Fraud is a serious
offense, and will be treated as such.
Fraud is defined as any action that
intentionally attempts to create sales,
leads, or click-throughs using robots,
frames, iframes, scripts, or manually
"refreshing" of pages, for the sole
purpose of creating commissions. ANY
ATTEMPTED FRAUD OR FRAUD WILL RESULT IN
MEMBERSHIP TERMINATION AND VOIDED
COMMISSIONS.
PRIVACY POLICY
Pawtastic Pet respects the privacy of
its users and will not disclose personal
information to third parties without the
express permission of You and Your
company.
DEFINITIONS
"Affiliate" means an individual or
business generating their own traffic
and thus rewarded for legitimate sales.
"Visitor" means any person, or user that
clicks on a Link to our Web site placed
on an Affiliate's Web site.
"sale commission" means the Payout we
set and agree to pay for Visitors
referred to our Web site that results in
a sale of a product. The sale could
occur at the time of the visit or at a
later time not to exceed 30 days. If a
sale occurs after 30 days and the
Visitor has not returned through an
authorized Affiliate's site, then no
Payout shall occur.
"Payout" means the amount of sale
commission we agree to pay for an
individual measurable action. The Payout
is defined as a percentage of a total
sale amount.
"Commission" means the amount sale
commission,we agree to pay for an
individual measurable action. The Payout
is defined as a percetage of a total
sale amount.
"Link" means a hyperlink placed on an
Affiliate's site that, when clicked on,
sends a Visitor through to a our
website. Links take many forms including
text, a product image, buttons, banners,
videos or any other format acceptable to
Pawtastic Pet.
"VOID" means a reversal of a Payout
previously earned for a sale, lead, or
click that is later rescinded or
corrected. Pawtastic Pet may VOID
transactions that are fraudulent, or in
the case of returned merchandise,
duplicate transactions, or other valid
reasons.
"Your Account" means a specific account
where Commissions are credited.
LINK
PLACEMENT
As an Affiliate of the Service, you may
place and remove Links on Your site and
in acceptable locations.
AFFILIATE PAYMENT
You will receive a Commission for
sending an authorized sales via Your
Links. In order to place Links. You
understand that the Payout amount may be
changed at any time. This information is
also available to You at the Pawtastic
Pet Member’s Area. You are responsible
for determining if the Payout for a Link
You have placed on Your site has changed
or been discontinued. You receive the
Commission from Pawtastic Pet. Payments
are made automatically on the twentieth
(20th) day of each month when Your
account balance reaches $25 or more for
the previous months' transactions. Money
credited to Your Account does not accrue
interest. In the event of a VOID,
Pawtastic Pet may recover from You the
corresponding Commission previously
credited to Your Account. The VOID
Commission will be immediately deducted
from Your Account balance. In the event
that Your Account balance is less than
the VOID Commission, the VOID Commission
will be deducted against Your future
earnings. You will NEVER be asked to
send money to Pawtastic Pet.
SERVICE AND SUPPORT
Pawtastic Pet will provide support for
the Service as indicated on the
Pawtastic Pet Web site.
EMAIL CONTACT
Pawtastic Pet reserves the right to send
e-mail to You for the purposes of
informing you of applicable changes or
additions to the Service or any
Pawtastic Pet related products and
services.
CHANGES TO THE SERVICE
Pawtastic Pet reserves the right to
change, modify, add or remove portions
of this Agreement at any time and may
add to, change, suspend or discontinue
any aspect of the Service at any time.
In the event of any material change,
Pawtastic Pet will notify You via
e-mail, newsletter or the Pawtastic Pet
Web site at least 7 days prior to any
such changes taking effect, at which
time You may either agree to such
changes or withdraw from the Service.
REGISTRATION
To sign up as an Affiliate of Pawtastic
Pet and to use the Service as an
Affiliate Partner you must be at least
18 (eighteen) years of age, and supply a
valid tax-id, which may be your social
security number for individuals, or a
federal tax-id for corporations or
entities.
