- Janie and Jack Affiliate Program
- Terms & Conditions
Janie and Jack Affiliate Program
Are you a Janie and Jack fan and a blogger or influencer with a focus on moms, newborns, baby, kid’s fashion, lifestyle, K–8 schools or other related topics? Join our affiliate program and start earning generous commissions when your readers shop Janie and Jack clothing and accessories from your site.
Affiliate Program Highlights
- Comission: 8%
- Cookie: 30 days
- Product datafeeds updated daily
- Dedicated support
- Regular newsletters with updates on promotions, contests, and sales opportunities
Sign up for the Janie and Jack affiliate program here.
If you have any questions about our program, check out our FAQs or feel free to send us a note at email@example.com.
What is the Janie and Jack Affiliate Program and how does it work?
The Affiliate Program is a service that allows participating websites to earn commission on sales referred to Janie and Jack using specially tracked links. We provide you with custom links and banners that you can post on your website. Then when a visitor you've referred to us makes a purchase, we'll keep track and give you a commission on the sale.
Is my website eligible for the Affiliate Program?
We accept almost all types of websites that are relevant to our products and do not contain objectionable or offensive materials. We welcome all applications but reserve the right to refuse membership or revoke a membership at any time at our sole discretion.
Are there any fees?
There are no fees associated with the Janie and Jack affiliate program. It is completely free to participate.
Can I become an affiliate if I live outside the United States?
Yes. We accept affiliates from anywhere in the world, as long as ShareASale supports your country of residence. Please keep in mind that all commission payments are currently made in U.S. dollars.
If I have multiple websites, do I need to apply separately for each?
No. You should apply once, list all of your websites on your application and advertise Janie and Jack on any of them once you are approved.
What is your commission rate?
We pay an 8% commission rate on all sales.
Is there a minimum annual threshold?
There is no minimum sales level required to remain in the program, but you will not receive a commission check until you earn $50 in commission.
I don't have a website for my business, I don't want to put banners on my website and/or I place orders on behalf of my clients. Can I still be a Janie and Jack affiliate?
Yes, it just takes some extra effort. Gymboree has text links that can be taken from the ShareASale website in the "Get Links" section, or from our "Getting Started" section. Whenever you get an order from a customer that you would like to fulfill with Janie and Jack products, copy that text link into your browser and press enter. This will take you to the janieandjack.com through ShareASale's routing system and you'll get credit for the sale.
Will you provide extra support for high-traffic websites?
Yes. Contact us we will always be happy to help you with your affiliate efforts.
Do I receive any discounts on Janie and Jack products since I'm an affiliate?
No. However, we recommend you purchase your orders through your own links so you can earn commission on the sales. You are also free to utilize any of the coupon codes advertised.
Can I use images from Janie and Jack on my websites?
All of the content on the Janie and Jack website is protected by copyright. You may use images and content from our websites in the promotion of our products on your own website, however all images must be attributed and/or used in conjunction with the sale of the product through the affiliate programs. The images cannot be used in the general design of your website. If you have a special circumstance that requires the use of any photos, product images or content in a manner that is not consistent with the policy stated above, please contact us for written approval prior to the content's use.
I do not know some of the terminology used here. Where can I learn more?
Check out our General Affiliate Marketing for Beginners Overview for definitions and answers to basic questions.
Does Janie and Jack have a dedicated program manager to contact for more questions?
Yes, we are committed to making our affiliates successful and our program manager is available to help. Please email firstname.lastname@example.org with any questions.
Joining & Creating Links
How do I sign up?
You must first become a member of the ShareASale Affiliate Network, which is our third-party program administrator. You can join both our program and the ShareASale network in one step here. Please note that your application will be approved faster if you use an email address that matches the website in your profile (i.e. email@example.com and www.website.com). This helps prove that you own the domain listed on your profile.
How do I know if my application has been received or if I have been accepted into the affiliate program?
If your application has been submitted correctly, you should receive a confirmation email from ShareASale. If you do not receive this email, please check your spam folder. Otherwise, you might not have finished the process correctly and you should resubmit your application. Once approved, you will receive a welcome email from the affiliate manager.
How do I create links to Janie and Jack?
