Shutterfly Inc. Affiliate Terms & Conditions
Please read our affiliate terms and conditions carefully before you join our program or begin marketing our program. These terms and conditions are written in plain language intentionally avoiding legalese to ensure that they may be clearly understood and followed by affiliates. Each Affiliate is responsible for assuring that its employees, agents and contractors comply with these terms and conditions. Thank you.
As used in the below Terms: (i) "We", "us" and "our" refers to Shutterfly or Shutterfly Inc., and the respective Shutterfly brands which include but are not limited to Shutterly, Tiny Prints, Wedding Paper Divas, Treat and BorrowLenses; (ii) "you" or "your" refers to the Affiliate; (iii) "our website" refers to the Shutterfly Inc. brand websites which include but are not limited to www.shutterfly.com, www.weddingpaperdivas.com, , www.tinyprints.com, www.treat.com, and www.borowlenses.com; (iv) "your website" refers to any websites that you will link to our website; (v) "Program" refers to the Shutterfly Inc. Affiliate Program.
After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. Please allow up 48 hours for your application to be reviewed. We reserve the right to reject any application, however we encourage you to contact us if you feel we have made an incorrect decision. Including all of the websites that you use in your profile will help us make a better decision.
Your participating website(s) may not:
- Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights.
- Violate any law, rule or regulation.
- Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
- Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
- Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website.
LINKING TO OUR WEBSITE
Upon acceptance into the Program, links will be made available to you through the affiliate interface. Your acceptance in our program means you agree to and abide by the following.
- You will only use linking code obtained from the affiliate interface without manipulation.
- All domains that use your affiliate link must be listed in your affiliate profile.
- Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner.
- You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating).
- Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.
If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using "out" redirects from the same domain where the affiliate link is placed.
MID-CHECKOUT COMMISSION REDUCTION & OVERWRITE RULE
Shutterfly Inc. uses a dynamic pixel system that may make changes to the standard commission in the case of a mid-checkout referral, which is defined as a cookie that is set within the last ten minutes before purchase. Given the extensive personalization required for most of our orders, the average visit to order time is usually days or hours, not minutes. By reducing our commission on these types of referrals and by closely monitoring the quality of traffic we receive from each affiliate, we will be able to pay out higher commissions for driving new customers and traffic. This logic also gives full credit to the first referring affiliate in the case that a second affiliate enters within this last ten minutes.
- Two affiliates outside of ten minutes before sale, normal "last in" logic applies
- One affiliate outside of ten minutes before sale, one within. "Last in" affiliate will receive 2% lowered commission and first affiliate will receive full commission.
- Single affiliate within last ten minutes, 2% commission will apply
- Two affiliates within last ten minutes, last in will receive the reduced 2% commission.
Shutterfly also reserves the right to adjust these rules as necessary.
If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:
- You may not bid on any of our trademarked terms (examples of which are identified below) for current or future brands, including any variations or misspellings thereof for search or content based campaigns on Google, MSN, Yahoo or any other network.
- You may not use our trademarked terms in sequence with any other keyword (i.e. Tiny Prints Coupon or Shutterfly Coupons).
- You may not use our trademarked terms in your ad title, ad copy, display name or as the display url.
- You may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result. Affiliates must be directed to an actual page on your website.
- You may not bid in any manner appearing higher than the Shutterfly Inc. properties for any search term in position 1-5 in any auction style pay-per-click advertising program
If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your program and we strongly suggest you add our trademarked terms as negative keywords. We have a strict no tolerance policy on PPC trademark bidding. You will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning if you engage in PPC trademark bidding that uses our trademarked terms.
Example Trademarked Terms:
Shutterfly, shutterfly.com, Tiny Prints, TinyPrints, tinyprints.com, Treat, treat.com Wedding Paper Divas, WeddingPaperDivas, weddingpaperdivas.com, WPD, WPD.com, My Publisher, MyPublisher, MyPublisher.com, Borrow Lenses, BorrowLenses, borrowlenses.com
If you are enrolled in our Program and your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
- You may ONLY advertise coupon codes that are provided to you through the affiliate program or network or that are displayed on our website(s).
- Posting any information about how to work around the requirements of a coupon/promotion (ie first time customers) will result in removal from the program.
