List of Terms and Policies
Terms of Service
Effective Date: June 23, 2011
Welcome to the CafePress website, which is located at www.cafepress.com (the "Website"). This Terms of Service ("TOS") contain the terms and conditions that govern your use of the Website and the CafePress Service (as defined below). This TOS describes your rights and responsibilities and what you can expect from the CafePress Service and is in addition to any Content Owner Agreement you may have entered into with us. Use of the CafePress Website constitutes your acceptance of and agreement to this TOS.
CafePress reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the CafePress Website. In the event of substantive changes to this TOS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Website and the CafePress Service. Your continued use of the CafePress Website following posting of a change notice or new TOS on the CafePress Website will constitute binding acceptance of the changes.
1. The CafePress Service.
2. Use of the Web Site and CafePress Service.
2.1 Eligibility. CafePress will only knowingly provide the CafePress Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the CafePress Service only under the supervision of a parent or legal guardian who agrees to be bound by this TOS. The CafePress Service is not intended for children under the age of 13.
2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of this TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the CafePress Service and the Website.
2.3 Your License to Use the Web Site and the CafePress Service.
(a) CafePress solely and exclusively owns all intellectual property and other rights, title and interest in and to the CafePress Service and Website, except as expressly provided for in these TOS. For example and without limitation, CafePress owns the trademarks CAFEPRESS(SM), CAFEPRESS.COM, CAFEPRESS.COM & Design; CAFESHOPS(SM), CAFESHOPS.COM(SM), and WHAT'S YOUR PASSION(SM); the copyrights in and to the Website, and certain technology used in providing the CafePress Service. You will not acquire any right, title or interest therein under this TOS or otherwise to any intellectual property owned by CafePress.
(b) CafePress grants you a limited revocable license to access and use the Website and the CafePress Service for its intended purposes, subject to your compliance with this TOS. This license does not include the right to collect or use information contained on the Website for purposes prohibited by CafePress; to compete with CafePress; to create derivative works based on the content of the Website; or download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach this TOS, CafePress may revoke the license granted to you.
(c) This Section 2.3 does not pertain to your intellectual property rights. For information regarding your intellectual property rights, please see Section 4.3.
3. General Rules.
3.1 Prohibited Use. You may only use the CafePress Service as expressly permitted by CafePress. You may not cause harm to the Website or the CafePress Service. Specifically, but not by way of limitation, you may not: (i) interfere with the CafePress Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the CafePress Service; (iii) interfere with, or disrupt the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the CafePress Service; (iv) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters or similar technology; (v) collect electronic mail addresses or other information from third parties by using the CafePress Service; (vi) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain CafePress' name or trademarks; (viii) engage in any activity that interferes with another user's ability to use or enjoy the CafePress Service; or (ix) assist or encourage any third party in engaging in any activity prohibited by this TOS.
3.3 Ordering Policies. If you purchase Products, you agree to do so in accordance with CafePress' Ordering Policy and instructions on the Website. Title to the Products you purchase passes to you when the Products are delivered to the common carrier.
4. Create and Buy General Rules and License.
4.1 Description. As part of the CafePress Service, CafePress offers a service (the "Create & Buy Service") that allows you to upload images, video, audio, data, and other content (collectively, "Content") to the Website to create, produce and purchase Products featuring the uploaded Content for your own use.
4.2 Delivery of Content. You will upload or deliver to CafePress all Content that you want to use with the Create & Buy Service in accordance with the applicable instructions on the Website and the Content Usage Policy. CafePress may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use with the Create & Buy Service. You are subject to all of the same rights, responsibilities and restrictions with respect to any Content as are found in Section 3, 4, and 5 of the Content Owner Agreement, which is hereby incorporated by reference in this TOS.
4.3 Licensing Your Content to CafePress. You will retain ownership of the Content that you upload to the Website. You hereby grant to CafePress a royalty-free, worldwide, transferable, nonexclusive, right and license to use such Content, in all media existing now or created in the future, as CafePress deems necessary to enable you to use the Create & Buy Service to create, produce and purchase Products. CafePress may sublicense the rights that you grant it in this Section to a third party subcontractor only for purposes of providing the CafePress Service, processing your order, and producing and shipping your Products.
5. Reservation of Rights.
5.1 Monitoring. CafePress reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If CafePress determines, in its sole and absolute discretion, that you or another CafePress user will breach a term or condition of this TOS or that such transaction or communication is inappropriate, CafePress may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
5.2 Modification of the Service. CafePress reserves the right to modify the organization, structure or "look and feel" of the CafePress Service or the Website, and may change, suspend, or discontinue any aspect of the CafePress Service at any time without any liability to you or any third party. CafePress shall have complete discretion over the features, functions, prices and other terms and conditions on which the CafePress Service is offered to CafePress users.
7. Representations and Warranties.
7.1 Mutual Representations and Warranties. You represent and warrant to CafePress and CafePress represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this TOS, (ii) the execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions.
7.2 By You. You represent and warrant to CafePress that, in your use of the CafePress Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will not violate any applicable laws, rules, and regulations, including, without limitation, by exploiting images or the likeness of minors. You further represent and warrant to CafePress that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) CafePress will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that CafePress incurs in providing the CafePress Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
8. Disclaimers and Exclusions.
DISCLAIMER OF WARRANTIES. CAFEPRESS PROVIDES THE WEBSITE AND CAFEPRESS SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. CAFEPRESS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, CAFEPRESS SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. CAFEPRESS MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
9. Limitation of Liability.
LIMITATION OF LIABILITY. CAFEPRESS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE CAFEPRESS SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THIS TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY CAFEPRESS TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.
11.1 Termination. In its sole discretion, with or without notice to you, CafePress may: (i) suspend, limit your access to or terminate your use of the Website and/or the CafePress Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from CafePress' servers and directories and (iv) prohibit you from using the CafePress Service and/or the Website.
11.2 Survival. Notwithstanding Section 11.1 above, this TOS will survive indefinitely unless and until CafePress chooses to terminate this TOS.
11.3 Effect of Termination. If you or CafePress terminates your use of the Website or the CafePress Service, CafePress may delete any Content or other materials relating to your use of the CafePress Service on CafePress' servers or otherwise in its possession and CafePress will have no liability to you or any third party for doing so.
13. Dispute Resolution.
Content Owner Agreement
Effective Date: As of November 1, 2013
Welcome to the CafePress Content Owner Agreement ("Agreement"). This Agreement contains the terms and conditions under which CafePress offers the "Content Owner Service" or "COS" (defined below). This Agreement also incorporates by reference all of the terms and condition of the Online Services as described herein and in the Terms of Service ("TOS") which shall apply to all Content Owners. Use of the COS constitutes your agreement to and acceptance of this Agreement. CafePress reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the CafePress Website. In the event of any conflict between this Agreement and TOS, this Agreement shall govern. In the event of substantive changes to the terms of this Agreement, you may also be notified by email. If any modification is unacceptable to you, your only recourse is to cease use of the Online Services. Your continued use of the Online Services and this COS following the effective date posted of a change notice or new agreement on the CafePress Website will constitute binding acceptance of the changes.
1.1 Content Owner Service. This Agreement provides the terms and conditions under which you license your Content and CafePress provides its service allowing you to create, produce, market, and sell Products (the "Content Owner Service" or "COS") in three ways: (a) through your Shops, (b) in the CafePress Marketplace and (c) through the E-commerce Services. Together, all as such services are further defined as “Online Services” under Section 2.4.
1.2 Terms of Service. If you become a user of our COS, you will continue to be bound by all of the terms and conditions of our TOS, which are incorporated into this Agreement by this reference. All initially-capitalized terms not defined in this Agreement are defined in the TOS, and any disputes you may have relating to your use of the COS will be subject to confidential binding arbitration in accordance with Section 13 of the TOS.
