Affiliate Tool Terms for Sellers
These Affiliate Tool Terms for Sellers (“Affiliate Tool Terms for Sellers”) govern your (referred to herein as you, your and/or Company) use of the Affiliate Tool (defined below). By using the Affiliate Tool you agree to these Affiliate Tool Terms for Sellers. Please read these Affiliate Tool Terms for Sellers carefully.
Through use of the Affiliate Tool, Creators are eligible to earn fees for promoting your Affiliate Products (defined below). The following definitions apply to these Affiliate Tool Terms for Sellers:
Affiliate Links means a product tag or a link to a product placed within a Creator Post that is used to attribute purchases of Affiliate Products to such post.
Affiliate Products means any products made available by you in the Affiliate Tool which a creator may promote on the Instagram Service through use of Affiliate Links or other means.
Affiliate Tool means Meta's native affiliate marketing tool made available on the Instagram Service, which allows creators to earn fees for promoting products that you make available for affiliate promotion, as well as any related additional features and services we make available to you.
Creator(s) means any individual Instagram user that has been granted access to the Affiliate Tool for purposes of promoting your Affiliate Products.
Creator Post means any media posted on the Instagram Service that includes Affiliate Products and/or an Affiliate Link that, when clicked, directs an Instagram user to a product detail page or a seller’s shop within Instagram.
Instagram Service means all of the Instagram products, features, applications, services, technologies, and software that we provide to advance Instagram's mission, as defined in the Instagram Terms of Use.
Meta, we, our, or us means Meta Platforms Inc., Meta Platforms Ireland Limited, or any related Meta entity.
  1. In order to qualify to use the Affiliate Tool, you must (i) complete the onboarding process, which includes successfully meeting Facebook’s Commerce Eligibility Requirements; (ii) be incorporated within the United States, which includes the District of Columbia; and (iii) complete any other eligibility requirements determined by Meta in its sole discretion.
  2. Your use of the Affiliate Tool is subject in all cases to your ongoing compliance with our Branded Content Policies and our Commerce Product Seller Agreement.
  3. Without limiting anything set forth in the Online Terms (as defined in the Testing Terms) you grant to any Creator using the Affiliate Tool, a non-exclusive, non-transferable, non-sublicensable, irrevocable license to include your Seller Content (as defined in the Seller Agreement) and Affiliate Links in Creator Posts.
  4. You agree and understand that Meta may, in its sole discretion, require that Creator Posts include a disclosure identifying the commercial nature of the partnership between you and the Creator.
  5. You agree to comply with any product-specific terms and policies that we make available to you (online or, prior to being made available online, as separately provided to you) and that such terms and policies will also apply to your use of the Affiliate Tool.
  6. During the Term, you understand and agree that Meta has sole and exclusive authority to select the Creators who participate in testing the Affiliate Tool and post Creator Posts on the Instagram Service.
  7. Creators are entitled to include Affiliate Links in Creator Posts for any and all Affiliate Products made available by you. You understand and agree that the Affiliate Tool does not include functionality that will allow Company to untag itself from any Creator Posts once they have been posted on the Instagram Service.
  8. Current functionality allows for you to add one (1) shop to the Affiliate Tool and you must make your entire catalog within such shop available for Creator Posts during the Term.
  9. Your use of the Affiliate Tool includes access to a dashboard within the Affiliate Tool which includes certain performance metrics for all Creators Posts that include Affiliate Links to your Affiliate Products. During the Term, Meta will pay any commissions arising from product purchases attributable to Affiliate Links to your Affiliate Products. Meta may, in its sole and absolute discretion, increase any payments made to Creators participating in the Affiliate Tool testing.
  10. You understand and agree that after the Term, your continued use of the Affiliate Tool may require that you (i) agree to separate terms and conditions, and (ii) pay any fees owed to Creators that are earned from Affiliate Links to your Affiliate Products.
  11. Any content you make available in connection with the Affiliate Tool, including Affiliate Products and Affiliate Links, is Seller Content as defined in the Seller Agreement. With prior written approval from Company, Meta may use Seller Content in marketing materials to promote the Affiliate Tool or Meta Products, such as case studies featuring Company, and promotion of the Affiliate Tool or Meta Products with uses of: recordings (audio, video, digital, still images and/or excerpts thereof) featuring Company and/or Company employees and Company-owned content in those recordings; quotes, testimonials, and profiles; metrics regarding Company’s participation with the Affiliate Tool; screenshots depicting Company’s public activity with the Affiliate Tool or Meta Products; and additional content or materials approved in writing by Company.
  12. For the avoidance of doubt, Company is responsible for all product purchase transactions attributed to a Creator Post, and any issues associated with such product purchase transactions occurring on its shop, including applicable taxes, refunds, customer service, chargebacks and buyer fraud.
  13. These Affiliate Tool Terms will commence on the date they are accepted by you and will continue for the term set forth in the Testing Terms (the “Term”) Any provisions of these terms including any terms incorporated herein) that by their nature ought to survive, shall survive termination of these terms.
These terms supplement and amends Meta’s standard Beta Product Testing Terms including all terms referenced therein (“Testing Terms”) (as supplemented and amended). Terms not otherwise defined herein have the meaning given in the Testing Terms. The Testing Terms (for clarity, including the Online Terms) are incorporated herein by reference and apply to Company’s access to and use of the Affiliate Tool. For the avoidance of doubt, (a) these terms are part of Company’s use of the Affiliate Tool for purposes of the Testing Terms, and (b) Company’s use of the Affiliate Tool is part of Company’s use of “Meta Products” or “Products” for purposes of the Online Terms. Company further agrees its use of any Meta Products other than the Affiliate Tool, even if used in connection with the Affiliate Tool, will continue to be governed by the Online Terms (and not these terms), unless otherwise agreed in writing signed by an authorized representative of each respective party. In the event of any conflict between these terms and the Testing Terms, these terms will govern, solely with respect to your testing and use of the Affiliate Tool hereunder, and solely to the extent of the conflict. These terms are Meta Confidential Information under the Testing Terms. These terms, including the Testing Terms, constitutes the entire agreement between the parties regarding the subject matter hereof, and supersedes any and all prior or collateral negotiations, proposals, agreements and understandings regarding the same, whether oral or written. By “accepting” these Affiliate Tool Terms for Sellers, or by using the Affiliate Tool, you represent and warrant that you have all authority necessary to bind the Company to these terms.
The Affiliate Tool Terms for Sellers are available here. PLEASE SAVE THE FOREGOING LINK FOR FUTURE REFERENCE. We reserve the right to monitor or audit your compliance with these Affiliate Tool Terms for Sellers and to update these terms from time to time at our discretion, and your continued use of the Affiliate Tool constitutes acceptance of those changes.
Last Modified: May 4, 2022
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