Affiliate Program

Terms and Conditions

This is the Agreement that will govern your participation in an Engagement through the LinkShare Network (B2C) with Us. Please read this Agreement and check the box on the previous page to digitally sign this Agreement. To print a copy of this Agreement, please use your browser's print command.


Publisher Agreement

This Publisher Agreement (this "Agreement") is made between you ("You" or “Affiliates”) and us ("We" or "Us" or “Orvis”). Neither LinkShare Corporation nor any of its corporate affiliates are parties to this Agreement.


Background

Both parties desire to establish the general terms and conditions which shall govern advertising and commission arrangements between You and Us resulting from our participation in the LinkShare Network (B2C).


Terms And Conditions

In consideration of the promises set forth below, each party agrees as follows:


1. Participation in Affiliate Program


Acceptance into the Program is based upon the determination by Orvis of suitability for affiliation. Orvis will have sole discretion in determining suitability for inclusion in the Program. Examples of unsuitability include, but are not limited to, sites that:


  • Promote illegal activities
  • Violate intellectual property rights
  • Promote sexually explicit materials
  • Promote violence
  • Use libelous, slanderous, or offensive language

Upon acceptance into the Program, Orvis will provide you with the graphics and information you will need to complete the enrollment. If we reject your application, you are welcome to re-apply at any time.


2. Links on Your Site


Orvis will make available to you one or more links that will navigate visitors to the Orvis on-line commerce page (the "Affiliate Link"). At this time the linkage page is known as the catalog directory page.


Orvis reserves the right to change the Affiliate Link at any time without notice.


It is your responsibility to implement the Affiliate Link as provided in this Agreement. The accuracy of this information is your responsibility and inaccurate information will result in lost commissions with no recourse.


3. Promotional Guidelines


Orvis may, on occasion and in its discretion, make available a selection of featured items. Graphics and links directly to these items on Orvis.com commerce site may be provided by Orvis, in its discretion, as the occasion arises. These will typically be limited-time offers, and it is your responsibility to remove these links when the expiration date is reached. Failure to remove expired links on a timely basis may result in the loss of commissions or cause you to be dropped from the Program.


Affiliates are not permitted to promote coupon or promotional codes from Orvis’ non-affiliate program marketing efforts, such as email promotion or re-marketing ads.


4. Trademark and Search Engine Marketing Guidelines


Affiliates are prohibited from bidding on trademarked/branded terms as well as misspellings or variations thereof, including, but not limited to: Orvis, Orvis.com, www.orvis.com, The Orvis Company, and Orvis catalogs. Use of our trademarked/branded terms in any part of a pay for placement search string, including any mobile marketing is also restricted. In some cases identified uses will be allowed with permission from the Orvis Affiliate Management team.


You are restricted from using orvis.com or www.orvis.com in any part of the display URL in any search ads. The exception to this guideline is when orvis or orvis.com are after the root url. (Example: www.mywebsite.com/orvis)


All above stated guidelines are inclusive of all search engines and devices (desktop, mobile, and tablet).


Affiliates may not direct link to the Orvis Website.


Additionally, the use of geo-targeting or day-parting, as a tactic to avert the promotional guidelines is prohibited.


Failure to remove these trademark/brand violations on a timely basis (within 48 hours of notification) may result in the loss of commissions or termination from the Program.


5. Website Content and Domain Guidelines


You may not use the Orvis name in the meta tags on your website, excessive use of the Orvis name on your Website for the purposes of advanced placement in organic search.


You are prohibited from registering or purchasing domain names including Orvis or any misspelling or variations. Affiliates participating in this type of strategy will be immediately deactivated from the Orvis Affiliate Program, while losing all pending commissions.


6. Customer Service Policies


Customers who purchase products through the Program will be deemed to be customers of Orvis. Orvis rules, policies, and procedures regarding customer orders, customer service and product sales will apply to those customers. Orvis reserves the right to change said policies and operating procedures at any time.


7. Pricing


All products sold under this Program will be in accordance with Orvis pricing policies. A product feed file will be accessible to all affiliates, that will include the most updated Orvis product pricing and information. It is Orvis’ preference that this feed information is used for pricing references. Because Orvis reserves the right to change product prices, you are not permitted to list prices for Orvis products on your web site unless given specific written permission by Orvis to do so or have procured the pricing from the Orvis approved product feed noted above. You must remove any Orvis approved pricing specifications from your site at the end of the authorized period, or whenever directed by Orvis to do so. You may not make any claims of price or availability that are contrary to the information, if any, provided by the Orvis site.


