UPDATES TO THE ASSOCIATES OPERATING AGREEMENT EFFECTIVE MARCH 1, 2024
What's changing?
With effect from March 1, 2024, we have:
- Clarified that age thresholds for children may be determined by applicable guidelines as well as laws or regulations
- Removed language related to the requirements applicable to dynamically generated product links.
- Revised the Responsibility for Your Site section to call out “dependency services” that creators use.
- Clarified that laws related to disclosures includes requirements to ensure that connections and compensation arrangements are disclosed in a clear, concise and unambiguous manner in real time.
- Clarified that compliance with laws includes the French law of 9 June 2023 aimed at regulating commercial influence and combating abuses by influencers on social networks, if applicable.
- Updated Promotional Limitations to clarify the definition of “offline promotions” and allow for expanded messaging capabilities.
- Clarified that Program Content and Special Links should not be used in connection with generative AI.
- Added nicotine products and products without an intended medical purpose referred to in Annex XVI of Regulation (EU) no. 2017/745 to the list of excluded products in France.
- Revised the Associates Program IP License to clarify that the use of PA API content is not permitted in conjunction with machine learning models.
- Updated the Amazon Influencer Policy to remove detail related to marketing via emails, which is superseded by updates to Promotional Limitations.
ASSOCIATES PROGRAM POLICIES – PARTICIPATION REQUIREMENTS
March 1, 2024 Version
(f) are directed toward children or knowingly collect, use, or disclose personal information from children under 13 years of age or other applicable age threshold (as defined by applicable laws, regulations and/or guidelines); or violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any applicable governmental authority related to child protection (for example, if applicable, the Children’s Online Privacy Protection Act (15 U.S.C. §§ 6501-6506) or any regulations promulgated thereunder or the Children’s Online Protection Act),
Replaces equivalent provisions from July 7, 2023 Version
(f) are directed toward children or knowingly collect, use, or disclose personal information from children under 13 years of age or other applicable age threshold (as defined by applicable laws and regulations); or violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any applicable governmental authority related to child protection (for example, if applicable, the Children’s Online Privacy Protection Act (15 U.S.C. §§ 6501-6506) or any regulations promulgated thereunder or the Children’s Online Protection Act),
March 1, 2024 Version
Text has been deleted.
Replaces equivalent provisions from July 7, 2023 Version
(c) Requirements Applicable to Specific Link Types We Make Available to You.
Links that Dynamically Generate Products: Certain types of links that we may make available to you dynamically generate particular Products to display based on a contextual analysis of the page on which they appear. Amazon will crawl or otherwise monitor your Site and store gathered content to implement these types of links and to improve dynamic generation and the Associates Program. If you implement mechanisms that prevent us from crawling or otherwise monitoring your Site, you agree that these types of links may not function properly, and you will be solely responsible for any such malfunction.
