Where can I find the Standard Terms for Publishers?
You can find Publisher Terms and other contractual documents on the Publisher Terms page.
Which Publisher Terms version(s) and contractual document apply to me?
The Publisher Terms page contains detailed information on which Publisher Terms will apply to you. Note that depending on your activity, multiple terms and additional contractual documents might apply. You can review the chart here to identify which Publisher Terms version and Data Processing Provision apply to you.
ShareASale released a new version of Publisher Terms, effective from the 30th of June 2023. What is the reason behind the update?
We have updated our Standard Terms for Publishers, GDPR and US (former CCPA) Privacy Annexes, Code of Conduct and Publisher Private Network Amendment (together the “Publisher Terms”) which will apply to existing and future publishers on the network by 30 June, 2023. Please see the Publisher Terms page, which hosts all the latest versions of the terms, as well as the related contractual documents.
By continuing to use our platform, including signing into the Interface, you agree to the updated Publisher Terms. You can refer to the guidance on the Publisher Terms page to determine which Publisher Terms apply to you.
We have outlined the most important changes by way of FAQs below.
Why did we make these changes?
The main reason for this Publisher Terms update is that we need to incorporate Awin’s Supplier Code of Conduct into the Publisher Terms and Publisher Code of Conduct.
The Awin Supplier Code of Conduct aims to guarantee human and labor rights as well as environmental protection. Therefore, our suppliers must commit to protect the legal positions set out in the German Supply Chain Due Diligence Act and in further applicable local legislation (e.g. UK Modern Slavery Act 2015) and agree to the minimum requirements for business partners set out in our Supplier Code of Conduct.
The proper implementation of, and compliance with, our Supplier Code of Conduct is a prerequisite for successful collaboration with one or more Awin group companies regardless of less restrictive locally applicable laws and regulations. Additional changes to the Publisher Terms were made as summarized below.
What are the main changes compared to the previous Publisher Terms?
- Per the requirements outlined above, the Awin Supplier Code of Conduct applicable to all Publishers was incorporated into the Publisher Terms and Publisher Code of Conduct by reference in line with the legal requirements especially stemming from German Supply Chain Due Diligence Act. Relevant definitions and clauses referencing the Supplier and Publisher Codes of Conduct were amended in the Publisher Terms.
- Some definitions and references to defined terms were changed or removed to reflect current terminology used in business and/or to reflect legal or operational changes. This includes modifications to the definition of “Publisher”, “Application Form”, “Data Regulation”, “ePrivacy”, “Interface”, “Network Fee” (now “Tracking Fee”), “Subpublisher” and “Subnetwork”, as well as a new definition for the term “Owner” and the removal of certain definitions such as “Admin”, “CPA”, “CPC”, “CPL”, “CPM”, and “Subprocessor” as well as references to data privacy terms as these are already covered under Privacy Annexes. Corresponding changes were made throughout the agreement.
- Clause 1.5 was tweaked to clarify the situations in which the Standard Terms for Publishers prevail over any terms supplied by the Publisher.
- To reflect our information security processes and standards: (i) a new clause 3.7.3 was introduced to ensure that Publishers implement, and allow ShareASale to implement, appropriate security measures, methods or standards; (ii) clauses 3.7.4(b) and 3.9 were amended to include 2SV(two-step verification) recovery codes; and (iii) clause 3.10 was amended to clarify the responsibility of the Publisher in respect to the security of their ShareASale user accounts.
- Clauses 4.1 and 4.3 were amended to reflect how, in practice, publishers are approved to market advertisers and their products, and how Advertiser Materials are made available to Publishers.
- Clause 6.1 was simplified to remove the specific references to the determination of CPA Commissions.
- Clause 6.2 was amended with respect to changes to Commission by Advertisers, to clarify ShareASale’s obligations in this regard.
- Clause 6.3 was amended to clarify that Advertisers agree to pay Bonuses at their discretion.
- Clauses 7.1 was amended for clarity and conciseness.
- Clause 7.2 was removed as this is already covered by clause 6.4.2.
- Clause 7.3.4 with respect to ShareASale using third parties to administer the issuing of payments was removed, to reflect current operations.
- Clause 7.9 (former clause 7.10) was amended to include reference to terms of the Agreement, other than clause 6.4.
- New clauses 7.10 and 7.11 were introduced to clarify, respectively: (i) holding, reporting and payment of unclaimed Commissions and Bonuses as per applicable law; and (ii) rights to recover paid Commissions in the event of an insolvency of an Advertiser.
- Clause 9.3 was adjusted to include additional clauses in respect to the Publisher’s indemnification obligations.
- Clause 10.9 was introduced to cover the right to request information in respect of Publisher's use of the Interface.
- Clause 13.4 was amended to include reference to technology partners and other third parties.
- Clause 14.4 was amended to more explicitly detail operational suspension possibilities.
- Clause 14.5 was incorporated into clause 14.4 (as 14.4.3).
- Clauses 15.1 and 15.2 were reformulated to clarify that the Publisher is responsible for the deactivation of Links.
- The GDPR and US (former CCPA) Privacy Annexes were updated to reflect recent developments in the relevant privacy laws. Specifically these changes were made to: (i) address the requirements of the latest privacy frameworks in force (including in the US); (ii) incorporate the Standard Contractual Clauses where required to facilitate data transfers between the EEA/UK and third countries; (iii) remove the former Brexit clause; (iv) insert more accurate definitions of the relevant processing activities; and (v) further clarify each party’s responsibilities with respect to their respective data privacy obligations.
If you have any questions around these updates to the Publisher Terms, please see the explainers and FAQs hosted on the Help Center. You can also reach out to us via email@example.com