Bark UK

Bark UK

Terms and Conditions

Bark.com Affiliate Program Terms and Conditions 


These Terms and Conditions (the “Agreement”) are entered into between affiliate publishers (“Affiliates”) and Bark.com Global Limited, a company registered in England (registered no. 10614196) whose registered address is at 85 Great Portland Street, London, England, W1W 7LT (“Bark.com” or “Bark”), and govern the promotion and marketing of the Bark.com website (the “Bark Website”) by Affiliates to potential buyers and sellers who may wish to use the Bark Website (the “Affiliate Program”).

 

By participating in the Affiliate Programme you are confirming that you accept these terms and that you agree to comply with them. If you do not agree to these terms and conditions, you must not participate in the Affiliate Programme.

 

If you require advice on a specific problem please contact affiliates@bark.com 


 

 

  1. 1. Tracking
  2. - Affiliates must refer traffic to the Bark Website using a link generated in the AWIN affiliate dashboard  (a “Link”) or by installing the Bark.com customisable widget (the “Widget”) on Affiliate’s website. 
  3. - Bark.com will use that information to store a cookie on the user's computer, which will allow us to track any leads or conversion that the user places and allocate them to the Affiliate. The cookie is valid for 30 days and we will not be able to track or verify leads after that time
  4. - All Links must be marked as rel="nofollow".

 

 

  1. 2. Commission
  • - Subject to paragraphs 2(d) and 2(e) below, Affiliates will be paid a commission (the amount of which will be specified on the AWIN website from time to time) (the “Commission”) for each:
    1. –- Qualified Lead (as defined in paragraph 2(b) below); 
    2. –- account on Bark.com created by a New Seller (as defined in paragraph 2(c) below); and/or
    3. -- each credit purchase made by a New Seller in the 12 month period from and including the date on which the New Seller created their account on Bark.com. 

All Commission will be stated exclusive of VAT / GST. 

  • - A “Qualified Lead” means: 
    1. –- a request for services (including name, email address and phone number) that has been submitted by a potential buyer on the Bark Website via a Link or the Widget (a “Buyer Request”);
    2. -- that has been purchased by a service provider on the Bark Website; 
    3. -- that can be verified by Bark.com (in its sole discretion) as genuine and originating from the Affiliate; and
    4. -- that has been purchased by a service provider on the Bark Website.
  •  
  • - A “New Seller” means a seller that does not have an existing professional account with Bark.com.
    - Bark.com will not be obliged to pay the Commission to the Affiliate for: 
  •  
  • -- Qualified Leads:
  1. --- for which a service provider receives a monetary or credit refund (which may be given at Bark.com’s sole discretion);
  2. --- that have been acquired by service providers with Bark credits purchased with voucher codes (unless otherwise agreed in writing by Bark.com).
  3.  
  4. -- credits purchased by New Sellers:
  5. --- for which no charge has been made by Bark.com;
  6. --- who have previously submitted a request as a buyer on the Bark Website;
  7. --- whose account is linked to payment cards that have an unacceptable (in Bark.com’s absolute discretion) level of chargebacks associated with them;
  8. --- whose account has been suspended, who are suspected of fraudulent or illegal activity and/or who are otherwise in breach of the Bark Website terms and conditions for professionals;
  9. --- if Bark.com, in its absolute discretion, considers their registration on the Website to be detrimental or potentially detrimental to the reputation of Bark.com or the integrity of the Bark Website.
  • - any event under paragraph 2(a):
  1. -- that Bark.com deems to be fraudulent, subject to fraudulent traffic, or for which we see a pattern of potentially fraudulent activity, including, without limitation, where there are multiple affiliate accounts being operated by the same user or company;
  2. -- that has been facilitated where the Link has been altered in any way; 
  3. -- facilitated while the Affiliate has been using false or misleading advertising on its website (in the reasonable opinion of Bark.com); or
  4. --- Where the Affiliate offers an incentive to potential customers to submit a Buyer Request (including, but not limited to, via a loyalty scheme, gift cards or cashback incentives), Commission will only be paid for Qualified Leads that can be verified by Bark.com as having subsequently entered into a contract for services with a service provider.
  5. --- Where Bark.com does not pay Commission for any of the reasons set out in paragraph 2(d), it will give reasons to the Affiliate in writing. Bark.com’s decision is final and may not be appealed. 
  6. --- Bark will provide the Affiliate with a report of the Commission generated after the end of each calendar month. The Affiliate will provide Bark with an invoice for the Commission and Bark will pay such invoice within 30 days of receipt.

