Affiliate Program Policies

Associates Program Participation Requirements (“Participation Requirements”)

1. Enrollment and Eligibility

To begin the enrollment process, you must submit a complete and accurate Affiliates Program application. Your Site(s) must contain original content and be publicly available via the website address provided in the application. You must identify your Site(s) in your application. We will evaluate your application and notify you of its acceptance or rejection. Your Site will not be eligible for inclusion in the Affiliates Program, and you cannot include any Special Links or Product Advertising Content on it, if your Site is unsuitable. Unsuitable Sites include those that:

(a) promote or contain sexually explicit or obscene materials,

(b) promote violence or contain violent materials,

(c) promote or contain false, deceptive, libelous or defamatory materials,

(d) promote or contain materials or activity that is hateful, harassing, harmful, invasive of another’s privacy, abusive, or discriminatory (including on the basis of race, color, sex, religion, nationality, disability, sexual orientation, or age),

(e) promote or undertake illegal activities,

(f) are directed toward children or knowingly collect, use, or disclose personal information from children under 13 years of age or other applicable age threshold (as defined by applicable laws and regulations); or violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any applicable governmental authority related to child protection (for example, if applicable, the Children’s Online Privacy Protection Act (15 U.S.C. §§ 6501-6506) or any regulations promulgated thereunder or the Children’s Online Protection Act);

(g) include any trademark of Omigod, Dibs! or its affiliates, or a variant or misspelling of a trademark of Omigod, Dibs! or its affiliates in any domain name, subdomain name, in any “tag” or Affiliates ID, or in any username, group name, or other identifier on any social networking site (see a non-exhaustive list of our trademarks listed on our Non-Exhaustive Trademark Table); or

(h) otherwise violate any intellectual property rights.

We will determine suitability at our sole discretion. If we reject your application due to unsuitable content, you may reapply at any time once you have complied with our suitability requirements. However, if at any time we 1) reject your application for any other reason or 2) terminate your account in connection with any violation or abuse (as determined in our sole discretion), you cannot attempt to re-join the Affiliates Program without our advance authorization. Advance authorization may be initiated by contacting Customer Service here.

You will ensure that the information in your Associates Program application and information otherwise associated with your account on the Affiliates Site, including your email address, other contact information, and identification of your Site, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Affiliates Program and the Agreement to the email address then-currently associated with your Program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.

If you are a non-US person participating in the Associates Program, you agree that unless you have otherwise notified us in your tax information you will perform all services under the Agreement outside the United States.

The Affiliates Program is free to join, and we provide resources on the Affiliates Site to help Affiliates succeed with the program. We have never authorized any business to provide paid set-up or consulting services to our affiliates, so please be wary if any business like that (even one attempting to appropriate the Omigod, Dibs! name) reaches out to offer you costly services.

2. Links on Your Site

(a) Special Links

After you have applied to the Affiliates Program, you are permitted to display Special Links on your Site. Special Links enable accurate tracking, reporting, and accrual of fees.

Special Links must use the Affiliates ID we have assigned to you.

(b) General Requirements Applicable to All Special Links

Special Links may be created by you or made available to you by us. If we inform you that your Site does not qualify to use certain types of links, you must cease displaying those types of links on your Site. You are solely responsible for the content, style, and placement of each link that you place on your Site and for ensuring that Special Links (whether created by you or made available to you by us) include the appropriate formatting necessary for us to properly track referrals of our customers from your Site. You must not encourage customers to bookmark your Special Links. All Special Links must be accessed directly from your Site.

Upon your request but subject to our approval, we may issue you additional “sub-tag” Affiliates IDs that permit you to monitor and optimize the performance of your Special Links by including different sub-tags in the URLs of different Special Links. Under no circumstances may you associate any sub-tag with a specific end user of your Site (e.g., you may not dynamically assign sub-tags to users as they arrive on your Site for purposes of monitoring such users’ behavior).

