The Pet Realty Network® ,The Pet Realty Network® Store, PetHealthAlert.com and The Alert Store are owned and operated by Pet Protect, Inc. Pet Protect, Inc (“Pet Protect”, "PetHealthAlert.com", "The Alert Store", "The Pet Realty Network", "The Pet Realty Network Store",“We”, “Us”, “Our”) reserves the right to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. Please review these Terms periodically because your continued usage of this Web Site indicates your agreement with any revisions to these Terms.
This Agreement defines your relationship with Pet Protect, Inc, the owner of The Pet Realty Network® and PetHealthAlert.com. This Agreement contains the complete terms and conditions that apply to your participation as an Affiliate in the Affiliate Program of Pet Protect, Inc. As used in this Agreement, “we” means Pet Protect, Inc, and “you” and “your” means the Applicant party.
1. Enrollment in the Program
You may submit a completed Program application to begin the enrollment process. We will evaluate your application and promptly notify you of your acceptance or rejection. We may reject your application if, in our sole discretion, we determine for any reason that your Web site is unsuitable for the Program. This includes, but is not limited to, those Web sites and links that contain illegal, offensive, infringing or objectionable content. If we reject your application, you may reapply to the Program at any time. However, we may, at our discretion, permanently bar you from participation in the Program if your Web site or business is inconsistent with our objectives or the operation of our Affiliate Program. If we do, we shall inform you of our decision.
2. Links on Affiliate Site
All links that you will use in the Program will be provided to you by Pet Protect, Inc. or by other means selected by us. At no time are you allowed to use on your Web site any coupon offer, source code offer, or code offer of any kind which utilizes special offers and codes created by Pet Protect, Inc if not made available to the Affiliate within a Qualifying Link made available by Pet Protect, Inc, and all such uses are prohibited.
3. Affiliate's Responsibilities
The Affiliate will link its site to areas within PetHealthAlert.com and/or The Pet Realty Network’s Web site using special URLs specified in the Terms (the "Required URLs"). The Affiliate may only post links directly from the Affiliate's Web site to PetHealthAlert.com and/or The Pet Realty Network’s site. Affiliate may post on its own site as many links to the Required URLs and the rest of PetHealthAlert.com and/or The Pet Realty Network’s Web site as needed. The Affiliate is prohibited from linking directly to PetHealthAlert.com and/or The Pet Realty Network’s Web site in any way other than directly from Affiliate's Web site The position, prominence and nature of links on your Web site will comply with any requirements specified in the Terms, but otherwise will be at your discretion.
The Affiliate agrees not to, directly or indirectly, use or enable, in connection with the PetHealthAlert.com and/or The Pet Realty Network’s Website or Qualifying Link, or any related or affiliated Web site or link, any software applications, or downloadable reminder services that pop-up, improperly redirect the user, interfere with online tracking or reporting, or any other actions deemed inappropriate by Pet Protect, Inc in its sole discretion
The Affiliate agrees that it is not in any way an agent or representative of Pet Protect, Inc, PetHealthAlert.com and The Pet Realty Network in any capacity whatsoever and that the parties only relationship is for the terms set forth in this Agreement. As such, the Affiliate agrees not to represent or act as an agent for Pet Protect, Inc, to attempt to bind Pet Protect, Inc in way, or to allow this Agreement to create any tax nexus or other jurisdiction over Pet Protect, Inc in any state where Affiliate may itself have nexus or jurisdiction. If any party shall asset that this Agreement or the relationship created by this Agreement in any way creates any responsibility of Pet Protect, Inc in any jurisdiction or asserts a relationship other than as contemplated by the parties, then this Agreement shall be retroactively null and void as a mutual mistake of fact or law, as the case may be, and the relationship shall be treated as though it never existed. Any further payments under the Agreement shall also be void in that circumstance.
The Affiliate agrees to report all income paid under this Agreement to all required taxing authorities and provide documentation to Pet Protect, Inc, if requested in writing, that it has done so.
Any Inappropriate Activities, including but not limited to those described, shall be deemed a material breach of this Agreement and will result in termination from the Pet Protect, Inc Affiliate Program. Pet Protect, Inc also reserves the right to disallow commissions from any Inappropriate Activities.