2. Opening a Content Owner Account.
2.1 Opening an Account. Only Content Owners have the right to use the COS. To become a Content Owner, you must open a Content Owner account (an "Account") with CafePress through its online registration process.
2.2 Contact Information. You must provide CafePress with accurate and complete contact, payment and tax identification information when you open an Account and in order to become a Content Owner under this COS. You must immediately notify CafePress if any of this information changes. If you do not provide CafePress with complete, accurate, and updated contact, payment and tax identification information, you may not be eligible to sell Products for a royalty or at all.
2.3 Account Security. You will need to select a password if you open an Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Account, including, without limitation, any use by any unauthorized third parties. You must notify CafePress immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify CafePress immediately if you become aware of any other breach or attempted breach of the security of your Account or the Online Services.
2.4 Online Services. Through the various Online Services platforms, CafePress provides, without limitation, premium products, programs, promotions, coupons, discounts, market data, special pricing structures, Shops, fan portals, the CafePress Marketplace and E-Commerce Services (as further defined in the Fees and Royalties terms found here), and any other similar royalty or fee-based services and programs provided by CafePress (each an "Online Service" and together, the “Online Services”). Specific terms that related to each of the CafePress Marketplace and Shop Services, and the terms and conditions upon which the various E-Commerce Services are offered, are set forth on the relevant sections of the TOS. Fees and Royalties related to each form of the Online Services are found here. Use of any of the Online Services constitutes your agreement and acceptance of the respective terms and conditions of the terms and conditions of this COS and any one of the Online Services agreement and acceptance of any specific terms connected thereto. CafePress may terminate or modify any or all of the Online Services from time to time.
3. Your Obligations.
3.1 General. You must use the COS in a manner that demonstrates common sense and respect for the rights of CafePress and third parties and in accordance with applicable laws and regulations.
3.2 Your Content.
(a) If you open an Account, you will be solely and exclusively responsible for ensuring your Account, any content or materials that you submit to CafePress for use with your Products ("Content"), and any websites linked to your Account pages comply with the terms and conditions of this Agreement and all applicable laws, regulations and rules. All Content must comply with the Content Usage Policy. While CafePress has no obligation to monitor the transactions or communications made through its Website, it reserves the right, in its sole and absolute discretion, to cancel any transaction or remove or limit access to any Content from the Website at any time without notice and without any liability to you or any third party.
(b) CafePress may remove Content from your Account if: 1) your Account has been inactive, as determined by CafePress in its sole discretion, and there are no sales associated with your Account for a period of twelve (12) months or more; or 2) there are no sales associated with the Content for a period of twelve (12) months or more.
3.3 Prohibited Content. You may not upload Content nor design, produce, market or sell any Product that does not comply with the Content Usage Policy, as determined by CafePress in its sole and absolute discretion. For example, but without limitation, you may not design, produce, market or sell a Product with Content that CafePress believes: (i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, and rights of privacy and publicity; (ii) is defamatory; (iii) is obscene or pornographic; or (iv) violates any applicable law, rule, or regulation, including, without limitation, by exploiting images or the likeness of minors. To the extent you violate the Content Usage Policy or the obligations under this Section 3, your Products, Shops or Account are subject to termination or suspension and you may be liable for any and all consequences resulting from such violation of this Agreement, including without limitation liability for monetary damages to third parties.
3.4 Copying Content. To the extent CafePress discovers that you have attempted to pass off as your own Content provided by another Content Owner on CafePress, or you otherwise modify such Content Owner's Content to mask its origin, you will be liable for any all claims with respect to such action, including without limitation remitting any royalties earned to the other Content Owner, and your Account will be subject to termination in our sole discretion and we may make indemnification claim against you in accordance with Section 8.
4. Licensing Your Content to CafePress.
In uploading any of your Content to the Website, you grant to CafePress a royalty-free, worldwide, transferable, nonexclusive, right and license in such Content for use in our Online Services, in all media and sales channels, existing now or created in the future: (i) to permit you to design, produce, market and make available for sale your Products and/or Content in connection with any Online Service, and (ii) to promote, market and advertise your Products, your Shops, your Content, the CafePress Marketplace or the E-commerce Services or the Online Services generally. Without limitation, this distribution, promotion, marketing, or advertising may consist of: (i) display for sale of your Products and/or Content through our Website, affiliates, feeds, API and distribution partners, (ii) promotional "streams" of audio Content on the Website, (iii) display of pages from book Products on the Website, (iv) display of Product or Content placement in magazines, television shows, movies, and other media; and/or (v) further advertisements for sale of Products or Content through the E-commerce Services including but not limited to third party product feeds and banner advertisements. In the CafePress Marketplace, all of the royalties due on sales contained here shall be at retail prices, discounted prices, promotional prices, or as otherwise determined by CafePress, in its sole discretion. The sale and distribution of the Products to other retailers, wholesalers, distributors or businesses shall be at pricing as determined by CafePress and/or its distribution partners in its sole discretion. All royalties on the sales of Products pursuant to the Online Services shall be under the terms further set forth in on the terms on Fees and Royalties.
CafePress may also sublicense the rights that you grant it in this Section in connection with provision of the Online Services and the sale of your Products. In connection with providing you the Online Services, you also grant CafePress the right to (i) automatically add your Content to additional base products distributed by CafePress or its partners, in the CafePress Marketplace and/or for the E-commerce Services; and (ii) in order to improve the printing quality, display parameters or other enhancements in presentation of the Products, CafePress may automatically modify your Content (e.g., cleaning up JPG artifacting, sizing, including without limitation adjusting colors for different printers and products, and adjusting design placement on any products). You hereby consent and agree to such additional Product creation by CafePress or its partners, and you will be compensated for any new Products that may be created by CafePress with your Content in accordance with the royalty provisions noted below. This Section 4 only gives CafePress the non-exclusive right to use your Content for the purposes stated herein, and does not give CafePress any ownership of any of your Content and/or the intellectual property rights contained therein, for which you remain solely and wholly responsible.
5. Product Creation.
5.1 Delivery of Content. You will upload or ship to CafePress all Content that you want to use with the COS in accordance with the applicable instructions on the Website. You must also upload or ship all other Content required to package and market any of your Products, such as cover artwork, titles, and complete and accurate credits. CafePress may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use with the COS.
5.2 Approvals and Consents. You must have all necessary approvals and consents to use all Content and, if requested by CafePress, you must deliver copies of those approvals and consents to CafePress.
5.3 Costs of Creation. You will be solely responsible for the creation of the electronic and digital Content that you upload or ship to CafePress, and will pay all costs associated with its creation and copies thereof, including, without limitation: (i) any royalties or other compensation owed to third parties for its use; (ii) payments required by any agreement between you and any labor organization (such as unions or guilds); (iii) all studio, tape, editing, mixing, re-mixing, mastering and engineering costs; and (iv) all costs of travel, per diems, facilities, equipment, and the like. You hereby indemnify CafePress and its officers, directors and employees from any third party claims associated with a failure to meet your obligations under this Agreement in accordance with Section 8 herein.
5.4 Third Party Royalties. You must pay all royalties or similar payments that are or may become due to any third party for any reason, such as all payments under licenses for third-party material in your Content. For example, you must pay all royalties due to the owners of any intellectual property, such as logos, photographs, likenesses, that you do not own and that are used in your Content. CafePress reserves the right to remove your Content for any reason if it believes that such third party royalties have not been or will not be paid.
5.5 Unions and Guilds. You acknowledge that CafePress is not currently a party to any collective bargaining agreement with any union or guild and that you are solely responsible for complying with any applicable union or guild rules, including without limitation, those relating to payments.
6. Marketing and Advertising Your Products and Shops.
6.1 Marketing of Your Products and Shops. CafePress reserves the right, but has no obligation, to promote your Shops, Products and/or Content generally in any and all sales channels, for example, featuring them in CafePress newsletters or on the Website, social media platforms, feeds of Products to distribution partners through the E-commerce Services, or by referring users to your Shops or Product listing in the CafePress Marketplace, or describing your Products or Shops in communications with third parties. If you individually market and promote your Shops and Products you must do so in accordance with this Agreement and the Content Usage Policy.
