ODIE PET INSURANCE AFFILIATE TERMS AND CONDITIONS
PLEASE READ AND CONSIDER THE ENTIRE AGREEMENT AND ALL TERMS AND CONDITIONS.
PLEASE BE ADVISED THAT THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ODIE PET INSURANCE (“Odie,” “we,” “us,” or “our”).
BY SUBMITTING THE ONLINE APPLICATION THROUGH THE AWIN NETWORK, YOU AGREE TO EACH TERM AND CONDITION BELOW AND REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.
1. Recitals
Whereas, this Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Odie's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your website and GetOdie.com.
Throughout this Agreement, "we," "us," and "our" refer to Odie Pet Insurance, and "you," "your," and "yours" refer to the Affiliate.
2. Affiliate Obligations
2.1. The first step in the process is to submit an Affiliate application at the Awin.com server. Auto-approval does not imply acceptance. Odie reserves the right to re-evaluate or reject any application at its sole discretion.
2.2. Affiliate represents it will not utilize material that is obscene, defamatory, hateful, illegal, discriminatory, or otherwise objectionable, or which infringes any third-party rights.
2.3. Affiliate shall not engage in fraudulent activity or attempt to manipulate the tracking system. Any such misuse will result in immediate termination and forfeiture of commissions.
2.4. Affiliate may not create or design a website that resembles Odie’s website or misleads consumers into believing the Affiliate is Odie.
2.5. Affiliate assumes full responsibility for following all applicable intellectual property and other laws. Odie is not responsible for any unauthorized use of another’s intellectual property by Affiliate.
2.6. Odie reserves the right to review placement and usage of Affiliate links and may require changes at any time.
2.7. Affiliate is responsible for maintaining and updating its own site. Odie may monitor Affiliate’s site to ensure compliance.
2.8. Marketing Materials and Brand Use.
Affiliate shall use only those promotional and marketing materials, creative assets, and content (collectively, “Odie Materials”) that are provided directly by Odie through the AWIN platform or via other official Odie channels. Affiliate is strictly prohibited from creating, modifying, adapting, or otherwise using any marketing materials, advertisements, or representations that have not been expressly provided by Odie. Any unauthorized content use will result in immediate termination and forfeiture of commissions.
3. Odie Obligations and Rights
3.1. This Agreement begins upon Odie’s acceptance of your Affiliate application and continues until terminated.
3.2. Odie may terminate this Agreement for fraud or abuse. Commissions from fraudulent sales will not be paid.
3.3. Odie may monitor Affiliate’s site and recommend changes to ensure compliance and protect program integrity. Failure to implement reasonable recommendations may result in termination.
4. At-Will Termination
This Agreement may be terminated at any time, with or without cause, by providing written notice (mail, email, or fax). This Agreement terminates immediately upon any breach.
5. Modification
Odie may modify these terms at its discretion by updating this posting and notifying Affiliate by email. Continued participation after notice constitutes acceptance of changes. If any modification is unacceptable, Affiliate may terminate the Agreement.
6. Payment
6.1. Odie utilizes Awin.com as a third-party network for processing, tracking, and payments.
6.2. Affiliate will receive a unique affiliate URL for tracking. Credit for sales depends on purchases made through that link. Link cloaking is allowed only if the method is verifiable by Odie.
7. Access to Affiliate Account Interface
Affiliate agrees to create a secure password-protected account on Awin.com. Reports showing commission calculations will be available through Awin’s interface.
8. Promotion Restrictions
8.1. Affiliate must not engage in “spamming” or other deceptive advertising practices. Unsolicited commercial emails (UCE) or misleading advertising is prohibited and may result in termination and forfeiture of commissions.
8.2. Odie does not tolerate unsolicited bulk email (SPAM) promoting Odie or related parties.
8.3. Affiliates may not bid on or use Odie trademarks, URLs, or misspellings thereof in paid search campaigns.
8.4. Affiliate may key in prospects’ information only if such information is true and consented.
8.5. Affiliate shall not use “Parasiteware™,” pop-ups, or similar techniques that interfere with user navigation or cookie tracking.
