Amazon Business Affiliates Program Operating Agreement

This Affiliate Program Operating Agreement ("Operating Agreement") contains the terms and conditions that govern your participation in the Amazon Business Affiliate Program (the "Program") on the performance marketing relationship platform owned and operated by Impact Tech, Inc. ("Impact"). Any person or entity that participates or attempts to participate in the Program must accept this Operating Agreement without change. "We," "us," or "our" means Amazon.com Services LLC, together with its affiliates. "You" or "your" means the applicant. A "site" means a website. "Amazon Business Site" means the Amazon Business sites or any other site or mobile app that is owned or operated by or on behalf of us or our affiliates and which is identified by us as participating in the Program. "Your Site" means any website(s), social media user-generated content, or online software application(s) that you own or operate and link to the Amazon Business Site.

BY ACCEPTING THE TERMS AND CONDITIONS OF THIS OPERATING AGREEMENT OR A REVISED VERSION OF THE OPERATING AGREEMENT OR OPERATIONAL DOCUMENTATION OF THE AMAZON BUSINESS SITE OR THE IMPACT SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE, YOU AGREE TO BE BOUND BY THIS OPERATING AGREEMENT OR, WHEN AND AS APPLICABLE, TO THE REVISED VERSION OF THE OPERATING AGREEMENT OR OPERATIONAL DOCUMENTATION OF THE AMAZON BUSINESS SITE OR THE IMPACT SITE.