6.2 No Spam. You may not use "spam," "blast-faxes" or recorded telephone messages to market or sell Products. You may not spam or attempt to deliberately subvert the results of the CafePress directory or search engine with false, misleading, or unnecessarily repetitive information.
6.3 Links. CafePress, in its sole discretion, may prohibit you from "linking" your Shops to any websites that contain content that, if used on the CafePress Website, would violate any of CafePress' agreements or policies or that compete with CafePress.
6.4 Customer Information. CafePress may, from time to time, provide you with information relating to Customers that purchase Products from your Shops. You may only use or disclose this information to a third party for your internal record keeping. You may not disclose any of this information to a third party or use it for any other purposes.
7. Royalty and Fees.
7.1 Fees and Royalty. CafePress will pay you a royalty for all sales of Products incorporating your Content ("Royalty") at the rates set forth on the chart found here. You understand and agree that CafePress shall also assign each Account or Product sold in the CafePress Marketplace with an Account score and/or image score (“Sales Quality Score”) that shall determine the rate of royalties you will receive on sales of your Products. The criteria and formula used to create the Sales Quality Score is found here and may change from time to time in CafePress’ sole discretion and without notice to users, but will not be updated more than once every 30 calendar days.
7.2 Tax Information. If you choose to sell Products for royalties through the COS, you must provide your taxpayer identification number to CafePress. Failure to provide an accurate taxpayer identification number may result in CafePress withholding your payment until you provide an accurate tax identification number. It is your responsibility to determine what, if any, taxes apply to the payments you receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. You hereby agree that CafePress is not responsible for determining whether taxes apply to your transactions, or for collecting, reporting or remitting any taxes arising from any payments made to you for Products sold through the COS. It is solely your obligation to maintain any and all records that may be required for your tax purposes. CafePress is not responsible for, and may delete, information associated with your Account that is more than three years old.
7.2 Payment Terms. If you earn less than the dollar amount selected as the payment threshold ("Payment Threshold") in the "Payee Information" Section of your account management screen, then the amount of such royalties will not be paid, but will accrue to your Account until such time as it becomes equal to or greater than the Payment Threshold. CafePress will make a payment to you (by check, wire or electronic transfer) for the amount of such royalties no later than 60 days after the end of the month in which the total amount of accrued royalties may reach or exceed the Payment Threshold. CafePress may, in its discretion, send you a payment before your accrued royalties reach or exceeds the Payment Threshold. If you have provided an undeliverable mailing address and two or more consecutive payments have been returned to CafePress as undeliverable, we may stop sending future payments to you until you provide a deliverable mailing address. See also Section 7.5.
7.3 Special Terms for Shop Fees and Earnings. Fees, volume bonuses and bulk order pricing for Shops are set forth on the Special Shop Terms, which may be modified from time to time without notice to you. Your continued use of the COS shall constitute your agreement to any such modifications.
7.4 Processing Fees. If CafePress owes you accrued royalties that are less than the Payment Threshold for at least 365 days, then CafePress may send you payment of such accrued royalties minus a $25 processing fee. If the amount of accrued royalties is under $25 for at least 365 days, such amount will be used to cover CafePress' administrative costs and no payment will be made to you.
7.5 Waiver of Accrued Royalties. If you: (i) fail to provide CafePress with accurate and complete contact and tax identification information after notice to you at the email provided; and/or (ii) the funds remain outstanding and unclaimed for more than 12 months, you hereby expressly agree that you waive all right, title and interest in or to any royalty payments accrued in your account and that all such accrued payments shall be the sole property of CafePress, to retain in their sole discretion, without any liability to you or any third party.
7.6 Termination Fees. If you or CafePress terminate your Account, and you have less than $25 in accrued but unpaid royalties then outstanding, CafePress may charge you up to that amount when sending you your final payment to cover its administrative costs.
As you are also bound by the TOS in using the COS, you hereby fully indemnify, defend and hold CafePress, and its officers, directors and employees, harmless for any Claim (as defined in the TOS) arising out of, relating to, or connected with your alleged breach of the TOS in using the COS in accordance with Section 10 of the TOS, including without limitation, your violation of our Content Usage Policy. You may be liable for monetary damages incurred by CafePress in connection with your violation of any part of this Agreement. You also indemnify, defend, and hold CafePress, and its officers, directors and employees, harmless based on any Claim alleging facts that, if true, would constitute a breach of this Agreement. CafePress may withhold or set off any royalties or payments that may be due to you in connection with this indemnification obligation.
9.1 CafePress Termination. In its sole discretion, with or without notice to you, CafePress may: (i) suspend, limit your access to or terminate your use of the COS, (ii) suspend, limit your access to or terminate your Account, (iii) remove any of your Shops, Products or Content from CafePress' servers and directories, and/or (iv) block your IP address or otherwise prohibit you from opening any new Shops or otherwise utilizing the Online Services.
9.2 Account Termination. If you are a user of our COS, you may terminate your Account for any reason at any time by completing the online account termination form.
9.3 Effect of Termination. If you or CafePress suspend or terminate your Account, CafePress may, without being liable to you or any third party: (i) delete any Content or other materials relating to your use of the COS, and (ii) not allow you to access your Shops or create, produce, market, or sell Products. If you or CafePress terminate your Account, you must immediately remove all links to the Website from any websites you operate and cease representing yourself as a user of our COS.
9.4 Survival. The following Sections will survive termination of your Account: 1, 3, 4, 5.2 through 5.5, 6.4, 7, 8, 9.3, and 9.4.
Content Usage Policy
Welcome to the CafePress Content Usage Policy. This Content Usage Policy sets forth the guidelines for use of content through the CafePress Service. Users of the CafePress Service are responsible for making sure their content complies with this Content Usage Policy. If you believe a user is infringing upon your intellectual property rights please use the process set forth in our Intellectual Property Rights Policy. If you would like to report something that you believe does not comply with this Content Usage Policy, please email firstname.lastname@example.org.
Questionable Material & Prohibited Content
All content being used in connection with the CafePress Service will be graded using a White - Gray - Black scale. Content that is clearly acceptable to use will fall within the White Zone. Content that is strictly prohibited will fall within the Black Zone. Content that is questionable will fall within the Gray Zone. Content that is deemed to be in the Gray Zone but closer to White Zone may have a higher probability of not being removed from a user's shop, while content that is deemed to be in the Gray Zone but closer to the Black Zone may have a higher probability of being removed.
Below are some general types of content that are prohibited on CafePress. CafePress will determine, in its sole and absolute discretion, whether your content is in compliance with this Content Usage Policy (CUP). Any content that is determined to be in the Gray Zone may be subject to removal in accordance with the CafePress Terms of Service and Content Owner Agreement.
General Guidelines for Prohibited Content
The list outlined above should NOT be construed as an exhaustive list of offensive material but rather as a general guideline for you to follow.
PLEASE NOTE: CafePress has millions of users from varied backgrounds, beliefs, and cultures, who differ in their views about what is considered offensive and acceptable. We recognize that with such global diversity there will be differences about what is considered offensive and that someone somewhere in the world may be offended by the opinions, perspectives and creative expressions of some of our users. We ask that all users respect each others' right to express themselves in a manner consistent with this Content Usage Policy.
For more information on compliance with the CAN-SPAM Act of 2003 please visit the Federal Trade Commission website at http://www.ftc.gov/spam/
URLs, Keywords, Search Terms, and other Identifiers
CafePress Branding Bar
False or Misleading Marketing Material
All images created for the below products must comply with the following rules. Please note that the rules may be more restrictive than the CafePress Content Usage Policy, however you must adhere to the following brand guidelines and requirements. We reserve the right to remove any products from the site that violate these terms at any time without notice and without incurring any liability to you or any third party.
