API Terms of Use

These API Terms of Use (“API Terms of Use”) apply to your use of the various read-only and advanced application programming interfaces (collectively, the “Walmart API”) provided by Wal-Mart.com USA, LLC, on behalf of itself and its affiliates (collectively, “Walmart”). By using the Walmart API, you accept these API Terms of Use and certify that you are above the age of majority in your jurisdiction. We may change the terms of these API Terms of Use from time to time. By continuing to use the Walmart API after we post any such changes, you accept the API Terms of Use, as modified.

Your use of the Walmart API is subject to the Walmart.com Terms of Use as well as the following terms and conditions (in the event of a conflict between the Walmart.com Terms of Use and these API Terms of Use, the API Terms of Use will control):

1. Access.

a) The Walmart API is available to Walmart’s affiliate partners solely for the purpose of advertising Walmart.com products online. It may not be used for any other purposes without express written permission from Walmart. For the avoidance of doubt, the Walmart API may NOT be used by any competitors of Walmart for the purposes of analyzing, receiving or reviewing information regarding Walmart pricing or product availability.

b) Access to the Feed API is restricted and available on a requested basis, only. To gain access to the Feed API for a category or set of categories, please email us at affilops@wal-mart.com and clearly outline the category ids for which you are requesting access.

c) API calls are subject to a daily rate limit of 5000 calls per day. If you need a higher rate limit for valid business purposes, please contact us with a valid justification and we will respond to such inquiry in a commercially reasonable amount of time.

2. Commissions.

a) If you are already an existing Walmart.com Affiliate participating through our third-party provider, Rakutan LinkShare (“LinkShare”), standard commission rates will apply for product sales on the basis of advertisements placed through any read-only API. You can update the LinkShare encrypted identification in all Walmart.com URLs to ensure commissions correctly accrue to your account. If you are NOT an existing Walmart.com affiliate, please first contact us at affilops@wal-mart.com

b) For commission information for advanced API’s, please contact affilops@wal-mart.com.

c) Commission rates are subject to change. Current applicable rates are as follows: 4% commission for all products not covered in specific SKU Lists; 1% commission on Electronics, Video Games, Movies, Music, Books, and Photo goods purchased by visitors you refer to Walmart.com from your site. Sales must happen within 3 days of the referral to earn a commission.

3. Grant of Rights and Restrictions.

a) Software License Grant. Upon provision of access to the Walmart API, Walmart hereby grants you a nonexclusive, nontransferable, fully-paid, revocable, license and right to use, copy and install the software (source code and object code), applications, sample code, simulator, tools, libraries, application programming interfaces, data, files, and related materials provided by Walmart included in the Walmart API, including any fixes, updates, upgrades, modifications, enhancements, supplements, and new releases or versions thereto, at any location on an unlimited number of servers, workstations or machines owned, leased or controlled by you or operated on behalf of you in the territory of the United States and its protectorates.

b) Copies. You are entitled to one (1) copy of the API for archival, backup, mirroring, quality assurance and redundancy purposes, provided such use is in compliance with the terms and conditions of these API Terms of Use.

c) Delivery and Documentation. Walmart will provide Walmart API materials and all technical or other specifications or documentation related to the Walmart API electronically.

d) No Other Proprietary Interest Granted. Except as expressly provided herein, nothing in these API Terms Of Use grants you rights in or to the Walmart API or any patent, trademark, copyright, or any other intellectual property derived from the Walmart API. Except as permitted through the affiliate program, you are not permitted to use any name, logo, trademark or trade name of Walmart in any publicity release, promotional material, advertising, marketing or business generating effort, whether written or oral, without obtaining Walmart’s prior written consent, which may be withheld in Walmart’s sole discretion.

e) Unsuitable Uses. You may not use the API or any other Walmart content on any unsuitable websites; unsuitable websites include, but are not limited to, those that:

• Promote sexually explicit material;

• Promote violence or hate toward any persons or groups;

• Promote illegal activities;

• Promote alcohol, tobacco, gambling/lottery in any way;

• Promote the use of pyramid, "ponzi", or similar investment schemes;

• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

• Contain, in our sole judgment, material that is defamatory, fraudulent, or harassing to us or any third party;

• Are known as "blogging sites", defined for purposes of this Agreement as sites that contain only blogging and no other form of informational content;

• Include "walmart", "wal-mart" or variations or misspellings thereof in their domain names;

• Otherwise violate intellectual property rights of Walmart.com, Wal-Mart Stores or its suppliers;

• Disparage Walmart.com, Wal-Mart Stores, Wal-Mart Stores affiliates, or their suppliers;

• Are under construction or not live at the time of Application;

• Are non-US based or are websites that primarily serve a non-US based audience;

• Do not clearly state an online privacy policy to its visitors; or

• Provide a portion of their referral fees to websites or organizations that would violate any of the above criteria.