1. Description of the Program. The purpose of the Program is to permit you to advertise Amazon Business Offerings on Your Site and to earn advertising fees for Qualifying Activities (defined in Section 7) made by your end users. An "Amazon Business Offering" is any product, service, subscription, account registration, feature activation, or other offering available on or through the Amazon Business Site, including, but not limited to, Amazon Business account sign-ups, Amazon Prime Business subscriptions, and product purchases. In order to facilitate your advertisement of Amazon Business Offerings, we may make available to you data, images, text, link formats, widgets, links, and other linking tools, and other information in connection with the Program ("Content"). Content specifically excludes any data, images, text, or other information or content relating to products offered on any site other than the Amazon Business Site.
2. Enrollment. To begin the enrollment process, you must submit a complete and accurate Program application. You must identify Your Site(s) in your application. We will evaluate your application and notify you of its acceptance or rejection. We may reject your application if we determine that Your Site is unsuitable. Unsuitable sites include those that:
   (a) promote or contain sexually explicit materials;
   (b) promote violence or contain violent materials or promote, endorse or incite potentially dangerous or harmful acts;
   (c) promote or contain false, deceptive, libelous or defamatory materials;
   (d) promote or contain materials or activity that is hateful, harassing, harmful, invasive of another's privacy, abusive, or discriminatory (including on the basis of race, color, sex, religion, nationality, disability, sexual orientation, or age);
   (e) promote or undertake illegal activities;
   (f) are directed toward minors or knowingly collect, use, or disclose personal information from minors or other applicable age threshold (as defined by applicable laws and regulations); or violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any applicable governmental authority related to protection of minors (for example, if applicable, the Children's Online Privacy Protection Act (15 U.S.C. §§ 6501-6506) or any regulations promulgated thereunder;
   (g) include any trademark of Amazon Business or its affiliates, or a variant or misspelling of a trademark of Amazon Business or its affiliates, in any domain name, subdomain name, or in any username, group name, or other identifier on any social networking site (see the Amazon Trademark Usage Guidelines for examples); or
   (h) otherwise violate intellectual property rights of Amazon Business or any third party.
   We will determine suitability at our sole discretion. If we reject your application, you are welcome to reapply at any time. If we accept your application and we later determine that Your Site is unsuitable, we may terminate this Operating Agreement.
   You will ensure that the information in your Program application and otherwise associated with your account, including your email address and other contact information and identification of Your Site, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Program and this Operating Agreement to the email address then-currently associated with your Program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.
3. Links on Your Site. After you have been notified that you have been accepted into the Program, you may display Special Links on Your Site. "Special Links" are links to the Amazon Business Site that you place on Your Site in accordance with this Operating Agreement, that properly utilize the special "tagged" link formats we provide, and that comply with the Affiliate Program Linking Requirements. Special Links permit accurate tracking, reporting, and accrual of advertising fees.
   You may earn advertising fees only as described in Section 7 and the Operational Documentation and only with respect to activity on the Amazon Business Site occurring directly through Special Links. We will have no obligation to pay you advertising fees if you fail to properly format the links on Your Site to the Amazon Business Site as Special Links, including to the extent that such failure may result in any reduction of advertising fee amounts that would otherwise be paid to you under this Operating Agreement.
4. Program Requirements. By participating in the Program, you agree that you will comply with the Affiliate Program Participation Requirements, each electronic insertion order ("EIO" or "Insertion Order"), and all pages, schedules, policies, guidelines, specifications, user manuals, and supporting materials that we make available to you, and other documents and materials referenced in this Operating Agreement (collectively, "Operational Documentation").
   You will promptly provide us with any information that we request to verify your compliance with this Operating Agreement or any Operational Documentation. In addition to any other rights or remedies available to us, we may terminate this Operating Agreement, withhold (and you agree you are not eligible for) any advertising fees payable to you under this Operating Agreement, or both, if we determine that you or other persons that we determine are affiliated with you or acting in concert with you (whether in respect to any existing or previously terminated Program account):
   (a) have not complied with any requirement or restriction described in the Affiliate Program Participation Requirements page or any other Operational Documentation or have otherwise violated this Operating Agreement; or
   (b) have violated any requirement or restriction described in the applicable agreements governing participation in any other Affiliate Program offering provided by any of our affiliates.
   In addition, you hereby consent to us:
   (a) sending you emails relating to the Program from time to time;
   (b) monitoring, recording, using, and disclosing information about Your Site and visitors to Your Site that we obtain in connection with your display of Special Links (e.g., that a particular Amazon Business customer clicked through a Special Link from Your Site before completing a Qualifying Activity on the Amazon Business Site) in accordance with the Amazon Privacy Notice;
   (c) monitoring, crawling, and otherwise investigating Your Site to verify compliance with this Operating Agreement and the Operational Documentation; and
   (d) using, reproducing, distributing, and displaying your logo and implementation of Content displayed on your Site as examples of best practices in our educational materials.
5. Responsibility for Your Site. You will be solely responsible for Your Site, including its development, operation, and maintenance and all materials that appear on or within it. For example, you will be solely responsible for:
   (a) the technical operation of Your Site and all related equipment;
   (b) displaying Special Links and Content on Your Site in compliance with this Operating Agreement and the Operational Documentation, all applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any applicable governmental authority, including those related to disclosures (for example, if applicable, the U.S. FTC Guides Concerning the Use of Endorsement and Testimonials in Advertising, and any agreement between you and any other person or entity (including any restrictions or requirements placed on you by any person or entity that hosts Your Site));
   (c) creating and posting, and ensuring the accuracy, completeness, and appropriateness of, materials posted on Your Site (including all Amazon Business Offering descriptions and other Amazon Business Offering-related materials and any information you include within or associate with Special Links);
   (d) using the Content, Your Site, and the materials on or within Your Site in a manner that does not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity or other intellectual property or proprietary rights); and
   (e) disclosing on Your Site accurately and adequately, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including us and other advertisers) may serve content and advertisements, collect information directly from visitors, and place or recognize cookies on visitors' browsers.