GAIAM MERCHANDISE RULES
SIGG MERCHANDISE RULES
THERMOS MERCHANDISE RULES
Intellectual Property Information
This Intellectual Property information is provided to help you better understand Intellectual Property laws as they relate to your use of content through CafePress. The information contained on this page is for informative purposes only and should not be construed as legal advice. For specific advice regarding your use of content through CafePress, please consult an attorney.
What is a Copyright?
How long does copyright protection last?
What material is in the public domain?
What is fair use?
Fair use is a difficult and murky concept, even for experts, so you should consult with an attorney before using copyrighted material in connection with the CafePress Service, even if you think that such use is "fair." One way to evaluate whether a use is "fair" is to consider your own reaction if someone used your work without permission.
For more information on copyright visit the United States Copyright Office at http://www.copyright.gov and the federal law on copyrights (U.S.C. Title 17) http://www.access.gpo.gov/uscode/uscmain.html.
What is a Trademark?
What is a Service Mark?
What can be trademarked?
What is Trade Dress?
What are Trademark Rights?
What is the difference between a Trademark and a Registered Trademark?
For more information on Trademarks visit United States Patent and Trademark Office at http://www.uspto.gov and the federal law on trademarks (U.S.C. Title 15) http://www.access.gpo.gov/uscode/uscmain.html.
Right of Publicity
What is Right of Publicity?
Right of Privacy
What is the Right of Privacy?
What is defamation?
A false and damaging statement of fact; concerning an individual or entity; is communicated to a person or persons other than the individual or entity whom the false or damaging fact is about (i.e., published); and the person publishing such information knew or should have known it to be false.
In this circumstance, "published" means that such statement was written or verbally communicated to another. Written defamation is also known as "libel." Verbal defamation is also known as "slander."
Examples of Prohibited Content
In accordance with intellectual property laws, CafePress has certain rules regarding the types of merchandise that you can make and sell through its service. For example:
Frequently Asked Questions
Does CafePress own the rights to my content?
If it does not have a copyright notice, is it ok to use?
If I do not mark up the selling price of my products, is it still infringement?
Is it ok to use an image I found on the Internet?
Is it Fair Use?
If I took a photograph of a celebrity or a company logo can I use it to make merchandise?
Do I have to obtain a copyright registration for my creative work?
I based my artwork on the artwork of a third party, is that ok?
It's parody, is it ok?
I am using Clip Art, is it ok?
The First Amendment protects my freedom of speech, so I can use whatever images I want.
Do Political Figures have a Right of Publicity?
Do I need a lawyer to register a copyright?
Effective Date: April 24, 2013
What Types of Information Does CafePress Collect From Me?
Personal Information. We collect Personal Information that you provide to us, such as your name, mailing address, phone number, email address, credit card number, and financial information.
Non-Personal Information. We also collect non-personal information from you, such as your browser type, the URL of the previous website you visited, your ISP, operating system, and your Internet protocol (IP) Address ("Non-Personal Information"). Non-Personal Information cannot be easily used to personally identify you.
How and When Does CafePress Collect This Information?
Providing Information to Us. We collect Personal Information from you when you provide it to us. For example, if you purchase a product, we may collect your name, mailing address, telephone number, credit card number, and email address. If you create a Content Owner Account, we may collect your name, tax identification number, mailing address, email address, and other information that we request during the registration process, and any information that you provide on your CafePress storefront. If you sign up to receive a newsletter, we will collect your email address.
Communications With Us. If you communicate with us regarding the Website or the CafePress Services, we will collect any information that you provide to us in any such communication.
Analytic and Reporting Technologies. Like the operators of most websites, we use analytic and reporting technologies to record Non-Personal Information such as Internet domain and host names, Internet protocol (IP) addresses, browser software, operating system types, clickstream patterns, and the dates and times that the Website and the CafePress Services are accessed. We also contract with several online partners to help manage, monitor and optimize our Website and the CafePress Services and to help us measure the effectiveness of our advertising, communications and how visitors use the Website. To do this, we may use web beacons and cookies.
How Does CafePress Use My Information?
Personal Information. We use Personal Information primarily for our own internal purposes, such as providing, maintaining, evaluating, and improving the CafePress Services and the Website, fulfilling requests for information, producing and shipping the products that you order, and providing customer support. For example, if you create a Content Owner Account, we will use the information that you provide us to communicate with you and pay you any royalties that you earn. Similarly, if you sign up to receive a CafePress newsletter, we will use the email address you provide to send you the newsletters.
Non-Personal Information. We use Non-Personal Information to track the use of the Website and the CafePress Services and for other internal purposes, such as providing, maintaining, evaluating, and improving the CafePress Services and the Website.
When Will CafePress Disclose My Information to Third Parties?
Disclosure to Successors. We may disclose your Personal Information to any successor-in-interest of ours, such as a company that acquires us. In the event CafePress goes through a business transition, such as a merger or acquisition by or with another company, or sale of all or a portion of our assets, your Personal Information will likely be among the assets transferred. You will be notified via email or by a notice on our Website of any such change in ownership or control of your Personal Information.
Disclosure to Unaffiliated Third Parties. We may disclose your Personal Information to prevent an emergency, to prevent harm to others, to respond to legal requirements, to protect or enforce our rights and policies, to protect or enforce the rights of a third party, or as required or permitted by law (including, without limitation, to comply with a subpoena or court order). In particular, if you are a Content Owner, we may disclose your information to a third party that alleges that you have infringed their intellectual property rights through the products sold through your Shop. Similarly, if you allege that a Content Owner is infringing upon your intellectual property rights, we may disclose your information to that Content Owner.
Disclosure to Third Party Service Providers and Online Partners. We may contract with various third parties who help us provide, maintain and improve the Website and the CafePress Services. For example, we use a third party to process payments made to us, and may subcontract out production, fulfillment, analytics, reporting or other operations. We also contract with several online partners to help manage, monitor and optimize our Website and the CafePress Services and to help us measure the effectiveness of our advertising, communications and how visitors use the Website. We will use commercially reasonable efforts to prevent such third parties from disclosing your Personal Information, except for the purpose of providing the services in question. We cannot guarantee that such third parties will not disclose your Personal Information. CafePress does not share, rent or trade your Personal Information with third parties for their promotional purposes.
Disclosure to Content Owners. If you purchase a product from a Shop, CafePress may provide your name, and the city and state information provided by you to the Content Owner. In the Content Owner Agreement, CafePress contractually obligates each Content Owner not to use or disclose this information for any purposes other than internal record keeping, and for marketing their Shops, only if you have opted in to receive marketing material directly from the Content Owner. We cannot guarantee all Content Owners will comply with this obligation.
Disclosure of Non-Personal Information. We will disclose Non-Personal Information, in aggregate form, to potential strategic partners, advertisers, investors, customers, and others. You may not opt-out of the sharing of this information. However, it cannot be easily used to identify you personally.
Internet Advertising. We may use third party service providers to serve ads on our behalf across the Internet and sometimes on the Website. They may collect anonymous information about your visits to our Website, and your interaction with our products and services. They may also use information about your visits to this and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a web beacon, which is industry standard technology used by most major websites. If you would like more information about this practice and to know your choices about not having this anonymous information used by our third party service providers, please click here.
What About Cookies and Web Beacons?
A web beacon is an often-transparent graphic image, usually no larger than a 1x1 pixel that is placed on a web page or in an e-mail that is used to monitor the behavior of the user visiting the Website or receiving the e-mail.
Does CafePress Protect My Personal Information?
Personal Information. Whenever we obtain your Personal Information, we use commercially reasonable efforts to protect it from unauthorized access or disclosure. However, we are not insurers of the security of your Personal Information. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control.
