Amazon, Most Web Sites Are Software Programs
Amazon has updated their 'Associates Program' affiliate system terms and conditions, and they helpfully provide a page that compares the new terms with the old. One of the changes mentions that software programs are explicitly forbidden unless they've been approved:
Note that software applications are prohibited from participating in the Program unless expressly approved pursuant to the Associates Program Participation Requirements
I'm pretty sure their intent is to deliberately call out mobile and television programs, as those are called out elsewhere:
- Except as agreed between you and us in a separate written agreement referencing this Participation Requirement, you will not use any Content or Special Link, or otherwise link to the Amazon Site, on or in connection with:
a. any client-side software application (e.g., a browser plug-in, helper object, toolbar, extension, or component or any other application executable or installable by an end user) on any device, including computers, mobile phones, tablets, or other handheld devices;
b. any site intended for use with a mobile phone, tablet, or other handheld device, which prohibition does not apply to any site that is not designed or intended for use with such devices but that may be accessible by such devices (e.g., on a non-mobile-optimized site via an internet browser on a tablet device); or
c. any television set-top box (e.g., digital video recorders, cable or satellite boxes, streaming video players, blu-ray players, or dvd players) or Internet-enabled television (e.g., GoogleTV, Sony Bravia, Panasonic Viera Cast, or Vizio Internet Apps).
These restrictions against mobile-targeting apps/sites and set-top box applications were already there, and although I think they're surprisingly limiting, they are at least well-established.
It does raise a few points, though.
No Client-Side Apps
The language about client-side applications seems to be new and clearly intends to target, among other things, browser extensions. It seems like Amazon is deliberately targeting a class of desktop apps and browser extensions that they would like to eliminate.
It's hard to say which applications and extensions already available this might target, since many of these are presumably using public Amazon APIs, rather than linking to Amazon's site.
Most Websites are Software Programs
Although there are specific classes of software programs that are called out, it seems like the language in this phrase potentially rules out lots of other classes of software:
software applications are prohibited from participating in the Program unless expressly approved
Does this include websites with dynamic elements? Many websites could easily be classed as software programs, whether this is client-side Javascript or server-side rendering of HTML, CSS, image files, or data-retrieving APIs.
It seems like the language here needs to be refined in order to better define what a software application is within this context, and which software applications are ok, which need some kind of 'express approval', and which are totally forbidden.
One arm of Amazon makes web services that power a great deal of the cloud computing services, and yet, another arm seems blissfully unaware of the fact that websites are software, or deliberately ignoring that fact in favor of bold legal language.
Why?
Although I can certainly see that Amazon might want to target certain kinds of applications -- they might not be ok with you making something that could easily be confused with an official Amazon application for accessing their store(s), for instance -- I'm not really sure why they're reaching so broadly.
It seems like having an ecosystem of software applications that link to items you sell would generally be good for Amazon with some exceptions, and that they should target those exceptions, not the whole class of applications.
What benefit do they hope to achieve, or what loss do they hope to avert by blocking such a wide range of software applications?