You may add or delete Products (and related Special Links) from your Site at any time without our approval. Special Links must link to Products (as defined in the Products Statement). When linking to pages with Product lists you must have additional original content on your Site that is relevant to the Special Link. Product lists include search results, events (e.g. Black Friday), or a department homepage (e.g. electronics).

You must remove from your Site any links and related references to limited time promotions as soon as that promotion on the relevant Omigod, Dibs! Site ends. For example, if you include links to Products in the women's apparel category of an Omigod, Dibs! Site and mention that there is 15% off select products in Omigod, Dibs’s! women's apparel category, you must remove the mention of the 15% discount from your Site as soon as the promotion ends.

You must not make inaccurate, overbroad, deceptive or otherwise misleading claims about any Product, an Omigod, Dibs! Site, or any of our policies, promotions, or prices. For example, if you include on your Site a link to a 64 GB device sold on an Omigod, Dibs! Site, you may not state that you are linking to a device that has 128 GB of memory.

Product prices and availability may vary from time to time.

If you choose to display prices for any Product on your Site in any “comparison” format (including through the use of any price-comparison tool or engine) together with prices for the same or similar products offered through any web site or other means other than an Omigod, Dibs! Site, you must display both the lowest “new” price and, if we provide it to you, the lowest “used” price at which the Product is available on the Omigod, Dibs! Site.

(c) Requirements Applicable to Specific Link Types We Make Available to You

Certain types of links that we may make available to you dynamically generate particular Products to display based on a contextual analysis of the page on which they appear. Omigod, Dibs! will crawl or otherwise monitor your Site and store gathered content to implement these types of links and to improve dynamic generation and the Affiliates Program. If you implement mechanisms that prevent us from crawling or otherwise monitoring your Site, you agree that these types of links may not function properly, and you will be solely responsible for any such malfunction.

 

3. Responsibility for Your Site

You will be solely responsible for your Site, including its development, operation, and maintenance and all materials that appear on or within it. For example, you will be solely responsible for:

(a) the technical operation of your Site and all related equipment,

(b) displaying Special Links and Program Content on your Site in compliance with the Agreement, all applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any applicable governmental authority, including those related to disclosures (for example, if applicable, the U.S. FTC Guides Concerning the Use of Endorsement and Testimonials in Advertising) and electronic marketing, data protection and privacy (for example, if applicable, the Directive 2002/58/EC (Privacy and Electronic Communications Directive), and the General Data Protection Regulation (GDPR) (EU) 2016/679), and any agreement between you and any other person or entity (including any restrictions or requirements placed on you by any person or entity that hosts your Site),

(c) creating and posting, and ensuring the accuracy, completeness, and appropriateness of, materials posted on your Site (including all Product descriptions and other Product-related materials and any information you include within or affiliate with Special Links),

(d) using the Program Content, your Site, and the materials on or within your Site in a manner that does not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity, or other intellectual property or proprietary rights),

(e) disclosing on your Site accurately and adequately, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including us and other advertisers) may serve content and advertisements, collect information directly from visitors, and place or recognize cookies on visitors’ browsers, and providing information on the visitor’s choices with respect to opting-out from online advertising where required by applicable law, and

(f) any use that you make of the Program Content, and the Omigod, Dibs! Marks, whether or not permitted under the Agreement.

4. Promotional Limitations

You will not engage in any promotional, marketing, or other advertising activities on behalf of us or our affiliates, or in connection with an Omigod, Dibs! Site or the Affiliates Program, that are not expressly permitted under the Agreement. You will not engage in any promotional, marketing, or other advertising activities in any offline manner, including by using any of our or our affiliates’ trademarks or logos (including any Omigod, Dibs! Mark), any Program Content, or any Special Link in connection with email, offline promotion or in any offline manner (e.g., in any printed material, ebook, mailing, or attachment to email, or other document, or any oral solicitation).

