Affiliate Program Terms & Conditions
Date of Last Revision: July 23, 2024
This Affiliate Marketing Program Agreement (the “Agreement”) contains the terms and conditions that apply to your participation in the ShipBob Affiliate Marketing Program (the “Program”).
Please read this Agreement carefully. By clicking “I accept” or by participating in the Program, you represent that you (“Affiliate” or “you” or “your”) have read, fully understand and agree to the terms of this Agreement with ShipBob Inc. (“ShipBob” or “we” or “us” or “our”). In addition, if this Agreement is being executed on behalf of a legal entity, you represent and warrant that you are authorized to legally bind that entity to this Agreement. If you do not agree to these terms, do not participate in the Program.
- ENROLLMENT – You may apply to participate in the Program by providing all the information required by ShipBob in connection with becoming a ShipBob marketing affiliate and by accepting the terms of this Agreement. After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. We reserve the right to accept or reject your application in our sole discretion; 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). If your application is accepted, you may obtain such discounts and affiliate commissions as are offered pursuant to this Program from time to time, up and until the time that this Agreement is terminated.
- WEBSITE RESTRICTIONS – Your participating website(s) (“Your Website”) 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, offensive, or contain nudity, pornography or sexually explicit materials.
- Contain any viruses, malicious code, malware, 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.
- Mislead customers as to the products or services available on Your Website or on ShipBob’s websites (www.shipbob.com).
- LINKING TO OUR WEBSITE – Upon acceptance into the Program, links will be made available to you to URLs designated by ShipBob (the “Links”) through the ShipBob/PartnerStack affiliate website (the “ShipBob Affiliate Site”). Your acceptance in our Program means you agree to abide by the following:
- You will only use linking code obtained from the ShipBob Affiliate Site without manipulation.
- All domains that use your affiliate link must be listed in your affiliate profile on the ShipBob Affiliate Site.
- You may not advertise ShipBob’s products and services on websites that you do not own.
- Your Website will not in any way copy, resemble, or mirror the look and feel of ShipBob’s websites. You will also not use any means to create the impression that Your Website is a ShipBob website or any part of a ShipBob website including, without limitation, framing a ShipBob website in any manner.
- You may not engage in cookie stuffing or include pop-ups, false or misleading links on Your Website. In addition, you will not attempt to mask the referring URL information (i.e., the page from where the click is originating).
- You may not use 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.
- You may not create any links that lead the customer to a destination site that is not clearly suggested by the content of the starting site.
- You may not use your affiliate links to claim commissions for your own purchases on ShipBob websites.
- PAY-PER-CLICK (“PPC”) GUIDELINES – If you are enrolled in this Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:
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- You may not bid on any of our Trademarks, as defined in Section 5, including any variations or misspellings thereof for search or content-based campaigns on Google, MSN, Facebook, Yahoo or any other network.
- You may not use our Trademarks in sequence with any other keyword (e.g., “ShipBob Coupons,” “ShipBob Discount Codes,” or “ShipBob Promo”).
- You may not use our Trademarks in your ad title, ad copy, display name or as the display URL.
- You may not directly link to the ShipBob Linked Sites from any PPC 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 ShipBob for any search term in position 1-5 in any auction style PPC advertising program.
- If you automate your PPC campaigns, it is your responsibility to exclude our Trademarks from your PPC advertising program and we strongly suggest you add our Trademarks as negative keywords. We have a strict no tolerance policy on PPC trademark bidding. If you engage in PPC trademark bidding that uses our Trademarks, we may terminate your participation in the Program immediately and all commissions associated with your violations will be reversed.
- TRADEMARKS – Upon acceptance into the Program, ShipBob grants you a limited, non-exclusive, revocable, royalty-free right to use the Trademarks of ShipBob during the term of this Agreement solely to in connection with your participation in the Program, provided that you shall not: (a) use the Trademarks in any manner to communicate or suggest any sponsorship or other connection between ShipBob and you other than your participation in the Program, and (b) harm or adversely affect the Trademarks or the goodwill associated with the Trademarks. All promotional messaging and materials used by you containing such Trademarks shall be subject to ShipBob’s prior written approval. Except for the limited license provided in this Agreement, ShipBob reserves all rights in and to the Trademarks and the goodwill associated therewith. All uses of the Trademarks by you shall inure to the benefit of ShipBob. You shall not acquire, directly or by implication, any rights or license in the Trademarks except as expressly provided in this Agreement. Your right to use the Trademarks will terminate immediately if you violate any of the terms of this Agreement. For purposes of this Agreement, “Trademarks” means “ShipBob” and such other names, logos, trade names, trademarks, service marks, trade dress, design marks, brands, copyrights in any designs and other copyrightable subject matter, and other product identifiers of ShipBob as ShipBob may from time to time notify you to be Trademarks within the meaning of this Agreement.