   To the maximum extent permitted by law and except where any such liability arises from our gross negligence or criminal conduct, we will have no liability for these matters or for any of your end users' claims relating to these matters, and you agree to defend, indemnify, and hold us, our affiliates and licensors, and our and their respective employees, officers, directors, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) relating to (a) Your Site or any materials that appear on Your Site, including the combination of Your Site or those materials with other applications, content, or processes; (b) the use, development, design, manufacture, production, advertising, promotion, or marketing of Your Site or any materials that appear on or within Your Site, and all other matters described in this Section 5; (c) your use of any Content, whether or not such use is authorized by or violates this Operating Agreement, any Operational Documentation, or applicable law; (d) your violation of any term or condition of this Operating Agreement or any Operational Documentation; or (e) your or your employees' negligence or willful misconduct.
6. Qualifying Activity Processing. We will process Amazon Business Qualifying Activities initiated by customers who follow Special Links from Your Site to the Amazon Business Site. We reserve the right to reject orders or decline to recognize other Qualifying Activities that do not comply with any requirements on the Amazon Business Site, as they may be updated from time to time. Impact will track Qualifying Activities (defined in Section 7) for reporting and advertising fee accrual purposes and will make available to you reports summarizing those Qualifying Activities.
7. Advertising Fees. We will pay you advertising fees on Qualifying Activities in accordance with Section 8. Subject to the exclusions set forth below, a "Qualifying Activity" occurs when (a) a customer clicks through a Special Link on Your Site to the Amazon Business Site; (b) during a single Session that customer completes the qualifying action as set out in the applicable Insertion Order during the "Click Referral Period" based on "Last Click"; and (c) the "Action Locking" period elapses. Last Click is an attribution model that credits a media partner or media source who had the last referral. The Action Locking period is set out in the applicable Insertion Order and is the time during which a Qualifying Activity can be modified, reversed, or returned.
   A "Session" begins when a customer clicks through a Special Link on Your Site to the Amazon Business Site and ends upon the first to occur of the following: (x) the expiration of the Click Referral Period set out in the applicable Insertion Order; (y) the customer completes the number of Qualifying Activities that exceed the number set out in the "Recurring Transactions" section of the applicable Insertion Order; or (z) the customer follows a Special Link to the Amazon Business Site that is not your Special Link.
   Qualifying Activities exclude, and we will not pay advertising fees on any of, the following ("Disqualified Activities"):
   (a) any Qualifying Activity that is not correctly tracked or reported because the links from Your Site to the Amazon Business Site are not properly formatted;
   (b) any Qualifying Activity completed through a Special Link by you or on your behalf, including activities you complete through Special Links for yourself, your own business and its affiliates, your employees (acting in their capacity as your employees), friends, relatives, or associates, or any entity in which you hold a direct or indirect financial interest (e.g., personal orders, account registrations for your own organization, subscription sign-ups for your own organization, and activities completed by you for or on behalf of any such person or entity);
   (c) any Qualifying Activity completed through a Special Link that violates the terms of this Operating Agreement;
   (d) any Qualifying Activity completed for personal or household use of any kind;
   (e) any Qualifying Activity completed after termination of this Operating Agreement;
   (f) any Qualifying Activity that is later canceled, disapproved, reversed, returned, or refunded; and
   (g) any Qualifying Activity completed by a customer who is referred to the Amazon Business Site through any of the following:
   i. a Prohibited Paid Search Placement; or
   ii. a link to the Amazon Business Site, including a Redirecting Link, that is generated or displayed on a Search Engine in response to a general Internet search query or keyword (i.e., in natural, free, organic, or unpaid search results), whether those links appear through your submission of data to that site or otherwise.
   "Prohibited Paid Search Placement" means an advertisement that you purchased through bidding on keywords, search terms, or other identifiers (including Proprietary Terms) or other participation in keyword auctions. "Proprietary Term" means keywords, search terms, or other identifiers that include the word "amazon," "amazon business," "amazon prime business," or any other trademark of Amazon Business or its affiliates or variations or misspellings of any of those words (e.g., "ammazon," "amaozn," and "busines"). "Redirecting Link" means a link that sends users indirectly to the Amazon Business Site via an intermediate site or webpage and without requiring the user to click on a link or take some other affirmative action on that intermediate site or webpage. "Search Engine" means Google, Yahoo, Bing, or any other search engine, portal, sponsored advertising service, or other search or referral service, or any site that participates in any of their respective networks.
8. Advertising Fee Payment. During each calendar month, you may earn advertising fees for Qualifying Activities. Advertising fees are calculated as set forth in the Insertion Order. We will pay you advertising fees through Impact on Approved Transactions pursuant to the terms of the Operational Documentation. An "Approved Transaction" is an action that is compensable pursuant to the Operational Documentation, including those we approve before the expiration of the Action Locking period set forth in the Insertion Order. Calculation and processing of advertising fees is done by Impact. Impact will aggregate payments due to you and make payments to you in accordance with the Operational Documentation.
   You may charge and we will pay applicable national, state or local sales or use taxes or value added taxes that you are legally obligated to charge ("Taxes"), provided that such Taxes are stated on the original invoice that you provide to us and your invoices state such Taxes separately and meet the requirements for a valid tax invoice. We may provide you with an exemption certificate or equivalent information acceptable to the relevant taxing authority, in which case, you will not charge and or collect the Taxes covered by such certificate. We may deduct or withhold any taxes that we may be legally obligated to deduct or withhold from any amounts payable to you under this Operating Agreement, and payment to You as reduced by such deductions or withholdings will constitute full payment and settlement to You of amounts payable under this Operating Agreement. Throughout the term of this Operating Agreement, you will provide us with any forms, documents, or certifications as may be required for us to satisfy any information reporting or withholding tax obligations with respect to any payments under this Operating Agreement.
9. Amazon Business Customers. Customers who engage with Amazon Business through this Program are our customers with respect to all activities they undertake in connection with the Amazon Business Site. Accordingly, as between you and us, all pricing, terms of sale, terms of service, rules, policies, and operating procedures concerning customer orders, customer accounts, customer service, and Amazon Business sales set forth on the Amazon Business Site will apply to those customers, and we may change them at any time. You will not handle or address any contacts with any of our customers, and, if contacted by any of our customers for a matter in relation to any interaction with the Amazon Business Site, you will state that those customers must follow contact directions on that Amazon Site to address customer service issues.