8. Order Processing


Orvis will process product orders placed by customers who follow the Affiliate Link to us from your site. We reserve the right to reject orders that do not comply with any requirements we may periodically establish, in our discretion. Orvis will be responsible for all aspects of order processing and fulfillment. Orvis will prepare the order forms, process payments, cancellations, returns, and handle customer service.


9. Identifying Yourself as an Orvis Affiliate


Orvis will make available to you a small graphic image that identifies your site as a Program participant. You will display this logo or the phrase, "in affiliation with The Orvis Company, Inc." somewhere on your site. The logo or phrase may be linked to the following message at the affiliate’s option:


The Orvis Company, Inc. is pleased to have {affiliates name goes here} as a member of the Orvis Affiliate Network. We have agreed to ship products and provide customer service for orders we receive through special links on {affiliates web site name goes here}. We hope you enjoy our broad assortment of products.


We may modify the text or graphic image of this notice from time to time.


10. Limited License


We grant you a non-exclusive, revocable and non-assignable right to use the icon and message described in Section 9 and such other icons and images for which we grant written permission, solely for the purpose of identifying your site as a participant in our Affiliate Program and to assist in generating product sales. You may not modify and Orvis Intellectual Property, any icon, text, or any of our images in any way. Orvis reserves all rights in the icon, the message, and any other images, used by you in connection with the Program, including trade names, trademarks, service marks, logos, and all other intellectual property rights of Orvis (collectively, the "Marks").


You will acquire no proprietary rights to any Marks by virtue of this Agreement and your use of any Marks will inure solely to the benefit of Orvis. You also agree not to use any other trademark, service mark, symbol, term or phrase in close proximity to any of the Marks or in any manner that tends to create or does create any form of composite mark. You will use the ®, "™", "SM" or other appropriate symbol in connection with the Marks, as specified by Orvis, and will maintain a high quality of lettering style and design for any uses of any of the Marks. You will cease all uses of the Marks upon termination of this Agreement.


11. Responsibility of Your Site


You will be solely responsible for the development, operation and maintenance of your site. You are solely responsible for all materials that appear on your site. Orvis disclaims all liability for these matters. Further, you agree to indemnify and hold us harmless from all claims, damages, losses, costs, and expenses (including, without limitation, attorneys and court costs) relating to the development, operation, maintenance, and contents of your site.


12. Terms of the Agreement


The terms of this Agreement will begin upon our acceptance of your Affiliate Program application and will end when terminated, in writing, by either party. Either party may terminate this agreement and the affiliate relationship at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn commissions on sales occurring during said term, and the fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. Orvis may withhold final payment for a reasonable time to ensure that the correct amount is paid.


If you are found to be in violation of any of the terms of the program, Orvis will withhold payment of commissions, beginning at least 7 days prior to the discovery of the indiscretion. If correspondence is not answered within 48 hours, you face indefinite withholding of fee payment and potential deactivation from the program.


13. Modification


Orvis may modify any of the terms and conditions contained in this Agreement at any time, and at our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, but are not limited to, changes in commissions, fee schedules, payment procedures, and Program rules.


IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR A NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.


13. The Affiliate Relationship


The relationship between the parties to this Agreement is that of independent contractors. Participation in the Orvis Affiliate Program does not create any employer/employee, partnership, joint venture, agency, or franchise relationship. The affiliate has no authority to represent Orvis or to make or accept offers on Orvis’ behalf. The affiliate is legally and wholly responsible for all content posted on the affiliate’s site (including but not limited to intellectual property rights, trademarks, copyrights, libelous or illegal materials) and will indemnify and hold Orvis harmless from all expenses, damages, losses, costs (including attorneys’ fees and court costs) and claims relating to the affiliate’s site and content thereon. The affiliate relationship is not transferable. No statement may be made on the affiliate’s site or in person to contradict this section.


14. Limitation of Liability


WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF REVENUE, PROFITS, OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.


15. Disclaimers


We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, but not limited to, warranties of fitness, the implied warranty of merchantability and non-infringement, or any implied warranties arising out of a course of performance, dealing or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.


16. Independent Investigation


YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND BY SIGNING THE AFFILIATE APPLICATIONS FORM YOU AGREE TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.


17. Identification of Affiliates


We may identify you or your site as a participant in the Program without providing you prior notice or obtaining your specific written consent. Such identification may be oral, written, or electronic, and may include (but is not limited to) public announcements, promotional materials, internal and external reports, and public filings.


18. Assignment


You may not assign this Agreement by operation of law or otherwise, without prior written consent from Orvis. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.


19. Scope of Agreement


This Agreement constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements or representations between the parties. This Agreement may only be modified as specified in Section 17 above.