LinkShare Corporation ("LinkShare" or "we" or "us") uses this website to operate affiliate marketing networks over the World Wide Web (the "Web"). The word "our" is a possessive pronoun referring to LinkShare.

While certain areas of this website may be accessed and viewed by members of the public, not all visitors to this website may use our networks. Each LinkShare network is available for use only by persons or entities that join the network as either a "Merchant" or an "Affiliate."

Only persons or entities that operate websites through which they conduct a business are eligible to become Merchants. Affiliates must be corporations or other legal entities or adults (at least of the legal age to be able to enter into contracts in the jurisdiction in which they reside) that also operate websites which they use to conduct a business or generate revenues. In order to become a Merchant or Affiliate, a person or entity must apply for membership and have the application accepted by LinkShare.

Since our networks are membership-based, and members must enter into a legal contract with LinkShare in order to join and use our networks, and because we do not gather information from visitors to our website who are not Merchants or Affiliates with effective contracts, we do not have a generally applicable "privacy policy" that applies to all users of this website. Instead, each of our contracts with Merchants and Affiliates contains terms that set forth the obligations of LinkShare with respect to the use and disclosure of the information that we gather from our Merchants and Affiliates. In some cases, those terms reflect negotiations that occur between LinkShare and the Merchant or Affiliate; therefore, the terms are not necessarily the same for every individual member of our networks who uses this website.

We use a "template" form of contract to enroll Merchants. That template changes from time to time and, in some cases, may incorporate network policies that we publish on this website that are accessible only by Merchants or prospective Merchants to whom we grant access. We do not publish our template Merchant Agreement on this website or make the incorporated network policies that are posted on this website available to the public. We do provide the template and access to the incorporated network policies to prospective Merchants with whom we are interested in pursuing a network relationship. Each such prospective Merchant is encouraged, and has the opportunity, to review the template and any incorporated policies, including their terms that define the respective obligations of LinkShare and the Merchant regarding use and disclosure of confidential information and privacy.

LinkShare's rights and obligations with respect to the disclosure and use of the information we gather about any Merchant are governed by the Merchant Agreement that we and the Merchant sign.

Information About Affiliates

In order to join a network as an Affiliate, a person or entity has to apply for membership by completing an "online" application on this website. The online application requires personally identifiable information about the applicant. The application form may be viewed by clicking on the Affiliate registration page of this website. Besides the information that we gather by means of the online application, we may obtain a great deal of personally identifiable information about an Affiliate through a variety of online or offline means. That information includes the Affiliate's contact information, IRS taxpayer identification number (which may be an individual's social security number) and VAT registration numbers (for non-U.S. networks), as well as information about the business conducted by the Affiliate on its website related to the use of our networks, including information about the online marketing strategies and plans and the kinds and volumes of transactions conducted through our networks generally and with specific Merchants.

LinkShare's rights and obligations with respect to the disclosure and use of the information we gather about any Affiliate are governed by the Affiliate Agreement that we enter into with that Affiliate. Usually, that Affiliate Agreement is an "online" form that, as a condition to joining any of our networks, we require each Affiliate to accept by clicking on a button on the Affiliate registration page of our website used for the particular website. In a few special cases, the Affiliate Agreement may be a paper document that is manually signed and physically delivered.

We post on the Affiliate registration pages of this website our "template" form of contract by which we enroll Affiliates. That template changes from time to time and may incorporate policies that we also publish on this website. Each prospective Affiliate is encouraged, and has the opportunity, to review the template and any incorporated policies, including their terms that define the respective obligations of LinkShare and the Affiliate regarding use and disclosure of confidential information and privacy.

All applications for membership as an Affiliate are subject to LinkShare's acceptance. If we do not accept an application, then we may (but have no obligation to) retain the information that the applicant provided in the online application, but we will not disclose it to third parties except as follows:

• We may disclose it to government agencies or officials or other third parties if we believe such disclosure to be required or compelled under applicable law or regulations or legal process.
  
  
• We may disclose it to government agencies or officials upon their request, even if not compelled by a subpoena or other legal process, and without any duty on our part to independently confirm that such agencies or officials are legally entitled to such disclosure.
  
  
• In the event that LinkShare sells or transfers ownership, operation or control of any or all of its Networks or engages any subcontractor or agent to operate any Network or provide any service related to any Network, LinkShare reserves the right to transfer or disclose all of its data to the buyer, subcontractor or agent.

If we accept an application for membership in a network as an Affiliate, we do retain the information that the applicant provided in the online application. We may also obtain other information about our Affiliates during the course of their usage of our networks, including, but not limited to, information about the volumes of business they conduct through the Network with Merchants or others. We may, but are not obligated to, retain the information that we obtain about any Affiliate after that Affiliate leaves the Network.

