eBay.it Terms and Conditions Affiliate Program ... - Tradedoubler

eBay.it Terms and ConditionsAffiliate Program - Supplemental Terms and ConditionsIn consideration for Your participation in the Affiliate Program (the "Program")maintained by eBay Europe S.à.r.l. ("eBay") through TradeDoubler ("TD"), You(the "Affiliate") agree to comply with these Supplemental Terms and Conditions("Terms and Conditions") in addition to the terms of the TradeDoubler PublisherService Agreement ("PSA"). If any of these Terms and Conditions conflict withthose of the PSA, then these Terms and Conditions will control. Capitalizedterms not defined herein have the meanings set forth in the PSA.1. Affiliate's Links and content of the Affiliate's websiteConsidering that the Program is exclusively designed for external partnerships,the Affiliate shall neither place any Link on eBay website pages (e.g. eBayStores, listing pages, "About Me" pages) nor any pages of websites operated bycompanies of the eBay group, and shall neither use any Link to promote its ownlistings on eBay website nor eBay Stores, its Agents' ones nor those of any otherentities linked to the Affiliate.The Affiliate shall operate websites in Italian language or providing a wholeItalian translation.The Affiliate shall not place any Link on any website or page containing any ofthe following contents and/or containing any links towards such contents:i. Political,ii. Erotic or Pornographic,iii. Blade weapons or Fire Arms,iv. Violence, in particular incitement to violence,v. Medical drugs,vi. Slanderous or defamatory Statements,As well as:vii. any illegal content or contents infringing third parties' rights,viii. any indecent contents or contents running contrary to public policy,ix. any contents running contrary to eBay's editorial line.The Affiliate shall also refrain from creating or operating any website or webpagewhich may present a likelihood of confusion with any eBay website, reproducesany trademark or sign similar or identical to any trademark or sign registered orused by any company of the eBay group, or performs any other activity givingrise to a likelihood of confusion on the users with reference to the existence of abusiness relationship between the Affiliate and any company of the eBay group.

In any case, the Affiliate will indemnify and hold eBay and any company of theeBay group harmless against any claims made by a third party for any reasonwhatsoever regarding the contents of the Affiliate's website or the Affiliate'sLink(s), or for damages and liabilities arising out of the activities of the Affiliateand/or the Affiliate's Agents made within the framework of the Program.2. Prohibition of spywareThe Affiliate shall not place any Link on any website or webpage which contains,or installs dialers and/or spyware on the user's computer. Spyware meanssoftware which is designed to collect personal information related to the user,without his knowledge or express consent, before forwarding such informationover the Internet.3. Use of adwareAdware, which are designed to collect anonymous data regarding the users'navigation habits, with the users' explicit consent and subject to applicableprivacy regulations, are tolerated, under the following conditions:1. The adware is not installed nor executed on the computer of any user untilthat user has given explicit consent to its installation or execution. "Explicitconsent" means:i. The user has received a clear, brief, and conspicuous notice, in plainlanguage and outside of any user agreement or terms, that the adware willcollect anonymous data about its web usage, and will use that informationto display advertising on the user's computer;ii. The user has been provided with, or has been provided an opportunityto access, a more detailed description of the type(s) of informationcollected and the purpose(s) for which it will be used;iii. If the adware is bundled with other software, the user has beenprovided with specific identification of the adware in the bundle;iv. After receiving the notice specified in (i) and after being provided theinformation specified in (ii) and (iii), the user affirmatively chooses to havethe adware installed or executed on his/her computer also in compliancewith applicable privacy regulations.2. The user must be able to completely remove the adware through a meansthat the user can readily identify and perform without undue effort orspecialized knowledge. Uninstall processes must not be deceptive,complicated or confusing (such as listing the adware under multiple,confusing or deceptive names).3. All ads displayed on the user's screen by the adware should identify theadware as the source of the ad, using the same name as provided mostprominently at the time the adware was downloaded.4. The user must be able to close (without ending their browser sessions)any pop-ups, pop-unders, or other advertisements generated by theadware.

