Step 2: Read the Orvis Affiliate Operating Agreement
FREQUENTLY ASKED QUESTIONS

Orvis Affiliate Operating Agreement

 

Overview:

This Agreement contains the complete terms and conditions that apply to an individual’s or entity’s participation in the Orvis Affiliate Programme. The terms and provisions of this Agreement are incorporated by reference in the Affiliate Application. `As used in this Agreement, "we/us/Orvis" means The Orvis Company, Inc. and "you" and "affiliate" means the applicant. "Site" means a World Wide Web site, and dependent upon the context used, refers to either the Orvis site or to your site. "The Programme" refers to the Orvis Affiliate Programme.

1. Enrolment in the Affiliate Programme
To start the enrolment process you will need to complete and return the affiliate application form found below. We will examine your application and notify you of your acceptance into, or rejection from, the Programme. Acceptance into the Programme is based upon the determination by Orvis of suitability for affiliation. Orvis will have sole discretion in determining suitability for inclusion in the Programme.

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 libellous, slanderous, or offensive language

Upon acceptance into the Programme, Orvis will provide you with the graphics and information you will need to complete the enrolment. 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 catalogue 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 referral fees with no recourse.

3. Promotional Guidelines
Affiliates may not utilise the Orvis name, marks or brand on a stand alone basis (such as Orvis, The Orvis Company, Orvis.co.uk, Orvis.com), or other than as set forth below, in any online promotion, search engine, or search engine optimisation scheme or device. This includes but is not limited to use of 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 or use of the Orvis name in any pay for placement search string.

Affiliates are not allowed to bid on the word 'Orvis' within their PPC activity. This restriction includes mis-spellings (and typos) of the brand. Examples: Orviz, Orvia, Orvid, 0rvis,

Affiliates are also not allowed to bid on the word 'Orvis' followed by a generic term such as a product type or number. This restriction includes mis-spellings of the brand. Examples: Orvis Clothing, Orviz Fishing Vest, Orvia Sweater

To avoid broadmatch issues please include restricted terms as negative keywords in all your PPC campaigns for Orvis.

Affiliates are allowed to link their PPC activity directly to the Orvis website: www.orvis.co.uk. If affiliates wish to direct traffic through to their own site then their domains must not include the word 'Orvis'. This restriction includes mis-spellings of the brand. Examples: www.orviz.co.uk, www.orvis-fishing.co.uk, www.orviaclothing.co.uk etc.

Orvis may, on occasion and in its discretion, make available a selection of featured items. Graphics and links directly to these items on the Orvis on-line 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 referral fees, or cause you to be dropped from the Programme. Use of any Orvis offer not specifically designed for the affiliate programme such as coupon codes is prohibited.

You may provide an Orvis search box on your site that will navigate your visitors directly to a page on the Orvis site that contains the results of the search query. Orvis will provide you with the technical specifications describing the process for including an Orvis search box on our site. Under no circumstances may you alter or change, in any way, this search box.


4. Customer Service and Policies

Customers who purchase products through the Programme 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.

5. 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 fulfilment. Orvis will prepare the order forms, process payments, cancellations, returns, and handle customer service.

Affiliate Window will track sales made to customers who purchase products using the Affiliate Link from your site to ours and will provide you with reporting tools summarising such sales activities. To allow accurate tracking, reporting, and accrual of fees, you must ensure that the Affiliate Link between your site and our site is properly formatted.

6. Referral fees
Orvis will pay you a referral fee on qualified product sales to third parties that are not affiliated with you. For a sale to be classified as a "qualified product sale", the third party must follow an Affiliate Link from your site to the Orvis on-line commerce site, select and purchase one of our products using our automated ordering system during that visit to our site, and remit full credit card approved payment to us. Any product purchased during a subsequent visit to our site within 30 days of the initial Affiliate Link visit, will be considered a "qualified product sale". Products that are entitled to earn referral fees under the above set rules are hereinafter referred to as "Qualified Products".

The Affiliate Programme is intended for use only by visitors to your web site. Inasmuch as the Affiliate Programme was never intended to operate as a discount programme, you and persons that are affiliated with you may not purchase products through the Programme for your or their own use. Such purchases may result (in our discretion) in the withholding of referral fees or the termination of the Agreement. All purchases of Orvis products by you and persons that are affiliated with you must be made through channels other than the Affiliate Programme and other than the Affiliate Link.

You will earn referral fees based on the sale price minus VAT of Qualified Products according to the fee schedules established by Orvis. Orvis reserves the right to modify these schedules at any time. " Sale price" means the actual price paid to Orvis by the third party for the Qualified Product as listed on the on-line commerce site at the time of purchase, excluding costs for postage and packing, gift-wrapping, assembly, or any other special handling.

7. Fee amount
Orvis will pay 10% of the actual sale price minus VAT of all Qualified Products sold, excluding the costs of gift-wrapping, postage and packing, or other special handling, and taxes, as a referral fee to the originating affiliate site.

8. Fee Schedule
Orvis will pay referral fees on a fortnightly basis through its affiliate programme management contractor, Affiliate Window. Orvis will make payment for all affiliate commission fees to Affiliate Window. Affiliate Window will remit any payment made to it by Orvis for the benefit of the affiliate after receipt from Orvis.

9. Identifying Yourself as an Orvis Affiliate under the Programme
Orvis will make available to you a small graphic image that identifies your site as a Programme 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 Programme and to assist in generating product sales. You may not modify 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 Programme, 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 Programme 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 referral fees on qualified product sales occurring during said term, and the fees earned through the date of termination will remain payable only if the related orders are not cancelled or returned. Orvis may withhold final payment for a reasonable time to ensure that the correct amount is paid.

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 referral fees, fee schedules, payment procedures, and Programme rules.

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

14. The Affiliate Relationship
The relationship between the parties to this Agreement is that of independent contractors. Participation in the Orvis Affiliate Programme 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, libellous 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.

15. 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 PROGRAMME, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE PROGRAMME WILL NOT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.

16. Disclaimers
We make no express or implied warranties or representations with respect to the Programme or any products sold through the Programme (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.

17. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND BY COMPLETING 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 PROGRAMME AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

18. Identification of Affiliates
We may identify you or your site as a participant in the Programme 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.

19. 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.

20. 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 13 above.

 

Step Three:
Complete and Submit your Orvis Affiliate Application
After you've read the overview and operating agreement,
this is the form used to apply for Affiliate status.

back to the Orvis Affiliate Programme Information page