ATTENTION:  If you are currently an Influencer for PTT Outdoor or you are applying to become one, you are required to read and agree to these PTT Outdoor Influencer (Affiliate) Terms and Conditions. 

PTT Outdoor Influencer (Affiliate) Terms & Conditions

Updated 10/02/2020

Please read our affiliate terms and conditions carefully before you join our program or begin marketing our program. Each Affiliate is responsible for assuring that its employees, agents and contractors comply with these terms and conditions. By submitting an application or participating in a Campaign, you expressly consent to all the terms and conditions of this Agreement. Affiliate terms and conditions are subject to change. Thank you.  

DEFINITIONS

As used in these terms and conditions: 

(i) “We”, “us”, or “our” refers to PTT Outdoor and our website; 

(ii) “you” or “your” refers to the Influencer; 

(iii) “our website” refers to the PTT Outdoor properties located at www.pttoutdoor.com; 

(iv) “your website” refers to any websites that you will link to our website; 

(v) “Program” refers to the PTT Outdoor Influencer (Affiliates) Program.

(vi) “Ambassador Accounts” refers to one or more of Influencer’s accounts on Approved Media and is identified in the Influencer’s initial application to the Program (or otherwise approved by a PTT Outdoor representative in writing). 

(vii) “Promotional Activities” refers to the advertising, marketing and promotion of PTT Outdoor products by Influencer on an Influencer Account that has been approved by PTT Outdoor. 

ENROLLMENT

You must accurately complete the application to become an affiliate (and provide us with future updates) and not use any aliases or other means to mask your true identity or contact information. After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. Please allow up to 48 hours for your application to be reviewed. We reserve the right to reject any application, however, we encourage you to contact us if you feel we have made an incorrect decision. Including all of the websites that you use in your profile will help us make a better decision.

WEBSITE RESTRICTIONS

Your participating website(s) may not:

1. Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights.
2. Violate any law, rule or regulation.
3. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
4. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
5. Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions and add-ons.

LINKING TO OUR WEBSITE

Upon acceptance into the Program, links will be made available to you through the affiliate interface. Your acceptance in our program means you agree to and abide by the following.  

1. You will only use linking code obtained from the affiliate interface without manipulation.
2. All domains that use your affiliate link must be listed in your affiliate profile.
3. Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner.
4. You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating).
5. Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.

If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using “out” redirects from the same domain where the affiliate link is placed.

PPC & SEARCH ENGINE OPTIMISATION GUIDELINES

If you are enrolled in our Program and participate in PPC/SEO advertising, you must adhere to our PPC & SEO guidelines as follows: 

1. You may not bid on any of our trademarked terms (which are identified below), including any variations or misspellings thereof for search or content-based campaigns on Google, MSN, Yahoo, Facebook or any other network.
2. You may not use our trademarked terms in sequence with any other keyword (i.e. PTT Outdoor Coupons).
3. You may not use our trademarked terms in your ad title, ad copy, display name or as the display url.
4. You may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result. Affiliate links must be directed to an actual page on your website.
5. You may not bid in any manner appearing higher than PTT Outdoor for any search term in position 1-5 in any auction style pay-per-click advertising program

If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your program and we strongly suggest you add our trademarked terms as negative keywords. We have a strict no-tolerance policy on PPC trademark bidding. You will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning if you engage in PPC trademark bidding that uses our trademarked terms.

1. You may not utilise search engine optimisation for brand bidding using PTT Outdoor’s brand name and any or all of its misspellings
2. Trademarked Terms: PTT Outdoor, pttoutdoor.com

COUPON GUIDELINES

If you are enrolled in our Program and your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:

1. You may ONLY advertise coupon codes that are provided to you through the affiliate program.
2. Posting any information about how to work around the requirements of a coupon/promotion (i.e. first-time customers only) will result in removal from the program.
3. Coupons must be displayed in their entirety with the full offer, valid expiration date and code. 
4. You may NOT use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s).
5. You may NOT advertise coupon codes obtained from any non-affiliate marketing channel, including coupon codes from our email, paid search or any other non-affiliate advertising campaigns.
6. You may NOT give the appearance that any ongoing offer requires clicking from your website in order to redeem.  For example, if all items on the site have free shipping over RM30, you may not turn this into an offer that infers that the customer must click from your site to get this deal.

Additionally, if your website ranks on the first page of Google for terms related to our website or company name(s) combined with the words coupon, coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders.

COUPON ATTRIBUTION & AUTHENTICATION

Affiliates whose primary business is posting coupons, who are viewed by the program as being a coupon site, and/or who are tagged as coupon in our system, may not be paid commissions for sales generated without a corresponding valid coupon code. Valid codes are defined as codes that are made available to the affiliate channel in general, through newsletters and directly or privately to affiliates. Coupon codes that are not real, expired, not specific (i.e up to 40% off sale items) or are long-term sitewide offers that do not require a code may not be considered valid codes and the affiliate will not be given a commission on these orders. 