10. Identifying Yourself as an Affiliate. You will not issue any press release or make any other public communication with respect to this Operating Agreement, your use of the Content, or your participation in the Program other than as required by applicable law or with our advance express written permission. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to any charity or other cause), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Operating Agreement. You must, however, clearly state the following on Your Site and any other location where we may authorize your display or other use of Content: "As a participant in the Amazon Business Affiliate Program, I earn from qualifying activities."
11. Limited License. Subject to the terms of this Operating Agreement and solely for the limited purposes of advertising Amazon Business Offerings on Your Site, and directing end users to, the Amazon Business Site in connection with the Program, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to (a) copy and display the Content solely on Your Site; and (b) use only those of our trademarks and logos that we may make available to you as part of Content (those trademarks and logos, collectively, "Amazon Business Marks") solely on Your Site and in accordance with the Amazon Trademark Usage Guidelines.
    The license set forth in this Section 11 will immediately and automatically terminate if at any time you do not timely comply with any obligation under this Operating Agreement or any Operational Documentation, or otherwise upon termination of this Operating Agreement. In addition, we may terminate the license set forth in this Section 11 in whole or in part upon written notice to you. You will promptly remove from Your Site and delete or otherwise destroy all of the Content and Amazon Business Marks with respect to which the license set forth in this Section 11 is terminated or as we may otherwise request from time to time.
12. Reservation of Rights; Submissions. Other than the limited licenses expressly set forth in Section 11, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to, and you do not, by virtue of this Operating Agreement or otherwise, acquire any ownership interest or rights in or to, the Program, Special Links, link formats, Content, any domain name owned or operated by us or our affiliates, Operational Documentation, our and our affiliates' trademarks and logos (including the Amazon Business Marks), and any other intellectual property and technology that we provide or use in connection with the Program (including any application program interfaces, software development kits, libraries, sample code, and related materials). If you provide us or any of our affiliates with suggestions, reviews, modifications, data, images, text, or other information or content about a product or in connection with this Operating Agreement, any Content, or your participation in the Program, or if you modify any Content in any way, (collectively, "Your Submission"), you hereby irrevocably assign to us all right, title, and interest in and to Your Submission and grant us (even if you have designated Your Submission as confidential) a perpetual, paid-up royalty-free, nonexclusive, worldwide, irrevocable, freely transferable right and license to (a) use, reproduce, perform, display, and distribute Your Submission in any manner; (b) adapt, modify, re-format, and create derivative works of Your Submission for any purpose; (c) use and publish your name in the form of a credit in conjunction with Your Submission (however, we will not have any obligation to do so); and (d) sublicense the foregoing rights to any other person or entity. Additionally, you hereby warrant that: (y) Your Submission is your original work, or you obtained Your Submission in a lawful manner; and (z) our and our sublicensees' exercise of rights under the license above will not violate any person's or entity's rights, including any copyright rights. You agree to provide us such assistance as we may require to document, perfect, or maintain our rights in and to Your Submission.
13. Compliance with Laws. In connection with your participation in the Program you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, including laws (federal, state, or otherwise) that govern marketing email (e.g., the CAN-SPAM Act of 2003) and the requirement to make proper and appropriate disclosures in compliance with the Endorsement and Testimonial Guidelines published by the United States Federal Trade Commission ("FTC Guidelines").
14. Term and Termination. The term of this Operating Agreement will begin upon our acceptance of your Program application and will end when terminated by either you or us. Either you or we may terminate this Operating Agreement at any time, with or without cause (automatically and without recourse to the courts, if permitted under applicable law), by giving the other party written notice of termination. You can provide termination notice by logging in to your Impact account and selecting Expire. In addition, we may terminate this Operating Agreement or suspend your account immediately upon written notice to you for any of the following: (a) you are in material breach of this Operating Agreement, (b) you otherwise fail to cure within 7 days of our notice to you regarding any other breach of this Operating Agreement (including any Operational Documentation); (c) we believe that we may face potential claims or liability in connection with your participation in the Program; (d) we believe that our brand or reputation may be tarnished by you or in connection with your participation in the Program; (e) your participation in the Program has been used for deceptive, fraudulent or illegal activity; (f) we believe that we are or may become subject to tax collection requirements in connection with this Operating Agreement or the activities performed by either party under this Operating Agreement; (g) we have previously terminated this Operating Agreement (or suspended your account) with respect to you or other persons that we determine are affiliated with you or acting in concert with you for any reason, or (h) we have terminated the Program as we generally make it available to participants. For the avoidance of doubt and without limitation for purposes of the foregoing subsection (a) any violation of Section 5 and as specified in the Operational Documentation will be deemed a material breach of this Operating Agreement.
    Upon any termination of this Operating Agreement, any and all licenses you have with respect to Content will automatically terminate and you will immediately stop using the Content and Amazon Business Marks and promptly remove from Your Site and delete or otherwise destroy all links to the Amazon Business Site, all Amazon Business Marks, all other Content, and any other materials provided or made available by or on behalf of us to you under this Operating Agreement or otherwise in connection with the Program. We may withhold accrued unpaid advertising fees for a reasonable period of time following termination to ensure that the correct amount is paid (e.g., to account for any cancelations, reversals, modifications, disapprovals, or returns). Upon any termination of this Operating Agreement, all rights and obligations of the parties will be extinguished, except that the rights and obligations of the parties under Sections 5, 9, 10, 12, 13, 14, 16, 17, 18, 19, 20, 21, and 22, together with any accrued but unpaid payment obligations of us under this Operating Agreement, will survive the termination of this Operating Agreement. No termination of this Operating Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Operating Agreement prior to termination.