March 1, 2024 Version
3. Responsibility for Your Site
You will be solely responsible for your Site, including its development, operation, dependency services, and maintenance and all materials that appear on or within it. For example, you will be solely responsible for:
(a) the technical operation of your Site and all related equipment,
(b) displaying Special Links and Program Content on your Site in compliance with the Agreement, all applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any applicable governmental authority, including those related to electronic marketing, data protection and privacy, disclosures and ensuring connections or compensation arrangements are disclosed in a clear, concise and unambiguous manner in real time (for example, if applicable, the U.S. FTC Guides Concerning the Use of Endorsement and Testimonials in Advertising, the French law of 9 June 2023 aimed at regulating commercial influence and combating abuses by influencers on social networks, the Dutch Advertising Code, Directive 2002/58/EC (Privacy and Electronic Communications Directive), and the General Data Protection Regulation (GDPR) (EU) 2016/679), and any agreement between you and any other person or entity (including any restrictions or requirements placed on you by any person or entity that hosts your Site),
Replaces equivalent provisions from July 7, 2023 Version
3. Responsibility for Your Site
You will be solely responsible for your Site, including its development, operation, and maintenance and all materials that appear on or within it. For example, you will be solely responsible for:
(a) the technical operation of your Site and all related equipment,
(b) displaying Special Links and Program Content on your Site in compliance with the Agreement, all applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any applicable governmental authority, including those related to disclosures (for example, if applicable, the U.S. FTC Guides Concerning the Use of Endorsement and Testimonials in Advertising and the Dutch Advertising Code) and electronic marketing, data protection and privacy (for example, if applicable, the Directive 2002/58/EC (Privacy and Electronic Communications Directive), and the General Data Protection Regulation (GDPR) (EU) 2016/679), and any agreement between you and any other person or entity (including any restrictions or requirements placed on you by any person or entity that hosts your Site),
March 1, 2024 Version
4. Promotional Limitations
You will not engage in any promotional, marketing, or other advertising activities on behalf of us or our affiliates, or in connection with an Amazon Site or the Associates Program (“Promotional Activities”), that are not expressly permitted under the Agreement. You will not engage in any Promotional Activities in any offline manner, including by using any of our or our affiliates’ trademarks or logos (including any Amazon Mark), any Program Content, or any Special Link in connection with any printed material, ebook, physical mailing, physical document, or oral solicitation. You may include Special Links in emails, SMS and direct messaging from your social media Sites; provided, that such communications are solicited (i.e., opted into by the receiving customer) and are otherwise in compliance with the Agreement, the Trademark Guidelines, and the Amazon Brand Usage Guidelines. Upon our request, you will provide us with representative sample materials and written certification that you have complied with the foregoing. We will specify the form of, and content required in, that certification in any such request. Any failure by you to provide the certification in accordance with our request will constitute a material breach of this Agreement. For the avoidance of doubt, (i) for the purposes of applicable marketing laws (for example, if applicable, the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act of 1991 and any similar or successor legislation), you are the “Sender” of each communication containing any Special Links, and (ii) you must comply with applicable laws and marketing industry standards and best practices for all communications relating to the Associates Program.
Replaces equivalent provisions from July 7, 2023 Version
4. Promotional Limitations You will not engage in any promotional, marketing, or other advertising activities on behalf of us or our affiliates, or in connection with an Amazon Site or the Associates Program, that are not expressly permitted under the Agreement. You will not engage in any promotional, marketing, or other advertising activities in any offline manner, including by using any of our or our affiliates’ trademarks or logos (including any Amazon Mark), any Program Content, or any Special Link in connection with email, offline promotion or in any offline manner (e.g., in any printed material, ebook, mailing, private messages on social media networks or attachment to email, or other document, or any oral solicitation).
March 1, 2024 Version
5. Distribution of Special Links Through Software and Devices You will not use any Program Content or Special Link, or otherwise link to an Amazon Site, on or in connection with: (a) any client-side software application (e.g., a browser plug-in, helper object, toolbar, extension, component, or any other application executable or installable by an end user) on any device, including computers, mobile phones, tablets, or other handheld devices (other than Approved Mobile Applications); or (b) any television set-top box (e.g., digital video recorders, cable or satellite boxes, streaming video players, blu-ray players, or dvd players) or Internet-enabled television (e.g., GoogleTV, Sony Bravia, Panasonic Viera Cast, or Vizio Internet Apps). You will not, without our express prior written approval, use, or allow any third party to use, any Special Links or Program Content to develop machine learning models or related technology.
Replaces equivalent provisions from July 7, 2023 Version
5. Distribution of Special Links Through Software and Devices You will not use any Program Content or Special Link, or otherwise link to an Amazon Site, on or in connection with: (a) any client-side software application (e.g., a browser plug-in, helper object, toolbar, extension, component, or any other application executable or installable by an end user) on any device, including computers, mobile phones, tablets, or other handheld devices (other than Approved Mobile Applications); or (b) any television set-top box (e.g., digital video recorders, cable or satellite boxes, streaming video players, blu-ray players, or dvd players) or Internet-enabled television (e.g., GoogleTV, Sony Bravia, Panasonic Viera Cast, or Vizio Internet Apps).