SUB-AFFILIATE NETWORKS

Promoting PTT Outdoor through a sub-affiliate network is permitted, however, you must be completely transparent with regards to where traffic from your sub-affiliates originated. Sub-affiliate networks must ensure that all sub-affiliates promoting PTT Outdoor adhere to our program terms and conditions. This includes restrictions on advertising through toolbars, browser extensions, and through any paid placements such as a pay-per-click campaign. Sub-affiliate networks must also receive approval prior to allowing any type of coupon sub-affiliate to promote PTT Outdoor.

Failure to comply with our sub-affiliate network terms may result in a loss and/or reduction of commission from sales made through any sub-affiliate that does not comply with our program terms.

DOMAIN NAMES

Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited i.e. pttoutdoor.website.com or www.pttoutdoor-coupons.com

ADVERTISING & PUBLICITY

You shall not create, publish, distribute, or print any written material that makes reference to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via 

1. Email Campaigns:
   • Affiliate must provide an opt-out link in the email
   • Email must be sent on your behalf and must not imply that the e-mail is being sent on behalf of PTT Outdoor.
   • Emails must first be submitted to us for approval prior to being sent or we must be sent a copy of the e-mail.
   • Affiliate agrees that failure to provide so and remove all emails from the database before mailing may result in Commission withholdings, removal or suspension from all or part of the Program, possible legal action and any other rights or remedies available to PTT Outdoor pursuant to this Agreement or otherwise

SOCIAL MEDIA

Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines: 

1. You ARE allowed to promote offers to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Twitter, etc. pages. For example: You may post, “25% off sale at PTT Outdoor through Wednesday with code PTTOUTDOOR25.” PTT Outdoor’s Facebook, Twitter, Pinterest, etc. company pages in an attempt to turn those links into affiliate sales.
2. You ARE PROHIBITED from running Facebook ads with PTT Outdoor’s trademarked company name.
3. You ARE PROHIBITED from creating a social media account that includes PTT Outdoor trademark in the page name and/or username.

OTHER OBLIGATIONS OF PARTIES

PTT Outdoor shall not campaign any Commissions to Affiliate on orders which are returned by its customers or any invalid orders. In the event of partial returns of orders, PTT Outdoor shall extend Commissions only on that part of the order which is successfully completed and has not been returned. For the avoidance of doubt, there shall be no Commission payable on any returned part of an order. 

CONFIDENTIALITY

Except as otherwise provided in this Agreement or with the consent of PTT Outdoor, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Affiliate Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you. Affiliate shall not use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Affiliate Program, or assist another party to do the same. 

LIMITED LICENSE & INTELLECTUAL PROPERTY

1. We grant you a non-exclusive, non-transferable, revocable right to use the Links and to access our website through the Links solely in accordance with the terms of this Agreement, for the sole purpose of identifying your Media as a participant in the Affiliate Program and assisting in increasing sales through the Program Web Site. 
2. You may not alter, modify, manipulate or create derivative works of the Links or any PTT Outdoor graphics, creative, copy or other materials owned by, or licensed to, PTT Outdoor in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the Affiliate Program. We may revoke your license anytime by giving you written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of PTT Outdoor’s trademarks, service marks, copyrights, patents or trade secrets. You agree that PTT Outdoor may use any suggestion, comment or recommendation you choose to provide to PTT Outdoor without compensation. All rights not expressly granted in this Agreement are reserved by PTT Outdoor.

OPERATIONS OUTSIDE MALAYSIA

If you are conducting business in or taking orders from persons in other countries, you will follow the laws of those countries.  For example, you will comply with the European Union’s Privacy and Electronic Communications Directive if you are conducting business in or taking orders from persons in one or more of the European Union countries.

REVERSAL & COMMUNICATION POLICY

PTT Outdoor takes pride in its very low reversal rate, which we attribute to open communication with our affiliates. However, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions.

Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy. 

1. You are not forthcoming, intentionally vague or are found to be lying.    
2. You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.
3. You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.

If any of the above apply, then we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the program for the period or orders in question. We know that many violations are a result of automated processes; however it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to pro-actively address these issues and adhere to our program rules.

TERMINATION

This Agreement shall commence on the date of our approval of your Affiliate Program application and shall continue thereafter until terminated as provided herein. You may terminate your participation in the Affiliate Program at any time by removing all Links from your Media, deleting all copies of the Links. We may terminate your participation in one or more Campaigns or this Agreement at any time and for any reason which we deem appropriate with or without prior notice to you by disabling the Links or providing you with a written notice. Upon termination of your participation in one or more Campaigns or this Agreement for any reason, you will immediately cease all use of and delete all Links, plus all PTT Outdoor intellectual property, and will cease representing yourself as a PTT Outdoor affiliate for such one or more Campaigns. All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination.

