Ambassador Program Agreement
Effective April 1, 2025
This Ambassador Program Agreement ("Ambassador Program Agreement") contains the complete terms and conditions that apply to your participation in the Zazzle Ambassador Program ("Ambassador Program"). As used in this Ambassador Program Agreement, "you" means the Ambassador Program enrollee. In this Ambassador Program Agreement, "Your Marketing" refers to any products, promotions, emails, apps and/or web properties other than the Site on which you place links to the Site; and "Your Ambassador ID" refers to an ID created at the time you establish your Ambassador Program account. This Ambassador Program Agreement is part of Zazzle’s Terms of Use. Any capitalized terms not defined herein shall be as defined in the User Agreement.
1. Enrollment in the Ambassador Program: Any Zazzle Member can join the Ambassador Program, whether or not you have uploaded Content to the Site. Please see our Help Center article to learn How to Join the Ambassador Program.
2. Your Marketing Efforts as an Ambassador: There are two (2) methods through which you can refer a User to the Site (“Referral”) who then purchases a Product (“Referred Sale”) and earn a Referral Commission (as defined below):
2.1. Self-Promotional Marketing Efforts
2.1.1. To promote Public Products that incorporate your Primary Content (“Your Product(s)”), you may display URL links with no parameters (e.g., no “rf=”) (“Self-Promotion Link(s)”) to any of the following on Your Marketing:
2.1.1.1. Your Public Product page(s);
2.1.1.2. Your Collection page(s);
2.1.1.3. Your Store page(s);
2.1.1.4. Your Member Profile page(s); and/or
2.1.1.5. Create-a-Product API page(s).
2.1.2. Your Earnings (i.e., Royalties plus Referral Commission) for a Referral on Your Product will total the percent of Net Referral Sales specified in the Referral Commission Table.
2.1.2.1. You will earn the same Royalty on Your Product that you would have earned had it been referred by another User; and
2.1.2.2. You will also earn a Referral Commission (calculated as the difference between your total Earnings and your Royalty for that Product).
2.1.3. When using a Self-Promotion Link, you only earn Referral Commissions on Referred Sales of Your Products. You will not earn Referral Commissions on Content uploaded to the Site or created with Zazzle’s design tools by anyone else when you use a Self-Promotion Link.
2.1.4. Earnings via Self-Promotion Links are still subject to both the Excess Royalty Fee and Secondary Content Royalty Share, if applicable.
2.2. Cross-Promotional Marketing Efforts
2.2.1. To promote, through Your Marketing, any Product (including Products that incorporate Primary Content from other Creators, we will make available to you various unique URL links that utilize your Ambassador ID (collectively, "Cross-Promotion Links"; collectively with Self-Promotion Links, the “Links”), which you may display on Your Marketing, subject to the terms and conditions hereof.
2.2.2. Your Referral Commission for a Referred Sale of a Product is the percent of Net Referral Sales specified in the Referral Commission Table.
3. Order Requirements and Tracking of Referred Sales
3.1. We will process Referred Sales subject to the tracking technologies and rules described in Section 3.4 below. We reserve the right to reject orders that do not comply with our Zazzle User Agreement or any other requirements that we may establish from time to time.
3.2. We will be responsible for all aspects of order processing and fulfillment, including, among other things, order entry, payment processing, shipping, cancellations, returns, and facilitating related customer service.
3.3. We will track the volume and amount of sales generated by Your Marketing and will make unaudited reports, summarizing this sales activity, available to you through the Ambassador Program center in the "My Account" section of your account. The form, content, and frequency of the reports may vary from time to time in our discretion. To permit accurate tracking, reporting, and Referral Commission accrual, you must ensure that the Links between Your Marketing and the Site are properly formatted.
3.4. Tracking and Attributing Referred Sales
3.4.1. We use cookies and other technologies to track Referrals, including across devices. Users may block, delete or otherwise modify these technologies which may interfere with our ability to track Referrals. No Referral Commissions will be paid if a Referral cannot be reliably tracked by our systems.
3.4.2. Each Referral will be valid for forty-five (45) days. You will earn Referral Commissions for Referred Sales during this timeframe.
3.4.3. During the timeframe in which a Referral is valid, the referred User may be referred to the Site again. If this more recent Referral is made more than fourteen (14) days after the previous Referral, the most recent Referral will be attributed for any Referred Sales that result and earn applicable Referral Commissions accordingly.
4. Referral Commissions
4.1. You will earn a Referral Commission (“Referral Commission”), as specified in the Referral Commission Table, which may be updated from time-to-time in Zazzle’s sole discretion, for Referral Sales. Referral Commissions are based on “Net Referral Sales,” which means the purchase price received by Zazzle, less amounts charged for: (i) shipping and handling, packaging and insurance; (ii) sales or similar taxes; and (iii) refunds, credits, and reversals.
