| This Agreement contains the complete terms and conditions that apply to your participation as an
affiliate in the DogFriendly.com Affiliate Network, and the establishment of links from your affiliate
website(s) to our websites DogFriendly.com and http://store.yahoo.com/dogfriendlycom-store. MODIFICATION
OF AGREEMENT
We may modify any of the terms and conditions contained in this Agreement, at any time in
our sole discretion. Modifications may include, but are not limited to, changes in
commission fees, commission schedules, payment procedures, and Affiliate Network rules. If any modification is unacceptable to you, your recourse is to terminate this agreement. Your continued participation in the Affiliate Network following our posting of a change notice or new agreement
on our site will constitute binding acceptance of the change.
WARRANTIES
DOGFRIENDLY.COM PROVIDES THIS SITE ON AN “AS IS” BASIS.
DOGFRIENDLY.COM MAKES NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED,
OR STATUTORY. DOGFRIENDLY.COM SPECIFICALLY DISCLAIMS ANY IMPLIED
WARRANTIES WITH REGARD TO THIS SITE’S OPERATION, INFORMATION,
CONTENT, MATERIAL, OR PRODUCTS.
DogFriendly.com makes no warranty that information and services
provided by this site will (i) meet your requirements, (ii) be
uninterrupted, timely, secure, or error-free, (iii) provide
information that is accurate and reliable, and (iv) correct errors in
the site. Any information downloaded from this site is done at your
discretion and risk including but not limited to damage to your
computer system or loss of data resulting therein.
NO INFORMATION PROVIDED BY DOGFRIENDLY.COM, WHETHER ORAL OR
WRITTEN, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS
AGREEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT DOGFRIENDLY.COM
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES FOR ANY REASON RESULTING FROM YOUR
USE OF DOGFRIENDLY.COM OR THE DOGFRIENDLY.COM AFFILIATE PROGRAM.
DOGFRIENDLY.COM AND LINKS
DogFriendly.com may provide links to other World Wide Web sites or
resources. DogFriendly.com makes no representation concerning the
content of sites linked to or referred to anywhere on this site.
DogFriendly.com cannot be held responsible for the accuracy,
relevancy, copyright compliance, legality, or decency of material
contained in web sites, locations or events referred to anywhere on
this site. DogFriendly.com explicitly disclaims any responsibility for
sites that link to or from this site.
CONTENT SUBMISSION
Through your submission of content of any kind, you grant
DogFriendly.com the license to use, distribute, reproduce, modify,
adapt, publicly perform, and publicly display such content.
DogFriendly.com will not be held liable for any misappropriation of
this submitted content by others.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the accessibility of DogFriendly.com to Internet users
globally, you agree to comply with all local rules regarding online
conduct and acceptable content, irrespective of the jurisdiction in
which you reside. You specifically agree to comply with applicable law
regarding the transmission of data exported from the country in which
you reside.
COPYRIGHT/TRADEMARKS
The logos, trademarks and service marks ('Marks') displayed on this
site are the property of DogFriendly.com and other parties.
DogFriendly.com respects the intellectual property of others. Users
are prohibited from using any Marks for any purpose without the
express written permission of DogFriendly.com.
All content and information on the DogFriendly.com's site is
protected, without limitation, by U.S. and foreign copyright laws. No
portion may be reproduced in any form, written or electronic, or
stored electronically outside of a web or internet browser, without
the prior written consent of DogFriendly.com.
JOINING THE AFFILIATE NETWORK
To join our Affiliate Network, you need to submit a complete Affiliate
Network application. We will evaluate your application and will notify
you of your acceptance or rejection shortly. We may reject your
application for any reason should we determine your site is unsuitable
for our network. This determination is at the sole discretion of
DogFriendly.com. You may reapply to our network at any time if your
application is rejected.
PROHIBITED SITES
The following types of sites are absolutely not permitted to advertise
DogFriendly.com or its products.
-Sites that promote sexually explicit material.
-Sites that promote violence to people or animals.
-Sites that promote discrimination based on race, sex, religion,
national origin, or physical disability.
-Sites that promote illegal activities.
SPAM
You agree to not utilize SPAM in promoting DogFriendly.com or any of its products or services.
This action will result in you being in violation of our affiliate agreement and may result in the
immediate termination of your affiliate account and possible legal action. You agree that if your
spamming activities results in any financial loss by DogFriendly.com then you
will immediately pay such financial losses and any allowable penalties. Emails sent by you must be to opt-in lists verified
by you and not purchased as "opt-in" lists from an unknown source. Do not post advertisements
about DogFriendly.com to a newsgroup or chat room.
PLACEMENT OF LINKS AND IMAGES
You may place our images available at:
http://www.dogfriendly.com/server/general/corp/affiliatepages/partnerlinks.shtml
on your website as many times as you like using your assigned link that you received when you
joined our Affiliate Program. You may attach supporting text to an image provided that this text is
to the best of your knowledge true, reflects upon DogFriendly.com in a positive light, and is
relevant to the purpose of promoting click-thrus to DogFriendly.com. Links from
our images or supporting our images must point to DogFriendly.com and may not point to any other website. It is
your responsibility to make sure that the link assigned to you does in fact work, and does credit
your account properly. DogFriendly.com is not responsible for errors in coding your site in html or
other languages which result in your site not receiving credit for sales that you believe you have made.
