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Target.com Marketer Specific Terms
 1
Target.com Marketer Specific Terms
Please read this document carefully.
These Marketer Specific Terms (the “Agreement”) contains terms and conditions that apply to yourparticipation as an Affiliate in Target.com’s Affiliate Program through Performics Inc. (“the Program”),and the establishment of links from your Web site to our Web site at www.target.com. As used in thisAgreement, “we” and “our” mean Target.com, a division of Target Corporation, and its parent and relatedentities (collectively, “Target”), and “you” and “your” mean the Affiliate applicant. By submitting yourAffiliate Application and participating in the Program you are confirming that you have read thisAgreement and you agree to be bound by these terms and conditions. This Agreement supplements theagreement you have previously executed with Performics Inc. To the extent that any of the terms orconditions set forth in this Agreement conflict with those set forth in your agreement with Performics, thisAgreement shall control.1. Enrollment in the Program. To begin the enrollment process, you must submit a completeAffiliate Application via our site through the Performics Inc. performance-based marketing network of online distribution channels (the “Performics Network”). We will evaluate your application and will notifyyou of your acceptance or rejection for participation in the Program. We may reject your application if wedetermine (in our sole discretion) that your site is unsuitable for the Program for any reason. Unsuitablesites include, but are not limited to, those that:
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Contain or promote materials that are sexually explicit or that could be deemed obscene,pornographic or excessively violent;
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Promote violence or hate toward any persons or groups;
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Promote discrimination based on race, sex, age, religion, nationality, disability or sexual orientation;
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Promote illegal activities;
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Promote the sale or use of tobacco products, alcohol products or gambling;
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Violate any federal, state or local law (including privacy and “spam” laws);
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Contain material that, in our sole judgment, is defamatory, fraudulent or harassing;
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Misrepresent themselves as a Target Web site by using the “look and feel” of or text from our site;
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Include “Target” or variations or misspellings thereof in their domain names;
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Otherwise violate intellectual property rights of Target or its affiliates;
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Do not clearly state an online privacy policy to their visitors;
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Require a user name and password to access;
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Are non-US based sites or are sites that primarily serve a non-US based audience;
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Are unable to direct a reasonable amount of traffic by way of sales volume, clicks and page views toour site;
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Otherwise are considered (in our sole judgment) offensive or inappropriate;
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Excessively use pop-ups;
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Require downloads and/or unknowingly download software to visitors’ computers;
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Link to or provide a portion of their commission or affiliate benefits to sites or organizations thatviolate any of the above criteria;
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Are under construction; or
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Do not have a clear focus on e-commerce (sites that do not sell products or feature merchants willneed to submit a business plan describing how they will drive revenue for Target.com).Employees, family members of employees, or any entities directly or indirectly owned or controlled byemployees or family members of Target Corporation or its subsidiaries, suppliers of Target and advertising,promotion and fulfillment agencies of Target are not permitted to be affiliates.Our acceptance criteria are subject to change at any time without prior notice.If your Application is not accepted, you may reapply to the Program at any time; however, you may notlink to our site unless you are approved for the Program. If you are accepted into the Program, you will beable to participate in the Program subject to the terms and conditions of this Agreement as well as your
 
Target.com Marketer Specific Terms
 2
agreement with Performics. You should also note that if you are accepted to participate in the Program andyour site is thereafter determined (in our sole discretion) to be unsuitable based on our criteria for theProgram, we may terminate this Agreement and you may no longer link to our site. You must notify us if the nature of your site changes in any material way.2. Offers.a. From time to time, we may post on the Performics Network specific offers (“Offers”) to pay membersof the Performics Network a specified referral fee on sales of Qualifying Products (as defined below) tothird parties through a Qualifying Link. “Qualifying Link” means a link from your site to our site usingone of the URLs or graphic links specified in the Offer and provided by Target (through the PerformicsNetwork) for use in the Program if it is the last link to our site that the Customer uses before purchasing aproduct on our site.b. The terms of an Offer, as posted on the Performics Network or otherwise communicated to you, shallbe governed by the terms and conditions of this Agreement. However, in the event of any inconsistencybetween the terms of the specific Offer and the terms of this Agreement, the terms of theOffer shall govern.c. At any time prior to you providing a Qualifying Link, we may with or without notice (a) change,suspend or discontinue any aspect of an Offer or (b) remove, alter, or modify any graphic or banner adprovided to you pursuant to an Offer. You agree to promptly implement any request from Target toremove, alter or modify any graphic or banner ad submitted by you that is being used in connection withan Offer.d. You are only allowed to use Target promotion codes that are communicated specifically to you via thePerformics Network on behalf of Target. If you use Target promotion codes from other sources (e.g.,Target e-mails or other partner communications), we may terminate this Agreement and remove youfrom the Program.3. Links on Your Site.a. Links Provided by Target. If you are accepted into the Program, we will make available to youQualifying Links that, subject to the terms and conditions of this Agreement, you may display as often andin as many areas on your site as you desire. The Qualifying Links will serve to identify your site as amember of the Program and will establish a link from your site to ours. All Qualifying Links that you willuse in the Program will be provided to you from the Performics Network’s or Target’s network servers orby other means selected by us. You also agree that you will display in your site only those graphic images(indicating a Qualifying Link) that are provided by us, and you will substitute such images with any newimages provided by us from time to time throughout the term of this Agreement. Only valid QualifyingLinks generated by the Performics Network will be tracked for purposes of determining referral fees thatyou may be eligible to receive on sales of Qualifying Products generated through your site.b. Additional Requirements. As a condition to your acceptance and participation in theProgram, you agree to not undertake or engage in the following practices, and any violation of this Sectionshall be deemed a material breach of this Agreement and may result in immediate termination from theProgram:
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use the Target name, or any variation thereof, in any manner not expressly authorized by thisAgreement;
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use or otherwise incorporate the word “Target” or variations or misspellings thereof in the domainname(s) of your site(s), on any meta tags of Web pages comprising your site(s), in hidden text or sourcecode, or in searchable keywords;
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bid on Target brand keywords or keyword strings (e.g., ‘target’, ‘target.com’, ‘target clearance’, ‘targetweekly ad’, ‘target baby’, ‘target store’) in pay-per-click search engines.
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engineer your site in such a manner that pulls Internet traffic away from Target.com
 