4.2. Only Products that are sold by us (as a result of Links to the same domain of the Site on which the purchase is made), shipped or delivered to a User and for which we have received full payment will qualify for a Referral Commission. For a sale to generate a Referral Commission, the User must follow a Link to the Site or access the Site via Your Ambassador ID, purchase the Product or Products in question using our online ordering system, accept delivery of the item at the shipping destination, remit full payment to us, and not receive a refund for such Product.
5. Payment Terms: For Payment Terms, please see the Zazzle User Agreement.
6. Ambassador Conduct, Acknowledgements and Agreements: You acknowledge and agree to the following:
6.1. you will comply with all rules, laws and regulations in promoting Your Marketing and advertising, promoting and endorsing the Products.
6.2. that in utilizing the Links, you will cooperate fully with us in order to establish and maintain the Links, and shall display such Links prominently throughout Your Marketing and on other promotional materials. Each Link connecting users of Your Marketing to the Site will in no way alter the look, feel or functionality of the Site.
6.3. you may not use Zazzle's brand to generate Referral Commissions. This includes, but is not limited to, bidding on any keywords containing the trademark "Zazzle" or using the trademark "Zazzle" in advertisements associated with paid search, online content networks and online display networks. If you violate this term or any other terms and conditions, your Referral Commissions may be permanently withheld and your account with us may be terminated.
6.4. we have the right, in our sole discretion, to monitor Your Marketing, at any time and from time to time, to determine if you are in compliance with the terms of this Ambassador Program Agreement.
6.5. you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Ambassador Program Agreement (including by expressing or implying that Zazzle supports, sponsors, endorses, or contributes money to any charity or other cause).
6.6. we may discontinue your participation in the Ambassador Program if we determine, in our sole discretion, that Your Marketing is unsuitable for the Ambassador Program for any reason, including, but not limited to, products, promotions, emails, apps and/or web properties that:
6.6.1. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
6.6.2. promote illegal activities;
6.6.3. promote violence;
6.6.4. promote sexually explicit materials;
6.6.5. promote materials that violate intellectual property rights, including Zazzle's intellectual property rights;
6.6.6. include “Zazzle” in the site's website domain, or any other trademark of Zazzle or our affiliates, or variations of misspellings of any of such trademarks; or
6.6.7. are primarily dedicated to dissemination of coupons.
7. Policies and Pricing: Users who buy Products through this Ambassador Program will be deemed to be customers of Zazzle ("Customers"). Accordingly, all Zazzle rules, policies, and operating procedures concerning Customer orders, customer service, and Product sales apply to those Customers. We may change our policies and operating procedures at any time. For example, we or our partners will determine the prices to be charged for Products sold under this Ambassador Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you already have listed on Your Marketing, you may not include price information in your Product descriptions. We will try to present accurate information, but we cannot guarantee the availability or price of any particular Product. In addition, you understand and agree that Zazzle may solicit Referrals under different terms than and separate from this Ambassador Program.
8. Intellectual Property Licenses
8.1. Non-Exclusive Limited License and Use of Zazzle Logos, Trademarks and Brand: Subject to the terms of this Ambassador Program Agreement and the Zazzle User Agreement, we grant you a limited, non-exclusive, non-transferable, revocable, non-sublicensable right to use any of our (i) trade names, trademarks or any other intellectual property rights; or (ii) graphic images, text or any other of our images (including but not limited to images of your Products) for which we grant express permission (collectively, "Licensed Materials"), solely for the purpose of identifying Your Marketing as an Ambassador Program participant and to assist in generating Product sales. You are only entitled to use the Licensed Materials to the extent that you are a member, in good standing, of the Ambassador Program, and you agree to comply with Zazzle's published trademark guidelines. We may revoke your license at any time by giving you written notice.
8.2. Non-Exclusive Limited License and Use of Ambassador Logos and Trademarks
8.2.1. You grant us a non-exclusive license to utilize your names, titles, logos, and trademarks (collectively, "Ambassador Trademarks") to advertise, market, promote and publicize in any manner our rights hereunder. Notwithstanding anything to the contrary, we shall not be required to advertise, market, promote or publicize Your Marketing or any of your Ambassador Trademarks. You hereby represent and warrant that you are the sole and exclusive owner of the Ambassador Trademarks and/or have the right and power to grant to us the license to use same in the manner contemplated herein, and such grant does not or will not (i) breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding upon you, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity.
