Affiliate Program AgreementThis Affiliate Program Agreement ("Agreement") is entered into by and between Whisker & Fang, ("Company"), and the undersigned affiliate (“Affiliate").Enrollment in the Affiliate Program To begin the enrollment process, Affiliate must submit a completed Affiliate Program Application. The Company reserves the right to reject any application for any reason.2. Promotion of Products Affiliate will promote the Company’s products using links, banners, and other promotional materials provided by the Company. The Affiliate agrees to use only the promotional materials provided by the Company and to not modify them in any way.3. Commission and Payment Affiliate will earn a 10% commission on qualifying purchases made through the Affiliate's unique referral link. The cookie duration is 30 days, meaning Affiliate will receive a commission on any qualifying purchase made within 30 days of the initial click-through. Commissions will be paid monthly, provided the total commission exceeds $50.00. If the balance is less than $50.00, it will be carried over to the next month.4. Order Processing The Company will process orders placed by customers who follow the Affiliate’s referral link. The Company reserves the right to reject orders that do not comply with its policies. The Company will be responsible for all aspects of order processing and fulfillment. Affiliates will not have the authority to make or accept any offers on behalf of the Company.5. Policies and Pricing Customers who purchase products through the Affiliate Program will be deemed customers of the Company. Accordingly, all Company rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. The Company may change its policies and operating procedures at any time.6. Email Marketing Policy Affiliates may engage in email marketing to promote the Company’s products, provided they comply with all applicable laws, including the CAN-SPAM Act. Affiliates must ensure that recipients of marketing emails have explicitly opted-in to receive such emails. Any complaints received regarding the Affiliate's email marketing practices may result in termination of this Agreement.7. Trademark Regulations The Company grants the Affiliate a non-exclusive, non-transferable, revocable right to use the Company’s logos, trademarks, and promotional materials solely for the purpose of promoting the Company’s products within the terms of this Agreement. Affiliates agree not to use the Company’s trademarks in any manner that is disparaging or that otherwise portrays the Company in a negative light.8. Social Media Policy Affiliates may promote the Company’s products on social media platforms. Affiliates must ensure that their social media posts comply with all applicable laws and platform policies. All promotional posts must clearly disclose the Affiliate relationship in accordance with FTC guidelines.9. FTC Disclosure Requirements Affiliates must comply with all FTC disclosure requirements. Affiliates must include a clear and conspicuous disclosure of their affiliate relationship in all communications where they promote the Company’s products. This includes but is not limited to websites, blogs, social media posts, and email communications.10. Grounds for Termination The Company reserves the right to terminate this Agreement and the Affiliate’s participation in the Affiliate Program immediately and without notice if the Affiliate breaches this Agreement or engages in any of the following:Violation of any laws or regulationsInfringement of the Company’s intellectual propertySpamming (mass, unsolicited emailing)False or misleading advertisingMisrepresentation of the Company or its productsAny other behavior that the Company deems harmful to its reputation or business11. Coupons and Deals Policy Affiliates are not permitted to post coupons, discounts, or deals that are not provided or approved by the Company. Unauthorized use of coupons or promotional codes will result in immediate termination of this Agreement.12. Special Commission Rules From time to time, the Company may offer special commissions for certain products or promotions. These special commission rates will be communicated to Affiliates in advance and will apply only to the specified products or promotions.13. PPC Bidding Rules Affiliates are not allowed to bid on the Company’s trademarks or any variations thereof as part of pay-per-click (PPC) advertising campaigns on search engines or any other advertising platforms. Affiliates are also prohibited from using the Company’s trademarks in any domain names, ad copy, or display URLs. PPC Restriction Rules:Affiliates of Whisker & Fang are prohibited from bidding on the following keywords and trademark terms in Pay-Per-Click (PPC) advertising campaigns: "Whisker & Fang," "Pet Memorials," "Pet Keepsakes," "Halo Frame & Collar Display," "Custom Pet Memorials," "Pet Loss Gifts," and "Pet Tribute Gifts." These restrictions are in place to maintain brand integrity, ensure consistent messaging, and prevent any potential confusion among customers. By adhering to these guidelines, affiliates help preserve the reputation and identity of Whisker & Fang in the marketplace.14. Limitation of Liability The Company 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 Affiliate Program, even if the Company has been advised of the possibility of such damages. Further, the Company’s aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to the Affiliate under this Agreement.15. Disclaimers The Company makes no express or implied warranties or representations with respect to the Affiliate Program or an Affiliate’s potential to earn income from the Affiliate Program. In addition, the Company makes no representation that the operation of the Company’s site or the Affiliate links will be uninterrupted or error-free, and the Company will not be liable for the consequences of any interruptions or errors.16. Independent Contractor Affiliate is an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Affiliate and the Company. The Affiliate will have no authority to make or accept any offers or representations on the Company’s behalf.17. Governing Law This Agreement will be governed by the laws of The United States without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in The United States, and the Affiliate irrevocably consents to the jurisdiction of such courts.18. Modification The Company may modify any of the terms and conditions in this Agreement at any time at its sole discretion. In such event, the Affiliate will be notified by email. Modifications may include, but are not limited to, changes in the scope of available commissions, commission schedules, payment procedures, and Affiliate Program rules. If any modification is unacceptable to the Affiliate, the Affiliate’s only recourse is to terminate this Agreement. The Affiliate’s continued participation in the Affiliate Program following the posting of the change notice or new Agreement on the Company’s site will indicate the Affiliate’s agreement to the changes.19. Entire Agreement This Agreement constitutes the entire agreement between the Affiliate and the Company with respect to the subject matter hereof, and supersedes all prior agreements and understandings, whether written or oral, between the parties with respect to the subject matter hereof.By signing up for the Affiliate Program, the Affiliate acknowledges that they have read this Agreement and agree to all its terms and conditions.Whisker & FangPO Box 67 Delaware Oh 43015?2024Affiliate Signature: _______________________?Affiliate Name (Printed): ___________________?Date: ___________________________