THE FOLLOWING TYPES OF SITES ARE NOT
ALLOWED TO PARTICIPATE IN Pawtastic Pet:
ADULT SITES, SITES THAT DISPLAY ADULT
BANNERS, SITES THAT PROMOTE VIOLENCE,
BIGOTRY, OR HATRED. SITES THAT PROMOTE
ILLEGAL ACTIVITY, including but not
limited to WAREZ, CRACKING, and HACKING
SITES. As part of the registration
process, You will select a username and
password combination that You use to
access Your Affiliate area within the
Service. You shall provide Pawtastic Pet
with accurate, complete and updated
registration information. You may not
select the name of another person with
the intent to impersonate that person or
deceive members or other users as to
Your true identity. You agree that
Pawtastic Pet may rely on any data,
notice, instruction or request furnished
to Pawtastic Pet by You which is
reasonably believed by Pawtastic Pet to
be genuine and to have been sent or
presented by a person reasonably
believed by Pawtastic Pet to be
authorized to act on Your behalf. You
shall notify Pawtastic Pet by e-mail at
sales@Pawtastic Pet of any known or
suspected unauthorized uses of Your
Account, or any known or suspected
breach of security, including loss,
theft or unauthorized disclosure of Your
username and password. You shall be
responsible for maintaining the
confidentiality of Your username and
password and You are responsible for all
usage and activity on Your Account,
including use of the account by a third
party authorized by You to use Your
Account. Any fraudulent, abusive or
otherwise illegal activity may be
grounds for termination by Pawtastic Pet
and referral to the appropriate law
enforcement agencies.
ACCEPTED USE
You represent to Pawtastic Pet that all
content You provide to the Service is
solely owned by You or provided by You
with the express authority of the
company You represent, does not infringe
upon any other individual's or
organization's rights (including,
without limitation, intellectual
property rights) and is not defamatory,
libelous, unlawful or otherwise
objectionable. You shall not provide,
promote, distribute, place or otherwise
publish as an Affiliate of the Service
any content, or Web site that includes
content, which is libelous, defamatory,
obscene, pornographic, abusive,
fraudulent or violates any law. As
Pawtastic Pet may not review all
information provided by You, You shall
remain solely responsible for Your
content and Web site.
Links may not be placed in
newsgroups, unsolicited e-mail, ICQ,
banner networks, counters, chatrooms or
guestbooks. Any Link placed must be done
in such a way that it is not misleading
to any Visitor and done with the
intention of delivering valid sales for
that Link.
Pawtastic Pet RESERVES THE RIGHT TO DEEM
ANY SITE INAPPROPRIATE AND TERMINATE THE
SITE AS A MEMBER OF Pawtastic Pet. If
You are terminated from the Service,
Pawtastic Pet has the right to withhold
money You earned within the Service or
money that You owe within the Service
and You will not be allowed to re-join
Pawtastic Pet.
LIMITED WARRANTY
The Service, its operation, its use and
the results of such use shall be
performed in a workmanlike manner. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, Pawtastic Pet
DISCLAIMS ALL WARRANTIES EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, IN
RELATION TO THE SERVICE, ITS USE AND THE
RESULTS OF SUCH USE. WITHOUT LIMITING
THE FOREGOING, Pawtastic Pet
SPECIFICALLY DISCLAIMS ANY WARRANTY (A)
THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE, (B) THAT DEFECTS WILL BE
CORRECTED, (C) THAT THERE ARE NO VIRUSES
OR OTHER HARMFUL COMPONENTS, (D) THAT
THE SECURITY METHODS EMPLOYED WILL BE
SUFFICIENT, OR (E) REGARDING
CORRECTNESS, ACCURACY, OR RELIABILITY.
APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Merchant will make reasonable
commercial efforts to keep its
transaction service operational during
normal business hours. However, certain
technical difficulties may, from time to
time, result in temporary service
interruptions. Affiliate understands and
acknowledges that it is normal to have a
certain amount of system downtime and
further agrees not to hold the Merchant
liable for any of the consequences of
such interruptions. MERCHANT SHALL HAVE
NO LIABILITY FOR UNAUTHORIZED ACCESS TO,
OR ALTERATION, THEFT OR DESTRUCTION OF
ANY WEB SITE OF AFFILIATE OR AFFILIATE
CUSTOMER DATA FILES OR SYSTEMS OR
PROGRAMS THROUGH ACCIDENT, FRAUDULENT
MEANS OR DEVICES. MERCHANT SHALL HAVE NO
LIABILITY WITH RESPECT TO MERCHANT
OBLIGATIONS HEREUNDER OR OTHERWISE FOR
CONSEQUENTIAL, EXEMPLARY, SPECIAL,
INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF
MERCHANT HAS BEEN NOTIFIED OF SUCH
DAMAGES. ANY LIABILITY OF MERCHANT
HEREUNDER SHALL BE LIMITED TO THE
REVENUE EARNED BY MERCHANT AS A DIRECT
RESULT OF THIS AGREEMENT.
