HandicappedPets - Affiliate Program

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Terms and Conditions
	To be an authorized affiliate of HandicappedPets, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the HandicappedPets service as an affiliate. By signing up for the HandicappedPets affiliate program, you indicate your acceptance of this agreement and its terms and conditions. Affiliate: Terms and conditions This agreement is between YOU, the affiliate and HandicappedPets Inc, a New Hampshire corporation referred to in this document as "Walkin' Wheels" Our affiliate program is available to selected businesses, offering a commission on sales of Walkin' Wheels dog wheelchairs. We accept a limited number of organizations into this program and reserve the right to change the terms of the program, reject or terminate affiliates without notice or explanation. By participating in Walkin' Wheels's Affiliate internet marketing program, in consideration of participating in the Program, You agree to the following terms: 1) Spam. Under no circumstances shall You send commercial electronic mail messages as defined in the new Federal spam law, the CAN-SPAM Act of 2003 [the "Act"], with respect to Walkin' Wheels's Program. For clarification, this does not prohibit you from sending transactional or relationship messages as defined in the Act. Walkin' Wheels reserves the right to collect, withhold, or cancel any and all compensation related to the content you send via commercial electronic mail messages. 2) Tracking Tags. The tools, products and creative assets (collectively, "Assets") that are provided to You by Walkin' Wheels and/or HandicappedPets.com provide valuable information vital to the success of the Program, including information that helps make sure Transactions generated by You are properly attributed to You for Payout calculations. Thus, each of these Assets must be used in their intended manners as instructed by HandicappedPets. You agree that You will not corrupt, modify or disable the tracking functionality provided to You related to the Program. 3) Keywords, Pay Per Click advertising, and domain names involving Walkin' Wheels's trademark "Walkin' Wheels" and variations thereof. You shall not purchase search engine keywords or domain names that use Walkin' Wheels's trademark "Walkin' Wheels" and/or certain variations and mispellings thereof. You shall not purchase or register keywords, Pay Per Click advertising, AdWords, search terms, domain names, or other identifying terms that include the word "WALKIN' WHEELS", "HandicappedPets" or certain variations and mispellings thereof for use in any search engine, portal, sponsored advertising service or other search or referral service. Specifically, this policy prohibits You from: · Bidding on Walkin' Wheels's trademark, "Walkin' Wheels", and any keyword string that includes this term. For example, "Walkin' Wheels gadgets", "Walkin' Wheels apparel", "Walkin' Wheels computing", "Walkin' Wheels t-shirts", etc.; and · Bidding on variations of Walkin' Wheels's trademark: for example "Walkin Wheels","Walking Wheels", "Walkin Wheels.com", www.Walkin Wheels.com", "walkin-wheels", "Walkin Wheels", www.Walkin Wheels", "ww.Walkin Wheels.com", "walkin-wheels.com", "www,Walkin Wheels.com", "walkin.wheels", "wwwWalkin Wheels.com", "walking wheels", etc. · Purchasing domain names based on Walkin' Wheels's trademarks or variations of Walkin' Wheels's trademark: for example "walkinwheeels.com", "walkinggwheels.com", "Walkin Wheelz.com", "Walkin Wheelsproducts.com", etc. · Purchasing Pay Per Click advertising containing Walkin Wheels's trademarks or variations of Walkin Wheels's trademark: for example "walkinwheeels.com", "walkingwheels.com", "WalkinWheelss.com", "Walkin' Wheelsproducts.com", etc. If Walkin' Wheels determines, in its sole discretion, that You have purchased or attempted to purchase "Walkin' Wheels" keywords or domain names, or one of the three cited examples above, then Walkin' Wheels may (without limiting any other remedies available to it) pursue any or all of the following actions: · Withhold all compensation otherwise payable to You beginning with the date on which You purchased the prohibited trademarked terms; · Remove You from the Walkin' Wheels affiliate Program permanently; and/or · Contact the search engine in which your ad was found to ask that these ads be removed immediately and permanently. HandicappedPets, Inc. Walkin' Wheels Division 3 Bud Way, Suite 25 Nashua, NH 03063 1.3 "You", "Your" refers to each and every affiliate or sub-affiliate of the Walkin' Wheels Affiliate Program. Participation in the program constitutes full and complete acceptance of the Terms and Conditions set forth herein. 