When you add a banner or link to your website, it will be tagged with your unique ShareASale ID. The easiest way to create links is to visit the Janie and Jack ShareASale Affiliate Page once you've been approved. There, you can browse through the different categories of text and banner links, or make a custom link to any page on the website.
To create a banner link, please log in to ShareASale's affiliate gateway and navigate to the "Get Links" area. Next, click on "Get a Link/Banner," find Janie and Jack and click "Get Links" below our company name. You can also visit the Janie and Jack affiliate page directly here. There you can browse through the different Text Links, Banners, and Datafeed Products and get the corresponding HTML code. When you add that text link, banner or product to your website, it will be tagged with your unique affiliate ID.
Am I obligated to place a certain number of links on my website?
There is neither a minimum nor any limit. We encourage you to use as many as necessary and appropriate to improve click-through and conversion rates. We have found that a creative banner along with a text link or Janie and Jack logo improves effectiveness.
What if I already know HTML and need some advanced help linking?
We are happy to help you with any additional questions you may have. Justcontact us for more information.
Commissions, Account Info & Reporting
How does the affiliate program know when I should receive credit for an order?
ShareASale tracks a cookie that is automatically applied to the computer of a person who clicks on a banner or text link that has your affiliate ID number embedded within it. Each banner or link that you create is specifically tagged with your ShareASale ID number, letting us know that you deserve commission on the sales you send our way. You can access all of these banners and links by logging in your ShareASale Account and choosing from any of the banners or simple text links available.
These links can be used from any website, put directly into a browser or emailed out in the case of text links. You can test a link by copying and pasting it into your browser. If you are directed to the Janie and Jack website, the link is working. Do not copy and paste a landing page url from our website (i.e. www.janieandjack.com?SSAID=123456) and confuse it for an affiliate link, since it will not track properly. All affiliate links begin with "http://www.shareasale.com/r.cfmB=…"
When and how do I get paid?
ShareASale will pay your monthly commission by either check or direct deposit around the 22nd of the following month. Your account needs to have a balance of $50 or more before the end of the month in order to receive a payment. Otherwise, it will continue to roll forward into the next month until the $50 minimum is reached and we can issue a payment.
What sales and revenue reports does ShareASale provide?
Each transaction is logged on ShareASale servers and is available for review in detail. ShareASale will provide real-time tracking of your clicks, sales and commission. Please do not contact Janie and Jack for this information, since we cannot access your account. Use the links below to find some of the most useful reports, but please note that these links will only work if you are an approved affiliate.
What if I forgot my ShareASale account password?
If you've forgotten your ShareASale password, please click on the link here to have your password sent to your email address.
Because your ShareASale account is private, we do not have control over or access to this information. If you have any other issues with your ShareASale account, please contact theShareASale support team.
If a visitor comes to our websites from your website but does not purchase on that visit, you can still earn commission on sales from that customer if they return and make a purchase within 30 days. This works even if they navigate directly to the website on a return visit as long as they haven't deleted their cookies.
Do I earn commission credits if someone clicks on a product on my site and then buys a different product?
Yes. You will receive full credit for any product that is purchased by a customer who clicks on your affiliate link across www.janieandjack.com.
Janie and Jack Affiliate Program Terms & Conditions
These Terms and Conditions (“Terms”) govern your participation and membership in the Janie and Jack Affiliate Program. Please read these Terms carefully before you join our program or begin marketing our Janie and Jack Affiliate Program or our products or services. You are solely responsible for compliance with these Terms at all times by you and your employees, agents and contractors acting on your behalf. Thank you
As used in these Terms:(i) “We”, “us” “our” or “Janie and Jack” means Gymboree Group, Inc. and our websites; (ii) “you” or “your” means the individual or company or other legal entity for which you are accepting these Terms to become an “affiliate” in the Program; (iii) “our website” means the Janie and Jack properties located at www.gymboree.com, www.crazy8.com, and www.janieandjack.com; (iv) “your website” means any websites that you will link to our website; (v) “Program” means the Janie and Jack Affiliate Program; (vi) “Approved Links” means graphical or textual Internet hyper-links to our website that have been approved and provided by Gymboree Group, Inc. in connection with the Program
You must apply for membership in the Program. After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. Please note that it can take 48 hours or more 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. It helps us make a decision if you include all of the websites that you use in your profile.
