FOREWORD
Welcome to the Pooch Perks’ affiliate program! We value our affiliates and promise to do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. The following affiliate agreement is written with you in mind and to protect our company's good name. So please bear with us as we take you through this legal formality.If you have any questions, please don't hesitate to let us know. For quickest results please email us at affiliates@poochperks.com.
Best regards,
Pooch Perks Inc Team
AFFILIATE AGREEMENT
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND POOCH PERKS, INC.
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
1. Overview
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Poochperks.com's Affiliate Program. The purpose of this Agreement is to allow HTML linking between affiliate’s web site and the Poochperks.com web site.
2. Affiliate Obligations
2.1 To begin the enrollment process, the affiliate will complete and submit the online application at the ShareASale.com server. The merchant reserves the right to re-evaluate applicants at any time and reject them at sole discretion if applicant’s website is considered unsuitable for the Program, including if the website:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes "Pooch Perks" or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. The design of the website or any other website the applicant operates explicitly or implied resembles poochperks.com in a manner that misleads customers to believe that your website is poochperks.com or any other affiliated businesses.
2.2. Joining Poochperks.com's Affiliate Program, affiliate will have access to Affiliate Account Manager where they will be able to review our Program’s details and previously-published affiliate newsletters, download HTML code (that provides for links to web pages within the poochperks.com web site) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
2.3. Affiliate is responsible for the maintenance and updating of their website. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.4. It is entirely your affiliate’s responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material. Poochperks.com will not be responsible for your usage of another person's copyrighted material or other intellectual property in violation of the law or any third party rights.
3. Poochperks.com Rights and Obligations
3.1. Poochperks.com reserves the right to monitor your site at any time to ensure that the terms and conditions of this Agreement are being followed. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are up-to-day and appropriate, and to notify further you of any changes that we feel should be made. If you do not make the changes to your site in a timely manner that we feel are necessary, we reserve the right to terminate your participation in the Poochperks.com Affiliate Program.
3.2. Poochperks.com also reserves the right to terminate this Agreement and your participation in the Affiliate Program immediately and without any notice should if you commit fraud in your use of the Poochperks.com Affiliate Program or abuse this program in any way. If such fraud or abuse is detected, Poochperks.com shall not be liable to you for any commissions for fraudulent sales.
3.3. This Agreement will become active once your application is accepted, and will continue unless terminated.
4. Promotion Restrictions
4.1. You are free to promote your own web sites, but naturally any promotion that mentions Poochperks.com could be perceived by the public or the press as a joint effort. You should know that Poochperks.com always prohibits certain forms of advertising:
4.1.1. Advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name.
4.1.2 Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once.
4.1.3. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address.
4.1.4 You are allowed to use mailings to customers to promote Poochperks.com so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Poochperks.com so long as the news group specifically welcomes commercial messages. You must always clearly represent yourself and your web sites as independent from Poochperks.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in our Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
4.2. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Poochperks’s site. As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that “(a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Merchant site in IFrames, hidden links and automatic pop ups that open Merchant.com’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application”.
4.3 You may not create PPC ads for the search keyword terms "Pooch Perks", "Pooch Perk" or any misspelling of the words.
5. Termination
This Agreement can be ended by any of the involved parties AT ANY TIME, with or without cause, by giving the other party written notice in the form of mail, email, or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
6. Payment
6.1. Poochperks.com uses a third party to handle all of the tracking and payment. The third party is the ShareASale.com affiliate network. Please review the network’s payment terms and conditions.
6.2 Commission Refund Policy
In case of sale cancellation within the first 30 days of subscription purchase, commission for that sale will be VOID. In that case, notification via e-mail will be sent out.
7. Access to Affiliate Account Interface
You will create a password so that you may enter ShareASale’s secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.
8. Grant of Licenses
8.1. Upon acceptance to the program you are granted to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only allowed to use the Licensed Materials to the extent that you are a member in good standing of Poochperks’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Poochperks.com and the good will associated therewith will inure to the sole benefit of our brand.
8.2. Each party hereby agrees not to use the other's proprietary materials in any manner that is misleading, obscene, disparaging or that otherwise portrays the party in a negative light.
9. Disclaimer
POOCHPERKS.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING OUR SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF MERCHANT.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
10. Representations and Warranties
You hereby warrant that:
10.1. This Agreement has been executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
10.2. You have the full right and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
10.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
11. Limitations of Liability
WE WILL HOLD NO LIABILITY TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL POOCHPERKS.COM'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
12. Indemnification
You hereby agree to indemnify and hold no harm to Poochperks.com, a its subsidiaries and affiliates, and their directors, officers, and employees, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses caused by or based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty of agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not related to us.
13. Confidentiality
All information disclosed by one party to another during negotiation or effective term of agreement that is marked “Confidential” will remain property of a disclosing party, and each party will not use or disclose such information to the third party without written permission of disclosing party.
14.Miscellaneous
14.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Poochperks.com. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
14.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
14.3. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
14.4. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
15. Modification
The terms and conditions in this Agreement can be modified by Pooch Perks Inc at any time. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Poochperks.com's Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in the program upon the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