3. Use of keyword and domain namesIn addition to section 4.1 above, the Affiliate shall neither buy nor use domainnames (or URL) nor keywords from search engines and other referencing oradvertising services, and shall not make these keywords and domain namesappear as search results or in any other place on search engines or websitedirectories (e.g. Adwords and Premium placements on Google, Miva, Overture),which:i. promote sexually explicit materials;ii. promote violence;iii. promote gambling or betting;iv. promote illegal activities;v. promote discrimination based on race, sex, religion, nationality, disability,sexual orientation, or age;vi. designate an item prohibited by law or the eBay policies (such as weapons,drugs, pornographic items, fake or counterfeit items etc.);vii. designate an item whose advertising is forbidden or regulated (tobacco,alcohol, etc.);viii. include the corporate name, domain name or trade name of any company ofthe eBay group, any brand or a variation of brand of any company of the eBaygroup, and all translations thereof, such as:" e bay, e.bay, e-bay, ibay, ebuy, ibuy, ebay.it, www.ebay, www,ebay.it, PayPal,Pay-Pal, Skype, Kijiji, Gumtree, Shopping.com, Half.com, Halfcom, eBay Half..." "eBay jewelry", "eBay auctions", "eBay motors", "PayPal payments", "Halfitems";ix. include, without their express consent, any trademark previously registered bythird parties or on which they hold rights, including, among others, Louis Vuittonand Christian Dior and trademarks and signs similar to those for instance:LouisVuitton, Vuitton, Louuis Vuitton, Louis Viuitton, LOUS VUITTON.4. In any case, the Affiliate acknowledges to be sole responsible of the Affiliate'swebsite and its content, the Affiliate's Links, the activities of the Affiliate's Agents,as well as for any activities the Affiliate carries out within the framework of theProgram. The Affiliate will indemnify and hold eBay and any company of theeBay group harmless against any harm or loss the Affiliate or its Agents maycause to third parties, including eBay and any company of the eBay group, byusing the Program and any sentence ensuing from their use of the Program. TheAffiliate will indemnify and hold eBay and any company of the eBay groupharmless against any harm or loss it may cause to third parties because of thecontent of the Affiliate's website, the Affiliate's Links or more generally the activityof the Affiliate or its Agents.5. Obligations regarding eBay brand and the eBay website's business

The Affiliate expressly undertakes to comply with the following obligations:i. The eBay trademark:The "eBay" trademark should never be used in conjunction with anothertrademark. The only valid wording is "eBay" except when it is entirely written inblock capital letters (EBAY)ii. eBay website's business:eBay is neither a intermediary nor a distributor and its role consists merely inproviding internet users with a technical platform where buyers and sellers arebrought together.Therefore, any of the expressions listed below, or similar, must not be used:i. any formulation implying that eBay proposes products, or guarantees them,such as "eBay's entire offer", "eBay offers...", "eBay sells...", "thousands of itemssold by eBay...", "quality guaranteed" etc.;ii. any formulation implying that eBay controls the pricing of items, such as "eBayoffers very low prices", "eBay cuts down the prices" etc.;iii. any formulation relating to the prices whose use is strictly regulated, such assales, discount, stock clearance, ("soldes", "braderie", "déstockage") etc..The Affiliate may use the following phrases:i. eBay is the largest online market place in the world;ii. eBay is the world leader for e-business;iii. eBay is the world leader for online auctions;iv. Thousands of articles auctioned! Exceptional sale of collectors' comic books!;v. Online auctions;vi. Offered from XX euros, starting price XX euros;vii. Low prices, special prices;viii. PC laptops: large choice of brands and models for low prices on eBay!.Offers, items and auctions on eBay:All offers and items listed on eBay should be referred to as "Offers listed oneBay" or "Items listed on eBay".The slogan "starting price from 1 Euro" can only be used if it relates to an offerwhich is available in sufficient quantity, and that is effectively released for salefrom 1 Euro.