5. Distribution of Special Links Through Software and Devices

Except as agreed between you and us in a separate written agreement referencing this Section 5, you will not use any Program Content or Special Link, or otherwise link to an Omigod, Dibs! Site, on or in connection with: (a) any client-side software application (e.g., a browser plug-in, helper object, toolbar, extension, component, or any other application executable or installable by an end user) on any device, including computers, mobile phones, tablets, or other handheld devices (other than Approved Mobile Applications); or (b) 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).

6. Content on your Site

You will be solely responsible for the content on your Site and ensure:

(a) You will not add to, delete from, or otherwise alter any Program Content in any way, including by adding additional information, except that you may resize Program Content consisting of a graphic image in a manner that maintains the original proportions of the image or truncate Program Content consisting of text in a manner that does not materially alter the meaning of the text or cause the text to become factually incorrect, or misleading. Some types of links that we may make available to you may contain a link to an informational page on an Omigod, Dibs! Site that is not formatted as a Special Link (for example, links to privacy policy information at the bottom of banners); without limiting the generality of the foregoing, you will not remove, obscure, or alter, or make invisible, illegible, or indecipherable to visitors of your Site, any “Privacy Information” link.

(b) You will not sell, resell, redistribute, sublicense, or transfer any Program Content or any application that uses, incorporates, or displays any Program Content, or Data Feeds. For example, you will not use, or enable, or facilitate the use of Program Content on or within any application, platform, site, or service (including social networking sites) that requires you to sublicense or otherwise give any rights in or to any Program Content to any other person or entity, nor will you create links formatted with your Affiliates tag for, or display such links on, a site that is not your Site.

(c) You will promptly remove from your Site and delete or otherwise destroy any Program Content that is no longer displayed on an Omigod, Dibs! Site or that we notify you is no longer available for your use.

(d) You will not use any Program Content, including any name or likeness embodied in that Program Content, in a manner that implies a person’s or company’s endorsement or sponsorship of, or commercial tie-in or other association with, any product, service, party, or cause (including by placing unrelated third party materials in close proximity to Program Content).

(e) You will not (and you will not seek to) purchase, register or otherwise use any Omigod, Dibs! Mark (as defined in the Trademark Guidelines) or variations or misspellings of any of those words (e.g., “omg dibs,” “omigod dubs,” and “oh my god dibs,”) for use in any Search Engine. In addition to any other rights or remedies available to us, upon our request you will cause any Search Engine designated by us to exclude Proprietary Terms (defined below) from keywords used to display your advertising content in association with search results (e.g., request exclusion by negative keyword bidding), assuming the Search Engine offers such exclusion capabilities.

(f) You will not bid on or purchase keywords, search terms, or other identifiers, including the words “Omigod, Dibs!,” or any other trademark of Omigod, Dibs! or its affiliates or variations or misspellings of any of these words (“Proprietary Terms” and you can see a non-exhaustive list of our trademarks in the Non-Exhaustive Trademarks Table) or otherwise participate in keyword auctions on any Search Engine if the resulting paid search advertisement is a Prohibited Paid Search Placement. You may purchase paid search advertisements and submit links to Search Engines to appear in response to a general Internet search query or keyword (i.e., in natural, free, organic, or unpaid search results), so long as you comply with the Agreement and those paid or unpaid search results send users to your site and not directly, or indirectly via a Redirecting Link to an Omigod, Dibs! Site.

(g) You will not offer any person or entity any consideration, reward, or incentive (including any money, rebate, discount, points, donation to charity or other organization, or other benefit) for using Special Links. For example, you cannot implement any “rewards” or loyalty program that incentivizes persons or entities to visit an Omigod, Dibs! Site via your Special Links.

(h) You will not intercept, record, redirect, read, interpret, or fill in the contents of any electronic form or other material submitted to us by any person or entity.

(i) You will not request, collect, obtain, store, cache, or otherwise use any account information used by our customers in connection with any Omigod, Dibs! Site (including any usernames or passwords of Omigod, Dibs! Site customers).

(j) You will not modify, redirect, suppress, or substitute the operation of any button, link, or other feature of an Omigod, Dibs! Site.

(k) You will not make any orders or engage in other transactions of any kind on an Omigod, Dibs! Site on behalf of any other person or entity, or authorize, assist, or encourage any other person or entity to do so.