LIMITED LICENSE TO USE JANIE AND JACK MARKS
Upon receiving written notice of acceptance into the Program, Janie and Jack hereby grants you a limited, revocable, non-transferrable, non-exclusive license during the term of these Terms to use only those Janie and Jack names, trademarks, service marks, trade names, trade dress, logos, graphics, and icons specifically designated and provided by Janie and Jack (“Gymboree Marks”) solely in connection with the Program in accordance with the terms and conditions of these Terms. Your use of the Gymboree Marks will at all times be in accordance with the following: (i) you shall comply with all reasonable guidelines provided by Janie and Jack with respect to the graphic reproduction, appearance, and "look and feel" related to the marketing and representation of Janie and Jack and its products and services; (ii) your use of the Gymboree Marks shall include the appropriate trademark/service mark symbols and you shall not remove such symbols; and (iii) you shall only use the logos, banners, photos as provided by Janie and Jack within the affiliate network. All goodwill associated with any use of the Gymboree Marks will inure to the benefit of Janie and Jack. Janie and Jack reserves all rights not expressly granted herein.
Your participating website(s) may not
- Infringe on our or any other person’s or entity’s intellectual property, publicity, privacy or other rights.
- Violate any law, rule or regulation.
- Contain any content that is threatening, harassing, defamatory, hateful, obscene, harmful to minors, or contains nudity, pornography, sexually explicit materials, or is otherwise objectionable to us.
- Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- 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 receiving written notice of acceptance into the Program, Approved Links will be made available to you through the affiliate interface and Gymboree hereby grants you a limited, revocable, non-transferrable, non-exclusive license during the term of these Terms to post Approved Links on your website in accordance with the terms and conditions of these Terms.
Your acceptance in our Program means you agree to abide by the following
- You will not modify Approved Links.
- All domains that use Approved Links must be listed in your affiliate profile.
- You hereby agree that your website or social media properties will not in any way copy, resemble, or mirror the look and feel of our website or social media properties. You will also not use any means to create the impression that your website or social media properties is our website, a social media property affiliated with our website, or any part of our website including, without limitation, framing of our website in any manner.
- Cookie stuffing, pop-ups, false or misleading links are strictly prohibited. In addition, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
- 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 expressly prohibited and is a direct violation of these Terms.
- Approved Links must be a direct Link (e.g. no interstitials, pop-up windows or redirects).
- Approved Links may not be framed or co-branded by you.
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.
Affiliates may not create affiliate tracking links that also contain a tracking link for the Janie and Jack Refer-A-Friend Referral Program. Affiliates are permitted to participate in either the Program or the Referral Program but individual links must be specific and exclusive to one of the programs. By participating in this Program, you agree not to claim commission or credit from both the Program and from our Referral Program for the same transaction.
MID-CHECKOUT COMMISSION REDUCTION & OVERWRITE RULE
Janie and Jack uses a dynamic pixel system that may make changes to the standard commission in the case of a mid-checkout referral, which is defined as a cookie that is set within a set amount of time prior to the purchase. By reducing our commission on these types of referrals and by closely monitoring the quality of traffic we receive from each affiliate, we will be able to pay out higher commissions for driving new customers and traffic. This logic also gives full credit to the first referring affiliate in the case that a second affiliate enters within a set amount of time prior to the purchase. Mid-checkout commission and overwrite rules are subject to change.
- Two affiliates outside of two minutes before sale, normal "last in" logic applies.
- One affiliate outside of two minutes before sale, one within. "Last in" affiliate will receive 0% commission and first affiliate will receive full commission.
- Single affiliate within last two minutes, 0% commission will apply.
- Two affiliates within last ten minutes, "last in" affiliate will receive the reduced 2% commission.
PAY-PER-CLICK (PPC) GUIDELINES
If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:
- You may not bid on any of our Gymboree Marks or other terms restricted by Janie and Jack, including any variations or misspellings thereof (“Gymboree Marks and Restricted Terms”), for search or content based campaigns on Google, MSN, Bing, Yahoo, Facebook or any other network.
- You may not use Gymboree Marks and Restricted Terms in sequence with any other keyword (i.e. Janie and Jack Coupons).