 

 

  1. 3. Brand bidding

- The Affiliate may publicise its website via pay per click marketing on any search engine, save that:

  1. -- Brand based terms should be added as negative bids;
  2. -- bidding is not permitted on any brand-based terms including but not limited to "Bark", "Bark.com", "Bark dot com", "Bark Electricians" etc and any version of those (including misspellings and derivatives) that are similar to, or could lead to confusion with, Bark.com’s brand;.
  3. -- Affiliates are not permitted to use the Bark brand name within the display URL, Ad Title or Description.

 

  1. 4. Intellectual Property
  2. - Subject to clause 4(b) and (c), Bark.com grants the Affiliate a non-exclusive, non-transferable, royalty-free, licence for the term of this Agreement to use the Bark.com trademark solely in connection with the Affiliate Program and for the purposes of posting Links on its own website.
  3. - Except as expressly stated herein, this Agreement does not grant the Affiliate any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences owned by Bark.com, including the Website and its content (the “Bark IP”).
    - The Affiliate may not:
    1. -- pass yourself off as operating Bark.com or take any action which is likely to confuse or mislead third parties into believing that you operate Bark.com;
    2. -- use the Bark IP to divert customers to websites not owned by Bark.com or to give priority to websites not owned by Bark.com over the Website;
    3. -- register any URLs that include any of the Bark IP, or any version that could be mistaken for the Website;
    4. -- use "add to favourite" campaigns that would mislead consumers to think that they are bookmarking the Website when in fact they are bookmarking a web site of an Affiliate or other third party. 

 

  1. 5. Affiliate Obligations

While participating in the Affiliate Program, the Affiliate will:

  1. - not hold itself out as a representative for, or agent of, Bark.com Global Limited or any of its Group Companies.
  2. - not publish any content on its website that is offensive, harmful, defamatory, illegal or that expresses negative sentiment towards Bark.com;
  3. - not submit any Buyer Requests in categories that it has marketed via a Link;
  4. - not respond as a service provider to Buyer Requests that have been generated via the Affiliate’s website
  5. - ensure that its website content is accurate and not misleading as to the services it is marketing;
  6. - comply with all applicable laws, regulations and statutes to which it is subject;

 

 

  1. 6. Taxes

The Affiliate is solely responsible for and will bear any and all taxes the Affiliate incurs as a direct or indirect result of entering into this Agreement or any Commission paid to it.

 

  1. 7. Data Protection
  2. - The Bark.com privacy policy sets out the terms of how Bark.com will process any personal data received from the Affiliate. 
  3. - The Affiliate must not send any personal data of potential customers to Bark.com other than via the Link or the Widget. 

 

  1. 8. Liability
  2. - BARK.COM DOES NOT MAKE ANY, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WHETHER ORAL OR WRITTEN, INCLUDING ANY AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ERROR-FREE OPERATION, QUALITY, ACCURACY, SECURITY AND WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE; IN EACH CASE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE AFFILIATE PROGRAM, BARK.COM SITE, LINKS, OR BARK.COM OFFERINGS. THE BARK.COM SITE AND LINKS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. rms and conditions content
  3. - Bark.com’s aggregate liability for any claims made under this Agreement will be limited to an amount equal to the Commission paid to the Affiliate in the 12 months preceding the relevant claim. 

 

  • 9. Governing law
  1. - Any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation shall be governed by and construed in accordance with the law of England.  
     
  2. - The parties irrevocably agree that the Courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.