The Affiliate agrees not to make any representations, warranties or other statements concerning Pet Protect, Inc, Pet Protect, Inc’s Web site, any of Pet Protect, Inc’s products or services, or Pet Protect, Inc’s Web site policies, except as expressly authorized by the Terms.
The Affiliate is responsible for notifying Pet Protect, Inc of any malfunctioning of the Required URLs or other problems with Affiliate's participation in the Terms. We shall respond promptly to all concerns upon your notification.
The Affiliate is hereby prohibited and agrees to refrain from the following activities: purchasing or bidding on any word, phrase, URL, trademark, or variation thereof which is derived from Pet Protect, Inc, PetHealthAlert.com and The Pet Realty Network’s trademarks and service marks
purchasing or bidding on any word, phrase, URL, trademark, or variation thereof which causes click-thrus to land directly on any Pet Protect, Inc, PetHealthAlert.com or The Pet Realty Network’s owned or operated URL;
incorporating, in any manner, on the Affiliate's Web site(s) within the Title, Description or Keyword meta tags, any word, phrase, URL, trademark, or variation thereof which is derived from Pet Protect, Inc, PetHealthAlert.com and The Pet Realty Network’s trademarks and service marks
It will be considered a breach of this Agreement to utilize any promotion, promotion code, coupon or other promotional opportunity that is not specifically authored for the Affiliate Program and explicitly authorized for your use, and we reserve the right to withhold or disallow payment for violations under this section.
The Affiliate may not transmit any E-mail, instant message or similar communication containing any material relating to Pet Protect, Inc, PetHealthAlert.com and The Pet Realty Network, including without limitation, Pet Protect, Inc, PetHealthAlert.com and The Pet Realty Network’s name, any Qualifying Link or Pet Protect, Inc, PetHealthAlert.com and The Pet Realty Network’s trademark, product, image or logo, without prior written consent.
Pet Protect, Inc agrees to pay the Affiliate the commission specified in the Agreement if Pet Protect, Inc sells to a visitor to Pet Protect, Inc' Web sites (a "Customer") a product or service that is the subject of the Terms and if that Customer has accessed Pet Protect, Inc Web site and purchased the product or service via a Qualifying Link; provided, however, that no Commissions may be paid for amounts due to Affiliate in the event that Affiliate is found by Pet Protect, Inc to have violated Affiliate's covenant not to compete contained or the Affiliate's covenant not to engage in Inappropriate Activities.
A "Qualifying Link" is a link from Affiliate's site to Pet Protect, Inc’s using one of the Required URLs or any other URL provided by Pet Protect, Inc. A "Qualifying Link" specifically excludes any link located other than directly on Affiliate's site.
Pet Protect, Inc shall have the sole right and responsibility for processing all orders made by Customers. Affiliate acknowledges that all agreements relating to sales to Customers shall be between Pet Protect, Inc and the Customer.
Prices for the products will be set solely at Pet Protect, Inc's discretion.
5. Ownership and Licenses
Each party owns and shall retain all right, title and interest in its respective names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.
The Affiliate may not modify any of the links, images, or messages provided by Pet Protect, Inc to you in any way. Pet Protect, Inc reserves all of our rights in the links, image, the message, any other images, our trade names and trademarks, and all other intellectual property rights. The Affiliate may not copy, distribute, reverse engineer, or create derivative works from any of the links, images, or messages in any way. The Affiliate may not sublicense, assign or transfer any such licenses for the use of the same, and any attempt at such sublicense, assignment or transfer is void.
Pet Protect, Inc may revoke your license at any time by giving you prior written notice.
The license granted herein does not include and the following uses are expressly prohibited: uses of the Pet Protect, Inc, PetHealthAlert.com and The Pet Realty Network name, logo, trademark, or service mark in any manner whatsoever in connection with an agreement with a third party ,whether written or oral, whether free or paid, to advertise, market, or promote Pet Protect, Inc, PetHealthAlert.com and The Pet Realty Network or the Affiliate. Violation of the terms of this license shall be cause for immediate termination as an Affiliate.
