ShopSimon™ 

The SHOPSIMON INFLUENCER PROGRAM 

Terms of Use

This ShopSimon Influencer Program Terms of Use Agreement (“Influencer Program Terms of Use") applies to your use of and activity within the ShopSimon Influencer Program, your custom tracking links, your storefront page and the management section and other related pieces of the program provided online and in ShopSimon’ mobile applications (collectively, the technology and the general service provided, the “ShopSimon Influencer Program”). BY USE OF OR ANY PARTICIPATION IN THE SHOPSIMON INFLUENCER PROGRAM, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE OR PARTICIPATE IN ANY WAY IN THE SHOPSIMON INFLUENCER PROGRAM. This Influencer Program Terms of Use is subject to the ShopSimon Terms of Service (“TOS”) located at https://shop.simon.com/policies/terms-of-service and our Privacy Policy (“Privacy Policy”) located at https://shop.simon.com/policies/privacy-policy, and to the extent of any conflict between these Influencer Program Terms of Use and the TOS and/or Privacy Policy, the TOS and/or Privacy Policy shall control. Any reference to “Platform” in the TOS and/or Privacy Policy shall incorporate the Influencer Program.

General Terms of Use

  1. General Use of the Influencer Program.

(i) All media, software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the ShopSimon website, apps and the Influencer Program (collectively, "ShopSimon Content"), including but not limited to the design, selection, arrangement, and coordination of such ShopSimon Content is owned or licensed by or to ShopSimon, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Influencer Terms of Use, no ShopSimon Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without ShopSimon’ prior express written consent.

(ii) While the Influencer Program is in effect and you are an eligible participant, ShopSimon and its licensors grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, limited privilege to access and utilize the ShopSimon Content for purposes of the Influencer Program only and in accordance with these Influencer Program Terms of Use.

(iii) To remain an eligible participant in the Influencer Program, you must comply with the Influencer Program Terms of Use. ShopSimon reserves the right to terminate your account at any time, without notice, for any non-compliance or violation of these Influencer Program Terms of Use. Upon such termination, you will not receive any unpaid commission accumulated up to the date of termination.

(iv) To the fullest extent permitted by law, the Influencer Program, all content used in connection with the Influencer Program and all text, images, merchandise, and other information on, accessible from or available through or in connection with the ShopSimon Content (including the Influencer Program) are provided on an "as available" and "as is" basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and those arising out of course of dealing, usage, or trade. Specifically, but without limitation, ShopSimon does not warrant that: (i) the information available in the Influencer Program is free of errors; (ii) the functions contained in the Influencer Program will be uninterrupted or free of errors; (iii) defects will be corrected, or (iv) the Influencer Program or the server(s) that makes it available are free of viruses or other harmful components.

(v) Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including merchants, are those of the respective author(s) and not of ShopSimon. Neither ShopSimon, its licensors nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Under no circumstances will ShopSimon and/or its licensors be liable for any loss or damage caused by your reliance on information obtained through the Influencer Program.

(vi) You and the ShopSimon acknowledge that their relationship is that of independent contractors. By accepting you into the Influencer Program, ShopSimon is not entering into a principal-agent relationship with you.

  1. Shopping Links

You have the ability through the Influencer Program to generate customized shopping links that track sales generated on the ShopSimon website and mobile apps, and attribute such sales to you (“Shopping Links”). ShopSimon and its licensors provide you with a limited license to use the Influencer Program to create Shopping Links and list such Shopping Links in social media, your web site, email, text messages, and on your storefront (collectively, your “Distribution Platforms”). ShopSimon will provide you with a commission for qualified purchases made by third parties who link through and purchase directly from your Shopping Links (a “Qualified Purchase”). The commission percentage for a Qualified Purchase shall be set forth on the Influencer Program information pages available on the ShopSimon website and mobile apps and is subject to change at any time in ShopSimon sole discretion. Any resulting commission availability shall be in accordance with the then-current terms and conditions of the Influencer Program including without limitation any commission being subject to “pending” status until returns windows have expired and all other terms and conditions have been satisfied. CommissionsPoints earnedaccrued through the Fashion SOCIETYBA Program shall not be counted towards tier upgrades.

