By submitting an application form for registration as an affiliate under the Program, you agree to be bound by these Terms, by the terms of the Program and by any other terms and/or policy referred to herein (all of which are incorporated by reference to these Terms) as may be published from time to time by the Company in its website; the Terms, the Programs and such policies constitute together the binding agreement between you and the Company and are collectively referred to as the “Agreement”.
These Terms do not alter the general terms and conditions of the Company, and by participating you re-affirm PetPace Ltd.’s Terms of Use found at Terms of Use.
2. Registration and Acceptance
We reserve the right to accept or reject your application for registration to the Program at our discretion.
3. Coupon Code Usage
As an Affiliate, you will receive a unique coupon code and/or unique link to share with your audience. Youmust use this code responsibly and in a manner that does not violate any applicable laws or regulations. You are prohibited from using your code for personal purchases.
4. Commissions
You shall receive a commission for transaction of each validated purchase by users who purchase the Product through your unique coupon code and/or unique link. The commission shall be in the amount and according to the terms of payment set forth in the Program. This provision includes, inter alia, the following provisions:
5. Promotional Guidelines
You must promote our Products in a professional and ethical manner. Any promotional content you create for our Products including but not limited to blog posts, social media posts, and email marketing (the “Content”), must accurately present our Products and not mislead your audience. You will promote the Company and its Products in a positive and accurate manner.
In the Content, you must disclose your relationship with the Company, and disclose the fact that you may be compensated by the Company for as required by the applicable law, including without limitation, the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “FTC Guides”), including without limitation the guidelines in Exhibit A of these Terms.
Your Content, or any publication shall not be defamatory, lewd, sexually explicit, or otherwise harmful or objectionable.
6. Representations and Warranties:
You represent and warrant that:
7. Prohibited Activities
You agree not to engage in fraud, abuse, or illegal or unfair activity in your use of the Program. Any fraud, abuse, or illegal or unfair activity relating to distribution of Links or other non-compliance with these Agreement, all as determined in our discretion, may result in the annulment of all rewards earned under the Agreement, and we may terminate your ability to participate in the Program, or in any further activity with the Company.
We reserve the right to monitor all Program activity and terminate your participation in the Program if we believe (in our sole discretion) that you engage in
We reserve the right to monitor all Program activity and terminate your participation in the Program if we believe (in our sole discretion) that you otherwise abused the Program or that your participation is unauthorized, fraudulent, or otherwise unlawful or in violation of these Agreement or the terms and conditions of any other agreement you may have with Company.
Company will have the final decision in any disputes over compensation, and your participation in the Program.
8. Privacy
By participating in our affiliate program, you agree to our Privacy Policy, which governs the collection and use of your personal information.
9. Ownership
The Company will own and retain all rights, including intellectual property rights in and to, the Products.
You hereby grant the Company the right and license to use, publish, broadcast, reproduce, transmit, exhibit, display, perform, disseminate, and distribute, both during and after the duration of your participant in the Program, your name, social media handles, in connection with advertising and/or promotion of the Products or other use of the Content. No right or title to any of the Company’s intellectual property is granted or licensed to you under this Agreement.
10. Termination
We reserve the right to terminate the Agreement, and your Affiliate account at any time for violations of the Agreement or for any other reason at our discretion.
Without limiting the foregoing, and our right to terminate this Agreement, your Affiliate account may be suspended if you engage in any Prohibited Activity.
11. Liability
Company does not make any expressed or implied warranties with respect to the Program and/or the memberships or Products. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE OR KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS, IN CONNECTION WITH OR ARISING OUT OF THE PARTICIPATION IN THE PROGRAM OR THE USE OF THE PRODUCT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE COMMISSION PAYABLE TO YOU BY COMPANY PURSUANT TO SECTION Error! Reference source not found. ABOVE.
12. Indemnification
You shall indemnify and hold harmless Company and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses arising out of or related to any and all claims sustained in connection with this Agreement resulting from your acts or omissions, including without limitation from any Prohibited Activity or any breach of your representations or warranties.