We may use and disclose the information we have or acquire about any Affiliate as provided in the Affiliate Agreement, which such Affiliate enters into with LinkShare. The template form of Affiliate Agreement gives LinkShare broad discretion in using and sharing the information that Affiliates provide to us, including the right to furnish any or all of that information to Merchants or other third parties. LinkShare is not responsible or liable for any use or disclosure by any Merchant or other third party of information about any Affiliate that we furnish.

Ordinarily, each Affiliate who participates in the affiliate marketing program of a Merchant has to separately join that program. A Merchant may require an Affiliate applying to or participating in its program to provide information to the Merchant. Any Merchant's use of Affiliate data, however obtained, is governed by that Merchant's own contract, if any, with that Affiliate and by its own privacy policies, if any. LinkShare is not responsible or liable for any use or disclosure of any such information by the Merchant or any third party. If the Merchant provides LinkShare with any data about any Affiliate, then that Merchant is solely responsible for ensuring that its provision to us is consistent with that Merchant's own privacy policy, own contract with such Affiliate, applicable legal requirements of other obligations or commitments of such Merchant to such Affiliate. To the maximum extent permitted by applicable law, LinkShare expressly disclaims any obligation or liability to any Affiliate with regard to any use, storage, processing or disclosure of any data about that Affiliate that LinkShare obtains from any Merchant or any third party.

Data About Customers of Merchants and Affiliates

In providing our services, LinkShare does not deal directly with the customers of Merchants or Affiliates. We enable Merchants and Affiliates to create links between their own websites. A visitor who clicks on a Merchant's banner or other promotion on an Affiliate's website is redirected, through our website, to the Merchant's website, where he or she may purchase a product or service or engage in another transaction or activity that entitles the Affiliate to compensation from the Merchant. As a result of such redirection through our website, our technology automatically records the IP (Internet Protocol) "address" of the browser used by the visitor, but that address simply identifies the browser used, and does not permit identification of the individual using the browser. In addition, during such redirection, we may place a "cookie" on the hard drive of the visitor's computer through his or her Web browser. Cookies are alphanumeric identifiers that enable the systems used by the website operator who places the cookie to recognize the visitor's browser. In connection with certain features of our services to Merchants, we use cookies in order to determine whether and when a "cookied" Web browser is used to return to the Merchant's site after a prior visit. The cookies we currently use permit us to determine when a browser is used to make repeat visits or clickthroughs to a website, but do not permit us to determine the identity of any user of that browser or gather any other personally identifiable information about that user, such as postal address, email address, phone number, social security number or any credit card number. We may use additional cookies in the future.

In order to provide reports to a Merchant and the Affiliates in its affiliate program conducted through one of our networks, we need basic data about the kinds and volumes of Web user activities that occur as a result of the links created through that network, but we do not need data that identifies or permits the identification of any customers or website visitors of a Merchant or Affiliate. We do not intentionally obtain any personally identifiable data about any of such customers or visitors through our technology or services, unless the Merchant or an Affiliate elects to furnish it to us or authorizes us to obtain that data. Our rights and obligations with regard to that information, therefore, are solely defined by our contract with that Merchant or Affiliate and are solely to that Merchant or Affiliate, and we do not, through these policies or otherwise, make any promise or undertake any obligation directly to any user of any Merchant's or Affiliate's website with regard to any use or disclosure of that information. Each Merchant and Affiliate is solely responsible for establishing its own privacy policy, communicating that policy to the users of its website and ensuring that any access to, processing, storage and use by LinkShare, in accordance with the applicable Merchant Agreement or Affiliate Agreement, of any data about those users is consistent with that Merchant's or Affiliate's own privacy policy, applicable legal requirements of other obligations or commitments to such users. To the maximum extent permitted by applicable law, LinkShare expressly disclaims any obligation or liability to any user of any Merchant's or Affiliate's website of any nature, including with regard to any data about that user that LinkShare obtains, processes, stores, uses or discloses.

Changes to Our Privacy Policy

To the maximum extent permitted by applicable law, LinkShare reserves the right to change or replace this Privacy Policy at any time and from time to time without prior notice to or the consent of any person. Any changes or replacement will be posted at this site.

Questions and Comments About Our Privacy Policy

Persons already enrolled as a Merchant in one of our Networks who have questions or comments about this Privacy Policy or the relevant provisions of their Merchant Agreements should contact their Merchant Services representatives. Prospective Merchants should contact their LinkShare client development manager to discuss any such questions or comments.

Existing or prospective Affiliates and others who have questions or comments about this Privacy Policy may contact us by email at www.linkshare.com/support.