DOGFRIENDLY.COM'S RESPONSIBILITIES
DogFriendly.com will be responsible for providing all information necessary to allow you to make
appropriate Links from your site to our site. We are solely responsible for processing every order
placed by a customer following a special Link from your site, for tracking the volume and amount
of sales generated by your site, and for providing information to Affiliate
Sites regarding sales statistics. We will be responsible for order entry, payment processing, shipping, cancellations and
customer service.
MONITORING COMPLIANCE
We have the right at our sole discretion to monitor your site at any time and from time to time to
determine if you are in compliance with the terms of this Agreement. If your site is a closed
subscription site, then we require a password and other necessary information in order to verify compliance.
COMMISSIONS
Affiliates that are for profit organizations will receive a commission of
17% (approximately $3.00 of every book sold) by
DogFriendly.com to a customer referred through a valid affiliate link from the organization.
Affiliates that are non-profits or charities registered as a non-profit organization will receive a
commission of 22% (approximately $4.00 of every book sold by DogFriendly.com) to a customer referred through a valid
affiliate link from the organization.
These rates may be changed at any time, without prior notice, by DogFriendly.com simply by
updating this agreement online. It is the responsibility of the affiliate to check the agreement often in
order to be aware of the current rates in effect. No Commissions will
be earned on any sales of DogFriendly.com's products by a 3rd party
firm whether or not that purchaser first came to DogFriendly.com's
site due to an affiliate link.
SUSPICIOUS ACTIVITY
DogFriendly.com has the right at its sole discretion to terminate any
commissions at any time due to
suspicious activities at any affiliate account. These may include, but
are not limited to:
- Too many click thrus by the organization outside of an ordinary pattern
- Too many click thrus by the organization by the same IP number or other id
- Too many click thrus without the expected amount of activity as determined by previous statistics.
- Any automatic or computer generated linking designed to raise the number of click-thrus or
commissions.
The affiliate agrees that, in order to receive commissions, the
affiliate will assist DogFriendly.com to the best of its ability to prevent such activity. DogFriendly.com has the right to
remove at any time, at its sole discretion, any affiliate from a
commission program
for any or no reason.
PAYMENT OF FEES
The affiliate will be paid monthly, the first period starting on the
month after the affiliate is accepted into the network. If the
affiliate's commission for any month is less than $50, the total amount will be carried to the next month. Once commission
passes $50, a check will be sent to the affiliate at the end of that month bringing the affiliate up to date as of the end of
the month. Every effort will be made to make payments within 30 days of the end of the month for which the payment is due. If
an affiliate chooses to formally end their participation in the affiliate program than DogFriendly.com will make a final
payment within 45 days of receiving such written notice.
REPORTS
Affiliates will be given a link when they sign up at which they can check their account activity.
LICENSE GRANTS
DOGFRIENDLY.COM GRANTS TO YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (1) ACCESS OUR SITE THROUGH
THE LINKS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND (2) SOLELY IN CONNECTION WITH SUCH LINKS AND UNDER THE CONDITIONS PROVIDED FOR HEREIN, TO
USE OUR LOGOS, TRADE NAMES, TRADEMARKS, AND SIMILAR IDENTIFYING MATERIAL RELATING TO US (COLLECTIVELY,
CALLED THE "LICENSED MATERIALS"), FOR THE SOLE PURPOSE OF PROMOTING DOGFRIENDLY.COM. YOU MAY NOT ALTER, MODIFY, OR CHANGE THE
LICENSED MATERIALS IN ANY WAY WITHOUT WRITTEN PERMISSION. YOU ARE ONLY
ENTITLED TO USE THE LICENSED MATERIALS WHILE YOU ARE A MEMBER OF THE
DOGFRIENDLY.COM AFFILIATE NETWORK.
OUR RIGHTS TO USE YOUR NAME AND TRADEMARKS
You grant to us a non-exclusive license to utilize your names, titles, and logos to advertise, market, promote, and publicize
in any manner this affiliate relationship. This license shall terminate upon the effective date of the expiration or
termination of this Agreement.
TERM OF AGREEMENT
The term of this Agreement will begin upon our acceptance of your Affiliate Network 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 written notice of termination. You are
only eligible to earn commission fees or donations on sales occurring during
the term of this agreement.
JURISDICTION AND EFFECT
This agreement and the entire relationship between you and
DogFriendly.com shall be governed by the laws of the State of
California, excluding that body of law applicable to conflicts of law. You and DogFriendly.com agree that the Superior Court of
El Dorado County and/or the United States District Court for the
Northern District of California shall have exclusive jurisdiction and
venue. If any provision of this agreement is found by a court to
be invalid, the parties agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and
all other provisions of the agreement remain in full force and effect.
BUSINESS ORGANIZATION
DogFriendly.com, Inc. is incorporated under the laws
of the State of California.
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