Affiliate Program Terms of Service

As of June 1, 2021

SUMMARY
By signing up for the Native Pet Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service” or “Agreement”).
Native Pet reserves the right to update and change the Terms of Service from time to time without notice. Continued use of the Program after any such changes shall constitute your consent to such changes.
We have the right to terminate an Account for any reason we see fit at any time. Violation of any of the terms below will result in the termination of your Account and forfeiture of any outstanding affiliate commission payments earned during the violation.

GENERAL REQUIREMENTS FOR ACCEPTANCE:
You must have a social media following of over 500 followers or an established blog, website, network, or email list.
You must be located in the United States.
You must be in compliance with our Terms of Service.
No coupon or offer sites.

ENROLLMENT:
After receiving your application, we will review your information and notify you of your acceptance into our Program. Please allow up to one week for your application to be reviewed. We reserve the right to reject any application, however, we encourage you to contact us if you feel we have made an incorrect decision.
By signing up to the Native Pet Affiliate Program, you undertake to perform actions aimed at increasing traffic on Native Pet's website. For that purpose, you undertake to create quality content related to Native Pet and Native Pet Services for your audience, publish the content together with your tracking link in your social media account, blog, or any other medium you use for communicating with your audience (hereinafter the “Post”). Subject to the Agreement, Native Pet shall pay to you the commission as stipulated in the Agreement when your customer link drives sales for Native Pet. You hereby also confirm that your activities under this Agreement are ancillary to your other professional activities and you do not obtain a greater part of your income from the activities under this Agreement.

To become an Affiliate, you are required to submit a sign-up application and accept this Agreement. By submitting the application and accepting the Agreement, you confirm that: (a) the data provided by you upon registration are true, accurate, and full, (b) you agree to act in accordance with the Agreement, (c) you have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement.
If you wish to sign up as a natural person, you confirm that you are at least 18 years of age and you have full active legal capacity. By signing up as a legal entity, you must be duly incorporated, have the full legal capacity, and have duly authorized representatives.

Upon acceptance of your sign-up application by us and entry into the Agreement, you will be provided with your own personal account to our Affiliate Dashboard and unique tracking link. The tracking link needs to be used every time you promote Native Pet and Native Pet products to your audience. You understand that the tracking link enables us to identify any potential client mediated by you to us. You also understand that if you do not use the unique tracking link specifically assigned to you or you are using the tracking link contrary to the guidelines, we are not able to link a potential client with you. A failure in linking the client with you takes away your right to receive a commission.
By logging in to the Affiliate Dashboard, you can review and analyze your marketing and sales efforts and see our calculation of the commissions due to you. You will also be able to review our program details, see your tracking link, and access marketing/advertising creatives.

You expressly agree and understand that you act as an independent contractor, and nothing in this Agreement is meant or shall be construed in any way or manner, to create between you and us a relationship of employer and employee, partners, agency, or any other relationship other than that of independent parties contracting with each other solely for the purpose of carrying out the provisions of this Agreement. In any case, you are not authorized and shall not have the power or authority to bind us to any legal relationship, or incur any liability or obligation, or act on behalf of us. For the avoidance of any doubt, the entry into this Agreement shall not constitute an agency agreement between you and us.

AFFILIATE OBLIGATIONS:
In order for us to accurately keep track of all visits and sales from your Posts/website to our website, you must always use your tracking link.

In providing the content, you may not do anything harmful to Native Pet’s image and reputation. Content created by you should be truthful and a creative representation of Native Pet products that, depending on the purpose of the Post, educates followers and/or increases their curiosity about Native Pet. We fully respect your creative freedom to create Posts in a way that inspires your audience, but when creating a Post, we expect from you and you agree to follow all promotion restrictions stipulated in this Agreement.

Maintenance and updating of the information you share about Native Pet on your website and other channels will be your responsibility. We may monitor your Posts/website as we feel necessary to make sure that information contained therein is up-to-date and correct and notify you of any changes that we feel should enhance your performance.
It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your Posts/website. You must have express permission to use any person's copyrighted material, whether it be in writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third-party rights.
You will be responsible for any tax reporting and/or payment obligations applicable in respect to any commissions received from us under this Agreement.

By accepting this Agreement, you understand that it is prohibited to:
use the tracking link or any content made available to you by us in the course of the Native Pet Affiliate Program for any unlawful purposes;
* solicit others to perform or participate in any unlawful acts;
* violate any international or local regulations, rules, and laws;
* harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
* submit any false or misleading information;
* upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our website;
* spam, phish, pharm, pretext, spider, crawl, or scrape;
* use the tracking link or Native Pet’s content for any obscene or immoral purpose;
* sign up for the Native Pet Affiliate Program if you are not able to form legally binding contracts (for example if you are under 18 years old), or are temporarily or indefinitely suspended from using our site, services, applications or tools;
transfer your account or tracking link to another party.

