Terms & Conditions
Nike affiliate agreement terms and conditions
This document sets out the Terms and Conditions for participation in the Nike Affiliate Program on this Webgains Affiliate Marketing Platform. In order to participate in the Nike Affiliate Program, you (the ‘Affiliate’) need to signal your acceptance of all the Terms and Conditions in this document by clicking on the ‘I Accept’ button at the foot of this Agreement.
A) You agree that you contract with Webgains and that there is not, nor will be, any contractual affiliate relationship with NIKE
B) Webgains grants you, as a Contracted Affiliate, a non-exclusive, non-transferable and non-sublicensable (sub)license for the term of the Affiliate Agreement to use and reproduce the NIKE Marks solely for the purposes of placement of Ad Links on the Affiliate Sites.
C) Webgains reserves the right to terminate the Affiliate Agreement at any time for any reason whatsoever.
D) The term of the Affiliate Agreement as well as the sublicense as mentioned under B is subject to the Term of the Agreement between Webgains and NIKE. For the avoidance of doubt the Affiliate Agreement and the sublicense will under no circumstances be longer than the remaining term of the Agreement between Webgains and NIKE, and will terminate in the event that the Agreement between Webgains and NIKE terminates, for any reason whatsoever.
E) You undertake not to use any NIKE promotional codes or coupons that are not made available through Webgains.
F) You guarantee that your Affiliate Site does not conduct any illegal activity and does not contain:
1. Discriminative content;
2. Pornographic content;
3. Hate/offensive/violent content;
4. Lewd/pornographic content;
5. Religious content;
6. Political content that endorses one party or candidate;
7. Aesthetically unpleasing content as advised by NIKE;
8. Abusive or irresponsible promotion of Alcohol, Tobacco or Drugs;
9. Use of the word "sex" gratuitously or excessively;
10. Firearms, games of chance, and lotteries. G) You undertake not to use other URLs, banners, button(s), pointer(s), icon(s) or other link(s) that individuals can click on and that enables them to navigate directly to NIKE’s Site(s), than the Ad Links provided by Webgains pursuant to the Affiliate Agreement. H) You undertake not to modify any creative made available through Webgains. I) You agree to use the creative/promotions made available through Webgains. J) You agree not to bid, except with prior written permission, on NIKE’s (or NIKE affiliates’) name and on any NIKE Marks, NIKE’s (or NIKE affiliates’) trademarks or any common misspelling or confusingly similar trademarks, on any pay-for- placement search engines, including, but not limited to: google.com, yahoo.com (overture), ask.com, msn.com and ilse.nl. Furthermore, You agree, except with prior written permission, not to utilise, advertise or otherwise promote, any Nike terms in the headline or description copy associated with pay-for-placement search engines or in meta-tags, keywords, page titles or paid search engine advertising. The following phrases and terms are considered examples of Nike (trademarked) terms: nike nikes nike.com nike .com nike com niketown nike town niketown .com niketown.com niketown com nikeid.com nike + nike id nikeid nike shoes nike sneakers nike store nikestore nike discounts nike coupons nike clearance nike gear K) You shall at all times comply with Webgains’ requests as to the use of the Ad Links and NIKE Marks and shall not remove any NIKE copyright notices, trade marks or trade names from the NIKE Marks. L) You acknowledge that you will respect all Intellectual Property Rights of any third party pursuant to this Affiliate Agreement M) You explicitly acknowledge and agree that all Intellectual Property Rights in the NIKE Marks, NIKE Sites and NIKE Products belong to and shall continue to belong to NIKE (or NIKE’s affiliates, its licensors or other third party owners) and that you do not have any rights in or to the NIKE Marks, NIKE Sites and NIKE Products other than the right to use or reproduce them during the term and in accordance with the Affiliate Agreement. N) You undertake to return to Webgains or to delete all materials which relate to Ad Links, designs, developments, prototypes, product samples and other items provided by Webgains pursuant to the Affiliate Agreement, in the event of termination, for any reason whatsoever, of the Affiliate Agreement. O) You undertake to immediately cease (i) to further use and reproduce any Ad Link, NIKE Mark or other Intellectual Property Rights of NIKE (or one of NIKE Affiliates or any third party related to NIKE); (ii) to use all (technical) know-how and other information provided to the Contracted Affiliate by Webgains pursuant to the Affiliate Agreement, in the event of termination, for any reason whatsoever, of the Affiliate Agreement. P) You agree to comply with all applicable laws and regulations for the performance of the Affiliate Agreement. Furthermore, you agree to comply with all environmental policies, standards and procedures described in manuals or other written notification provided to the Contracted Affiliate by Webgains from time to time. Pursuant to the Affiliate Agreement, you shall in particular not (non-limitative): For example: 1) send spam; 2) use spyware; 2) misrepresent to visitors of its Affiliate Site; Q) You agree that Webgains has the right to audit your business facilities to verify compliance with the Affiliate Agreement, any laws and any guidelines imposed on you pursuant to the Affiliate agreement. R) You undertake not to assign (which includes (i) a sale or other transfer of shares or of all or substantially all of the assets of the business of Contracted Affiliate and (ii) a merger, consolidation or other reorganization to which the Contracted Affiliate is a party) any of its rights and obligations under this Agreement without the prior written approval of Webgains. S) You agree to respect confidentiality regarding all documents and materials which are made available to you and clearly marked as ‘Confidential’ pursuant to the Affiliate Agreement. T) You agree to abide by the Nike Code of Ethics during the conduct of your business pursuant to this Affiliate Agreement. The Nike Code of Ethics can be found using the button below. By clicking on the ‘I Accept’ button, you agree to be bound by the above Terms and Conditions of the Nike Webgains Affiliate Program. ---- Paid Search Policy: Closed The NIKE program has a closed PPC policy. Affiliates are not permitted to use Store.Nike.com, NIKE.com or any other NIKE URL as a display URL in any paid search listings. NIKE do not allow affiliates to bid on any brand name or terms including any misspellings, variations or derivatives. Affiliates are not permitted to bid on phrases which include both brand terms and generic keywords. Affiliates are not permitted to include any brand terms, misspellings, variations or derivatives in any search string or display URL on any pay per click search engines (including, but not limited to, Google AdWords, Google Content Network, Yahoo, Overture, Miva, Mirago, Bing, AOL search, 7Search etc.). Examples of prohibited terms include but are not limited to: Nike Nikestore store.nike.com nike-store nikestore.com nike.com nike.co.uk nike store nike trainers nike clothing nike shoes nike football nike running nike iD nikeid nikeid.com nike-id nike+ nike + The use of any of the above search terms as either a keyword or in the display URL of any PPC advert is prohibited. To ensure that you do not appear for any search strings that include the NIKE brand name, please make sure the following terms are negatively matched in all PPC campaigns: nike nikestore store.nike.com nike.com nike.co.uk nikeid nike+ NIKE trademarks must not be used as a subdomain or subfolder on any display URL in paid search listings. For example: www.nike.mywebsite.com www.mywebsite.com/nike Anyone found infringing these terms will be contacted by the NIKE Affiliate Team. Affiliates found to be breaching the program terms and conditions may have their commissions declined and will face suspension from the program. In extreme circumstances NIKE reserves the right to immediately suspend any affiliates found breaching these terms and conditions and declining any commissions accrued from the activity.
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