15. Modification. We may modify any of the terms and conditions contained in this Operating Agreement (and any Operational Documentation) at any time and in our sole discretion by posting a change notice, revised agreement, or revised Operational Documentation on the Impact site or by sending notice of such modification to you by email to the email address then-currently associated with your Affiliate account (any such change by email will be effective on the date specified in such email and will in no event be less than two business days after the date the email is sent). Modifications may include, for example, changes to the Affiliate Program Participation Requirements, payment procedures, and other Program requirements. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS OPERATING AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE EFFECTIVE DATE OF ANY MODIFICATION (E.G., THE DATE OF OUR POSTING OF A CHANGE NOTICE, REVISED OPERATING AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON THE IMPACT SITE OR THE DATE SPECIFIED IN ANY EMAIL TO YOU REGARDING SUCH MODIFICATION) WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
16. Relationship of Parties. You and we are independent contractors, and nothing in this Operating Agreement or the Operational Documentation will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates' behalf. You will not make any statement, whether on Your Site or otherwise, that contradicts or may contradict anything in this Section 16. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Operating Agreement, you will be deemed to have taken the action yourself.
17. Warranties. You represent, warrant, and covenant that (a) you will participate in the Program and create, maintain, and operate Your Site in accordance with this Operating Agreement, (b) neither your participation in the Program nor your creation, maintenance, or operation of Your Site will violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any governmental authority that has jurisdiction over you (including all such rules governing communications, data protection, advertising, and marketing), (c) you are lawfully able to enter into contracts (e.g. you are not a minor or otherwise legally prevented from contracting), and if this Operating Agreement is being agreed to by a company or other legal entity, you are authorized and lawfully able to bind that company or entity to this Operating Agreement, (d) you have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as expressly set forth in this Operating Agreement, (e) you will not participate in the Program if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using any Service Offering (defined below); (f) you will comply with all U.S. export and re-export restrictions, and applicable non-US export and re-export restrictions consistent with U.S. law, that may apply to goods, software, technology and services, (g) if you are not a citizen or resident of the United States or a company that is organized under the laws of the United States, you will not undertake any activities related to your participation in the Program while you are in the United States, and (h) the information you provide in connection with the Program is accurate and complete at all times.
    We do not make any representation, warranty, or covenant regarding the amount of traffic or commission income you can expect at any time in connection with the Program, and we will not be liable for any actions you undertake based on your expectations.
18. Limitation of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THIS OPERATING AGREEMENT, THE PROGRAM, OPERATIONAL DOCUMENTATION, THE AMAZON BUSINESS SITE, OR THE SERVICE OFFERINGS (DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, EXCEPT WHERE ANY SUCH LIABILITY ARISES FROM OUR GROSS NEGLIGENCE OR CRIMINAL CONDUCT. FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS OPERATING AGREEMENT, THE PROGRAM, THE AMAZON BUSINESS SITE, AND THE SERVICE OFFERINGS WILL NOT EXCEED THE TOTAL ADVERTISING FEES PAID OR PAYABLE TO YOU UNDER THIS OPERATING AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED. YOU HEREBY WAIVE ANY RIGHT OR REMEDY IN EQUITY, INCLUDING THE RIGHT TO SEEK SPECIFIC PERFORMANCE, INJUNCTIVE OR OTHER EQUITABLE RELIEF IN CONNECTION WITH THIS OPERATING AGREEMENT. NOTHING IN THIS PARAGRAPH WILL OPERATE TO LIMIT LIABILITIES THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
19. Disclaimers. THE PROGRAM, THE AMAZON BUSINESS SITE, ANY PRODUCTS AND SERVICES OFFERED ON THE AMAZON BUSINESS SITE, ANY SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, AMAZON BUSINESS DOMAIN NAME, AND OUR AFFILIATES' TRADEMARKS AND LOGOS (INCLUDING THE AMAZON BUSINESS MARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE "SERVICE OFFERINGS") ARE PROVIDED "AS IS" AND "AS AVAILABLE". NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY LAW, CUSTOM, COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, VIRUSES, MALICIOUS SOFTWARE, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM, CONTENT, OPERATIONAL DOCUMENTATION, THE AMAZON BUSINESS SITE, OR THE AMAZON BUSINESS AFFILIATE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS OPERATING AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY TERMINATION OR SUSPENSION OF THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM.
    NOTHING IN THIS SECTION 19 WILL OPERATE TO EXCLUDE OR LIMIT WARRANTIES, LIABILITIES, OR REPRESENTATIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Disputes. THIS OPERATING AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS OR THE U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. YOU HEREBY IRREVOCABLY CONSENT TO AND WAIVE ANY OBJECTION TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS LOCATED AT KING COUNTY, WASHINGTON WITH RESPECT TO ANY CLAIMS, SUITS OR PROCEEDINGS ARISING OUT OF OR IN CONNECTION WITH THIS OPERATING AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. HOWEVER, WE MAY SEEK INJUNCTIVE (OR SIMILAR) REMEDIES IN ANY JURISDICTION.
21. Confidentiality. Any information relating to Amazon Business or any of its affiliates that we provide or make accessible to you in connection with the Program that is not known to the general public or that reasonably should be considered to be confidential is Amazon Business's "Confidential Information" and will remain our exclusive property. You will use Confidential Information only to the extent reasonably necessary for your performance under this Operating Agreement and ensure that all persons or entities who have access to Confidential Information in connection with your account will be made aware of and will comply with the obligations in this Section 21. You will not disclose Confidential Information to any third party (other than your affiliates bound by confidentiality obligations) and you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Operating Agreement. This restriction will be in addition to the terms of any confidentiality or non-disclosure agreement between the parties and will apply for the term of the Agreement and 5 years after termination.
22. Miscellaneous. You acknowledge and agree that we and our affiliates may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Operating Agreement or operate sites that are similar to or compete with Your Site. You may not assign this Operating Agreement, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, this Operating Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Operating Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Operating Agreement. In the event of any conflict between this Operating Agreement and the Operational Documentation, this Operating Agreement will control over the Operational Documentation. In the event of any conflict between this Operating Agreement and your agreement with an Amazon affiliate under a separate affiliate marketing program that agreement will control with respect to such separate program. This Operating Agreement (including any Operational Documentation) is the entire agreement between you and us regarding the Program and supersedes all prior agreements and discussions. Whenever used in this Operating Agreement, the terms "include(s)," "including," "e.g.," and "for example" mean, respectively, "include(s), without limitation," "including, without limitation," "e.g., without limitation," and "for example, without limitation." Any determinations or updates that may be made by us, any actions that may be taken by us, and any approvals that may be given by us under this Operating Agreement, may be made, taken, or given in our sole discretion and are only effective if provided in writing by our authorized representative.