ASSOCIATES PROGRAM POLICIES – PRODUCTS STATEMENT
March 1, 2024 Version
3. Excluded Products
(e) nicotine products, products without an intended medical purpose referred to in Annex XVI of Regulation (EU) no. 2017/745, and fossil fuels if you advertise the FR Amazon site, and
Replaces equivalent provisions from July 7, 2023 Version
3. Excluded Products
(e) fossil fuels if you advertise the FR Amazon site, and
ASSOCIATES PROGRAM POLICIES – IP LICENSE
March 1, 2024 Version
(e) You will not, without our express prior written approval, access or use PA API or Data Feeds for the purpose of aggregating, analyzing, extracting, or repurposing any Product Advertising Content or in connection with any software or other application intended for use by persons or entities that offer products on an Amazon Site, or in the direct training or fine-tuning of a machine learning model.
Replaces equivalent provisions from July 7, 2023 Version
(e) You will not, without our express prior written approval, access or use PA API or Data Feeds for the purpose of aggregating, analyzing, extracting, or repurposing any Product Advertising Content or in connection with any software or other application intended for use by persons or entities that offer products on an Amazon Site.
ASSOCIATES PROGRAM POLICIES – INFLUENCER PROGRAM POLICY
March 1, 2024 Version
Text has been deleted and is superseded by section 4 (Promotional Limitations) of the Participation Requirements.
Replaces equivalent provisions from July 7, 2023 Version
(c) Marketing. Solely with respect to the Amazon Influencer Program, and notwithstanding anything to the contrary in the Participation Requirements, you may include Special Links to your Influencer Page in emails; provided, that such emails are in compliance with the Agreement, the Trademark Guidelines, and the Amazon Brand Usage Guidelines. Upon our request, you will provide us with representative sample materials and written certification that you have complied with the foregoing. We will specify the form of, and content required in, that certification in any such request. Any failure by you to provide the certification in accordance with our request will constitute a material breach of this Influencer Program Policy. For the avoidance of doubt, (i) for the purposes of applicable marketing laws (for example, if applicable, the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act of 1991, the Dutch Social Media Code and any similar or successor legislation), you are the “Sender” of each email containing any Special Links, and (ii) you must comply with applicable laws and marketing industry standards and best practices for all emails relating to the Amazon Influencer Program. Amazon may revoke the offline marketing permissions granted in this Section 1 at any time in its sole discretion by providing written notice to you.
March 1, 2024 Version
(c) Influencer Content and Site. For avoidance of doubt, you acknowledge that Influencer Content you submit will be subject to the provisions of the Conditions of Use on the relevant Amazon Site relating to posting content or submitting material and that your Influencer Content and Site are subject to the requirements of Section 3(b) of the Participation Requirements (including for example, if applicable, compliance with the US FTC Guides Concerning Use of Endorsement and Testimonials in Advertising). Additionally, if Influencer has any other material connection or otherwise receives any compensation from any other manufacturer, distributor, brand, or third party in connection with any Influencer Content, Influencer is also responsible for following all applicable laws with respect to those connections or compensation arrangements, including those described in the FTC Endorsement Guides (such as by using the text “#Ad” or “#Sponsored”).
Replaces equivalent provisions from July 7, 2023 Version
(c) Influencer Content and Site. For avoidance of doubt, you acknowledge that Influencer Content you submit will be subject to the provisions of the Conditions of Use on the relevant Amazon Site relating to posting content or submitting material and that your Influencer Content and Site are subject to the requirements of Section 3(b) of the Participation Requirements relating to compliance with all applicable laws (for example, if applicable, the US FTC Guides Concerning Use of Endorsement and Testimonials in Advertising). Additionally, if Influencer has any other material connection or otherwise receives any compensation from any other manufacturer, distributor, brand, or third party in connection with any Influencer Content, Influencer is also responsible for following all applicable laws with respect to those connections or compensation arrangements, including those described in the FTC Endorsement Guides (such as by using the text “#Ad” or “#Sponsored”).