(l) You will not take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (for example, search, browse, or order) are occurring.

(m) You will not include on your Site, display, or otherwise use Special Links or Program Content in connection with, any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device.

(n) You will not frame an Omigod, Dibs! Site, or any part of it, within your Site, including by display within an integrated web browser (e.g., WebView) within a Mobile Application. However, displaying a Special Link on your Site in accordance with Section 2 of these Participation Requirements, will not be a violation of this section.

(o) You will not post or serve any Special Links or other content promoting an Omigod, Dibs! Site within any pop-up or pop-under windows, transitional page ads, or layer ads, except for pop-up windows in conjunction with your Site promoting Products closely associated with the materials on your Site.

(p) You will not include any Special Links in any content that you place on an Omigod, Dibs! Site (for example, in connection with any advertising service available through an Omigod, Dibs! Site or in a customer review, forum, Wish List, guide, or any other customer-generated context available on an Omigod, Dibs! Site).

(q) You will not attempt to artificially increase your fees. For example, you cannot cause any page of an Omigod, Dibs! Site to open in a customer’s browser other than as a result of the customer clicking on a Special Link on your Site.

(r) You will not attempt to intercept or redirect (including via software installed on users’ computers) traffic from or on, or divert fees from, any site that participates in the Affiliates Program.

(s) You will not artificially generate clicks or impressions on your Site or create Sessions on an Omigod, Dibs! Site, whether by way of a robot or software program or otherwise.

(t) You will not display or otherwise use any of our customer reviews or star ratings, in part or in whole, on your Site unless you have obtained a link to that customer review or star rating and you comply with our requirements.

(u) You will not directly or indirectly purchase any Product(s) or take an action through Special Links, whether for your use or for the use of any other person or entity, and you will not permit, request or encourage any of your friends, relatives, employees, contractors, or business relations to directly or indirectly purchase any Product(s) or take an action through Special Links, whether for their use, your use or the use of any other person or entity. Further, you will not purchase any Product(s) through Special Links or take an action for resale or commercial use (of any kind) or offer any Products on your Site for resale or commercial use of any kind.

(v) You will not cloak, hide, spoof, or otherwise obscure the URL of your Site containing Special Links (including by use of Redirecting Links) or the user agent of the application in which Program Content is displayed or used such that we cannot reasonably determine the site or application from which a customer clicks through such Special Link to an Omigod, Dibs! Site.

(w) You will not use a link shortening service, button, hyperlink or other ad placement in a manner that makes it unclear that you are linking to an Omigod, Dibs! Site.

(x) Upon our request, you will provide us with written certification that you have complied with the Agreement (generally or specifically with respect to any provision of the Agreement, including the Program Policies). Any failure to provide the certification in accordance with our request will constitute a material breach of the Agreement.

(y) Unless otherwise agreed by Omigod, Dibs!, your Site must not have price tracking and/or price alerting functionality.

(z) You will not display on your Site, or otherwise use, any Program Content to advertise or promote any products that are offered on any site that is not an Omigod, Dibs! Site (e.g., products offered by other retailers). You will not display on your Site or otherwise use any data, images, text, or other information or content you may obtain from us that relates to Excluded Products.

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Affiliates Program Products Statement (“Products Statement”)

1. Products

Under the Affiliates Program, subject to the additions and exclusions described in this Products Statement, a “Product” is any physical or digital item sold on an Omigod, Dibs! Site.

2. Services

No services are currently included in Products at this time.

3. Excluded Products

Notwithstanding the above, the following items and services are currently excluded from the Products included in the Affiliates Program (“Excluded Products”):

(a) any product or service sold on a site linked to from an Omigod, Dibs! Site (for example, a product or service listed through our “Product Ads” program or sold on a site linked to from a banner ad, sponsored link, or other link displayed on an Omigod, Dibs! Site),

(b) any alcoholic beverage advertised on your Site if you are a United States business holding a license to manufacture, wholesale, or distribute any alcoholic beverages, or if your Site is operating on behalf of, such a business,

(c) any product or service which has been excluded by a third party seller or vendor. You will receive an alert if a product or service is excluded when attempting to link using the tools we make available in Affiliates Page.