This Affiliate Program Participation Requirements page is part of the Operating Agreement that governs your participation in the Program. This page describes requirements and restrictions applicable to you as a Program participant. From time to time, we may modify the participation requirements described on this page in accordance with the Operating Agreement. All capitalized terms used below that are not defined on this page have the meanings given to them in the Operating Agreement.

1. You will comply with the Operating Agreement, as updated from time to time.
2. You will ensure that Your Site is not unsuitable (as described in Section 2 of the Operating Agreement).
3. You will not display or otherwise use our or our affiliates' trademarks or logos (including any Amazon Business Mark) except solely as expressly permitted under and in accordance with the Operating Agreement.
4. You will not display or otherwise use any trademark or logo of any third party seller on the Amazon Business Site in connection with any Special Link unless you have obtained from that seller the specific right to do so.
5. You will not remove, obscure, or alter, or make invisible, illegible, or indecipherable to visitors of Your Site, any "Privacy Information" link or any of our or our affiliates' trademarks or logos (including any Amazon Business Mark) that we include in a Special Link.
6. You will use Content solely in accordance with the terms of the Operating Agreement and within the express scope of the license granted in Section 11 of the Operating Agreement. Without limiting the foregoing, you will (a) use Content solely to send end users and sales to the Amazon Business Site and will not link any Content to, or in conjunction with any Content direct traffic to, any page of a site other than the Amazon Business Site (however, parts of Your Site that are not closely associated with the Content may contain links to sites other than the Amazon Business Site); and (b) link each use of the Content solely to the related Amazon Business Offering detail page or other relevant page of the Amazon Business Site and not to any other page.
7. Except with our prior express written approval, you will not engage in any promotional, marketing, or other advertising activities on behalf of us or our affiliates, or in connection with the Amazon Business Site or the Program, that are not expressly permitted under the Operating Agreement. For example, you will not engage in any promotional, marketing, or other advertising activities in any offline manner, including by using any of our or our affiliates' trademarks or logos (including any Amazon Business Mark), any Content, or any Special Link in connection with an offline promotion or in any other offline manner (e.g., in any printed material, ebook, mailing, SMS, MMS, email or attachment to email, private messages on social media networks, or other document, or any oral solicitation). Upon our request, you will provide us with written certification that you have complied with this Section 7. We will specify the form of, and content required in, that certification in our request. Any failure by you to provide the certification in accordance with our request will constitute a material breach of this Operating Agreement. Solely with our prior express written approval, you may include Special Links in emails. Any such emails must be in compliance with the Operating Agreement, the Amazon Trademark Usage Guidelines, and the Amazon Brand Usage Guidelines. Upon our request, you will provide us with representative sample materials and written certification that you have complied with each of the foregoing. We will specify the form of, and content required in, that certification, and any failure by you to provide the certification in accordance with our request will constitute a material breach of this Operating Agreement. For the purposes of applicable marketing laws (for example, if applicable, the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act of 1991 and any similar or successor legislation), you are the "Sender" of each email containing any Special Links. You must comply with applicable laws and marketing industry standards and best practices for all emails relating to the Program. We may revoke the offline marketing permissions granted in this Section 7 at any time in its sole discretion by providing written notice to you.
8. Except as agreed between you and us in a separate written agreement referencing this Participation Requirement, you will not use any Content or Special Link, or otherwise link to the Amazon Business Site, on or in connection with: a. any client-side software application (e.g. a browser plug-in, helper object, toolbar, extension, or component or any other application executable or installable by an end user) on any device, including computers, mobile phones, tablets, or other handheld devices; or b. any television set-top box (e.g., digital video recorders, cable or satellite boxes, streaming video players, blu-ray players, or DVD players) or Internet-enabled television (e.g., GoogleTV, Sony Bravia, Panasonic Viera Cast, or Vizio Internet Apps).
9. You will not add to, delete from, or otherwise alter any Content in any way, including by adding additional information (e.g., you may not insert words into a customer review), except that you may resize Content consisting of a graphic image in a manner that maintains the original proportions of the image or truncate Content consisting of text in a manner that does not materially alter the meaning of the text or cause the text to become factually incorrect or misleading.
10. You will not sell, resell, redistribute, sublicense, or transfer any Content or any application that uses, incorporates, or displays any Content. For example, you will not use, or enable or facilitate the use of, Content on or within any application, platform, site, or service (including social networking sites) that requires you to sublicense or otherwise give any rights in or to any Content to any other person or entity, nor will you create links formatted with your Affiliates tag for, or display such links on, a site that is not Your Site.
11. You will promptly remove from Your Site and delete or otherwise destroy any Content that is no longer displayed on the Amazon Business Site or that we notify you is no longer available for your use.
12. You will not use any Content, including any name or likeness embodied in that Content, in a manner that implies a person's or company's endorsement or sponsorship of, or commercial tie-in or other association with, any product, service, party, or cause (including by placing unrelated third party materials in close proximity to Content).
13. You will not seek to purchase or register or otherwise use any Amazon Mark (as defined in the Amazon Trademark Usage Guidelines) or variations or misspellings of any of those words (e.g., "ammazon," "amaozn," and "busines") for use in any Search Engine; domain or subdomain name; or in any Affiliates ID or "tag." In addition to any other rights or remedies available to us, upon our request you will cause any Search Engine designated by us to exclude Proprietary Terms from keywords used to display your advertising content in association with search results (e.g., request exclusion by negative keyword bidding), assuming the Search Engine offers such exclusion capabilities.
14. You will not bid on or purchase keywords, search terms, or other identifiers, including the word "amazon," "amazon business," or any other trademark of Amazon Business or its affiliates or variations or misspellings of any of these words or otherwise participate in keyword auctions on any Search Engine if the resulting paid search advertisement is a Prohibited Paid Search Placement. You may purchase paid search advertisements and submit links to Search Engines to appear in response to a general Internet search query or keyword (i.e., in natural, free, organic, or unpaid search results), so long as you comply with the Operating Agreement and those paid or unpaid search results send users to Your Site and not directly or indirectly, via a Redirecting Link, to the Amazon Business Site.
15. Except with our prior express written approval, you will not offer any person or entity any consideration, reward, or incentive (including any money, rebate, discount, points, donation to charity or other organization, or other benefit) for using Special Links. For example, you cannot implement any "rewards" or loyalty program that incentivizes persons or entities to visit an Amazon Business Site via your Special Links.
16. You will not intercept, record, redirect, read, interpret, or fill in the contents of any electronic form or other material submitted to us by any person or entity.
17. You will not request, collect, obtain, store, cache, or otherwise use any account information used by our customers in connection with any Amazon Business Site (including any usernames or passwords of Amazon Business Site customers).
18. You will not modify, redirect, suppress, or substitute the operation of any button, link, or other feature of the Amazon Business Site.
19. You will not make any orders, complete any account registrations, or engage in other transactions or Qualifying Activities of any kind on the Amazon Business Site on behalf of any other person or entity, or authorize, assist, or encourage any other person or entity to do so.
20. You will not use Special Links to link to the Amazon Business Site from references to items on Your Site that are not Amazon Business Offerings.
21. You will not take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, browse, or order) are occurring.
22. You will not include on Your Site, display, or otherwise use Special Links or Content in connection with any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device.
23. You will not frame the Amazon Business Site, or any part of it, within Your Site, including by display within an integrated web browser (e.g. WebView) within a mobile application. However, displaying a Special Link on Your Site in accordance with the Operating Agreement will not be considered a violation of this Participation Requirement.
24. You will not post or serve any Special Links or other content promoting the Amazon Business Site within any pop-up or pop-under windows, transitional page ads, or layer ads around or in conjunction with the display of any site that is not Your Site.
25. You will not include any Special Links in any content that you place on the Amazon Business Site (for example, in connection with any advertising service available through the Amazon Business Site or in a customer review, forum, listmania, guide, or any other customer-generated context available on the Amazon Business Site).
26. You will not attempt to artificially increase your advertising fees (e.g., by intentionally featuring, purchasing, registering for, or requesting or encouraging any other person or entity to purchase or register for, low-price items or free services offered on the Amazon Business Site (as determined by us) for the purpose of exceeding any advertising fee threshold, or by causing any page of the Amazon Business Site to open in a customer's browser other than as a result of the customer clicking on a Special Link on Your Site).
27. You will not attempt to intercept or redirect (including via software installed on users' computers) traffic from or on, or divert advertising fees from, any site that participates in the Program.
28. You will not artificially generate clicks or impressions on Your Site or create Sessions on the Amazon Business Site, whether by way of a robot or software program or otherwise.
29. You will not display or otherwise use any of our customer reviews or star ratings, in part or in whole, on Your Site.
30. You will not complete any Qualifying Activity through Special Links for the benefit of yourself, your own business or its affiliates, your employees (acting in their capacity as your employees), or any entity in which you hold a direct or indirect financial interest. Similarly, you will not request or encourage any of your friends, relatives, employees, contractors, or associates to complete any Qualifying Activity through Special Links for use by you or them or for the benefit of your business. Further, you will not promote any Amazon Business Offering on Your Site for personal or household use of any kind.
31. You will not cloak, hide, spoof, or otherwise obscure the URL of Your Site containing Special Links (including by use of a redirecting page) such that we cannot reasonably determine the site from which a customer clicks through such Special Link to the Amazon Business Site.
32. You will not knowingly collect, use, or disclose personal information from minors.
33. You will not post any coupons or coupon codes for use on the Amazon Business Site unless expressly authorized by Amazon Business in writing.