LIMITATION OF LIABILITY
Pawtastic Pet SHALL NOT BE LIABLE TO YOU
OR ANY OTHER PERSON FOR (I) ANY
INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER
ARISING OUT OF THE USE OF OR INABILITY
TO USE THE Pawtastic Pet SERVICE OR ANY
INFORMATION PROVIDED ON THE Pawtastic
Pet WEB SITE OR ANY OTHER HYPERLINKED
WEB SITE, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, ANY LOST
PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR OTHER DATA, EVEN IF
Pawtastic Pet OR A Pawtastic Pet
AUTHORIZED REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS OR OTHER
INACCURACIES IN THE WEB SITE OR ANY
HYPERLINKED WEB SITE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU. IN SUCH
JURISDICTIONS, Pawtastic Pet'S LIABILITY
IS LIMITED TO THE SMALLEST AMOUNT
PERMITTED BY LAW. THIS PARAGRAPH WILL
SURVIVE THE FAILURE OF ANY EXCLUSIVE OR
LIMITED REMEDY.
You agree that Pawtastic Pet, although
the provider of the Service, has no
responsibility or liability as a result
of Your placement of authorized Links
from Your Web site, and You, jointly and
severally agree to indemnify, defend,
and hold harmless Pawtastic Pet and its
affiliates, officers, directors,
employees and agents from and against
any and all liability, claims, losses,
damages, injuries or expenses (including
reasonable attorneys' fees) directly or
indirectly arising from or relating to
any offer or any other matter related to
this Agreement or the subject matter
hereof and any dispute relating thereto.
Pawtastic Pet agrees to indemnify,
defend, and hold harmless Affiliate and
its affiliates, officers, directors,
employees and agents from and against
any and all liability, claims, losses,
damages, injuries or expenses (including
reasonable attorneys' fees) directly or
indirectly arising from or relating to
Pawtastic Pet's negligence or willful
misconduct in performance of the
Services or its breach of this
Agreement.
NON-DISCLOSURE
Pawtastic Pet acknowledges that in the
course of this Agreement it shall have
access to confidential and proprietary
information ("Confidential Information")
of Your company. Pawtastic Pet agrees
not to disclose or disseminate the
Confidential Information without Your
prior express written consent. The term
"Confidential Information" shall not
include information that is or becomes
part of the public domain through no
action or omission of Pawtastic Pet,
that becomes available to Pawtastic Pet
from third parties without knowledge by
Pawtastic Pet of any breach of fiduciary
duty, or that Pawtastic Pet had in its
possession prior to the date of this
Agreement. Pawtastic Pet does not
collect information about customer's
transactions, other than what is passed
to us through the installed tracking
code and displayed on Your own
transaction reports. Any information we
receive is used solely for tracking and
Commission payment purposes. Pawtastic
Pet reserves the right to be able to
utilize this data in aggregate to
analyze Service trends, monitor Service
efficiencies, and perform such other
analysis as Pawtastic Pet deems
appropriate.
OWNERSHIP AND LICENSES
You, the Affiliate, are granted a
non-exclusive, limited, revocable right
to use provided trademarks and banners.
All images, technology and content
provided for Your use is and shall
remain the sole property of Pawtastic
Pet, and no part thereof shall be deemed
assigned or licensed to You except as
explicitly provided for herein. All
intellectual property rights, including
trademarks, copyrights, patent rights or
applications, tradenames and service
marks related to the foregoing shall
remain the Pawtastic Pet’s sole
property, including rights in and to any
derivatives thereof. You may not modify
the trademarks, banners, the content or
any of the images provided to You in any
way.
NONASSIGNABILITY
Affiliate or Pawtastic Pet may assign
this Agreement to any successor or
affiliate upon notice to the other party
and mutual agreement between both
parties.
FORCE MAJEURE
Neither party shall be liable hereunder
by reason of any failure or delay in the
performance of its obligations hereunder
on account of strikes, shortages, riots,
insurrection, fires, flood, storm,
explosions, acts of God, war,
governmental action, labor conditions,
earthquakes or any other cause which is
beyond the reasonable control of such
party.
JURISDICTIONAL ISSUES
This Agreement shall be governed by
Virginia, USA law (except for conflict
of law provisions). The exclusive forum
for any actions brought in connection
with this Agreement shall be in the
state and federal courts in and for the
State of Virginia, USA and You consent
to such jurisdiction. The application of
the United Nations Convention on the
International Sale of Goods is expressly
excluded.
MISCELLANEOUS
This Agreement represents the complete
agreement concerning this license and
may be amended only by a writing
executed by both parties. THE ACCEPTANCE
OF ANY PURCHASE ORDER PLACED BY YOU IS
EXPRESSLY MADE CONDITIONAL ON YOUR
ASSENT TO THE TERMS SET FORTH HEREIN,
AND NOT THOSE IN YOUR PURCHASE ORDER. If
any provision of this Agreement is held
to be unenforceable, such provision
shall be reformed only to the extent
necessary to make it enforceable.