The Animal List Affiliate Program Terms and Conditions
These terms and conditions, together with The Animal List Terms of Service, constitute the agreement (“Agreement”) between Pets on Q, Inc. (“Company”) operating as The Animal List ("Platform") and you ("Affiliate"), and govern your use of the Services (as defined below).
By using the site, creating a profile and logging into your account, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms:
1. Sign-Up and Approval
1.1 Affiliate’s application to become an Affiliate may be approved in the Company’s sole discretion.
1.2 All Listings potentially shared via the Affiliate Links shall constitute a separate agreement between Animal Talent Sellers, Animal Talent Buyers and the Company.
1.3 Furthermore, the Company accepts no responsibility for the content of the Listings.
2. Referral Tracking
2.1 Once approved, the Company shall create a Unique Affiliate Link and supply it to Affiliates within their Affiliate Dashboard, located within their account on the Platform.
2.2 Affiliates will also have access to Individual Listing Affiliate Links for every active Listing on the Platform from all Animal Talent Sellers.
2.3 Affiliates must implement the Links in the Platform in accordance with Company’s reasonable instructions; Affiliate Links are good indefinitely, however if they are deleted by the recipient, they are no longer tracked
2.4 For each Affiliate Link click the Company internally tracks cookies for 30 days; if an Affiliate Link is clicked by an Animal Talent Buyer and they end up booking a different Animal Talent Seller than the one in the original Listing, that booking will also track back to the original Affiliate that shared the Link.
2.5 Affiliates delay in or failure to implement, operate and maintain Links correctly may cause Referrals not to be identified, and no Commission shall be payable to Affiliates in respect of such unidentifiable Referrals.
3. IP Licences, Branding and Ownership
3.1 Nothing in this Agreement shall operate to transfer any interest or ownership in any rights to Intellectual Property of one Party to the other.
4. Commission
4.1 The Commission percentage offered is 3% of the Listing Fee, unless otherwise contracted.
5. Payment
5.1 Commissions shall be payable to Affiliate once Affiliate has earned aggregate Commission of $50.00 USD or more. For the avoidance of doubt, Commissions earned below such threshold in any month shall be carried forward to the following month until the threshold is reached, or the year ends, whichever is sooner.
5.2 All payments shall be made electronically via Stripe to the account on file.
6. Warranties.
6.1 Affiliate represents, warrants and undertakes to the Company that:
(a) its acceptance of this Agreement, and its performance of its obligations and duties under it, do not and will not breach any agreement to which Affiliate is a party or by which it is otherwise bound;
(b) all information and data Affiliate supplies to Company, Advertiser, Users and any other party through or in connection with this Agreement is correct, accurate, up-to-date and not misleading;
(c) The Platform and Affiliate’s activities through and in connection with the Services shall comply with the Data Protection Legislation, applicable anti-bribery and corruption legislation, and any and all other applicable laws, regulations and codes of conduct in force from time to time as amended, reenacted, extended or consolidated. Affiliate shall promptly notify Company, if Affiliate becomes aware of any corruption or breach of Data Protection Legislation in relation to this Agreement;
(d) it shall adhere to the these terms at all times, as well as industry best practice in promoting Links;
(e) and its activities through and in connection with the Platform’s Services shall not contain, transmit or otherwise involve any Malware or other equivalent or similar code or material;
(f) it shall disclose to potential Animal Talent Buyers its commercial relationship with the Company to the extent, and in the manner, required by all applicable law, regulation, or codes of conduct;
7. Indemnity
7.1 Affiliate hereby undertakes to keep Company fully and effectively indemnified against any and all costs, claims, expenses, administrative sanctions and liabilities (including reasonable legal fees) arising as a result of:
(a) the content of the Platform;
(b) any breach of this Agreement;
(c) any other claim against the Company in connection with a User’s use of the Site
8. DISCLAIMER
8.1 AFFILIATE ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE PROVIDED ON AN 'AS IS' BASIS, AND THAT COMPANY DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, IN RELATION TO THE SERVICES’ FUNCTIONALITY, AVAILABILITY OR UPTIME, NOR THAT THE SERVICES ARE SUITABLE FOR AFFILIATE’S PARTICULAR REQUIREMENTS, OR THAT AFFILIATE’S USE OF THE SUCH SERVICES WILL RESULT IN ANY PARTICULAR LEVEL OF INCOME OR BUSINESS TO AFFILIATE.
9. Term, Termination and Suspension
9.1 This Agreement commences immediately upon Affiliate’s acceptance into the program and shall remain in force until terminated in accordance with its provisions.
9.2 Either Party may terminate this Agreement: (a) at any time on written notice to the other Party in the event of a material breach of this Agreement by the other Party;
9.3 Furthermore, the Company may terminate this Agreement at any time for any reason, with or without notice or cause.
10. LIMITATION OF LIABILITY
10.1 NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR LOSS OR DAMAGE DUE TO OR ARISING FROM DEATH, PERSONAL INJURY OR FRAUDULENT MISREPRESENTATION.
10.2 NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS, OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCURRED AS A RESULT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER ARISING OUT OF BREACH OF CONTRACT, NEGLIGENCE OR HOWSOEVER.
11. Confidentiality
11.1 Both Parties shall take reasonable steps to prevent disclosure of Confidential Information of the other Party other than to those of its employees or agents who require access to such Confidential Information solely to perform such Party's obligations hereunder and who have each agreed to comply with this provision. Such obligation shall continue despite the termination of this Agreement.
12. Force Majeure
12.1 Neither Party shall be liable for, or be considered in breach of this Agreement on account of any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control, including but not limited to acts of God, acts of government, strikes or war, and which such Party is unable to overcome by the exercise of reasonable diligence.
13. General
13.1 This Agreement shall be governed in all respects by the laws of the State of California. Affiliate agrees that unless otherwise indicated by the Company any action arising from or relating to these Terms shall be brought exclusively in a state or federal court located in Los Angeles County, California.