This Affiliate Program Linking Requirements page is part of the Operating Agreement that governs your participation in the Program. This page describes general terms applicable to all types of links you may place on Your Site to send traffic to the Amazon Business Site. From time to time, we may modify the linking requirements described on this page in accordance with the Operating Agreement. All capitalized terms used below that are not defined on this page have the meanings given to them in the Operating Agreement.

Links may be created by you or made available to you by us. If we inform you that Your Site does not qualify to use certain types of links, you must cease displaying those types of links on Your Site. You are solely responsible for the content, style, and placement of each link that you place on Your Site and for ensuring that Special Links (whether created by you or made available to you by us) include the appropriate formatting necessary for us to properly track referrals of customers from Your Site. For example, you must include your Affiliate ID or "tag" (appearing as an eight-digit numeric string, for example '10570201', or such other format as we may designate) as a parameter in the URL of each link you place on Your Site directed to an Amazon Business Site. In addition, you must not use a link shortening service in a manner that makes it unclear that you are linking to an Amazon Business Site. Upon your request but subject to our approval, we may issue you additional "sub-tag" Affiliate IDs that permit you to monitor and optimize the performance of your Special Links by including different sub-tags in the URLs of different Special Links. Under no circumstances may you associate any sub-tag with a specific end user of Your Site (e.g., you may not dynamically assign sub-tags to users as they arrive on Your Site for purposes of monitoring such users' behavior).

