Updates to the EU Associates Operating Agreement Effective May 23, 2018

May 23, 2018 Version

2. Enrolment

To begin the enrolment process, you must submit a complete and accurate Programme application. For purposes of this Operating Agreement, “your site” means your website or Mobile Application (defined below). You must identify your site in your application. We will evaluate your application and notify you of its acceptance or rejection. We may reject your application if we determine that your site is unsuitable. Unsuitable sites include those that:

  1. promote or contain sexually explicit materials;
  2. promote violence or contain violent materials;
  3. promote or contain libellous or defamatory materials;
  4. promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;
  5. promote or undertake illegal activities;
  6. include any trademark of Amazon or its affiliates, or a variant or misspelling of a trademark of Amazon or its affiliates, in any domain name – for example, a domain name such as "amaozn.com", "amazonauctions.net", "kindlemagazines.mydomain.info", or "kindlewirelessreader.co.uk" would be unsuitable;
  7. include any trademark of Amazon or its affiliates in any username, group name, or other identifier on any social networking website – for example, a username such as “Endless Shoes,” or “Amazon Japan” or “Kindle For You” registered on a social networking site such as Twitter or Facebook would be unsuitable; or
  8. otherwise violate intellectual property rights.

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You will ensure that the information in your Programme application and otherwise associated with your account, including your email address and other contact information and identification of your site, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Programme and this Operating Agreement to the email address then-currently associated with your Programme account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.

If you are a non-US person participating in the Associates Program, you agree that unless you have otherwise notified us in your tax information you will perform all services under the Operating Agreement outside the United States.

Mobile Applications

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Replaces equivalent provisions from

October 1, 2017 Version

2. Enrolment

To begin the enrolment process, you must submit a complete and accurate Programme application. For purposes of this Operating Agreement, “your site” means your website or Mobile Application (defined below). You must identify your site in your application. We will evaluate your application and notify you of its acceptance or rejection. We may reject your application if we determine that your site is unsuitable. Unsuitable sites include those that:

  1. promote or contain sexually explicit materials;
  2. promote violence or contain violent materials;
  3. promote or contain libellous or defamatory materials;
  4. promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;
  5. promote or undertake illegal activities;
  6. include any trademark of Amazon or its affiliates, or a variant or misspelling of a trademark of Amazon or its affiliates, in any domain name – for example, a domain name such as "endlessboots.com", "amaozn.com", "amazonauctions.net", "kindlemagazines.mydomain.info", or "kindlewirelessreader.co.uk" would be unsuitable;
  7. include any trademark of Amazon or its affiliates in any username, group name, or other identifier on any social networking website – for example, a username such as “Endless Shoes,” or “Amazon Japan” or “Kindle For You” registered on a social networking site such as Twitter or Facebook would be unsuitable; or
  8. otherwise violate intellectual property rights.

...

You will ensure that the information in your Programme application and otherwise associated with your account, including your email address and other contact information and identification of your site, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Programme and this Operating Agreement to the email address then-currently associated with your Programme account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.

By participating in the Programme, you agree that you will perform all services under the Operating Agreement outside the United States. If, for any reason, you cannot comply with this requirement, you can request an exception by using this.

Mobile Applications

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May 23, 2018 Version

4. Programme Requirements

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We may send you emails relating to the Programme from time to time.

In addition, we may:

  • record, use, and disclose information about your site and use of your site that we obtain in connection with your display of Special Links (e.g., that a particular customer clicked through a Special Link from your site before buying a Product on the Amazon Site); and
  • crawl, and otherwise investigate your site to verify compliance with this Operating Agreement or any Operational Documentation.

Please see the terms of our privacy notice, which can be found here for the Amazon UK Site, here for the Amazon FR Site, here for the Amazon DE Site, here for the Amazon IT Site and here for the Amazon ES Site (each being the relevant “Privacy Notice”).

5. Responsibility for Your Site

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Replaces equivalent provisions from

October 15, 2017 Version

4. Programme Requirements

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In addition, you hereby consent to us:

  • sending you emails relating to the Programme from time to time;
  • recording, using, and disclosing information about your site and visitors to your site that we obtain in connection with your display of Special Links (e.g., that a particular customer clicked through a Special Link from your site before buying a Product on the Amazon Site) in accordance with the terms of our privacy notice, which can be found here for the Amazon UK Site, here for the Amazon FR Site, here for the Amazon DE Site, here for the Amazon IT Site and here for the Amazon ES Site (each being the relevant “Privacy Notice” ); and crawling, and otherwise investigating your site to verify compliance with this Operating Agreement or any Operational Documentation.