NATIVE PET RIGHTS AND OBLIGATIONS:
We have the right to monitor your Posts/website at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes that we feel should be made, or to make sure that your advertisements and Native Pet promotional content are appropriate, and to notify further you of any changes that we feel should be made.
Native Pet will have the unilateral right to decide whether and if yes, on what conditions enter into a service agreement with any customers, who were directed to our website by using your unique tracking link. Native Pet will be also free to terminate the service agreements with any such customers at any time and according to its own discretion. Native Pet reserves the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions. In such cases, you will lose the right to commission as stipulated in the COMMISSIONS AND PAYMENTS provision of this Agreement.

COMMISSION AND PAYMENTS:
In consideration of your promotional activities, we shall pay you a commission for each person who has been directed to our website by using your unique tracking link and with whom makes a purchase.
When a person who has been directed to our website by using your unique tracking link becomes a Native Pet customer, your commission will be 10-20% of the profit earned and distributed to Native Pet from the purchase by the respective Native Pet customer and Native Pet. The commission rates will be calculated as follows: 10% when the order value is smaller than $34.99, 15% when the order value is between $35 to $49.99 and 20% when the order value is bigger than $50. The decision of whether to distribute the profit and if distribute, in what amount, is fully and solely managed by Native Pet.

WEBSITE RESTRICTIONS:
Your participating website(s) and/or account(s) may not:
* Infringe on our or anyone else’s intellectual property, publicity, privacy or other rights.
* Violate any law, rule or regulation.
* Contain any content that is defamatory, obscene, threatening, harassing, harmful to minors, or contains nudity, pornography or sexually explicit materials.
* Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
* Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions and add-ons.

LINKING TO OUR WEBSITE:
Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner.

You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating).
Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.

PPC GUIDELINES:
If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:
You may not bid on any of our *trademarked terms (which are identified below), including any variations or misspellings thereof for search or content-based campaigns on Google, MSN, Yahoo, Facebook or any other network.
You may not use our trademarked terms in sequence with any other keyword (i.e. Native Pet Coupons).
You may not use our trademarked terms in your ad title, ad copy, display name or as the display url.
You may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result. Affiliate links must be directed to an actual page on your website.

If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your program and we strongly suggest you add our trademarked terms as negative keywords. We have a strict no tolerance policy on PPC trademark bidding.

TRADEMARK TERMS:
Native Pet
Nativepet
Nativepet.com
The Native Pet

COUPON GUIDELINE:
You may not use a coupon or offer sites to promote our Program.
You may not submit your affiliate code to any coupon sites.
Any transaction coming from a coupon or offer site will be reversed.
You may ONLY advertise coupon/discount codes that are provided exclusively to you through the affiliate Program.

DOMAIN NAMES:
Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited i.e. nativepet.website.com or www.nativepet-coupons.com

SOCIAL MEDIA:
Use of any of our trademarked terms as part of your social handle is strictly prohibited i.e. facebook.com/native-pet
EMAIL:
If you intend to promote our Program via e-mail campaigns, you must adhere to the following:
Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of Native Pet.

REVERSAL & COMMUNICATION POLICY:
We reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and Program violations as outlined in these terms and conditions. If we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy. If any of the following apply, then we reserve the absolute right to reverse orders or suspend you from the Program.

You are not forthcoming, intentionally vague or are found to be lying.
You are not responsive within a reasonable time period.
You cannot substantiate or validate the source of your traffic to our Program with clear and demonstrable proof.

REPURPOSING RIGHTS:
Native Pet reserves the right to reuse content generated for the campaign with proper credit being given to the creator. Contact anya@nativepet.com with questions.

LIMITATION OF LIABILITY:
EXCEPT AS REQUIRED BY APPLICABLE LAW, YOUTUBE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
ERRORS, MISTAKES, OR INACCURACIES IN OUR AFFILIATE PROGRAM;
PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE AFFILIATE PROGRAM;
ANY UNAUTHORIZED ACCESS TO OR USE OF THE AFFILIATE PROGRAM;
ANY INTERRUPTION OR CESSATION OF THE AFFILIATE PROGRAM;
ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE AFFILIATE PROGRAM VICE BY ANY THIRD PARTY;
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

INDEMNITY
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Native Pet, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Affiliate Program; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Affiliate Program.

CONFIDENTIAL INFORMATION:
If we share nonpublic information about the Program with you, you must keep it confidential and use reasonable security measures to prevent unauthorized disclosure of or access to that information.

GOVERNING LAW, JURISDICTION, AND ATTORNEY FEES:
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Missouri. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in St. Louis County, Missouri.

In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.

MISCELLANEOUS:
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 Native Pet. You will have no authority to make or accept any offers or representations on our behalf.