You may add or delete Amazon Business Offerings (and related links) from Your Site at any time without our approval. However, you may not use links to link to the Amazon Business Site from references to products on Your Site that are not "Amazon Business Offerings" as defined in the Operating Agreement. You must remove from Your Site any links and related references to limited time promotions on or before the expiration date of that promotion. For example, if you include links to an Amazon Business limited time promotional discount offer, you must immediately remove the mention of the free trial from Your Site on or before the expiration date of that promotion.

You must not make inaccurate, overbroad, deceptive or otherwise misleading claims about any Amazon Business Offering, the Amazon Business Site, or any of our policies, promotions or prices. Amazon Business Offering prices and availability may vary from time to time. Because prices for and availability of Amazon Business Offerings that you have listed on Your Site may change, Your Site may only show prices and availability if: (a) we serve the link in which that price and availability data are displayed; or (b) we provide a marketing asset in which that price and availability data are displayed. You may not otherwise include price information on Your Site. Your Site may not have price tracking and/or price alerting functionality unless otherwise agreed by Amazon.

Some types of links that we may make available to you may contain a link to an informational page on an Amazon Business site that is not formatted as a Special Link (e.g., links to privacy policy information at the bottom of banners may not be formatted as Special Links).

These Guidelines apply to your use of the Amazon Business Marks (as defined elsewhere in the Agreements, as defined herein) in materials that have been approved in advance by Amazon. Strict compliance with these Guidelines is required at all times, and any use of the Amazon Business Marks in violation of these Guidelines will automatically terminate any license related to your use of the Amazon Business Marks.

1. You may use the Amazon Business Marks solely for the purpose expressly authorized by Amazon and your use must: (i) comply with the most up-to-date version of all agreement(s) with Amazon regarding your use of the Amazon Business Marks (collectively "Agreements"); (ii) comply with the most up-to-date version of these Guidelines; and (iii) comply with any other terms, conditions, or policies that Amazon may issue from time to time that apply to the use of the Amazon Business Marks.
2. We will supply an image or images of the Amazon Business Marks for you to use. You may not alter the images of the Amazon Business Marks in any manner, including but not limited to, changing the proportion, color, or font of the Amazon Business Marks, or adding or removing any element(s) from the Amazon Business Marks.
3. You may not use the Amazon Business Marks in any manner that implies sponsorship or endorsement by Amazon other than by using the Amazon Business Marks as specifically authorized under the Agreements.
4. You may not use the Amazon Business Marks to disparage Amazon, its products or services, or in a manner which, in Amazon's sole discretion, may diminish or otherwise damage or tarnish Amazon's goodwill in the Amazon Business Marks.
5. The Amazon Business Marks must appear by themselves, with reasonable spacing between each side of an Amazon Business Mark and other visual, graphic or textual elements. Under no circumstance should the Amazon Business Marks be placed on any background which interferes with the readability or display of the Amazon Business Marks. Do not use trademark symbols with the Amazon Business Marks.
6. Unless otherwise instructed by Amazon, you must include the following statement in materials that display the Amazon Business Marks: "Amazon, Amazon Business, and all related logos are trademarks of Amazon.com, Inc. or its affiliates."
7. You acknowledge that all rights to the Amazon Business Marks are the exclusive property of Amazon.com, Inc. or its affiliates ("Amazon"), and all goodwill generated through your use of the Amazon Business Marks will inure solely to the benefit of Amazon. You will not take any action that is in conflict with Amazon's rights in, or ownership of, the Amazon Business Marks.

Amazon reserves the right, exercisable at its sole discretion, to modify these Guidelines and/or the approved Amazon Business Marks at any time and to take appropriate action against any use without permission or any use that does not conform to these Guidelines.

If you have questions about these Guidelines, please contact trademarks@amazon.com for assistance.

If you are an Influencer (defined below), this Influencer Addendum is entered into and made part of the Operating Agreement. All capitalized terms not defined in this Influencer Addendum have the respective meanings set forth in the Operating Agreement. To the extent that the terms of this Influencer Addendum conflict with any of the terms of the Operating Agreement, this Influencer Addendum supersedes the Operating Agreement.

1. Definitions. "Influencer" means a person or entity using social media, including professional networking media, to promote Amazon Business Offerings pursuant to the Operating Agreement.
2. Required Disclosures. Influencers must include disclosures such as #ad, #sponsored, or #AmazonBusinessPartner, or any other disclosures we require, as the first tag in each social media or professional networking media communication or post in which Content appears, in order to clearly disclose that you have been paid or incentivized to post content by an advertiser such as Amazon in accordance with applicable laws, including the U.S. Federal Trade Commission Guides Concerning the Use of Endorsement and Testimonials in Advertising. You and your content must comply with these Guides, all training materials we provide to you, and all applicable laws and regulations.
3. Content Guidelines. Influencers will ensure their social media and professional networking media content does not include:
   a) Content to which the Influencer does not own the intellectual property rights, for example:
   i) Any images or likenesses of other persons without their permission (or the permission of their parents or legal guardians, where applicable), including celebrities;
   ii) Any trademarks, logos of companies, sports teams, colleges/universities, clubs, or organizations;
   iii) Any music, videos, or other works unless cleared for commercial use.
   b) Materials that are directed to minors.
   c) Content that exploits images or likenesses of minors.
   d) Materials that are illegal, hateful, racist, obscene, threatening, defamatory or libelous, or otherwise contain any objectionable or inappropriate content or nudity, or are otherwise offensive, as determined by Amazon in its sole discretion.
   The foregoing list should not be construed as an exhaustive list of prohibited material, but rather as general guidelines. Amazon will determine, in its sole and absolute discretion, whether content is in compliance with the content guidelines herein.