Affiliate Program Terms of Service
By signing up to be an Affiliate in the Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
We reserve the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
The purpose of the Program is to permit you to advertise Products on your site and to help animal charities from the revenue generated by your end users. In order to facilitate your advertisement of Products, we may make available to you data, images, text, link formats, widgets, links, and other linking tools, and other information in connection with the Program (“Content”).
- Account Terms
- You must be 18 years or older to be part of this Program.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. We will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Links/graphics on your site, in your emails, or other communications
- Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications.
- Referral fees/commissions
- For a product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications and complete an order for a product during that session.
- For each eligible product sale, we will donate 25% of the profit to your chosen animal shelter and the remaining 25% profit shall be donated to an international animal charity at our discretion.
- We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
- Identifying yourself as an Affiliate
- You may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.
- You must, however, clearly state on your site that you are a participant in our Affiliate Program, an affiliate advertising program designed to provide a means for helping animal charities with the profits generated from the sales.
- 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 policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
- Your responsibilities
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
- The technical operation of your site and all related equipment;
- Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site);
- The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links);
- Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libelous or otherwise illegal
- Compliance with Laws
- As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant.
- Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws that govern marketing email.
- Term of the Agreement and Program
- The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party.
- Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all Special Links, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto.
- Relationship of Parties
- You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
- You will have no authority to make or accept any offers or representations on our behalf.
- You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
- Limitations of Liability
- We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable under this Agreement.
- We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage).
- In addition, we make no representation that the operation of the Program will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
- You acknowledge that you have read this agreement and agree to all its terms and conditions.
- You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your web site.
- You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
- This Agreement will be governed by the laws of Australia, without reference to rules governing choice of laws.
- You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
- Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
- The failure of to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and govern your use of the Service, superseding any prior agreements between you and (including, but not limited to, any prior versions of the Terms of Service).