6. Surfing on the Affiliate's websiteThe function "back" of the user's browser should not be hindered whilst the useruses the Affiliate's website. The user should be able to return to the page theuser was previously viewing at any time by clicking on the "back" button in thebrowser's toolbar.When the user is redirected to the eBay website, the eBay URL should be visiblein the browser's address line. Incorporation of the eBay website in a webpage,particularly by using frames, is strictly prohibited.The URLs, links and titles of the links to the eBay website should be clearlyrecognizable by third parties as leading to the eBay website. Automatic openingsor misleading links are forbidden.When one of eBay's Pop Ups or Pop Unders is activated by the user's click, noPop Up or Pop Under belonging to another announcer should appearsimultaneously.7. Compensation.For each transaction, You will be compensated in accordance with the thencurrentPayout schedule for Transactions on the eBay.it site (the "Commission-Earning Activity"). To qualify as a payable transaction, a user must take anaffirmative action, clicking on your properly-coded link in a browser or browserenvironment.From 01 February 2007 affiliates are rewarded for :1. New Active Confirmed Registered Users (ACRUs)An "ACRU" is defined as an individual who:» registers on www.ebay.it» confirms his or her registration» places a bid or uses Buy It Now to purchase an item within 30 days of theirregistration.2. BidsYou are compensated for one bid per click from your website or links.3. Buy It NowYou are compensated for one Buy-It-Now (BIN) per click from your website orlinks.Items listed on third parties' websites are excluded from Commission-EarningActivity.eBay reserves the right to delay Your compensation if there is a suspicion of badfaith associated with any transaction driven by You.eBay reserves the right to delay Your compensation if You are suspected ofcausing users non-compliance with eBay's User Agreement (e.g. causing unpaiditems).

8. Prohibition of Commission-Earning Activity incentive1. The Affiliate shall not directly or indirectly offer any consideration or incentive(premium, bonus, gift, service...) for any Commission-Earning Activity.The Affiliate shall neither alter nor modify nor disable the tracking code providedby CJ, nor implement any mean intended to place a cookie or other tracking tagon the internet user's computer without such user having voluntarily clicked on aLink.2. Obligations related to pages linked to the Affiliate's LinksWithin the framework of its participation to Program, the Affiliate shall not useLinks leading internet users to the following pages:i. The registration page of the www.ebay.it website which is available at thefollowing address: https://scgi.ebay.it/ws/eBayISAPI.dll?RegisterEnterInfoii. The sign-in page of the www.ebay.it website available at the following address:https://signin.ebay.it/ws/eBayISAPI.dll?SignIn.The Affiliate may use the eBay banners created by eBay and provided to theAffiliate by eBay via the TD whose all or some clickable elements may lead to thepages above-mentioned in this section 8.2, provided no component (notably thegraphical components and the destination URL) of these banners is amended.9. Affiliate's Agents activitiesWithin the framework of its participation to the Program, the Affiliate shall nottake any commitment on behalf of eBay towards its Agents or other third parties.The Affiliate shall ensure its Agent have entered into an agreement:i. including the Affiliate's obligation pursuant to (i) the PSA, and (ii) the Terms andConditions, and;ii. providing eBay is a third party to the relationship existing between the Affiliateand its Agents, as well as between the Affiliate and TD.Any violation by the Affiliate's Agents of these Terms and Conditions shallconstitute a violation by the Affiliate. Therefore, eBay shall have full recourseagainst the Affiliate with respect to such a violation, including without limitation,suspension or termination of the Affiliate's participation from the Program."Agent" means any entity participating to the Program via the Affiliate's account.In particular the Agent's participation to the Program is compensated by theAffiliate.10. Intellectual property rightseBay grants the Affiliate a royalty-free, non-exclusive and non-transferablelicense to reproduce and represent the "eBay" logo and trademark, as well as thebanners, buttons, links and any other elements provided to the Affiliate on TD