Website Content. The content that you store, post, or transmit on or through the Website, such as message board postings, storefront pages, and images on your Products, may be accessed by other users, including people that you do not know. We are not responsible for the actions of others. Therefore, you should use care in communicating with other users and only disclose your Personal Information to other users that you know to be trustworthy. You should not assume that your content will be kept private.
How Can I Review and Make Changes to My Personal Information?
You can obtain a copy of and request that we correct errors in your Personal Information by emailing us at email@example.com. For your protection, you will be required to provide proof of your identity to obtain a copy of your Personal Information. If your Personal Information changes or if you no longer want to use the CafePress Services, you may correct, update or deactivate your Personal Information and/or your account through the account management screen. If you would like to deactivate or terminate your account you can also contact Customer Service.
The security of your Personal Information is important to us. When you enter sensitive information such as a credit card number and/or social security number on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).
We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Given that the Internet is a global environment, using the Internet to collect and process Personal Information necessarily involves the transmission of data on an international basis. By providing CafePress with your Personal Information you acknowledge and agree that we may store your Personal Information and transfer it to and from our servers located in the United States and throughout the world. We endeavor to protect all Personal Information collected through the Website in a safe, confidential and secure manner.
What About Children's Privacy?
Under Thirteen. The CafePress Services are intended for users ages 13 and older only. Accordingly, we will not knowingly collect or use any Personal Information from children that we know to be under the age of 13. In addition, we will delete any information in our database that we know originates from a child under the age of 13.
Thirteen to Seventeen. Prospective users between the ages of 13 and 17 can only use the CafePress Services under their parents or legal guardian's supervision. If you are between the ages of 13 and 17, you, your parent, or your legal guardian may request that we deactivate any of your Personal Information in our database and/or opt-out from receiving communications from us. If you wish to do so, please contact us at firstname.lastname@example.org.
Can I Opt-Out From Receiving Communications From CafePress?
We provide you the opportunity to opt-out of having your Personal Information used for certain purposes. For example, if you purchase a product/service but do not wish to receive any additional marketing material from us, you can indicate your preference on our order form.
If you no longer wish to receive our newsletters and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at email@example.com. We also offer you an opportunity to opt-out of certain communications through the account management screen. If you need assistance you may contact us at firstname.lastname@example.org; Customer Service; or via mail sent to 1850 Gateway Drive, Suite 300, San Mateo, CA 94404.
Notice to California Residents.
CafePress Fees and Royalties (formerly Marketplace and Shop Services)
Update effective as of November 1, 2013
CafePress in its sole and absolute discretion will determine what Products will be made available through the CafePress Marketplace and shall set retail prices on the CafePress Marketplace. E-commerce Services partners of CafePress shall set retail prices through any of the E-commerce Services, which may differ than those found in the CafePress Marketplace.
1. Through the Online Services, you can list designs and/or products in your Shops and/or in the CafePress Marketplace, inclusive of the E-commerce Services platform* (If you choose to opt-in to the CafePress Marketplace, the fees and royalties listed in the “Marketplace Sales” will apply to those Products offered in the CafePress Marketplace and those through distributed E-commerce Services will be sold at associated royalty rate of 5% of Net Revenue. However, you can choose to opt-out of eligibility for offering through the CafePress Marketplace and availability for E-commerce Services sales from the "Shop Management" screen in your Account. By opting into the CafePress Marketplace and E-commerce Services you are agreeing that CafePress and/or its distribution partners will determine the retail price for your Products that are sold through the CafePress Marketplace and E-commerce Services channels (the retail price you set for your products in your Shops will remain the same). Separately, if you opted in to the CafePress Marketplace, your Products will also be eligible for CafePress Affiliate Program. Information on and terms of services related to the Affiliate Program can be found at http://www.cafepress.com/content/cp-partners/.
2. A per Product Sales Quality Score will be assigned to each PTN. For information on the application of a Sales Quality Score to your Products, see here.
3. “E-commerce Services” are the distribution channels, platforms and mechanisms by which CafePress sells and distributes your Products, including without limitation, any and all third party feeds, retail distribution partnerships, as well as any CafePress Inc.’s owned, operated and/or controlled distribution channels and our other retail Websites including without limitation, www.logosportswear.com, www.greatbigcanvas.com, www.imagekind.com, www.invitationbox.com, www.ezprints.com and www.tfund.com. (By way of example, if your Product, which is opted-in to the CafePress Marketplace, is (a) sold throughout distribution partnership with Amazon.com, or (b) selected by a third party campaigner through the TFund Service offering located at www.tfund.com, then you will receive a royalty of 5% of the Net Revenue for all eligible sales of your Products. However, to the extent you opt in your own Product for a campaign on the TFund Service you will receive solely the net revenue associated with that site’s Terms of Services. For the detailed Terms of Service related to each CafePress Inc. property, see the individual websites). CafePress reserves the right, in its sole and absolute discretion to add or delete distribution channels which may offer your Products (subject to the license terms set forth herein) at any time without liability to you and/or any other third party.
4. “Net Revenue” shall mean the gross revenue actually received by CafePress on sales and distribution of the Products, less discounts, returns, refunds, redos, and chargebacks, where applicable, and excluding sales taxes and shipping revenue.
5. Royalties for Products created pursuant to Fan Portals and properly tagged for such fan portal properties shall receive royalties from Net Revenue calculated on the terms as otherwise set forth on the Fan Portal pages which vary by individual property and may change from time to time in accordance with the agreements in place with the licensors. The current list of Fan Portal properties as of October 1, 2013 is set forth here. Similarly, Branded Products (base goods provided for Products from well-known brand names such as Thermos® or Sigg™) may have special terms and royalty rates as set forth on the pages referenced here.
Whenever you order 12 or more of a specific product from your own shop you can receive up to a forty-five percent (45%) discount. You may also receive discounts for bulk orders based of products you purchase from our LogoSportswear.com site
Below you'll find links to our product category tables where you can view the unit costs for each of the products you can customize.
Clothing & Apparel:
Drinkware & Kitchen Gifts:
Home & Office:
Products Excluded from Bulk Pricing:
All prices shown are in USD.
Special Shop Terms
Updated effective as of November 1, 2013
CafePress offers its users the ability to create their own virtual online shop at the following rates and a pricing managed by you:
*Shop service fees are automatically billed one month from the date of opening your Shop(s). If you do not elect a specific plan, or if you have an invalid or declined credit card on file, your account will be billed according to the No Up-Front Fee Plan set forth above.
Each CafePress product sold through your Shop(s) has a Base Price* that includes all fees associated with selling (see base price chart here). You simply set your retail price† in your Shop above the Base Price. When you sell an item, CafePress keeps the Base Price and sends you the markup as payment of your royalty on the sale.**
*Base Prices do not include (i) second side print surcharge of $4 per item for light garments and $9 per item for dark garments, and (ii) 2X-4X sizes surcharges of $3 per item. Second side print and 2X-4X sizes surcharges are applied to the total retail price. For example:
**A 5% of sales price as a transaction fee will be charged by CafePress on markup amounts greater than $15. For example, if you markup an item by $20, an additional fee of $.25 will be charged (that is 5% of the $5 over the $15 markup limit).
† Products sold through the CafePress Marketplace, the E-commerce Services, Fan Portals or that include Branded Products are subject to a different pricing and royalty structure (See Fees and Royalties Chart), even where the product itself may be identical (e.g. you may have a product available in both your Shop and the CafePress Marketplace, if the Product is added to cart in your Shop it will be subject to the Base Price/markup pricing structure noted here, if the Product is added to cart in the CafePress Marketplace it will be subject to the CafePress Marketplace pricing and royalty structure).
Shop Performance Bonus
Whenever you order 12 or more of a specific product from your own Shop you can receive discounts as set forth on the Bulk Discount Chart
Intellectual Property Rights
CafePress.com provides an automated internet-based service to users, which they use to design and sell merchandise. We contractually prohibit our users from using the service to sell merchandise that infringes third party intellectual property rights (such as copyright, trademark, trade dress and right of publicity). We encourage intellectual property rights owners to contact us if they believe that a user of our service has infringed their rights. If you let us know that your rights are being infringed by one of our users we will (in our discretion) require that the user's content is removed from products and, if the user continues to infringe your rights (or infringes the rights of others) terminate the user's access to our services.