The following are some of the requirements for a Qualified Purchase:

(a) Individuals must click through to ShopSimon directly via the Shopping Links you have generated within the Influencer Program and have correctly placed in your Distribution Platform(s). Any modification of the Shopping Link generated by the Influencer Program may result in a transaction not being a Qualified Purchase. Any use of Shopping Links that is not in compliance with the Posting Guidelines set forth below in Section 5 (or, in ShopSimon sole discretion and determination, any use of Shopping Links in violation of any current or future FTC or other government requirements or guidelines) may also result in a transaction not being a Qualified Purchase. A purchase made by you through your Shopping Links is not a Qualifying Purchase and such activity may result in ShopSimon terminating your participation in the Influencer Program.

(b) Individuals must complete their transaction immediately after clicking directly through the Shopping Links directly to ShopSimon. If the individual navigates away to other sites and then returns to ShopSimon via any other third-party site then the tracking may be overwritten and the resulting sale will not be a Qualified Purchase. Therefore, purchases must be completed immediately following clicking through and be done wholly online or via their mobile device. If the individual who clicks through your Shopping Links has disabled 'cookies' on their computer or mobile device, you will not be able to accrue a commission as cookies are used to authenticate purchases. ShopSimon may decide in its sole discretion that a transaction doesn’t meet the requirements of a Qualified Purchase (for example, if ShopSimon decides that a transaction (whether tracked or not) was deemed to have been provided by another website (such as but not limited to a comparison site or a search engine) then the transaction will not be a Qualified Purchase).

(c) If your account is terminated or disabled for any reason, then any pending commission will be revoked and any further transactions which might otherwise become credited to your account will not be deemed to be applicable.

(d) ShopSimon reserves the right to revoke or make Influencer Program adjustments to your commission account balance where it has been determined that any pending, confirmed or distributed commission has been applied in error. This will include but is not limited to transactions where the attribution for the transaction is not genuinely due. Adjustments can include but are not limited to debiting any existing commission from your account, debit any future commission from your account, and exercising any dispute mechanism available through any payment method. ShopSimon reserve the right to apply fraudulent prevention measures as it sees fit.

The Influencer Program is to be exclusively used by individual influencers to refer other individuals to visit and purchase on ShopSimon for that individual’s personal use. ShopSimon may terminate your participation in the Influencer Program and/or revoke any or all commission accrued through the Influencer Program if ShopSimon in its sole and absolute discretion determines that: (a) your activity/interaction with any portion of ShopSimon is that of a reseller, porter, jobber, distributor, wholesaler, freight forwarder or any other similar business activity where your purchases or your facilitation of third party purchases are intended primarily for resale or for freight international forwarding, (b) you have made purchases through your own Shopping Links or (c) for any other reason in ShopSimon’ sole discretion.

If your Influencer Program account is inactive for more than twenty-four (24) months, ShopSimon may close the account permanently and disable any existing, live Shopping Links and any further transactions which might otherwise become credited to your account will not be deemed to be applicable. 

  1. Termination; Influencer Program Representations.

(i) You agree that ShopSimon may, in its sole discretion and without prior notice to you, terminate your access to your account for any reason, including without limitation: (1) attempts to overcome any software security features limiting use of or protecting any content or data, (2) suspected or actual violation of this Influencer Program Terms of Use, (3) suspected or actual copyright infringement, or (4) requests by law enforcement or other government agencies. You agree that ShopSimon and its licensors will not be liable to you or to any third party for termination of your account and/or access to the services. For purposes of clarity, upon any termination of your account for any reason, all licenses granted to you hereunder shall immediately terminate, but all other portions of this Influencer Program Terms of Use shall survive such account termination.