website (www.tradedoubler.it) within the scope of the Program via CJ's servercentre, on any internet media except those expressly excluded by the Terms andConditions. The license to reproduce and represent is granted on a worldwidebasis and for the duration of the Affiliate's participation to the Program. Thislicense is granted for the sole purpose to allow the Affiliate to (i) identify itself asan Affiliate on the Affiliate's website, search engines and the Internet directories,and (ii) enable visitors of the Affiliate's website, search engines and internetdirectories to be redirected to the www.ebay.it website. Any other use is subjectto eBay's prior written authorization. In the event the Affiliate stops participatingto the Program, it must immediately cease any use of the "eBay" logo,trademark, as well as banners, buttons, links and any other elements provided tothe Affiliate by eBay within the framework of Program.The Affiliate acknowledges that its participation to the Program shall not grant itany other right, title or interest in the "eBay" logo, trademark, as well as thebanners, buttons, links and other elements provided to the Affiliate by eBay viaTD website than those expressly above-mentioned rights. The respective ownersof the rights over such elements withhold all their rights in and to such elements.11. Limitation of liabilityeBay undertakes to make all reasonable efforts to guarantee access to the eBaywebsite.For this reason, eBay shall not in any case be held liable in respect of thefollowing: (i) temporary interruptions for the updating of certain files; (ii) operatingdifficulties or temporary interruptions of the eBay website which are independentof its own will, in particular in cases of power cuts or interruptions oftelecommunication services; (iii) temporary interruptions of the eBay websitewhich are necessary for its efficient operation and/or the development of itscomputer system in order to increase its performance and/or its maintenance.eBay shall not, in any event, be held liable for any direct or indirect losses (suchas loss of income or profits) suffered by the Affiliate whilst using the Program,and caused by the access or the impossible access to the eBay website or toinformation, such as transmission slowness, delay or interruption, thedisappearance or loss of data.The Affiliate expressly acknowledges that eBay takes no part in the drafting ofthe listings posted by users, is not party to the sale agreement entered intobetween the users of the eBay website. eBay does not monitor the contentposted by users, and cannot therefore be held liable in this respect; users of theeBay website undertook to comply with the User Agreement of the eBay websiteas well as the eBay policies.12. Entire agreement related to the ProgramThe PSA entered into between the Affiliate and TD, including the present Termsand Conditions, sets forth the entire rules applicable to the participation of theAffiliate in the Program. These documents supersede any and all prior orcontemporaneous oral and written agreements or understanding between the

Affiliate and/or CJ and/or eBay concerning the Program.13. Terms Governing Downloadable Software.You will be paid for Commission-Earning Activity derived from downloadablesoftware ("DLS") only if the DLS complies with all of these Terms and Conditionsand the PSA.1. Legal Compliance. The operation of the DLS complies with all applicablelaws in all relevant jurisdictions and does not deceive consumers about itsnature, purpose or operation.2. Informed Consent. The DLS is not installed or executed on the computerof any user until that user has given explicit consent to its installation orexecution. "Explicit consent" means: i. The user has received a clear,brief, and conspicuous notice, in plain language and outside of any useragreement or terms, that the DLS will collect information about web usage(and, if applicable, personally identifiable information), and will use thatinformation to display advertising on the user's computer (including, ifpossible, a description of the frequency of such advertising);ii. The user has been provided with, or has been provided an opportunityto access, a more detailed description of the type(s) of informationcollected and the purpose(s) for which it will be used;iii. If the DLS is bundled with other software, the user has been providedwith specific identification of the advertising-serving program(s) ("Adware")in the bundle; andiv. After receiving the notice specified in (i) and after being provided, orprovided an opportunity to access, the information specified in (ii) and (iii),the user affirmatively chooses to have the DLS installed or executed onhis or her computer.3. Easy Removal. A user must be able to completely uninstall the DLSthrough a means that the user can readily identify and perform withoutundue effort or specialized knowledge (preferred alternatives includeproviding easy access to an uninstall process from the content or framingof the DLS or a readily recognizable icon or listing the DLS in theadd/remove feature in the Windows operating system). Uninstallprocesses must not be deceptive, complicated or confusing (such aslisting DLS under multiple, confusing or deceptive names, requiring usersto re-boot unnecessarily, using confusing language in pop-up challenges,or requiring more clicks than necessary to complete the un-installprocess). Each DLS-affiliated feature must contain the name of the DLS inthe uninstall user interface.4. Full Disclosure. All ads generated on the user's screen by the DLS identifythe DLS as the source of the ad, using the same name as provided most