via natural searchoptimization. Techniques include:-Utilizing “target” in any of the fields listed page title, URL, meta keyword/description.
 
Target.com Marketer Specific Terms
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use Target’s merchandiser datafeed on a site other than the site we have approved pursuant to theProgram;
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distribute Target’s merchandiser datafeed to a third party shopping site (e.g., Yahoo!, MSN, eBay,Google Products, AOL) regardless of whether or not we are already advertising our products on that site;
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attempt to modify or alter our site in any way;
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make any representations, either express or implied, or create an appearance that a visitor to your site isvisiting our site, e.g., “framing” the Target.com site, without our prior written approval;or
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“scrape” or “spider” the Target.com site or any other Target Web site for content (such as images, logosor text).In addition, you agree to add Target brand terms as a negative to your campaign to avoid broad/phrasematching. This will help eliminate any appearances of Target.com due to your match type.If your site donates any portion of its referral fees to any school, foundation or other charitableorganization, you may not state or imply that Target endorses such activities or is responsible in any wayfor the inclusion and donation of funds to any of the schools, foundations or charities associated with yoursite.c. Compliance with the Agreement. We have the right in our sole and absolute discretion to monitoryour site at any time and from time to time to determine if you are in compliance with the terms of thisAgreement, and you agree to provide us with unrestricted access to your site for such purpose.4. Your Responsibilities. You will be solely responsible for the development, operation and maintenanceof your site and for all content that appears on your site. For example, you will be solely responsible for:
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the technical operation of your site and all related equipment;
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the accuracy, timeliness and appropriateness of content posted on your site (including, among otherthings, all product-related materials);
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ensuring that your site complies with all applicable copyright and other laws;
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ensuring that your site does not to employ the use of any type of software download or technology thatintercepts or re-directs traffic or referral fees to or from any other website without the written consent of merchant;
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ensuring that materials posted on your site do not violate or infringe upon the rights of any third party(including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights);
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ensuring that content posted on your site is not libelous or otherwise illegal;
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ensuring that your e-mails and newsletters, if any, fully comply with all applicable laws and regulations,including the CAN-SPAM Act (affiliates must receive prior approval from us before including Target logosor materials within e-mails); and
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notifying us and the Performics Network of any malfunctioning of the Qualifying Links or other problemswith your participation in the Program in accordance with the terms of the Offer and this Agreement.We disclaim all liability for all such matters. Further, you agree to defend, indemnify and hold us harmlessfrom all claims, damages, and expenses (including, without limitation, attorneys fees) relating to thedevelopment, operation, maintenance or content of your site.5. Order Processing. We will process product orders placed by customers who follow special links fromyour site to the Target.com site in accordance with applicable legal requirements. We reserve the right toreject orders that do not comply with any reasonable requirements that we periodically may establish.We will be responsible for all aspects of order processing and fulfillment. Among other things, we will (i)prepare order forms, (ii) process payments, cancellations and returns, and (iii) handle customer service. Wewill track sales made to customers who purchase products using Qualified Links that you will generateusing the Performics Network’s technology, from your site to our site, and reports summarizing this salesactivity will be available to you through the Performics Network. The form, content, and frequency of thereports are limited to those reports and capabilities available through the Performics Network and may varyfrom time to time in our and/or the Performics Network’s reasonable discretion. Target is not responsiblefor any changes that the Performics Network may make in reporting format, timing, or types of reports
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