- DOMAIN NAMES – Use of any of our Trademarks as part of the domain or sub-domain (for example shipbob.website.com), including any variations or misspellings, for Your Website is strictly prohibited.
- ADVERTISING & PUBLICITY – Upon acceptance into the Program, ShipBob grants to you a nonexclusive, nontransferable license (the “License”) to use certain banner advertisements, button links, text links, and/or other graphic or textual material (the “Promotional Materials”) for display and use on Your Website. The term of the License shall expire upon the expiration or termination of this Agreement. You may not subcontract, assign, resell, lease, or sublicense any part of your participation in the Program or run a sub-affiliate program. ShipBob may make Promotional Materials available to you to display and use on Your Website provided that the manner of display complies with the following requirements:
- You may only use the Promotional Materials to promote the ShipBob Linked Sites (and the products available thereon), and for linking to the ShipBob Linked Sites.
- You shall use only such links to the ShipBob Linked Sites as are provided to you by ShipBob.
- You shall not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by ShipBob without consent from ShipBob. If you wish to alter or otherwise modify the Promotional Materials, you must obtain prior written consent from ShipBob for such alteration of modification.
- You shall not create, publish, distribute, or print any written materials that make reference to our Program unless you adhere to the following:
- Abide by all applicable laws, rules and regulations, including, without limitation, CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to the distribution of any written materials.
- E-mails must be sent on your behalf and must not imply that the e-mail is being sent on behalf of ShipBob.
- E-mails and any related written materials must first be submitted to ShipBob for approval prior to being sent or ShipBob must be sent a copy of the e-mail.
- SOCIAL MEDIA – Promotion on Facebook, Twitter, Instagram, YouTube and other social media platforms, or other third-party websites or platforms (collectively, “Social Media Platforms”) is permitted following these general guidelines:
- You are allowed to promote offers to your own lists; more specifically, you are welcome to use your affiliate links on your own pages on Social Media Platforms.
- You are prohibited from posting your affiliate links on ShipBob’s accounts or pages on Social Media Platforms.
- You are prohibited from running ads on any Social Media Platforms using our Trademarks, including any variations or misspellings.
- You are prohibited from creating a social media account on any Social Media Platform that includes our Trademarks, including any variations or misspellings.
- REVERSAL & COMMUNICATION POLICY – ShipBob 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 this Agreement. Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of this Agreement, 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 applies, then we reserve the 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 you to ensure that you have the appropriate checks and balances in place to pro-actively address these issues and adhere to our Program.
- INTELLECTUAL PROPERTY – ShipBob retains all right, title, ownership, and interest in the Promotional Materials and Trademarks, including, without limitation., any and all copyright, trademark, or other intellectual property rights therein. Nothing in this Agreement shall be construed to grant you any right, title or ownership in the Promotional Materials, or in the underlying intellectual property, other than the right to use the Promotional Materials in accordance with this Agreement.
- RELATIONSHIP OF PARTIES – This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between ShipBob and you. You shall provide services for ShipBob as an independent contractor. You shall have no authority to bind ShipBob to any agreement, nor shall you be considered to be an agent of ShipBob in any respect.
- AFFILIATE COMMISSIONS AND PAYMENT
- Upon acceptance into the Program, you will be eligible to receive an affiliate commission (the “Commission”) for the successful completion of Eligible Quotes. An “Eligible Quote” occurs when a customer (not you) clicks-through the link (supplied by ShipBob to you) to the ShipBob Linked Sites and successfully requests a quote from ShipBob. [The current rates of Commission shall be set forth on the ShipBob Affiliate Site. ShipBob reserves the right to modify the Commission rate from time to time, in its sole discretion. ShipBob will be entitled to withhold, deduct and set off from any payments to be made to you hereunder any sums owed by you to ShipBob, whether in connection with this Agreement (including any breach hereof by you) or otherwise. All taxes and duties related to or arising from your receipt of the Commission and your participation in the Program are your sole and exclusive responsibility, including, without limitation, all sales tax. You understand and agree that ShipBob will not withhold any taxes or duties or pay any taxes or duties on your behalf.
- All payment terms are reflected in the PartnerStack insertion order and will be paid out by PartnerStack according to the reflected payment terms set forth therein.
