Summary of the Affiliate Agreement

Affiliate agrees to the following summary representation policies as detailed in our Affiliate Agreement.

Search Terms. Affiliate will represent themselves on search engine results only as an ‘Affiliate of Shutterfly”. Notwithstanding the foregoing, Affiliate shall not bid on any search terms that include the word “SHUTTERFLY” or certain variations thereof for use in search engines, such as Overture, Google, and MSN. Specifically, this policy prohibits Affiliate from bidding on Shutterfly’s trademark, “Shutterfly”, and any keyword string or variations of Shutterfly’s trademark (collectively “Shutterfly Mark”) that includes this term. For clarity, Shutterfly Marks are defined to include, but not limited to:

• Shutterfly trademark, “Shutterfly”, and any keyword string that includes this term. For example, “Shutterfly digital prints”, “Shutterfly photo products”, etc.; and


• Variations of Shutterfly trademark: for example “Shutterfly.com”, “www.shutterfly.com”, “Shutter-fly”, “Shutterbug”, etc.

Domain Name. Affiliate shall not use Shutterfly’s domain name or display URL (i.e., www.shutterfly.com). Specially, this policy prohibits Affiliates from using variations of Shutterfly’s domain name or display URL without the consent of Shutterfly (i.e., www.shutterfly-deals.com).

Creative. Shutterfly shall review Affiliate’s creative if Affiliate bids on Shutterfly Marks. Affiliate is required to have written approval from Shutterfly.

More specifically, Affiliate agrees to the following requirements:

• Search arbitrage is forbidden. Affiliate may not engage in paid search listings that feature a URL with the word “shutterfly” included and may not link directly from a paid search listing to any page of the Shutterfly site. Affiliate may not frame the Shutterfly site and may not link directly to such a framed site from a paid search listing. This applies to all search terms, both branded (trademarked) and general keywords.


• Affiliate may engage in paid search to promote the Shutterfly brand only when using non-branded keywords such as photo books, photo cards, photo calendars, etc. In such case, they must link to their site or an intermediary page, provided that the linked page may not display ads from any service competitive with Shutterly. Traffic may not be automatically redirected from any such page to the Shutterfly site.


• Affiliate may not bid on “Shutterfly” branded keywords, including but not limited to words such as “Shutterfly,” or “shutterfly.com,” or “shutterflyphotos.” This restriction extends to misspellings or variations of “Shutterfly” and to phrases that include “shutterfly,” such as “shutterfly coupon,” “shutterfly coupon code,” etc.


• Affiliate agrees not to employ any so-called fat-finger domains or typosquatters redirecting web traffic to the Affiliate’s link without first notifying merchant of the use of such domains and registration information pertaining to such domains as Merchant shall specify, prior to commencing the use and following termination of the use of a fat-finger domain. A typosquatter or a fat-finger domain is any domain that amounts to a misspelling of any registered or unregistered Merchant trademark. Examples of these types of misspelled domains, include, but are not limited to the following: shutteryfly.com


• Affiliate may not bid on Shutterfly competitors’ trademarks to list the Shutterfly brand name.


• Each Affiliate must convey that it is an affiliate by adding such copy as “aff”, “affiliate”, “partner”, “publisher”, “partner listing”, “affiliate listing”, or “publisher listing” when including our brand name in ad copy. For example, if a publisher is bidding on a keyword such as: photo book, they can include the word Shutterfly in their ad copy but at the same time, they should also convey that they are an affiliate of Shutterfly and in no way represent themselves as a competitor or the company itself.


• Affiliate may not use terms implying the Affiliate represents Shutterfly, such as “official site,” in ad copy that is displayed on search engines.


• Affiliate may not use Shutterfly trademarks, trade names or service marks in meta tags, in hidden text or source code, in their domain name or any other part of its Universal Record locator (URL).

  If an Affiliate listing is displayed in the search results for any Shutterfly branded keywords, Affiliate will take appropriate action to remove their listing from the search engines upon Shutterfly’s request.

Under no circumstances shall Affiliate send commercial electronic mail messages as defined in the new Federal spam law, the CAN-SPAM Act of 2003 [the “Act”], with respect to Shutterfly’s Affiliate Program. For clarification, this does not prohibit Affiliate from sending transactional or relationship messages as defined in the Act.

In addition, except as expressly authorized by Shutterfly, any and all electronic messages initiated or sent by Affiliate or on Affiliate’s behalf must identify Affiliate as the sender and may not suggest or imply, or mislead or be likely to mislead a recipient into believing that Shutterfly or LinkShare is a sender or sponsor of, or has procured Affiliate to send, such electronic messages. To be clear, Affiliate may not use a return address, subject heading, header information or message contents that misleads or confuses or is likely to mislead or confuse a recipient as to Affiliate being the sender.

Furthermore, Shutterfly must approve Affiliate electronic messages before sending.

Entire Affiliate Agreement

Be sure to read Shutterfly’s entire Affiliate Agreement.

If the Affiliate breaches any of these Shutterfly Terms and Conditions, Affiliate may be removed from the Affiliate Program immediately and/or permanently. Shutterfly also reserves the right to withhold, or cancel any and all compensation for transactions not in compliance with these Terms and Conditions.

Have other questions about Shutterfly’s Affiliate Program?
Contact Asham Kaur, Affiliate Manager