prominently at the time the DLS was downloaded.5. No Persistent Ads. Users must be able to close (without ending theirbrowser sessions) any DLS-generated pop-ups, pop-unders, or otheradvertisements that cover otherwise viewable content.6. Value to User. Either the DLS or an application bundled with the DLS musthave meaningful value to the user that outweighs any burden imposed.For example, DLS that is combined with a comparison-shopping enginewould meet this requirement.7. Limited Number of Ads. The DLS will not serve an unreasonable numberof pop-up or pop-under advertisements per day or per web browsingsession.8. Not Aimed at Children. The DLS is not specifically or primarily marketed tochildren under the age of 18 or downloadable from websites or servicesprimarily oriented toward children.9. Prohibited Operations. Neither the DLS, nor any other software bundledwith or distributed with the DLS, performs any of the following functions:i. sending unsolicited information or material to another computer;ii. diverting the user to another site not requested by the user;iii. initiating or terminating a user's connection to the Internet;iv. modifying the user's settings with respect to browser home page,Internet connections (including default access provider), bookmarks, orsecurity levels;v. keystroke logging;vi. automatic re-installing or re-activating itself or another application afterbeing uninstalled or removed by the user; or removing or disablingsecurity, pop-up-blocking, anti-virus, anti-Adware, or anti-spywareprograms on the user's computer. For these purposes, spyware is definedas software that surreptitiously gathers a user's personally identifiableinformation.10. Other Terms. You will provide TD with an accurate and thoroughdescription of the DLS on which any of Your ads appear. You will alsonotify TD in writing or by email such that TD receives your notice at least10 days before there is any material change to the operation of the DLS.Except for any perpetual eBay search box or any toolbar that has aperpetual link to eBay, the DLS will not display an ad (including any popups,pop-unders or tool bars) that contains Links while an eBay page isopen on a user's computer.14. Disclaimer of Warranties.eBay and TD disclaim all warranties and conditions, express, implied or statutory,

including without limitation the implied warranties of non-infringement,merchantability or satisfactory quality and fitness for a particular purpose. eBayand TD, each individually, to the fullest extent permitted by law, expresslydisclaims all liability relating to these terms and conditions or the Program.15. Email Promotion.You agree not to send any emails in Your promotion of the eBay site unlessauthorized and approved to do so by TD.16. Global Compliance.Any infractions of these Terms and Conditions will be monitored and enforcedglobally. Violations of the Program in one country will be counted equal withviolations in all other country programs with which You or your Agents areaffiliated.17. Remedy for Breach.If You breach any of these terms, in addition to any other available remedies,eBay may remove You from the Program immediately, withhold or recover anycompensation for transactions not in compliance with these terms, and requestthat you immediately remove any search terms registered or purchased inviolation of the terms.18. Amendment.eBay may amend these Terms and Conditions by notifying You through TD,email, or mail sent to Your address of record. You may review any revised Termsand Conditions for up to seven days after eBay sends its notice. After sevendays, the revised terms will automatically take effect and become fullyenforceable. If You do not agree with the revised Terms and Conditions, You willremove Yourself from the Program through Your Account and remove and stoppromoting any Link.