In addition, Walmart may, at its discretion, decline to accept, require adherence to an additional set of terms and conditions, or require the posting of specific copy for any website that (1) donates, directs or transfers any portion of their referral fees or affiliate benefits to any charitable website, education-related website, organization or program; or (2) provides rewards back to their members in the form of points or cash-back, or conduct other similar loyalty programs in connection with purchases made by members via their websites.

If your application is not accepted, you may reapply for access to the API at any time; however, you should not and may not link to Walmart.com or use the API unless you are approved.

f) General Prohibitions. As a condition to your use of the API, you agree to the following prohibitions:

You may NOT:

• engineer any website containing any link or API link to a Walmart.com product in such a manner that pulls Internet traffic away from Walmart.com;

• publish, link to, sell, otherwise distribute, or place a link on the same page or in close proximity to any Objectionable Content. For purposes of this Agreement, "Objectionable Content" means any material, including textual, audio or video material, which is offensive (including hate speech or violence against a particular group of people); contains any nudity, explicit violence or sexual material; contains depictions of violent or sexual acts; is defamatory to any group or individual; or promotes alcohol, tobacco, or gambling/lottery;

• publish, link to, sell, otherwise distribute, or place a link on any social networking sites, including, but not limited to, Facebook, MySpace, Twitter, etc.

• attempt to modify or alter Walmart.com in any way;

• make any representations, either express or implied, or create an appearance that a visitor to your website is visiting Walmart.com, e.g., "framing" or "wrapping" Walmart.com in any manner without first obtaining in advance our express written permission. Such requests must be made in writing and sent to Walmart.com, Attn: Affiliate Program Manager, 850 Cherry Avenue, San Bruno, CA 94066"scrape" or "spider" the site, API or any other websites for content (such as images, logos or text);

• participate in Yahoo's Search Submit Pro (SSP) Search Marketing Program;

• place ads on, or participate in any way in, AdNetworks or Search Content Networks;

• employ, use or place any web browser add-ons, toolbars or pop-ups on your website;

• promote, or participate in the promotion of, Walmart.com's Pharmacy(www.walmart.com/pharmacy);

• link any link to any website other than our site, including, for example, your own website;

• bid on our Trademarks as defined in Exhibit A at any website that provides search engine services and that results in driving traffic to any website, other than Walmart.com, including your website;

• engage in any direct or indirect relationships with ISPs and/or mobile carriers that results in the delivery or act of address bar keyword and URL error trafficking (e.g., a user mistypes a web address in the ISP's address bar or search bar, and, as a result, is redirected to a web page that contains a link that directs the user to sites like Walmart.com).

• employ the use of any type of software download or technology which attempts to intercept or redirect traffic or referral fees to or from any website;

• use any Trademark or the API provided to you to advertise or engage in services which result in a sale occurring on your website, whether or not you then have the item fulfilled through Walmart.com;

• without the prior written approval of Walmart.com, use any Trademark, or the API in an advertisement that is not created or provided by Walmart.com in any way that might suggest or imply or mislead or is likely to mislead a visitor to your website into believing that Walmart.com, Wal-Mart Stores Inc. or any related entity was the creator or sponsor of such advertisement;

• re-distribute the API to websites which can reasonably be viewed as Walmart.com’s competitors, including but not limited to, Target, Kmart, Sears, JC Penney, Kohls, Best Buy, Amazon, eBay, Toys R Us, and eToys;

• re-distribute, display or syndicate the API, including any product information set forth therein, to any third party partner, network or agency;

• employ, use, or receive any direct or indirect benefit from, any "cookie stuffing" methods (e.g., use of "cookie stuffing" to cause tracking systems to conclude that a user has clicked through a link - and to pay commissions accordingly - even if the user has not actually clicked through any such link);

• install spyware on another person’s computer; cause spyware to be installed on another person’s computer, or use a context based triggering mechanism to display an advertisement that partially or wholly covers or obscures paid advertising other content on a website in a way that interferes with a person’s ability to view that website;

• display any material on a website containing link which contains viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines;

• without the prior written approval of Walmart.com, use any widgets on your website that: (a) include any Trademarks; (b) include the API; or (c) directly or indirectly send traffic to Walmart.com;

• post, publish, link to or place the API on the Walmart Facebook Page;

• forward, redistribute, or otherwise repurpose the API to any third party;

• release Wal-Mart’s sales circulars, advertisements or other information prior to their authorized release dates; or

• purchase products or services sold or promoted on Walmart.com through the API for resale or commercial use of any kind.