If you believe that your intellectual property rights have been infringed by a user of our service, please provide our Intellectual Property Rights Agent with a notification that contains the following information:
Our Intellectual Property Rights Agent is Lindsay Moore, who may reached by mail, email, telephone or fax as follows:
Fan Portal Guidelines
Use these guidelines to create T-shirts, posters, stickers and other merchandise for your favorite entertainment brands.
CafePress Affiliate User Agreement:
Welcome to the CafePress Affiliate Operating Agreement ("Agreement"). This Agreement contains the conditions under which you may participate in the CafePress Affiliate Program (the "Program"). If you do not read, understand and agree to all of the terms and conditions of this Agreement, you may not participate in the Program.
CafePress Inc. ("CafePress") reserves the right to modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion. Any change notice or new agreement will be posted publicly on the CafePress website (as further defined below, "Website"). Modifications may include, for example, changes in the scope of available commission fees, commission fee schedules, payment procedures, Program features, and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following posting of a change notice or new agreement on the Website will constitute binding acceptance of the change.
IF YOU ARE INTERESTED IN BECOMING A CAFEPRESS AFFILIIATE, PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THERE ARE RESTRICTIONS ON THE TYPES OF CONTENT THAT CAN BE OFFERED IN CONNECTION WITH AFFILIATE ACCOUNTS AND FAILURE TO COMPLY WITH THE PROGRAM TERMS WILL RESULT IN TERMINATION.
IF YOU ARE A RESIDENT OF THE FOLLOWING STATES, YOU ARE NOT ELIGIBLE FOR, AND MAY NOT PARTICIPATE IN, THE PROGRAM:
1.1 Affiliate Program. This Agreement provides the terms and conditions under which CafePress makes available the Program by which you may refer potential customers to purchase Products on the CafePress Website.
1.2 Terms of Service. If you become an Affiliate, you will continue to be bound by all of the terms and conditions of the Terms of Service, and by your agreement to the terms hereof and participation in the Program. By this reference this Agreement shall be deemed incorporated into the Terms of Service. For purposes of clarity, the Program is deemed part of the "CafePress Service," and all initially-capitalized terms not defined in this Agreement shall have the meaning set forth for such term in the Terms of Service, and any disputes resulting from your participation in the Program will be subject to confidential binding arbitration in accordance with Section 13 of the Terms of Service. If the terms of this Agreement conflict with the Terms of Service, then this Agreement will govern and be given precedence, with respect to the Program.
1.3 Additional Definitions. For purposes of this Agreement: (1) "Website" means a World Wide Website and, depending on the context, refers either to the CafePress Website located at www.cafepress.com, or any of our affiliated and wholly-owned Websites, and (2) "Affiliate Website" means to the website that you will link to the CafePress Website. As used in this Agreement, "our" or "we" means CafePress Inc.
2. Eligibility and Becoming an Affiliate.
2.1 Opening an Account. To become an Affiliate and participate in the Program, you can open an Affiliate account (an "Affiliate Account") by agreeing to the terms and conditions of this Agreement. All Affiliates that agree to be bound by the terms and conditions set forth in this Agreement are automatically approved and can begin participating in the program. At any time thereafter, CafePress may evaluate your status as an Affiliate and limit or terminate your Affiliate Account for any reason as determined in our sole discretion, including but not limited to, the inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, pornographic, harassing, racially or ethnically derogatory or otherwise objectionable or damaging to our business. All decisions are final and in our sole discretion. If we revoke or terminate your Affiliate Account, you may reapply at any time, but there is no guarantee that any later determination will differ from the first. No coupon sites and no scripting are permitted in connection with any Affiliate Account.
2.2 Contact Information. You must provide us with accurate and complete contact and payment information when you open an Affiliate Account. You must immediately notify us if any of your contact or payment information changes. If you do not provide us with complete, accurate, and updated contact information, you may not be eligible to receive commissions based on your participation in the Program. You will receive an email confirming your account information. If you do not provide full contact emails at registration, you will be contacted within thirty (30) days to update your information. If you fail to do so, your Affiliate Account will be subject to termination.
2.3 Account Security. You will need to select a password if you open an Affiliate Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Affiliate Account, including, without limitation, any use by any third party. You must notify us immediately if you believe your password has been, or may have been, obtained or used by any unauthorized person or entity. In addition, you must notify us immediately if you become aware of any other breach or attempted breach of the security of your Affiliate Account or the CafePress Service.
2.4. Minimum Website Requirements. Members of CafePress are eligible to participate in the Program, however, we reserve the right to close any member's Affiliate Account or Member Account at any time for any reason. We do not allow Affiliate Websites to participate in the Program that violate the CafePress Content Usage Policy.
2.5 State Residency Restrictions. You may not participate in the Program if you are a resident of Arkansas, Connecticut, Hawaii, Illinois, New York or Rhode Island.
3. Your Affiliate Website.3.1 The Use of Links from Your Affiliate Website. As a member of the Program, you may provide on your Affiliate Website one or more of the following types of links to the Website:
We will provide you with guidelines and graphical artwork to use in linking to the Website. To permit accurate tracking, reporting, and commission fee calculation, we will provide you with special "tagged" link formats to be used in all links between your Affiliate Website and the Website. You must ensure that each of these links properly utilizes such special link formats. Links to the Website placed on your Affiliate Website pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Link(s)." You will only earn commission fees with respect to activity on the Website occurring directly through Special Links. We will not be liable to you with respect to any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts which would otherwise be paid to you pursuant to this Agreement. You will, however, earn commission fees with respect to all product purchases through the Website once from that "Special" link.
3.2 Additional Restrictions. (a) You may not use any existing or future software products or services that (1) will replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner the Website user's access, view or usage of, or other aspect of the user's experience at any CafePress Affiliate Websites in a manner that causes or otherwise results in a different experience from what was otherwise intended by CafePress Affiliates; or (2) will block, alter, direct, redirect, substitute, insert, append itself to, or otherwise intercept or interfere in any manner with any click through or other traffic-based transaction that originated from CafePress Affiliates with the result of reducing any compensation or other payment earned by or owing to CafePress Affiliates. (b) You may not purchase, register, or bid on any keywords, search terms or other identifiers that include the term "cafepress" or variations thereof (for example "cafepress", "cafe press", "CafePress.com", etc.) for use in any search engine, portal, sponsored advertising service or other search or referral service.
If CafePress determines, in its sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to CafePress) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement. (c ) If you are a CafePress Designer, you cannot earn commissions as an Affiliate by linking to your own CafePress Shops or Products. CafePress Designers can only earn commissions as an Affiliate by linking to the shops of other members or to the CafePress marketplace. If we determine, in our sole discretion, that you are abusing the system, we may (without limiting any other rights or remedies available to us) withdraw your participation and withhold any commission fees payable to you through the Affiliate Program.
3.3 Responsibility for Your Affiliate Website. You will be solely responsible for the development, operation, and maintenance of your Website and for all materials that appear on your Affiliate Website. For example, you will be solely responsible for:
4. Customers Purchasing Via the Program.
4.1 Order Processing and Reporting. We will process Product orders placed by customers who follow Special Links from your Affiliate Website to the Website ("Customers"). We reserve the right to reject orders that do not comply with any requirements that we may periodically establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms; process payments, cancellations, and returns; and handle Customer service. We will track sales made to Customers who purchase products using Special Links from your Affiliate Website to the Website and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time at our discretion.