5. Responsibility for Your Site

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May 23, 2018 Version

7. Advertising Fees

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A “Digital Product” is a Product sold under the name “Amazon MP3”, “Amazon Shorts”, “eDocs”, “Amazon Prime Video”, “Amazon Software Downloads”, “Game Downloads”, and “Kindle Books”, “Kindle Newspapers”, “Kindle Blogs”, “Kindle Newsfeeds”, or “Kindle Magazines”.

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“Prohibited Paid Search Placement” means an advertisement that you purchased through bidding on keywords, search terms, or other identifiers (including Proprietary Terms) or other participation in keyword auctions. “Proprietary Term” means keywords, search terms, or other identifiers that include the word “amazon,” “Kindle,” “Amazon Prime”; “Prime Music”; “Amazon Prime Video” or any other trademark of Amazon or its affiliates (see a non-exhaustive list of our trademarks) or variations or misspellings of any of those words (e.g., “ammazon,” “amaozn,” and “kindel”).

Replaces equivalent provisions from

October 1, 2017 Version

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A “Digital Product” is a Product sold under the name “Amazon MP3”, “Amazon Shorts”, “eDocs”, “Amazon Prime Instant Video”, “Amazon Software Downloads”, “Game Downloads”, and “Kindle Books”, “Kindle Newspapers”, “Kindle Blogs”, “Kindle Newsfeeds”, or “Kindle Magazines”.

....

“Prohibited Paid Search Placement” means an advertisement that you purchased through bidding on keywords, search terms, or other identifiers (including Proprietary Terms) or other participation in keyword auctions. “Proprietary Term” means keywords, search terms, or other identifiers that include the word “amazon,” “endless,” “Kindle,” “Amazon Prime”; “Prime Music”; “Amazon Instant Video” or any other trademark of Amazon or its affiliates (see a non-exhaustive list of our trademarks) or variations or misspellings of any of those words (e.g., “ammazon,” “amaozn,” “endlss,” “enldess” and “kindel”).


May 23, 2018 Version

10. Identifying Yourself as an Associate

You must clearly state the following, or any substantially similar statement previously allowed under this Operating Agreement, on your Site or any other location where Amazon may authorize your display or other use of Content: “As an Amazon Associate I earn from qualifying purchases.” Except for this disclosure, you will not make any other public communication with respect to this Operating Agreement or your participation in the Programme. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, or endorse you) or express or imply any affiliation between us and you or any other person or entity except as expressly permitted by this Operating Agreement.

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Replaces equivalent provisions from

October 1, 2017 Version

10. Identifying Yourself as an Associate

You will not issue any press release or make any other public communication with respect to this Operating Agreement, your use of the Content, or your participation in the Programme. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to any charity or other cause), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Operating Agreement. You must, however, clearly state the following on your site: “[Insert your name] is a participant in the Amazon EU Associates Programme, an affiliate advertising programme designed to provide a means for sites to earn advertising fees by advertising and linking to [insert applicable site name (Amazon.co.uk/ Amazon.de/Amazon.fr/ Amazon.it/Amazon.es)].”


May 23, 2018 Version

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20. Miscellaneous

You acknowledge and agree that we and our affiliates may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Operating Agreement or operate sites that are similar to or compete with your site. You may not assign this Operating Agreement, by operation of law or otherwise, without our express prior written approval. We may assign it to any of our affiliates or another party who undertakes to abide by our covenants and obligations given here. Subject to that restriction, this Operating Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns

Our failure to enforce your strict performance of any provision of this Operating Agreement or the Operational Documentation will not constitute a waiver of our right to subsequently enforce this provision or any other provision of this Operating Agreement. In the event of any conflict between this Operating Agreement and the Operational Documentation, the Excluded Products page and the EU Associates Programme Trademark Guidelines will prevail over this Operating Agreement and this Operating Agreement will prevail over any of the other Operational Documentation. If you are enrolled to use the Product Advertising API and in the event of any conflict between this Operating Agreement and the Licence, this Operating Agreement will prevail except that the Licence will prevail with respect to your use of the Product Advertising API, Data Feed, and Product Advertising Content (each as defined in the Licence). Whenever used in this Operating Agreement, the terms “include(s),” “including,” “e.g.,” and “for example” mean, respectively, “include(s), without limitation,” “including, without limitation,” “e.g., without limitation,” and “for example, without limitation.” Any determinations or updates that may be made by us, any actions that may be taken by us, and any approvals that may be given by us under this Operating Agreement, may be made, taken, or given in our sole discretion.