(ii) You hereby represent, warrant and agree to not use the Influencer Program, including any Shopping Links together with any post or submission, in a way that:

  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, profane or which in any way promotes or facilitates any such activity;
  • is or promotes racism, bigotry, terrorism, or any hatred or physical harm of any kind against any group, individual or animal;
  • infringes, violates or misappropriates any patent, trademark, trade secret, copyright, right of publicity or other right of any party, or otherwise promotes or facilitates any such activity;
  • is in violation of any applicable local, state, national and international laws and regulations, or otherwise promotes or facilitates any such activity;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"), chain letters or any form of lottery or gambling, or which in any way promotes or facilitates any such activity;
  • solicits passwords, financial or any other personal identifying information, or otherwise promotes or facilitates any such activity;
  • attempts to gain unauthorized access to the Influencer Program, other accounts, computer systems or networks connected to the Influencer Program, through password mining or otherwise, or which in any way promotes or facilitates any such activity;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of ShopSimon or any third party, or which in any way promotes or facilitates any such activity;
  • harvests or collects any information from individuals, or which in any way promotes or facilitates any such activity;
  • impersonates any person or entity, or which in any way promotes or facilitates any such activity;
  • constitutes any improper or inappropriate (in ShopSimon’ sole determination) communication or attempted communication with a minor;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses, or which in any way promotes or facilitates any such activity or
  • advocates, encourages, or assists any third party in doing any of the foregoing.

(iii) You agree your Distribution Platforms shall not, in any way, copy or resemble the look and feel of ShopSimon website or mobile apps, nor shall you create the impression that your Distribution Platforms are the ShopSimon website or mobile apps or a part of the ShopSimon website or mobile apps. You shall not frame or permit the framing of any page of the ShopSimon website.

(iv) You shall be solely responsible for all content appearing on your Distribution Platforms. You are responsible for and represent and warrant that any and all posts made by you or your affiliates, agents, or assigns, shall be fully compliant with any guidelines and rules posted by cell phone carriers or Social Media Platforms (the term "Social Media Platforms" includes, but is not limited to TikTok, Facebook, X, Instagram, Snapchat, Pinterest, LinkedIn, and any and all blogs or similarly situated websites or apps).

(v) You shall (i) not engage in any illegal activity of any type, including but not limited to displaying illegal content on your Distribution Platforms or offering any illegal good or service; and (ii) comply with all applicable laws, rules and regulations, including, without limitation, CAN-SPAM, Telephone Consumer Protection Act (“TCPA”) and the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf) and to the FTC’s Disclosures 101 for Social Media Influencers (https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf) (“FTC Rules”) and any Internet or applicable advertising regulations or policies.

(vi) You agree not to bid on any keyword in Pay per Click Search Engines (“PPCSEs”) that is a ShopSimon or brand trademark or tradename (or a derivation or misspelling of a trademark, or any other word or term that is likely to cause confusion regarding its affiliation with ShopSimon or a brand).

(vii) You agree not to use ShopSimon Content in any manner that is disparaging or otherwise portrays ShopSimon or any brands sold on its web site in a negative light.

(viii) You acknowledge and agree that ShopSimon has the right in its sole and absolute discretion to monitor your Distribution Platforms at any time to determine if you are in compliance with these Influencer Program Terms of Use. Further, you agree to immediately comply with any requests from ShopSimon to remove specific content from your Distribution Platforms.

(ix) You hereby represent, warrant and agree that you will provide true, accurate, current, and complete information about yourself as prompted by the registration form and your Influencer Content (as defined below) uploads, as further described in Section 4.