4.2 Policies and Pricing on the CafePress Website. Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those Customers. We may change our rules, policies and operating procedures at any time. For example, we will determine the prices to be charged for any Products sold under this Program in accordance with our pricing policies. Product prices and availability may vary from time to time. Because price changes may affect products that you already have listed on your Affiliate Website, you may not include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
5.1 Commission Fees. We will pay you fees on certain Product sales to third parties. For a Product sale to be eligible to earn a fee, the Customer must follow a Special Link from your Affiliate Website to the Website, select and purchase the Product using our automated ordering system within sixty (60) days of the initial Customer session on the Website, accept delivery of the Product at the shipping destination, and remit full payment to us. Only if all of the above circumstances are met will you be eligible for a fee to be paid. Products that are eligible for earning fees in the Affiliate Program may change at any time with no notice to Affiliates.
5.2 Commission Fee Schedule. You will earn Affiliate commission fees based on "Net Qualifying Revenues" according to commission fee schedules established by us which as of today's date are as set forth below. "Qualifying Revenues" are base price revenues derived by us from our sale on our site of print-on-demand products such as apparel, prints or accessories. "Net Qualifying Revenues" do not include royalties, shipping & handling, gift-wrapping, taxes, and service charges. We pay monthly commissions of fifteen percent (15%) to Affiliates. Net Qualifying Revenues may only be generated in the Marketplace portion of the Website and no such revenues may be earned from the Shops portion of our site. Designers on the Website are not eligible for Affiliate commissions under this Affiliate Program. If we determine, in our sole discretion, that you are in violation of any rule of this Affiliate Program or of abusing the system in the manner as determined in our sole discretion, we may (without limiting any other rights or remedies available to us) withdraw your participation and withhold any commission fees payable to you for Affiliate Websites you recruit.
5.3 Commission Fee Payment. We will pay you commission fees on a monthly basis. Within sixty (60) days following the end of each calendar month, we will send you a check for the applicable commission fees earned on Net Qualifying Revenue generated during the applicable month, less any taxes on that Net Qualifying Revenue that we are required by law to withhold. However, if the commission fees payable to you for any month are less than $50, we will hold those commission fees until the total amount due is at least $50 or until this Agreement is terminated. If a Product that generated a commission fee is returned by the Customer, we will deduct the corresponding commission fee from your next monthly payment. If there is no subsequent payment, we will send you a bill for the commission fee.
5.4 Processing Fees. If CafePress owes you accrued compensation that is less than $25 for at least 365 days, then we may send you payment of such accrued compensation minus a $10 processing fee. If the amount of accrued compensation is under $10 for at least 365 days, such amount will be used to cover our administrative costs and no payment will be made to you.
5.5 Charitable Contribution. Unless we otherwise agree in writing, we may remit any payment otherwise due to you as a contribution in your name to a 501(c)(3) charitable nonprofit organization of our choice (or any charity agreed upon in writing by you and CafePress) if: you fail to provide us with accurate and complete contact information; and (ii) the funds remain outstanding for more than twelve (12) months. If we make such a contribution, our obligation to you shall be reduced by the amount of that contribution.
5.6 Termination Fees. If your or we terminate your Affiliate Account, and you have less than $25 in accrued but unpaid compensation then outstanding, CafePress may charge you a $10 processing fee when sending you your final payment to cover its administrative costs.
6. Identifying Yourself As An Affiliate.
6.1 All other Communications. You may not make any press release with respect to this Agreement or your participation in the Program without our prior written consent, which may be given or withheld in our sole discretion. You may not misrepresent the nature of your or any other participant's participation in the Program, and doing so may result in suspension or termination from the Program.
6.2 Other Website Promotion. If you engage in any of the prohibited activities noted below, you will be subject to immediate termination from the Program. a) Anti-Spamming Policy. You may not use "spam," "blast-faxes" or recorded telephone messages to market or sell Products. You may not spam or attempt to deliberately subvert the results of the CafePress directory or search engine with false, misleading, or unnecessarily repetitive information. b) Independence from CafePress. In all promotions, you must clearly represent yourself and your Website as entities independent from CafePress, our affiliated companies, the Website, and any of our affiliated companies' Websites, and you may not indicate in any way that we are "partners" or otherwise engaged in any business together other than the Program. In addition, you may not, in any manner, misrepresent or embellish the relationship between us, or express or imply any relationship or affiliation between CafePress and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse or contribute money to any charity or other cause). c) General promotional guidelines and laws. We reserve the right at our sole discretion to modify the foregoing rules at any time. We reserve the right to take action against any person or entity that does not conform to these rules or any laws related to advertising or marketing on the Internet that may now exist or later arise.
7. Limited Licenses.
7.1 CafePress License to You of Logo and Links. We grant you a nonexclusive, revocable right to use the graphic image and text described in Section 3.2(b) and such other images for which we grant express written permission, solely for the purpose of identifying your Affiliate Website as a Program participant and to assist in generating sales of Products. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice. In addition, we grant you a nonexclusive, worldwide right to reproduce and use all graphic images and other materials provided to you, solely for the purpose of creating Special Links connecting your Affiliate Website to the Website and promoting Products for sale. These product images must be served by the Website and cannot be used in any form other than the form provided by us.
7.2 License from You to CafePress of Your Images. As part of the Program, some members may choose to enable Customers to use selected images from the their Affiliate Website, either owned by the member or licensed from a third party, for use with Products to be purchased by a Customer. If you choose to enable your Customers to use selected images from your Affiliate Website, either owned by you or licensed from a third party ("Images") to create and purchase Products, then you agree to abide by the following terms:
a. Prohibited Images. You may not design, manufacture, market or sell a Product that is generally offensive or inappropriate for use with the Program, as determined by CafePress in its sole and absolute discretion. Please refer to our Content Usage Policy for information about how CafePress exercises such discretion. For example, but without limitation, you may not design, manufacture, market or sell a Product that CafePress believes: infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, and rights of privacy and publicity; (ii) is libelous, defamatory or slanderous; (iii) is obscene or pornographic; (iv) is designed to or does harass, threaten, or abuse others; or (v) violates any applicable law, rule, or regulation, including, without limitation, by exploiting images or the likeness of minors. While CafePress has no obligation to monitor the transactions or communications made through its Website, it reserves the right to cancel any such transaction or take any other action to restrict access to or the availability of any material that may be considered to be objectionable, without any liability to you or any third party.
b. Limited License to Your Images. In making available any Images for upload to and use on the Website in connection with the Program, you grant to CafePress a royalty-free, worldwide, transferable, nonexclusive, right and license in such Images, in all media existing now or created in the future, to do what it deems reasonable: to permit you to use the Designer Service to design, manufacture, market and sell Products and (ii) to promote, market and advertise your Products, your Shop, or the CafePress Service generally. Without limitation, this promotion, marketing, or advertising may consist of: display of your Products, (ii) promotional "streams" of audio Images on the Website, and (iii) display of pages from book Products on the Website. CafePress. may sublicense the rights that you grant it in this Section to a third party subcontractor only for purposes of manufacturing Products sold through your Shop. This Section only gives CafePress the right to use your Images for the purposes stated above, and does not give CafePress ownership of any of your Images. Within thirty (30) days following termination of your Affiliate Account, CafePress will terminate its use of your Images.
c. Ownership of And Use Rights to Your Images. You must have all necessary approvals and consents necessary for the use of the Images, and you must deliver copies of those approvals and consents to CafePress if CafePress requests them. In all events, you, and not CafePress, will be responsible for the payment of all royalties or similar payments that are or may become due to any third party, such as all payments under licenses for third-party material in the Images, in connection with the use of Images under this Program.