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Affiliates Program Mobile Application Policy (“Mobile Application Policy”)

If your Site includes a software application designed and intended for use on mobile phones, tablets, or other handheld devices (a “Mobile Application”), your Mobile Application:

(a) must be available in either the Google Play, Apple, or Amazon app stores,

(b) must be free to download and all Omigod, Dibs! links must be accessible without paying for access,

(c) must have original content,

(d) must not emulate Omigod, Dibs’s! own shopping app functionality, and

(e) must not host or render Omigod, Dibs! web pages in WebViews.

We will evaluate your application and notify you of its acceptance or rejection. A Mobile Application that is accepted will be an “Approved Mobile Application” for purposes of the Agreement.

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Affiliates Program Trademark Guidelines (“Trademark Guidelines”)

These Guidelines apply to the use of the marks we may make available to you as part of Program Content (“Omigod, Dibs! Marks”). Strict compliance with these Guidelines is required at all times, and any use of the Omigod, Dibs! Marks in violation of these Guidelines will automatically terminate any license related to your use of the Omigod, Dibs! Marks.

1. YOU ARE ALLOWED TO USE THE OMIGOD, DIBS! MARKS ONLY BY DISPLAY ON YOUR SITE WITH THE PURPOSE OF ADVERTISING AVAILABILITY OF PRODUCTS ON AN OMIGOD, DIBS! SITE, WITH A CORRESPONDING SPECIAL LINK TO THAT SITE.

2. Your use of the Omigod, Dibs! Marks must (i) comply with the most up-to-date version of these Guidelines; and (ii) comply with all Program Documents.

3. You may use the Omigod, Dibs! Marks solely for the purpose specifically authorized under the Program Documents. You may not use or display the Marks (i) in any manner that implies sponsorship or endorsement by us; (ii) to disparage us, our products or services; (iii) in a way that may, at our discretion, diminish or otherwise damage our goodwill in the Omigod, Dibs! Marks; or (iv) in offline material or email (e.g., in any printed material, mailing, SMS, MMS, attachment to email, or other document, or any oral solicitation).

4. We will supply an image or images of the Omigod, Dibs! Marks for you to use. You may not alter any Omigod, Dibs! Mark in any manner. For example, you cannot change the proportion, color, or font of any Omigod, Dibs! Mark, or add or remove any elements from any Omigod, Dibs! Mark.

5. Each Omigod, Dibs! Mark must appear by itself, in its entirety, with reasonable spacing between each side of the Omigod, Dibs! Mark and other visual, graphic, or textual elements. Under no circumstance can any Omigod, Dibs! Mark be placed on any background that interferes with the readability or display of that Omigod, Dibs! Mark.

6. All rights to the Omigod, Dibs! Marks are our exclusive property, and all goodwill generated through your use of any Omigod, Dibs! Mark will inure to our exclusive benefit. You will not take any action that conflicts with our rights in, or ownership of, any Omigod, Dibs! Mark.

7. You cannot display or otherwise use any trademark or logo of any third party seller or vendor on an Omigod, Dibs! Site in connection with any Special Link unless you have obtained from that seller or vendor specific written authorization to do so.

8. You cannot use or apply to register any trademark that is confusingly similar to any Omigod, Dibs! mark in any jurisdiction. You cannot use or apply to register any trademark, domain name, subdomain, username or app name that is confusingly similar to any Omigod, Dibs! mark in any jurisdiction.

We reserve the right to modify these Trademark Guidelines and the approved Omigod, Dibs! Marks, at any time and in our sole discretion, by posting a change notice or revised Trademark Guidelines or approved Omigod, Dibs! Marks on the Affiliates Site.

We reserve the right to take appropriate action against any use without permission or any use that does not conform to these Guidelines, at any time and in our sole discretion.