8.2.2. You agree to indemnify and hold us harmless from all claims, damages and expenses (including, without limitation, attorneys' fees and expert witness fees) relating to any breach of the above representations and warranties.
8.3. The licenses in this Section 8 shall terminate upon the effective date of the expiration or termination of this Ambassador Program Agreement. This license will also terminate should Zazzle, in its sole discretion, terminate your account and use of our Site and any related programs.
9. Responsibility for Your Marketing: You are responsible for the development, operation and maintenance of Your Marketing and for all materials that appear on Your Marketing. We have no responsibility for the development, operation and maintenance of Your Marketing and for all materials that appear on Your Marketing. You also are responsible for ensuring that materials posted on Your Marketing do not violate or infringe upon the rights of any third party (including, without limitation, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on Your Marketing are not libelous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of any applicable law, rule, regulation, order judgment or decree. You will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees and expert witness fees) relating to the development, operation, maintenance, and contents of Your Marketing.
10. Term of the Agreement: The term of this Ambassador Program Agreement will begin upon your enrollment into the Ambassador Program and will end when terminated by either party ("Term"). We may terminate this Ambassador Program Agreement at any time, with or without cause, by giving you notice of termination, and you may unenroll from the Program at any time. Notice by e-mail, to your address on our records, is considered sufficient notice for us to terminate this Ambassador Program Agreement. If this Ambassador Program Agreement is terminated because you have violated the terms of this Ambassador Program Agreement or if this Ambassador Program Agreement is terminated because Your Marketing violates any content restrictions set forth in Section 1, you are not eligible to receive any Referral Commission payments, even for Referral Commissions earned prior to the date of termination. If this Ambassador Program Agreement is terminated for any other reason, you are only eligible to earn Referral Commissions on sales occurring during the Term of the Ambassador Program Agreement, and Referral Commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final Referral Commission payment for a reasonable time to ensure that the correct amount is paid by the Customer to us.
11. Modification: We may modify any terms or conditions contained in this Ambassador Program Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, and/or the posting on the Site of a change notice or a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Ambassador Program Agreement. Modifications may include, but are not limited to, changes in the scope of available Referral Commissions, referral schedules, payment procedures, and Ambassador Program rules. All such modifications shall take effect forty-eight (48) hours after we serve notice as provided above, unless we indicate otherwise. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AMBASSADOR PROGRAM AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE AMBASSADOR PROGRAM, FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE SITE OR RECEIPT OF AN EMAIL NOTICE OF THE CHANGE, WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
12. Confidentiality: We may disclose to you certain information as a result of your participation as part of the Ambassador Program, which information we consider to be confidential ("Confidential Information"). For purposes of this Ambassador Program Agreement, Confidential Information shall include, but not be limited to, any modifications to the terms and provisions of this Ambassador Program Agreement made specifically for Your Marketing and not generally available to other members of the Ambassador Program; Site, business and financial information relating to Zazzle and its Customers; vendor lists relating to Zazzle; and pricing and sales information for Zazzle and any members of the Ambassador Program, other than you. Confidential Information shall also include any information that we designate as confidential during the Term of this Ambassador Program Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranty of merchantability, fitness for a particular purpose or freedom from patent, infringement of any third party rights, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information.
13. Cooperation: If Zazzle asks you for clarification or for more information on any orders or clicks that we (in our sole discretion) suspect may be in violation of this Ambassador Program Agreement, Ambassador Program and/or Policies, we expect that you will respond in a timely and honest manner. The following responses (collectively, "Violations") constitute violations of the Ambassador Program: (i) if you are not forthcoming, intentionally vague or are found to be lying; (ii) if you are not responsive within a reasonable time period or after multiple attempts to contact you using information listed in your account; or (iii) if you cannot substantiate or validate the source of your traffic to the Ambassador Program with clear and demonstrable proof. In the event of a Violation, Zazzle reserves the right, in its sole discretion, to do any or all of the following: (a) reverse orders; (b) set your Referral Commission to zero; (c) suspend you from the Ambassador Program for the period or orders in question; or (d) suspend you from the Ambassador Program entirely. We understand that Violations may be the result of automated processes; however, it is incumbent upon each Ambassador to ensure that it has appropriate checks and balances in place to proactively address these issues and adhere to Ambassador Program rules.
14. Indemnification: You agree to indemnify, defend and hold harmless Zazzle, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expenses (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively, "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Ambassador Trademarks infringes on the rights of any third party; (ii) the breach of any representation or warranty made by you herein; (iii) any claim related to Your Marketing; or (iv) any unauthorized use of image links, text links or other artwork or materials supplied to you by us.
