CHECKOUT PROGRAM TERMS
These Checkout Program Terms (“Checkout Program Terms” or “Terms”) are entered into by Google LLC (“Google”) and you (“Merchant”, “You” or “Your”). By participating in the Checkout Program, You agree to be bound by these Terms.
1. Definitions.
1.1 “Checkout Program” means the program that allows end users to purchase Your Merchandise from You by displaying Your Merchant Site on YouTube via an in-app browser. Learn More.
1.2 “Merchant Site” means Your owned, controlled, or operated website or mobile app connected to Your account within the Google & YouTube App, all mirror and/or derivative sites and all replacement, successor and/or international versions of the foregoing.
1.3 “Shopping Terms” means the YouTube Merchant Affiliate Terms and Conditions and/or the YouTube Merchant Terms, as applicable.
1.4 “YouTube Merchant Affiliate Terms and Conditions” means the terms governing participation in the YouTube Shopping affiliate program which allows participants to promote third-party products on YouTube as described here: https://support.google.com/youtube/answer/13376398?sjid=16613006019631916313-NC (including any successor URLs).
1.5 “YouTube Merchant Terms” means the terms governing participation in the YouTube Shopping program which allows participants to promote their own products on YouTube as described here: https://support.google.com/youtube/answer/12257682 (including any successor URLs).
2. Applicable Terms. Your participation in the Checkout Program is subject to these Checkout Program Terms. You will also comply with the Google Merchant Center Terms and the Shopping Terms, including all policies, guidelines and supplemental terms referenced therein (collectively, “Additional Terms”). Capitalized terms not defined herein will have the meanings given to them in the Shopping Terms.
3. How to Opt Out. Please read these Terms carefully and make sure You understand them. If You do not understand these Terms, or do not accept any part of it, then You must discontinue Your participation. Learn More. For clarity, (a) these Terms apply when you participate in the Checkout Program, even if you previously opted out, and (b) in the event You discontinue Your participation in the Checkout Program, the Additional Terms will continue to apply unless terminated in accordance with the terms set forth therein.
4. Data Sharing Consent. You acknowledge and agree that data and information relating to You, Your Merchant Site or Merchandise (e.g., transaction data) may be shared between Google and Shopify for product improvements and to provide relevant analytics. For example, Google may share order data provided by Shopify to provide YouTube end users their respective orders history. Google’s use of such data is governed by the Google privacy policy, available at policies.google.com/privacy. For clarity, Shopify may receive data relating to traffic derived from the Checkout Program for their analytics and reporting. Shopify’s use of such data is governed by their privacy policy, available at https://www.shopify.com/legal/privacy. Make sure that You read and understand these policies.
5. Application of Shopping Terms. For clarity, all of Your obligations and Google’s rights set forth in the Shopping Terms extend to the Checkout Program, including without limitation, representations and warranties, indemnity obligations, licenses, disclaimers, and limitations of liability.
6. Feedback. You may, but are not required to, provide Google with Feedback (as defined in this paragraph). Such Feedback will be considered confidential information of Google. Google, and anyone it authorizes, may (and is hereby granted a perpetual and irrevocable right to) use, disclose, reproduce, license, distribute, and otherwise exploit the Feedback worldwide, for any purpose, in any medium now known or later developed. “Feedback” means suggestions, comments, ideas, plans, drawings, know-how, original or creative materials, or other information or materials, in any form, related to Google or its products, services, or technology, including with respect to the subject matter of these Terms.
7. Termination. Google may terminate these Checkout Terms for any reason or no reason by sending written notice (email sufficing) to You at any time. For clarity, if the Checkout Terms are terminated, the Additional Terms will survive and remain in full force and effect unless terminated in accordance with the terms set forth therein.
8. Suspensions. Google may suspend or pause Your participation in the Checkout Program (“Suspension”) if: (a) You breach these Terms, the Additional Terms or applicable law; (b) Google is required to do so to comply with a legal requirement or a court order; (c) You no longer meet the eligibility requirements, as determined by Google, to participate in the Checkout Program; (d) Google reasonably believes there has been conduct that creates liability or harm to any user, third party, Google or its affiliates. Google will provide written notice (email sufficing) to You in the event of a Suspension if required by applicable law.
9. Changes to Terms. Google may make non-material changes to these Checkout Terms at any time without notice. Google will provide prior written notice (email sufficing) of any material changes to these Checkout Terms. Changes to the Checkout Terms will not apply retroactively and will become effective fifteen (15) days after making such updated Checkout Terms available. However, changes made for legal reasons or to protect Google products and services, our users or partners from harm will be effective immediately upon notice. If You do not agree to the modified Checkout Terms, You can opt out of the Checkout Program (as set out above in Section 3 (How to Opt Out).
11. Governing Law. California law will govern all disputes arising out of or relating to these Terms, regardless of any conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Santa Clara County, California, and the parties consent to personal jurisdiction in those courts.
12. Entire Agreement. These Checkout Terms, together with the Additional Terms, state all terms agreed between the parties with respect to the subject matter set forth herein. If any provision of the body of these Checkout Terms conflicts with terms of the Additional Terms, these Checkout Terms will control solely to the extent of the conflict as it pertains to the Checkout Program followed by the YouTube Merchant Affiliate Terms and Conditions, the YouTube Merchant Terms, and the Google Merchant Center Terms.