Fraud; No Special Incentives. You may not participate in any scheme that would be deemed fraud, credit card fraud or an attempt to purchase Products from the Website with an intent to defraud, nor may you assist any third parties in doing so, whether successful in such efforts or not. You may not, directly or indirectly, offer any person or entity any consideration or incentive (including, without limitation, monetary payments or discounts) for using Special Links on your Affiliate Website to access the Website (e.g., by implementing any "rewards" program for persons or entities who use Special Links on your Affiliate Website to access the Website) for any reason, either to purchase Products, to become an Affiliate, or otherwise. If we determine, in our sole discretion, that you have offered any person or entity any such consideration or incentive, we may (without limiting any other rights or remedies available to us) withhold any commission fees otherwise payable to you under this Agreement and/or terminate this Agreement.
As you are bound by the Terms of Service in participating in the Program, you agree to indemnify, defend and hold harmless CafePress for any claim arising out of, relating to, or concerning your alleged breach of this Agreement, the Terms of Service in participating in the Program or any other agreement you may have with us. You also agree that covered claims under this indemnity obligation shall include (a) any claim that our use of any images provided via your Website infringes on any trademark, trade name, service mark, copyright, license, right of publicity, or other proprietary right of any third party, (b) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (c) any claim related to your Affiliate Website, including, without limitation, content therein not attributable to CafePress.
10. Term and Termination.
10.1 Term. The "Term" of this Agreement will begin upon your acceptance of the terms and conditions set forth in this Agreement and your placement of our banner or textual link on your Affiliate Website and will end when terminated by either party.
10.2 Termination. In its sole discretion, with or without notice to you, CafePress may terminate your participation in the Program, and terminate your Affiliate Account.
10.3 Your Termination. You may terminate your Affiliate Account for any reason at any time by emailing email@example.com.
10.4 Effect of Termination. You can only earn referral fees on sales of Qualifying Products occurring during the Term, and commission fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your Affiliate Website, all links to the Website, product images from our database, and all CafePress trademarks, trade dress and logos, and all other materials provided by or on behalf of CafePress to you pursuant hereto or in connection with the Program.
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CafePress Ordering Policy:
Shop from home with the comfort of knowing that your order is backed by a 100% Money Back Guarantee. This 30-Day Guarantee gives you plenty of time to check items for color, high-quality, and size for yourself, family and friends. If for any reason you need to return or exchange an item, just contact our Customer Service department and you're done!
Changing an Order
If you need to cancel your order, contact Customer Service. Please include the order number of the item that you would like to cancel to ensure accuracy.
If you have already completed an order and wish to add an additional item to your order, you will need to cancel your initial order and place a new order. Contact Customer Service for assistance. Please include the order number of the item that you would like to cancel to ensure accuracy.
Please note, if your order has already been processed, you may not be able to cancel or modify it.
Check the status of any of your orders by visiting our Order Status page. This is the easiest and fastest way to get the most current information regarding your order.
When you click on Order Status, you will be prompted to sign in with your email address and password. An order summary page will provide you with detailed information about your current or past orders. If your order has not been processed you may modify or cancel your order from this page.
If your order has been shipped via UPS, you may track it using links provided in your order detail. It may take up to one (1) business day for your information to be posted on the UPS website.
Don't feel comfortable ordering products online? No problem! CafePress.com accepts orders over the phone.
To order by phone, please call us toll-free at
Sales Quality Score for Products
Updated effective as of November 1, 2013
CafePress has introduced variable commission rates on sales of Products in the CafePress Marketplace. The commission rate on a particular sale of a Product shall be determined by a sales quality score (“SQS”) applied to each Product listed in our CafePress Marketplace. The SQS shall be determined by objective criteria related to the performance of your Products and information about you and your contact with and participation in the community of the CafePress Marketplace. A SQS score for each Product shall be provided from zero to 75 to achieve up to a 10% royalty rate.
The SQS for each Product shall be determined each day at 11:59pm PST and such SQS shall be applied for all sales in the succeeding 24-hour period. The SQS shall be based on the following calculation:
Application of Royalty Rate to Sales Quality Score
For each sale of a Product on the CafePress Marketplace, the royalty attached to such sale shall be based on the application of the SQS to the Product for the day of the sale. The SQS for each Product shall likewise be listed on the royalty sales report you will receive.
CafePress reserves the right, to modify the (i) criteria comprising each individual quality score component, and (ii) the rates attached to each SQS range, from time to time, but not more than once per thirty (30) day period and not more than four (4) times per twelve calendar months. The determination of the SQS and the royalty ranges on sales applied to each Product shall be determined in CafePress’ sole and absolute discretion.
Bonus Royalty Programs
Certain CafePress Content Owners may be offered the opportunity to participate bonus royalty programs that shall bring royalty rates on certain Products to sliding and variable basis between ten and up to fifteen percent (10-15%) of Net Revenue. Bonus Royalty Programs may include factors such as: participation in specific marketing programs operated by CafePress, the performance and quality of individual Products, interaction with social media applications and specific content creation needs for the CafePress community and other factors as determined by CafePress in its sole discretion. If you are eligible for a Bonus Royalty Program for your individual Products you will be contacted by CafePress and provided detailed terms of any such programs.
New Content Owner Agreement FAQS
How do I know what my royalty rate is?
The royalty rate for each item sold will be listed in your sales reports. Rates are based on the source of the sale and in the CafePress Marketplace on your daily Sales Quality Score.
How often can my royalty rate change?
The Sales Quality Score, which determines the royalty rate, is calculated daily at 11:59 p.m. Pacific Time. Thus, your Sales Quality Score and potentially your royalty rate on sales can change each day.
How do I know what my Sales Quality Score is?
The Sales Quality Score for each item sold is listed in your sales reports. You can check your Sales Quality Score in your commission report.
How often can my Sales Quality Score change?
The Sales Quality Score is calculated daily at 11:59 p.m. Pacific Time. Thus, it can change each day.
Is the Sales Quality Score based on my design, the product it sells on or me as a designer?
The factors that go into the Sales Quality Score are, at present, based on activity and factors stemming from you, the designer/content owner. They include, based on the last three months activity, have you logged in, added a design to the CafePress Marketplace, followed a designer, been followed by another user and completed your profile to at least an 80 percent level.
How do I achieve the 10 percent royalty rate previously offered for all sales in the Marketplace?
By performing all of the following activities: 1) Log in at least once in the last three months; 2) Upload at least one design in the last three months; 3) Gain at least one follower in the last three months; 4) Follow another designer at least once in the last three months; 5) Fill out your profile to at least an 80 percent level. Those activities earn 75 points for a Sales Quality Score and, thus, result in a 10 percent royalty rate.
How can I achieve more than 10 percent royalty?
The Bonus Royalty Program that allows for more than 10 percent royalty is only available to select designers invited by CafePress. You will be contacted should you qualify for these bonus programs.
Does this affect my royalty for my Shop?
No. Performance-based royalties only apply to items sold in the CafePress Marketplace.
What is meant by “third-party sites” when referring to additional commission rates?
CafePress partners with certain third-party websites, services and distribution channels – those other than the CafePress Marketplace – to also offer its catalog of products for sale. These include sites like Amazon.com, Buy.com, EBay.com and special services or channels like Facebook Gifts. CafePress runs other corporate family websites like Tfund.com where products may be distributed as well.
Why are there different royalties for third-party sites?
When CafePress engages with a third-party to open additional sales channels for your designs, we incur additional costs, including building new technology, managing feeds and/or services, paying commissions and marketing fees and reporting to-and-from the third party to ensure items are sold and accounted for properly. These additional costs must be accounted for to allow CafePress to continue to build and offer additional audiences for your products and designs.
Why are CafePress’s own family of companies considered “third-party websites” for the flat commission rate policy?
Similarly with third party marketing costs, the audience visiting a site like CanvasOnDemand.com is not exposed to CafePress Marketplace content unless we build technology and mechanisms to offer CafePress Marketplace content on those sites. This policy accounts for the costs of putting your designs in front of these additional audiences.
Will more third-party sites be added to the list of where our designs can sell?
Yes. We hope to continue to find new and innovative ways to get your designs in front of more potential buyers. As we open those new channels, the flat commission rate will likely apply.