- You may not use Gymboree Marks and Restricted Terms in your ad title, ad copy, display name or as the display url.
- 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.
- You may not bid in any manner, appearing higher than Janie and Jack for any search term in position 1-5 in any auction style pay-per-click advertising program.
If you automate your PPC campaigns, the responsibility is yours to exclude our Gymboree Marks and Restricted Terms from your program and we strongly suggest you add our Gymboree Marks and Restricted Terms as negative keywords. We have a strict no tolerance policy on PPC trademark bidding. We will not enter a discussion about when the violation started and when it stopped; you will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning.
Gymboree Marks and Restricted Terms include, without limitation: Gymboree Group, Inc., Gymboree, Crazy 8, Janie and Jack, gymboree.com, crazy8.com, janieandjack.com, www.gymboree.com, www.crazy8.com, www.janieandjack.com, www.gymboree.com, Janie and Jack promo, Janie and Jack coupon, Janie and Jack coupons, Janie and Jack discounts, Janie and Jack discount, Janie and Jack promos, Janie and Jack inc, janieandjack.com, janieandjack.com coupon, janieandjack.com coupons, janieandjack.com promo, janieandjack.com promos, Janie and Jack clothes, Janie and Jack’s, Janie and Jack boy, Janie and Jack girl, Janie and Jack baby, Janie and Jack Layette, Janie and Jack Newborn, Janie and Jack gifts, Janie and Jack sale, or any variation of the above.
Janie and Jack can modify this list at any time in its sole and absolute discretion.
If you are enrolled in our Program and your website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
- You may ONLY advertise coupon codes that are provided to you through the Program. You may NOT advertise coupon codes obtained from our non-affiliate advertising, customer e-mails, paid search, or any other campaign.
- 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.
- Coupons must be displayed in their entirety with the full offer, valid expiration date and code.
- You may NOT use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s).
- On click through, you must link directly to our website. Framing of our website is strictly prohibited.
- Cookie Stuffing: You must not mislead customers into clicking on an offer or coupon that does not exist or practice similarly deceptive tactics that are generally accepted as “cookie stuffing.” These include, but are not limited to:
- Using knowingly expired offers or presenting offers that do not exist or are not affiliate offers.
- Making claims that a user must click on a link first to activate or receive an offer.
- Presenting a button that claims to show all offers that sets the affiliate cookie in the background.
- Technology that generates a click or sets the cookie from the action of copying a coupon code or through a pop under.
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 profitably of orders. The current rate is 1%.
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 or the Deals Database in ShareaSale, 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 considered valid codes and the affiliate will not be given commission on these orders.
Promoting Janie and Jack 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 the Janie and Jack program 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 campaigns. Sub-affiliate networks must also receive approval prior to allowing any type of coupon sub-affiliate to promote the Janie and Jack program.
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 / SOCIAL MEDIA NAMES
Affiliate agrees not to register or use any URLs and/or domain names which are considered by Janie and Jack to be infringing any Janie and Jack Marks or to use any Janie and Jack Marks or Restricted Terms. You agree not to use, purchase or otherwise contract with a third party to exploit any of the Gymboree Marks or registered domain names, or any Gymboree Marks or domain names which may, in Janie and Jack’s reasonable discretion, be confused with any Gymboree Marks or registered domain names, including but not limited to misspellings of any Gymboree Marks or registered domain names, whether in metatags or otherwise. Use of any of our trademarked terms, or misspellings of our trademarked terms, as part of the domain or sub-domain for your website is strictly prohibited (e.g., gymboree.website.com or www.gymboree-coupons.com). Use of any of our trademarked terms, or misspellings of our trademarked terms, as part of social media account name or social media URL is strictly prohibited (e.g. www.facebook.com/janieandjack-coupon or twitter.com/janieandjackdeal).
You agree not to use or enable in connection with any Janie and Jack website or affiliate link, or any website or link related or affiliated thereto, BHO’s (browser helper objects), downloadable reminder services, or any other software or code that pops-up or redirects the user.