9. Grant of Licenses
Odie grants Affiliate a limited, non-exclusive, non-transferable, revocable license to use Odie’s logos and trademarks solely for promoting GetOdie.com in accordance with this Agreement. Affiliate shall not use Odie’s materials in any disparaging or misleading manner.
10. Disclaimer
GETODIE.COM MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING ITS WEBSITE OR SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO REPRESENTATION IS MADE THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
11. Representations and Warranties
Affiliate represents and warrants that:
11.1. This Agreement is a valid, binding obligation;
11.2. Affiliate has authority to enter into this Agreement; and
11.3. Affiliate has sufficient right and interest in the rights granted herein.
12. Limitations of Liability
ODIE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES (INCLUDING LOST PROFITS OR GOODWILL). ODIE’S TOTAL LIABILITY SHALL NOT EXCEED THE TOTAL COMMISSIONS PAID TO AFFILIATE UNDER THIS AGREEMENT.
13. Indemnification
Affiliate shall indemnify, defend, and hold harmless Odie, its affiliates, and their officers, employees, and agents from any claims or damages arising out of (i) Affiliate’s breach of this Agreement, (ii) Affiliate’s violation of law or third-party rights, or (iii) content on Affiliate’s site.
14. Confidentiality
All confidential information disclosed by either party shall remain the sole property of the disclosing party and shall not be used or disclosed without written permission.
15. Compliance, Privacy, and Legal Requirements
15.1. FTC Endorsement Compliance.
Affiliate must comply with all applicable Federal Trade Commission (“FTC”) regulations and guidelines, including but not limited to the FTC Endorsement Guides, and must clearly and conspicuously disclose any compensated relationship with Odie in all forms of promotion or communication.
15.2. Data Protection and Privacy.
Affiliate shall comply with all applicable privacy and data protection laws, including but not limited to the California Consumer Privacy Act (CCPA/CPRA), and shall not collect, store, process, or share any personal data of users obtained through Odie’s marketing activities or website without Odie’s prior written consent.
15.3. Audit Rights.
Odie reserves the right, upon reasonable notice, to audit Affiliate’s records, systems, and promotional practices related to this Agreement to ensure compliance with all applicable laws, AWIN network rules, and these Terms. Affiliate shall cooperate fully with any such audit.
16. Dispute Resolution and Governing Law
16.1. Arbitration.
Any dispute between the Parties arising from or relating to this Agreement shall be resolved by binding arbitration pursuant to the rules of the Eighth Judicial District Court of Nevada. Discovery shall be permitted as in Nevada state court proceedings, and judgment upon the award may be entered in any court of competent jurisdiction. The arbitrator shall not award punitive, exemplary, or similar non-compensatory damages.
16.2. Fees.
Each party shall bear its own attorneys’ fees and costs, except as otherwise provided by law or as necessary to enforce an arbitration award.
16.3. Governing Law.
This Agreement shall be governed by and construed under the laws of the State of Nevada, without regard to its conflict-of-laws principles. Venue shall be exclusively in Nevada.
17. Miscellaneous
17.1. Nothing in this Agreement creates a partnership, joint venture, or employment relationship.
17.2. Neither party may assign this Agreement without the other’s consent, except to a successor acquiring substantially all assets.
17.3. This Agreement constitutes the entire understanding between the parties and supersedes prior communications.
17.4. Amendments must be in writing and signed by both parties.
17.5. If any provision is held invalid, the remainder shall continue in full force and effect.
17.6. Failure to enforce any provision shall not constitute a waiver of any rights.
17.7. By using Odie’s affiliate program, you agree to be bound by these Terms and represent that you have the authority to do so on behalf of yourself and your organization.
By submitting your application through AWIN and participating in the Odie Pet Insurance Affiliate Program, you acknowledge and agree to these Terms and Conditions in full.