g) Prohibitions Regarding Use of Electronic Communications. Electronic Communication includes email messages, text messages, and any other form of non-verbal communication occurring without the use of physical mail. You may NOT do any of the following using Electronic Communication unless you first obtain in advance Walmart.com's express written permission. Such requests must be made in writing and sent to Walmart.com, Attn: Affiliate Program Manager, 850 Cherry Avenue, San Bruno, CA 94066. These prohibitions are in addition to, and not in place of, all prohibitions and restrictions that you are bound to under any other written agreement you have in place with Walmart. You may not:

• generate or use Electronic Communication using or containing Trademarks (the API), or any variation or misspelling thereof, or products, or the API or URLS provided to you as part of the API;

• send any other Electronic Communication that in any way suggests or implies or misleads or is likely to mislead (including without limitation, via the return address, subject heading, header information or message contents) a recipient into believing that Walmart.com, Wal-Mart Stores or any related entity was the sender or sponsor of such Electronic Communication or procured or induced you to send such Electronic Communication;

• forward, redistribute, or otherwise repurpose any Electronic Communication that Walmart.com sends to its affiliates and/or customers; and

• generate or send any unsolicited Electronic Communication (spam) under this Agreement

h) Prohibits Regarding Use of Trademarks. In addition to the requirements and prohibitions regarding use of the Trademarks set forth in Exhibit A, and incorporated herein by reference, you may NOT:

• use the Trademarks in any manner not expressly authorized by this Agreement.

• use the Trademarks, or any variation or misspelling thereof, in metatags, hidden text or source code, in your domain name or any other part of your URL as further detailed in Exhibit A;

• bid on keywords as further detailed in Exhibit A;

• bid on our Trademarks at any website that provides search engine services and that results in driving traffic to any website, other than our Site, including your website;

• use Walmart.com or Wal-Mart Store's vendors or suppliers' logos, trade names, trademarks, graphic images, product images, product references and similar identifying material unless expressly and specifically provided by Walmart.com for use in the Program, unless used within a keyword string (i.e. Hanes T-Shirts).

In addition, you are bound to act in compliance with all applicable federal, state and local laws and regulations, including without limitation, the CAN-SPAM Act of 2003 ("CAN-SPAM") and the Children’s Online Privacy and Protection Act of 1998 ("COPPA"). You shall protect, defend, indemnify and hold harmless us and our parent and related entities from and against any claims, actions, liabilities, losses, damages, costs or expenses, including without limitation, attorneys' fees and costs of litigation, even if such claims are groundless, fraudulent or false, incurred by us or our parent or related entities arising out of any content or activity by you or on your website or resulting from or in connection with your violation of any of the terms or prohibitions contained in this Agreement or any law, rule or regulation, including without limitation, claims for violations of third party intellectual property rights, and rights of privacy, including but not limited to CAN-SPAM and COPPA.

4. Termination and Suspension.

a) You may terminate your use of the Walmart API at any time. Walmart may immediately terminate or suspend your access to the Walmart API upon notice in the event you violate these API Terms of Use. In addition to the foregoing, Walmart may terminate or modify access to the Walmart API at any time, for any reason or no reason without liability hereunder.

b) Upon Walmart’s reasonable request and/or within ten (10) days following the termination or expiration of your access to the Walmart API, you shall remove from your servers and return to Walmart all copies of the Walmart API and any other materials provided by Walmart to you related to the Walmart API.

5. Indemnification. You agree to defend, indemnify and hold Walmart and its affiliates harmless from any and all claims, damages, liability, attorneys’ fees and expenses on account of (i) your breach of Walmart’s license rights in Section 3, or (ii) any claim that your use of the Walmart API violates any patent, copyright, trademark or other proprietary right of a third party.

6. Disclaimer of Warranty; Limitation of Liability. THE WALMART API IS PROVIDED "AS IS", “WITH ALL FAULTS” AND "WHERE IS" AND WALMART DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WALMART API OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION THE WALMART API'S CONDITION OR QUALITY OR THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. WALMART AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, OR LOSS OF GOODWILL, CUSTOMERS OR PROFITS, ARISING OUT OF OR RELATED TO THESE API TERMS OF USE OR YOUR USE OF THE WALMART API, EVEN IF WALMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WALMART'S LIABILITY FOR ANY AND ALL LOSSES OR DAMAGES ARISING FROM OR RELATED TO THE WALMART API OR THESE API TERMS OF USE EXCEED ONE HUNDRED DOLLARS ($100.00).


Exhibit A - Trademark Requirements

 

These requirements apply to your use of Walmart.com and other trademarks and service marks belonging to Wal-Mart.com USA, LLC, Wal-Mart Stores, Inc. or other related entities (the "Trademarks") in content that has been approved by us.