6. Identifying Yourself as an Affiliate
Pet Protect, Inc requests that you identify yourself as an Affiliate. However, this affiliation may not be promoted by you, the Affiliate, in any way whatsoever that falls outside the scope of links described above, without prior approval by Pet Protect, Inc. Such promotions requiring prior approval may include, but are not limited to, press releases, marketing materials, media kits, screen shots, graphics altered for co-branding or any other such format.
If your Web site is engaged in the practice of directing, transferring or donating any portion of the Referral Fees paid to you by Pet Protect, Inc, you must provide the following message on your Web site: “All donations, transfers and pledges of money to any charitable or philanthropic organizations are made at the sole discretion of (name of your Web site) and, (if applicable) of (your Web site’s) members. Pet Protect, Inc is not associated with any of the charitable or philanthropic organizations associated with (your Web site) and makes no endorsement, express or implied, of their activities. Pet Protect, Inc is not responsible for selecting, evaluating or making donations to any of the organizations associate with (your Web site).
7. Termination The terms of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party at least 5 day's prior written notice of such termination. Termination of this Agreement shall also terminate any outstanding Terms. Upon termination, all Merchant-related content and links shall be promptly removed from your Site. You are only eligible to earn commissions on sales occurring during the term of this Agreement, and fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. In the event overpayment is made by us, you agree to promptly remit such excess payment upon notification by us. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. However, all rights to payment, causes of action and any provisions, which by their terms are intended to survive termination, shall survive termination of this Agreement.
Each party represents and warrants to the other that (a) it has the authority to enter into this Agreement and sufficient rights to grant any licenses granted hereby, and (b) any material which is provided to the other party and displayed on the other party's site will not
(i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy;
(ii) violate any applicable law, statute, ordinance or regulation; including but not limited to laws and regulations under the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the CAN-SPAM Act of 2003);
(iii) be defamatory or libelous;
(iv) be lewd, pornographic or obscene;
(v) violate any laws regarding unfair competition, anti-discrimination or false advertising; (vi) promote violence or contain hate speech; or
(vii) contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines.
PET PROTECT, INC MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
Each party hereby agrees to indemnify, defend and hold harmless the other party and its affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) brought by a third party, arising out of a breach, or alleged breach, of any of its representations, warranties, or obligations herein.
Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect.
This Agreement will be governed by the laws of the United States and the State of Florida, 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 Florida and you irrevocably consent to the jurisdiction of such courts. If you need to send official correspondence, send it via registered mail to Pet Protect, Inc, PO Box 11447, Naples, FL 34101. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure or agreement not to enforce your strict performance of any provision of this Agreement in a given instance will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our Web site. We will also make commercially reasonable efforts to notify you of such changes prior to implementation. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, and Affiliate Program rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE AND/OR SENDING YOU THE CHANGE NOTICE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATIONS, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
11. Guidelines for Using the Pet Protect, Inc, PetHealthAlert.com and The Pet Realty Network Trademarks
These guidelines apply to your use of Pet Protect®, PetHealthAlert.com and The Pet Realty Network® (the "Trademark") in content and context that have been approved by us.
You may use the Trademark only for purposes expressly authorized by us.
You may not modify the Trademark in any manner. For example, you may not change the proportion, color, or font of the Trademark.
You may not use the Trademark to disparage Pet Protect®, PetHealthAlert.com and The Pet Realty Network®, its products or services, or in a manner which, in our reasonable judgment, may diminish or otherwise damage our goodwill in the Trademark.
The Trademark must appear by itself, with reasonable spacing (at least the height of the Trademark) between each side of the Trademark and any other graphic or textual image. You must use the ® symbol next to the Trademark.
You acknowledge that all rights to the Trademark are the exclusive property of Pet Protect, Inc and all good will generated through your use of the Trademark will inure to our benefit. We reserve the right in our sole discretion to modify these guidelines at any time upon prior written notice. We reserve the right to take action against any use that does not conform to these guidelines. Violation of the terms of these trademark guidelines shall be cause for immediate termination as an Affiliate.
No copying of any image on the Pet Protect, Inc, PetHealthAlert.com and The Pet Realty Network Web sites except for those links specifically provided to you under this Agreement.