You can only earn referral fees on sales of Qualifying Products occurring during the Term, and commission fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your Affiliate Website, all links to the Website, product images from our database, and all CafePress trademarks, trade dress and logos, and all other materials provided by or on behalf of CafePress to you pursuant hereto or in connection with the Program.
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