1. You may use the Trademarks only for purposes expressly authorized by us.

2. You may not modify the Trademarks in any manner. For example, you may not change the proportion, color, or font of the Trademarks.

3. You may not display the Trademarks in any manner that implies endorsement of your website or business by Walmart.com outside of your use of the API as permitted herein.

4. You may not use the Trademarks to disparage Walmart.com, its products or services, or in a manner which, in our reasonable judgment, may diminish or otherwise damage our good will in the Trademarks.

5. Each Trademark must appear by itself, with reasonable spacing (at least the height of the Trademark) between each side of the Trademark and any other graphic or textual image. You may place the Walmart.com name or logo adjacent to competitive brands, subject to the requirements of this Agreement, including prohibitions against objectionable material and websites.

6. You must use the TM symbol next to the trademarks. You must use the SM symbol next to the service marks.

7. You must include the following statement in your materials that include the Trademarks: "WALMART.COM SM is a service mark of Wal-Mart.com USA, LLC and Wal-Mart Stores, Inc." You must include similar statements for any other Trademarks used on an ongoing basis in your materials.

8. You acknowledge that all rights to the Trademarks are our exclusive property and all goodwill generated through your use of the Trademarks will inure to our benefit.

9. YOU MAY NOT USE THE TRADEMARKED NAMES, WAL-MART, WALMART.COM, WAL-MART STORES, OR ANY VARIATIONS OR MISSPELLINGS THEREOF, IN ANY MANNER INCLUDING KEYWORD BIDDING ON SEARCH ENGINES; YOU MAY NOT USE WAL-MART, WALMART.COM, OR ANY VARIATION OR MISSPELLINGS THEREOF, IN METATAGS OR TO DIRECT TRAFFIC TO ANY WEBSITE OTHER THAN OUR SITE; YOU MAY NOT USE WAL-MART, WALMART.COM, OR ANY VARIATIONS OR MISSPELLINGS THEREOF, IN HIDDEN TEXT OR SOURCE CODE ; YOU MAY NOT USE WAL-MART, WALMART.COM, OR ANY VARIATIONS OR MISPELLINGS THEREOF, IN YOUR DOMAIN NAME OR ANY OTHER PART OF YOUR UNIVERSAL RECORD LOCATOR.

10. You may not bid on any keyword or on any Pay per Click Search Engines (PPCSEs) where such keyword is one of our Trademarks or any variation or misspelling of one of our Trademarks (see the non-exclusive list of examples set forth below in Section 15). Further, you may not bid on any word or term that is confusingly similar to any of our Trademarks standing alone. You may not bid on keywords strings that contain the terms "Rollbacks" or "Advertised Values". You may also not use the Trademarks alongside or in conjunction with the following terms: "percent (%) off", "sale", or "coupons".

11. You may not employ any "fat finger" domains or typosquatters redirecting web traffic to your website. A typosquatter for "fat finger" domain is any domain that amounts to misspellings of any registered or unregistered Trademarks.

12. You may not bid on any keyword or on any PPCSEs that is one of our competitors' trademarks (or a derivation of a competitor's trademark), or any other word or term that is likely to cause confusion regarding its affiliation with the competitor. Examples of these keywords include, but are not limited to: "Target", "Kmart", "Sears", "JC Penney", "Toys R Us", "Amazon", and "eToys".

13. You may not bid on restricted manufacturer brand terms, including but not limited to "MagicJack", or any derivatives thereof that are likely to cause confusion regarding its affiliation with Walmart.com, its affiliates or you, in any paid search.

14. Walmart.com may, in its sole discretion, terminate you or withhold payment of your commissions for the days that we determine that you were bidding in violation of the keyword bidding requirements above.

15. The list below sets forth examples of impermissible keywords, "fat-finger" domains, and variations of Trademarks that you may not bid on. The list is for example purposes only and is not a complete list of prohibited words which infringe a Trademark, and therefore violate a term of this Agreement.

walmart

walmart.com

wal-mart

wal mart

www.walmart.com

wallmart

wal-mart.com

wall mart

wallmart.com

www.wallmart.com

wal mart.com

Walmart.com

Walmart.c

www.wal-mart.com

www.walmart

walmart stores

wal-mart store

walmarts

www.wal mart.com

wal mart stores

wall-mart

walmart supercenter

site:www.walmart.com walmart

wal-mart supercenter

super Walmart

walmart stores

super wal mart

walmart.com.

walmart store

walt mart

walmart,com

wall mart.com

walmart online

wal mart.com

www.wal-mart

Walmart.c_om

Walmart.c

site:walmart.com