- DISCLAIMER – YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES RELATED TO THE PROGRAM OTHER THAN THE EXPRESS STATEMENTS IN THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL SHIPBOB BE LIABLE TO YOU UNDER THESE TERMS, UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES RELATED TO THE PROGRAM (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR PROFITS OR LOST BUSINESS AND INCLUDING COSTS ASSOCIATED WITH THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SHIPBOB’S LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THE PROGRAM OR THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT. SHIPBOB DOES NOT WARRANT OR GUARANTEE ANY RESULTS OF PARTICIPATION IN THE PROGRAM. ALL PRODUCTS, SERVICES, PROGRAMS, TRADEMARKS, AND PROMOTIONAL MATERIALS HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. YOU RECOGNIZE THAT THESE DISCLAIMERS ARE AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH SHIPBOB WOULD NOT HAVE ENTERED INTO THIS AGREEMENT. SHIPBOB DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY (TO THE EXTENT PERMITTED BY LAW), REGARDING THE PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE, OR PERFORMANCE OF THE PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF SHIPBOB WHATSOEVER.
- INDEMNIFICATION – YOU SHALL INDEMNIFY AND HOLD HARMLESS SHIPBOB FROM AND AGAINST ANY CLAIM, DAMAGE, LAWSUIT, ACTION, COMPLAINT, OR OTHER COSTS ARISING OUT OF ANY ACT OR OMISSION RELATED IN ANY WAY TO YOUR PARTICIPATION IN THE PROGRAM OR YOUR BREACH OF THIS AGREEMENT. YOU SHALL ALSO INDEMNIFY AND HOLD HARMLESS SHIPBOB FROM AND AGAINST ANY DAMAGE, LOSS OR OTHER COST ARISING OUT OF THE USE OR MISUSE BY YOU OF THE TRADEMARKS OR PROMOTIONAL MATERIALS.
- CONFIDENTIALITY – Any information that you are exposed to by virtue of your participation in the Program, which information is not available to the general public, shall be considered to be “Confidential Information.” You may not disclose any Confidential Information to any person or entity, except where compelled by law, unless you obtain prior written consent for such disclosure from ShipBob. You shall not use any Confidential Information except to the extent necessary to fulfill the purposes of this Agreement.
- TERMINATION – Your participation in the Program shall begin upon your acceptance as a website marketing affiliate by ShipBob and shall end when terminated by either party. Either party may terminate such status at any time, with or without cause. Upon termination, all licenses granted to you pursuant to the Program shall cease and you shall immediately remove all codes and links, references on Your Website regarding ShipBob, and cease any and all use of Promotional Materials, Trademarks, and any other trade or service marks, trade names or any other items received through or used in connection with such Program. Upon the termination of your participation in the Program for any reason, you will be entitled to receive Commissions only on Eligible Purchases that occurred prior to such termination. ShipBob reserves the right to terminate the Program at any time upon notice to you.
- COMPLIANCE WITH LAWS – In connection with your participation in this Program, you will comply with all applicable laws, rules and regulations, including but not limited to laws, rules and regulations governing marketing, promotions, data privacy, and data security. Without limiting the generality of the foregoing, you understand and agree that you are fully responsible for compliance with respect to all data privacy laws, rules, and regulations with respect to Your Website and all information collections occurring in relation to Your Website. To comply with the FTC’s disclosure rules regarding endorsements, you shall include a disclosure statement within any and all pages/posts where affiliate links for the 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 our designated affiliate management team for review, this also must be clearly stated in your disclosure.
- MODIFICATION – We may modify these terms and conditions at any time, at our sole discretion. If you disagree with any modification, your only recourse is to terminate this Agreement. You agree that, if you continue to participate in the Program following a posted modification, your continued participation constitutes binding acceptance of the modified term.
- GOVERNING LAW; JURISDICTION – This Agreement and all claims or disputes between the parties shall be governed by the laws of the State of Illinois without regard to its conflicts of law provisions. The UN Convention on the International Sale of Goods shall not apply. All claims, lawsuits, causes of action, and disputes between us shall be exclusively brought in the State or Federal Court located in Chicago, Illinois. The parties submit to the exclusive personal jurisdiction and venue of these courts.
- GENERAL
- Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this Agreement will remain in full force and effect.
- Assignment. You may not assign this Agreement or any of its rights under this Agreement without the prior written consent of ShipBob, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, this Agreement will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
- Nonwaiver. Any failure by ShipBob to insist upon or enforce performance by you of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement or otherwise by law will not be construed as a waiver or relinquishment of any right to assert or rely upon the provision, right or remedy in that or any other instance; rather, the provision, right or remedy will be and remain in full force and effect.
- Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
- Relation to Other Agreements. This Agreement sets forth our entire agreement with respect to your participation in the Program.
- Changes. Date of last revision: July 24 , 2024. ShipBob may update this Agreement from time to time in its sole discretion by posting an updated version of this Agreement.
- Contacting ShipBob. If you have questions, please contact ShipBob at:
- ShipBob, Inc. 120 N Racine Ave Ste 100 Chicago, IL 60607
- Email Address: affiliates@shipbob.com
- Telephone number: (844) 474-4726