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Replaces equivalent provisions from

October 1, 2017 Version

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20. Miscellaneous

You acknowledge and agree that we and our affiliates may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Operating Agreement or operate sites that are similar to or compete with your site. You may not assign this Operating Agreement, by operation of law or otherwise, without our express prior written approval. We may assign it to any of our affiliates or another party who undertakes to abide by our covenants and obligations given here. Subject to that restriction, this Operating Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

You acknowledge that you have read and that you agree to the terms of our Privacy Notice, which can be found here for the Amazon UK Site, here for the Amazon FR Site, here for the Amazon DE Site, here for the Amazon IT Site and here for the Amazon ES Site. Unless you have otherwise notified us in accordance with the procedures described in our Privacy Notice, you hereby authorise us to process any personal data we obtain in connection with this Operating Agreement and the Programme in compliance with applicable law on data protection and in accordance with our Privacy Notice. The information provided in connection with the Programme is used solely by us and our affiliates. However, it may be passed on to our or our affiliates’ suppliers and service providers for the direct and associated requirements of the performance of this Operating Agreement.

Our failure to enforce your strict performance of any provision of this Operating Agreement or the Operational Documentation will not constitute a waiver of our right to subsequently enforce this provision or any other provision of this Operating Agreement. In the event of any conflict between this Operating Agreement and the Operational Documentation, the Excluded Products page and the EU Associates Programme Trademark Guidelines will prevail over this Operating Agreement and this Operating Agreement will prevail over any of the other Operational Documentation. If you are enrolled to use the Product Advertising API and in the event of any conflict between this Operating Agreement and the Licence, this Operating Agreement will prevail except that the Licence will prevail with respect to your use of the Product Advertising API, Data Feed, and Product Advertising Content (each as defined in the Licence). Whenever used in this Operating Agreement, the terms “include(s),” “including,” “e.g.,” and “for example” mean, respectively, “include(s), without limitation,” “including, without limitation,” “e.g., without limitation,” and “for example, without limitation.” Any determinations or updates that may be made by us, any actions that may be taken by us, and any approvals that may be given by us under this Operating Agreement, may be made, taken, or given in our sole discretion.


May 23, 2018 Version

Appendix 1: For Programme participants advertising the Amazon DE Site - Commercial placement of electronic advertisements

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You may not apply to the Programme to advertise the Amazon DE Site unless you are a commercial entity. By applying to the Programme to advertise the Amazon DE Site, you represent and warrant that you are a commercial entity. We may terminate your Programme account if we believe that you are not a commercial entity. If you wish to confirm to us that you are a commercial entity, you may email a copy of your trade registration or trade licence to us at the number below. If you select this option, please be sure to write your Associates ID legibly on the email: amazon-associates-documents-de (at) amazon (dot) com.

Please only use this email address to send your trade licence. Other inquiries or communications to the email address above will be disregarded.

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Replaces equivalent provisions from

October 1, 2017 Version

Appendix 1: For Programme participants advertising the Amazon DE Site - Commercial placement of electronic advertisements

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You may not apply to the Programme to advertise the Amazon DE Site unless you are a commercial entity. By applying to the Programme to advertise the Amazon DE Site, you represent and warrant that you are a commercial entity. We may terminate your Programme account if we believe that you are not a commercial entity. If you wish to confirm to us that you are a commercial entity, you may fax a copy of your trade registration or trade licence to us at the number below. If you select this option, please be sure to write you Associates ID legibly on the fax.

Within Germany: 08 00-2 82 40 00 (toll-free)

From all other countries +49-941-78 87 81 11 (subject to charge)

Please only use this number only to fax your trade licence. Other inquiries or communications to the numbers above will be disregarded.

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May 23, 2018 Version

Appendix 2: For Programme participants advertising the Amazon FR Site:

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If the amounts payable pursuant to this Operating Agreement are at least equal to EUR3,000 in aggregate under this Operating Agreement (a “Relevant Associate”), you are required to supply us with the documents set out below, or as may be otherwise specified in Section D. 8222-5 of the French labour code (as may be amended from time to time), at the time of either agreeing to be bound by this Operating Agreement or the time when the aggregate amounts payable pursuant to this Operating Agreement are equal to or exceed EUR3,000, and then every six (6) months thereafter until termination. The required documents must be sent to this email address: amazon-associates-documents-fr (at) amazon (dot) com.