REMEDIES

In addition to any other rights and remedies available to us under this Agreement, PTT Outdoor reserves the right to delete any actions submitted through your Links and withhold and freeze any unpaid Commissions or chargeback paid Commissions to your account if (i) PTT Outdoor determines that you have violated this Agreement, (ii) PTT Outdoor receives any complaints about your participation in the Affiliate Program which PTT Outdoor reasonably believes to violate this Agreement or (iii) any Qualified Action is later determined to have not met the requirements set forth in this Agreement or on the Affiliate Program. Such withholding or freezing of Commissions, or chargebacks for paid Commissions, shall be without regard as to whether or not such Commissions were earned as a result of such breach. In the event of a material breach of this Agreement, PTT Outdoor reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.

MODIFICATIONS

In addition to any notice permitted to be given under this Agreement, we may modify any of the terms and conditions of this Agreement at any time by providing you with a notification by email. The changes will become effective ten (10) business days after such notice. If the modifications are unacceptable to you, you may terminate this Agreement without penalty solely on the account of such termination within such ten (10) business day period. Your continued participation in this Affiliate Program ten (10) business days after a change notice has been posted will constitute your acceptance of such change. In addition, PTT Outdoor may change, suspend or discontinue any aspect of a Campaign or Link or remove, alter, or modify any tags, text, graphic or banner ad in connection with a Link. Affiliate agrees to promptly implement any request from PTT Outdoor to remove, alter or modify any Link, graphic or banner ad that is being used by Affiliate as part of the Affiliate Program.

INDEPENDENT INVESTIGATION

You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Affiliate Program and each Campaign and are not relying on any representation, guarantee or statement other than as set forth in this Agreement or on the Affiliate Program. 

DISCLAIMERS

This Affiliate Program and links, and the products and services provided in connection therewith, are provided to affiliate “as is”. Except as expressly set forth herein, PTT Outdoor expressly disclaims all warranties, express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and noninfringement, and any warranties arising out of course of dealing, usage, or trade. PTT Outdoor does not warrant that the Affiliate Program or links will meet affiliate’s specific requirements or that the operation of the Affiliate Program or links will be completely error-free or uninterrupted. PTT Outdoor expressly disclaims any liability for any act or omission of a client or their products or services. PTT Outdoor does not guarantee that affiliate will earn any specific amount of commissions. 

LIMITATION OF LIABILITY

In no event shall PTT Outdoor be liable for any unavailability or inoperability of the links, program websites, technical malfunction, computer error, corruption or loss of information, or other injury, damage or disruption of any kind beyond the reasonable control of PTT Outdoor. In no event will PTT Outdoor be liable for any indirect, incidental, consequential, personal injury/wrongful death, special or exemplary damages, including but not limited to, loss of profits or loss of business opportunity, even if such damages are foreseeable and whether or not PTT Outdoor has been advised of the possibility thereof. PTT Outdoor’s cumulative liability to Affiliate, from all causes of action and all theories of liability, will be limited to and will not exceed the amounts paid to Affiliate by PTT Outdoor in commissions during the six (6) months immediately prior to such claim. 

GOVERNING LAW & MISCELLANEOUS

1. This Agreement shall be governed, construed, and enforced in accordance with the laws of Malaysia. This Agreement contains the entire agreement between PTT Outdoor and Affiliate with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Affiliate agrees that PTT Outdoor shall not be subject to or bound by any Affiliate insertion order or online terms and conditions that amend, conflict with or supplement this Agreement, regardless of whether PTT Outdoor “clicks through” or otherwise indicates its acceptance thereof. Affiliate may not assign all or any part of this Agreement without PTT Outdoor’s prior written consent. PTT Outdoor may assign this Agreement at any time with notice to Affiliate. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto. Any accrued payment obligations shall survive the termination of this Agreement. Except as set forth in the “Modifications” section above, this Agreement may not be modified without the prior written consent of both parties. If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. Each party to this Agreement is an independent contractor in relation to the other party with respect to all matters arising under this Agreement. Nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties. No course of dealing nor any delay in exercising any rights hereunder shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.
2. By submitting an application to Affiliate Program, you affirm and acknowledge that you have read this Agreement in its entirety and agree to be bound by all of its terms and conditions. If you do not wish to be bound by this Agreement, you should not submit an application to the Affiliate Program. If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement.

© 2020 PTT Outdoor (MY) Sdn Bhd