ADVERTISING & PUBLICITY
You shall not create, publish, distribute, or print any written material that makes reference to our Program without first submitting such material to us and receiving our prior written consent. If you intend to promote our Program via e-mail or SMS/text campaigns, you must adhere to the following:
- At all times comply with applicable laws, regulations and rules, including, without limitation, the CAN-SPAM Act of 2003 (Public Law No. 108-187), and the Federal Telemarketing Sales Rules, including the provision relating to the NATIONAL DO NOT CALL REGISTRY (16 C.F.R. Part 310) and the Telephone Consumer Protection Act of 1991.
- E-mail and SMS/text messages must be sent on your behalf and must not imply that they are being sent on behalf of Janie and Jack.
- E-mail and SMS/text messages must first be submitted to us for written approval prior to being sent.
Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:
- You ARE ALLOWED to promote offers to your own lists; more specifically, you are welcome to use your Approved Links on your own social media properties, Facebook, Twitter, etc...; provided you shall comply with the terms that govern your use of such social media platform. For example: You may post, "25% off sale at Janie and Jack through Wednesday with code JANIEANDJACK25" on Facebook.
- You ARE PROHIBITED from posting your affiliate links on Janie and Jack’s social media properties.
OPERATIONS OUTSIDE UNITED STATES
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
Janie and Jack takes pride in maintaining a 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.
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of these Terms, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy:
- You are not forthcoming, intentionally vague or are found to be lying.
- You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.
- 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, or terminate your membership in our discretion. We know that many violations are a result of automated processes; however it is incumbent upon each affiliate to ensure that they have the appropriate systems, policies and procedures in place to pro-actively address these issues and comply with these Terms.
FTC DISCLOSURE REQUIREMENTS
Consumer protection laws apply equally to marketers across all mediums, including desktops, mobile devices and traditional advertising. Affiliates must disclose ads in a clear and conspicuous manner to avoid the appearance of deception. Please refer to the FTC’s website (http://www.ftc.gov/opa/2013/03/dotcom.shtm) for disclosure guidelines.
You shall include a disclosure statement within any and all pages/posts where Approved Links for our Program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or from the affiliate management team for review, this also must be clearly stated in your disclosure.
- Disclosures must be made as close as possible to the claims.
- Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g. Disclosure should be visible before the jump).
- Pop-up disclosures are prohibited.
For more information about FTC disclosure requirements, please review the FTC's "Dot Com Disclosures" Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf; and the FTC's Endorsement Guidelines at http://business.ftc.gov/advertising-and-marketing/endorsements.
COMPLIANCE WITH LAW
You shall comply with all applicable laws, regulations, and rules in connection with your participation in the Program.
TERM & TERMINATION
Your membership in the Program shall be continuous until terminated. Either party may terminate these Terms (and your membership in the Program) at any time, for any reason, upon five days’ notice thereof to the other party. Janie and Jack may terminate these Terms (and your membership in the Program) immediately if you violate any provision of these Terms. Upon termination, all licenses and other rights granted to you under these terms shall immediately terminate. Those provisions of these Terms that by their terms or sense are intended to survive termination will survive and remain in full force and effect.
Janie and Jack will pay affiliates a percentage of online net merchandise sales (after applying discounts and before adding taxes and shipping). Janie and Jack does not pay a commission on gift certificates or gift cards.
DISCLAIMER & LIMITATION OF LIABILITY
OUR WEBSITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Janie and Jack AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GYMBOREE OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OUR WEBSITE, OR THE PROGRAM, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GYMBOREE’S AGGREGATE LIABILITY ARISING WITH RESPECT TO THESE TERMS SHALL NOT EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THESE TERMS.
You agree to indemnify (and, at our option, defend) Janie and Jack and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your Program profile. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with us in such defense.
You acknowledge that, during the term of these Terms, you may be entrusted with non-public confidential information relating to business, operations or underlying technology of Janie and Jack (“Confidential Information”). You shall not use Confidential Information for purposes other than necessary to further the purpose of these Terms. You shall not disclose Confidential Information to third parties without the prior written consent of Janie and Jack in each instance.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
CHANGES TO THESE TERMS
From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms within the affiliate network. Those changes will go into effect on the "Updated” date shown in the revised Terms. By continuing to participate in the Program, you agree to the revised Terms.
PLEASE PRINT A COPY OF THESE TERMS FOR YOUR RECORDS AND PLEASE CHECK OUR WEBSITE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.
© 2017 Gym-Mark, Inc. & Acceleration Partners LLC