13. Modification of Terms
We may update or modify these terms at any time. It is your responsibility to regularly review these terms to stay informed about any changes. We reserve the right in our discretion at any time and without prior notice to you to add to, remove, or otherwise change these Agreement, including by changing the Commissions, modifying the duration and expiration of Commissions, changing the maximum amount that you may earn, and discontinuing the Agreement entirely. We will post an updated version of these terms on the Company’s website and the “Last Updated” date below indicates when these Agreement were last changed. If we make future changes, we may, without been obligated to, provide you with notice of such changes, such as by sending an email, providing a notice through our website, or updating the date at the bottom of these Agreement. Unless we say otherwise in our notice, the amended Agreement and/or any of it terms will be effective immediately, and your continued being part of the Program after such change will confirm your acceptance of the changes.
If you do not agree to the amended Agreement, you must immediately stop participating in the Program, or you will be deemed to have accepted such changes by continuing to use the website or by taking part of the Program after the date such changes are posted.
EXHIBIT A – PARTICPATING GUIDELINES
1. Disclose Your Connection to the Company
Whether you were engaged by the Company for services or have simply been given an incentive to review the Company’s products, you must make your connection to the Company clear to readers. Your obliged to review the FTC Disclosure Acknowledgement.
2. Give Your Honest and Truthful Opinions
Your statements should always reflect your honest and truthful opinions and actual experiences. If a statement is not your opinion, but rather something that the Company has asked you to say, this fact should be made clear to readers/viewers.
Only Make Factual Statements That Are Truthful and Can Be Verified
Only make a factual statement about a product/service’s characteristic or quality which you know for certain is true and can be verified. Remember that even if you don’t expressly state a fact, it may be implied, and these Guidelines apply to both express and implied messages. Be especially careful about making any factual statement about the Company’s competitors or their products/services, as the Company does not support any false or misleading statement or comparison.
3. Do Not Disclose Any Confidential Information
If you are in a position whereby you have received information about the Company or its products or services, which is not known by the general public, do not include such information in your content. To the extent you have any question whether information is confidential in nature, either contact the Company directly before disclosing such information or otherwise err on the side of caution.
4. Respect Intellectual Property Rights
Intellectual Property is the group of legal rights to things people create or invent. Intellectual property rights typically include copyright, trademark, and trade secret rights, as well as the right to use someone’s name, likeness, or voice. Examples are photographs, video, music, trademarks/logos, personal names/likenesses, writings, etc.
Only use Company intellectual property with express permission, and do not alter or modify any Company intellectual property. Only use third-party owned intellectual property with express permission or when such use is otherwise permitted under the law (such as a “fair use”). Note: a determination that a use is a “fair use” is a legal judgment and should likely only be made after consultation with the Company’s legal department, or your own legal counsel, as appropriate.
5. Do Not Send E-mail Messages on the Company’s Behalf Unless Expressly Requested
Unless expressly requested, the Company does not want you to send any emails on its behalf, nor will it provide you any compensation if you do.
6. You Are Personally Responsible For Your Actions
You should know that you are personally liable under federal and state law for your actions with respect to your services, which makes following these Guidelines, as well as all other applicable laws, regulations, and other legal authority, particularly important, including but not limited to the FTC’s Guides Concerning the Use of Testimonials and Endorsements in Advertising. Furthermore, you should know that the Company will hold you directly responsible for any claims which arise from your violation of the law, or the Company’s rights.
7. We Reserve The Right To Ask You To Remove Content
By providing services at the request of the Company, or by accepting any incentive from them, you agree that you will immediately remove, take down, or delete any published content relating to the Company, its products or its services, those of its competitors, or those associated with the Company, from any site or platform that the Company notifies you that it finds objectionable. Even if we do not notify you, we expect that you will promptly remove any content for which you receive a legitimate complaint or which you later become aware may be in violation of the law or otherwise violate third-party rights.