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Affiliates Program IP License (“License”)

This License governs your use of Program Content in connection with your participation in the Affiliates Program. By accepting the Agreement, or by accessing or using the Program Content, including the proprietary application programming interfaces and other tools that permit you to access and use certain types of data, images, text, and other information and content relating to Products (“Product Advertising Content”) which we may make available to you, you agree to be bound by this License.

1. Limited License to Program Content

Subject to the terms of the Agreement and solely for the limited purposes of participation in the Associates Program in strict compliance with the Agreement (including this License and the other Program Policies), we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to: (a) copy and display Program Content solely on your Site; (b) use only those of the Omigod, Dibs! Marks (as defined in the Trademark Guidelines) we make available to you as part of the Program Content, solely on your Site and in accordance with the Trademark Guidelines, and (c) access and use Data Feeds, and Product Advertising Content solely in accordance with the Specifications and this License.

You will use Program Content solely in accordance with the terms of the Agreement and within the express scope of the license granted herein. Without limiting the foregoing, you will (a) use Program Content solely to send end users and sales to an Omigod, Dibs! Site and will not link any Program Content to, or in conjunction with any Program Content, direct traffic to any page of a site other than an Omigod, Dibs! Site (however, parts of your Site that are not closely associated with the Program Content may contain links to sites other than an Omigod, Dibs! Site) and (b) link each use of the Program Content solely to the related Product detail page or other relevant page of an Omigod, Dibs! Site and not to any other page.

Data Feeds may allow you to access data, images, text, and other information and content relating to products offered on one or more affiliate sites. If you use Data Feeds to access or use any such data, images, text, or other information or content, you agree to comply with and be bound by the terms of the applicable license agreement for Data Feeds (or equivalent service) providing Product Advertising Content from such affiliate sites.

The License will immediately and automatically terminate if at any time you do not timely comply with any obligation under the Program Documents (as defined in the Fee Schedule), or otherwise upon termination of this Agreement. In addition, we may terminate the License in whole or in part upon written notice to you. You will promptly stop using the Program Content (including Data Feeds) and promptly remove from your Site and delete or otherwise destroy all of the Program Content and Omigod, Dibs! Marks with respect to which the License is terminated or as we may otherwise request from time to time.

 

2. Reservation of Rights; Your Submissions

Other than the limited licenses expressly set forth herein, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to, and you do not, by virtue of this License or otherwise, acquire any ownership interest or rights in or to, the Affiliates Program, Special Links, link formats, Program Content, Data Feeds, Product Advertising Content, any domain name owned or operated by us, information and materials on any Omigod, Dibs! Site or the Affiliates Site, our and our affiliates’ trademarks and logos (including the Omigod, Dibs! Marks), and any other intellectual property and technology that we provide or use in connection with the Affiliates Program (including any application program interfaces, software development kits, libraries, sample code, and related materials).

If you provide us with suggestions, reviews, modifications, data, images, text, or other information relating to any Program Content or in connection with your participation in the Affiliates Program, or if you modify any Program Content in any way (collectively, “Your Submission”), you hereby irrevocably assign to us all right, title, and interest in and to Your Submission and grant us (even if you have designated Your Submission as confidential) a perpetual, paid-up royalty-free, nonexclusive, worldwide, irrevocable, freely transferable right and license for the maximum duration of protection available under applicable law to: (a) use, reproduce, perform, display, and distribute Your Submission in any manner; (b) adapt, modify, re-format, and create derivative works of Your Submission for any purpose; (c) use and publish your name in the form of a credit in conjunction with Your Submission (however, we will not have any obligation to do so); and (d) sublicense the foregoing rights to any other person or entity. Additionally, you hereby warrant that: (y) Your Submission is your original work, or you obtained Your Submission in a lawful manner and (z) our and our sublicensees’ exercise of rights under the license above will not violate any person’s or entity’s rights, including any copyright rights. You agree to provide us such assistance as we may require to document, perfect, or maintain our rights in and to Your Submission.

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