  1. Influencer Content Uploads.

(i) Your storefront name and posted content will be publicly visible on the public URL myshoppremiumoutlet/[storefront name].com, and ShopSimon in its sole discretion has the right (without notice) to terminate the use of your chosen storefront name and/or remove any content uploaded to your storefront, and/or remove your storefront altogether. In creating your storefront name and InfluencerContent, you may not (i) include any ShopSimon trademark or service names in your storefront URL, domain name, or other identifier used by you, or (ii) copy or resemble the look and feel of the ShopSimon website or mobile apps, or Influencer Program.

(ii) As between you and ShopSimon, you own content that you create for your storefront or in your posts, including photographs, texts/posts, videos, comments, reviews, ideas, feedback or other materials (the “Influencer Content”). The potential public display and performance of Influencer Content and any resulting publicity generated constitutes the sole consideration for the licenses, waivers and releases granted in this section. You represent and warrant that you will not upload any content to which you do not have the full right to grant the license specified in this Section 4.

By the act of uploading Influencer Content through the Influencer Program, you hereby grant to ShopSimon and its designees the irrevocable, fully paid-up, royalty free, sublicensable, transferable, perpetual, worldwide non-exclusive right and license to reproduce, distribute, transmit, publicly display and perform, modify, create derivative works of, synchronize, broadcast and generally use any such Influencer Content (or parts thereof) whether recorded, distributed, displayed, streamed or performed/broadcast on or transferred to videotape, film, slides, photographs, audio tapes, internet or any other media, now known or later developed. For purposes of clarity, this grant includes without limitation the right to, without payment or reference to you, (a) edit and to use, not use or re-use such content in whole or part as ShopSimon and its designees may elect in its sole discretion, and you agree to release and waive any and all privacy or moral rights you may have with respect to the way in which your name, likeness, image, portrait, picture, voice, appearance and/or performance is displayed or edited within such Influencer Content or in connection with the promotion of such Influencer Content, and (b) broadcast, exhibit, market, sell and otherwise distribute any such content, either in whole or in part(s), and either alone or with other products, for any purpose that ShopSimon or its designees in their sole discretion may determine. UNDER NO CIRCUMSTANCE SHALL ANY DISCLOSURE OF ANY INFLUENCER CONTENT TO SHOPSIMON BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION. BY SUBMITTING ANY INFLUENCER CONTENT TO OR THROUGH THE INFLUENCER PROGRAM, YOU REPRESENT AND WARRANT THAT ALL YOUR INFLUENCER CONTENT WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY, OR OTHER PERSONAL OR PROPRIETARY RIGHTS. YOU REPRESENT AND WARRANT THAT NO INFLUENCER CONTENT WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE, OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLELY REShopSimonNSIBLE FOR YOUR INFLUENCER CONTENT.

  1. Posting Guidelines—Disclosure Rules.

You must disclose your relationship with ShopSimon in your use of Shopping Links in compliance with the FTC Rules. This disclosure is required so your audience understands the connection between you and ShopSimon, and this disclosure must be clear and conspicuous. ShopSimon is not paying you or providing any incentive to make posts that include Shopping Links, but rather you may receive a commission for a Qualified Purchase made by an individual following their click-through of your Shopping Links. Therefore, you must at a minimum provide one of the following ShopSimon Posting Guideline disclosures (or a disclosure that is substantially similar) that is done so in a clear and conspicuous manner based on the platform in which you use a Shopping Link:

 “While I am not being paid for this post, I will receive a commission from ShopSimon for qualifying purchases made through the link(s) above/below” or

“Links provide author with a commission from ShopSimon for qualifying purchases made through the links”

  1. Changes and Termination

ShopSimon reserves the right, at its sole discretion, to change, add or remove portions of this Influencer Program Terms of Use at any time. It is your responsibility to check this Influencer Program Terms of Use and our TOS and Privacy Policy each time before using or participating in the Influencer Program. Your continued use of or participation in the Influencer Program Program following the posting of changes will mean that you accept and agree to the changes.

ShopSimon reserves the right at any time in our discretion, and without prior notice, to discontinue the Influencer Program or to add or change program rules including but not limited to commission rates or other terms or conditions.