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Replaces equivalent provisions from

October 1, 2017 Version

Appendix 2: For Programme participants advertising the Amazon FR Site:

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If the amounts payable pursuant to this Operating Agreement are at least equal to EUR3,000 in aggregate under this Operating Agreement (a “Relevant Associate”), you are required to supply us with the documents set out below, or as may be otherwise specified in Section D. 8222-5 of the French labour code (as may be amended from time to time), at the time of either agreeing to be bound by this Operating Agreement or the time when the aggregate amounts payable pursuant to this Operating Agreement are equal to or exceed EUR3,000, and then every six (6) months thereafter until termination. The required documents must be sent to this email address: associates-documents-fr@amazon.fr.

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May 23, 2018 Version

EU Associates Programme Advertising Fee Schedule

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During each calendar month, you may earn advertising fees for Qualifying Purchases (see Section 7 of the Operating Agreement). Most advertising fees are calculated as a percentage of Qualifying Revenues based on the tables below and are subject to the limitations described below. We also may offer advertising fees in the form of special offers as described in the “Special Offers and Promotions” section below. “Qualifying Revenues” mean amounts we receive from customers’ Qualifying Purchases, excluding shipping, handling, and gift-wrapping fees, taxes (including sales tax and VAT), and service charges, and less any rebates, credit card processing fees, returns, and bad debt.

The Programme’s standard advertising fee structure for each Amazon Site is described in the tables below. The advertising fee rates you may earn will vary depending on the number and category of Products that are shipped, streamed, or downloaded (as applicable) in a given calendar month that constitute Qualifying Purchases. We will determine the classification of Products in each category described in the Operating Agreement.

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STANDARD ADVERTISING FEE RATE TABLES

Fixed Advertising Fee rates for Handmade products = 10.0%

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Replaces equivalent provisions from

October 1, 2017 Version

EU Associates Programme Advertising Fee Schedule

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During each calendar month, you may earn advertising fees for Qualifying Purchases (see Section 7 of the Operating Agreement). Most advertising fees are calculated as a percentage of Qualifying Revenues based on the tables below and are subject to the limitations described in the “Limitations on Advertising Fee Rates for Certain Products” section below. We also may offer advertising fees in the form of special offers as described in the “Special Offers and Promotions” section below. “Qualifying Revenues” mean amounts we receive from customers’ Qualifying Purchases, excluding shipping, handling, and gift-wrapping fees, taxes (including sales tax and VAT), and service charges, and less any rebates, credit card processing fees, returns, and bad debt.

The Programme’s standard advertising fee structure for each Amazon Site is described in Tables 1 and 2 below. The advertising fee rates you may earn will vary depending on the number and category of Products that are shipped, streamed, or downloaded (as applicable) in a given calendar month that constitute Qualifying Purchases. We will determine the classification of Products in each category described in the Operating Agreement.

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STANDARD ADVERTISING FEE RATE TABLES

Fixed Advertising Fee rates for Handmade products = 5.0%

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May 23, 2018 Version

EU Associates Programme Trademark Guidelines

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  1. You must prominently include the following statements (as appropriate) on your site: "Amazon and the Amazon logo are trademarks of Amazon.com, Inc. or its affiliates".
  2. You acknowledge and agree that all rights in and to the Amazon Marks are our exclusive property, and any goodwill generated by your use of any Amazon Mark will inure to our exclusive benefit. You will not take any action that is in conflict with our rights in or ownership of any Amazon Mark.
  3. You may not use any Amazon Marks or any other trademarks of Amazon or its affiliates, or a variation or misspelling of any trademark of Amazon or its affiliates, in any domain name. For example, you may not use a domain name such as buyakindlehere.com, amzaon.com, or amazonauctions.net.

Replaces equivalent provisions from

October 1, 2017 Version

EU Associates Programme Trademark Guidelines

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  1. You must prominently include one of the following statements (as appropriate) on your site:
    1. "Amazon and the Amazon logo are trademarks of Amazon.com, Inc. or its affiliates".
    2. "Endless and the Endless logo are trademarks of Amazon.com, Inc. or its affiliates"; or
    3. "Amazon, the Amazon logo, Endless, and the Endless logo are trademarks of Amazon.com, Inc. or its affiliates."
  2. You acknowledge and agree that all rights in and to the Amazon Marks are our exclusive property, and any goodwill generated by your use of any Amazon Mark will inure to our exclusive benefit. You will not take any action that is in conflict with our rights in or ownership of any Amazon Mark.
  3. You may not use any Amazon Marks or any other trademarks of Amazon or its affiliates, or a variation or misspelling of any trademark of Amazon or its affiliates, in any domain name. For example, you may not use a domain name such as buyakindlehere.com, amzaon.com, endlessboots.com, or amazonauctions.net.

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