- Coupons must be displayed in their entirety with the full offer, valid expiration date and code.
- You may NOT use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s).
- You may NOT advertise coupon codes obtained from our non-affiliate advertising, customer e-mails, paid search, or any other campaign.
- You may NOT give the appearance that any ongoing offer requires clicking from your website in order to redeem. For example, if all items on the site have free shipping over $100, you may not turn this into an offer that infers that the customer must click from your site to get this deal.
- On click through, you must link directly to our website. Framing of our website is strictly prohibited.
- Cookie Stuffing/Forced Clicks: You must not mislead customers into clicking on an offer or coupon that does not exist or practice similarly deceptive tactics that are generally known as "cookie stuffing or forced clicks." These include, but are not limited to:
- Using knowingly expired offers or presenting offers that do not exist or are not affiliate offers
- Making claims that a user must click on a link first to activate or receive an offer.
- Presenting a button that claims to show all offers that sets the affiliate cookie in the background
- Technology that generates a click or sets the cookie from the action of copying a coupon code or though a pop under.
Additionally, if your website ranks on the first page of Google for terms related to our website or company name(s) combined with the words coupon, coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders. The current rate is 2%.
COUPON ATTRIBUTION & AUTHENTICATION
Affiliates who whose primary business is posting coupons, who are viewed by the program as being a coupon site and/or who are tagged as coupon in our system, will not be paid commission for any sales generated without a corresponding valid coupon code. Valid codes are defined as codes that are made available to the affiliate channel in general, through newsletters or the Deals Database in ShareaSale, to that affiliate directly/privately or short term site-wide offers. Coupon codes that are not real, expired, not specific (ie up to 40% off) or are long term sitewide offers that do not require a code are not considered valid codes and the affiliate will not be given commission on these orders.
Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited (i.e. shutterfly.website.com or www.treat-coupons.com).
ADVERTISING & PUBLICITY
You shall not create, publish, distribute, or print any written material that makes reference to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:
- Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
- E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of Shutterly Inc.
- E-mails must first be submitted to us for approval prior to being sent or we must be sent a copy of the e-mail.
Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:
- You ARE allowed to promote offers to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Twitter, etc. pages. For example: You may post, "25% off sale at Shutterfly through Wednesday with code Shutterfly25."
- You ARE PROHIBITED from posting your affiliate links on Shutterfly Inc.’s Facebook, Twitter, etc. company pages in an attempt to turn those links into affiliate sales.
- You ARE PROHIBITED from running Facebook ads with Shutterfly Inc.’s trademarked company names.
OPERATIONS OUTSIDE UNITED STATES
If you are conducting business in or taking orders from persons in other countries, you will follow the laws of those countries. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive if you are conducting business in or taking orders from persons in one or more of the European Union countries.
FTC DISCLOSURE REQUIREMENTS
You shall include a disclosure statement within any and all pages, blog/posts, or social media posts where affiliate links for our affiliate program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or from the affiliate management team for review, this also must be clearly stated in your disclosure. We reserve the right to audit affiliate sites without notice for disclosure compliance and to remove an affiliate from the Program if we determine you are not in compliance.
- Disclosures must be made at each instance of a sponsored link. A single statement on the site, or a separate page with your general disclosure statement is not sufficient.
- Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g. disclosure should be visible before the jump).
- Pop-up, hover state and button disclosures are prohibited.
- Disclosure policy applies to all social media, even when space is restricted (e.g., tweets)
For more information about FTC disclosure requirements, please review the FTC's "Dot Com Disclosures" Guidelines at ftc.gov/os/2013/03/130312dotcomdisclosures.pdf; and the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising at ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf and further explained at business.ftc.gov/advertising-and-marketing/endorsements
REVERSAL & COMMUNICATION POLICY
Shutterfly Inc. takes pride in its very low reversal rate, which we attribute to open communication with our affiliates. However, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions.
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.
- You are not forthcoming, intentionally vague or are found to be lying.
- You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.
- You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
If any of the above apply, then we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the program for the period or orders in question. We know that many violations are a result of automated processes; however it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to pro-actively address these issues and adhere to our program rules.
© 2014 Shutterfly Inc. & Acceleration Partners LLC