2 Walkin' Wheels Responsibilities. 2.1 Coded URL. Upon your acceptance, Walkin' Wheels will provide you with a URL coded to specifically identify you which will allow you to create a link to the Walkin' Wheels web site. You may post this link in any location, as many times as you like subject to the remaining terms of this agreement regarding acceptable links. 2.2 Tracking. Walkin' Wheels agrees to track the customers referred to Walkin' Wheels via the link provided to you for that purpose. Walkin' Wheels will pay you a commission for each such referral made in compliance with this agreement pursuant to the commission schedule and the terms set forth in this affiliate agreement and based upon section 4.2 of this agreement.. 3 Affiliate Responsibilities. 3.1 Minimum Age. You agree that you are 18 years of age or older on the date that you first approve the terms hereof. You agree that you are in a jurisdiction where participation in the Walkin' Wheels Affiliate Program does not violate any law, ordinance, regulation or standard. 3.2 Operative Link. You agree to take full responsibility for ensuring the proper and continuing operation of your coded URL. You agree that you will notify Walkin' Wheels if your coded URL ceases to function or ceases to function properly. 3.3 Representations. You agree that you will not make any representations, promises, warranties or other statements about Walkin' Wheels or the Walkin' Wheels web site, products or policies other than as may be expressly approved in writing by Walkin' Wheels or as otherwise provided to you by Walkin' Wheels for that purpose. 3.4 Link. You may use the coded URL provided by Walkin' Wheels via the available Walkin' Wheels Link Library or in any other form you wish provided that your use of the URL is not in any way disparaging of Walkin' Wheels or otherwise not appropriate or acceptable in Walkin' Wheels sole opinion and judgment. You may not violate any copyright, trademark or other intellectual property right of Walkin' Wheels or any other party. You may not violate the Walkin' Wheels General Terms of Service. 3.5 Amendments. You agree that this agreement may be amended by Walkin' Wheels at any time without notice to you. You agree to keep advised of any changes to this agreement by checking the Walkin' Wheels web site on a periodic basis. 3.6 Customers of Walkin' Wheels. Walkin' Wheels will have the sole right and responsibility to service all customers secured through your coded URL. All dealings with customers shall be directly and solely between customer and Walkin' Wheels. Walkin' Wheels shall have the right and obligation to determine all pricing and product offerings and shall have the right to make any changes thereto without notice to any affiliate. 4 Commissions. 4.1 Commission Rate. The Commission Rate is 10% of the price if the Basic Walkin' Wheels Dog Wheelchair. Accessories and other items purchased with the wheelchair are not commissionable. 4.2 Qualified Commission. A "qualified commission" is one for which the purchaser of the Walkin' Wheels a) Pays the full price for the wheelchair. Dealer, Veterinary, Rehab Facility, and professional signups are not commissionable. b) Does not return the product for refund. Walkin' Wheels shall make all decisions as to whether any commission is a "qualified commission". Free (i.e. Promo, Education, Training, Sponsored, Donated, etc) accounts will not receive commissions of any kind. The use of coupon codes not authorized by Walkin' Wheels in direct response with affiliates negates any affiliate commission on any/all purchases or referrals. 4.3 Payment Date. Walkin' Wheels will pay to you all qualified commissions on or before the end of the month following the date upon which the commission becomes a qualified commission. Commissions are paid via US Check (in increments of $195 or more) or via PayPal or Wire Transfer (in increments of $500 or more for either). 4.4 Timing of Calculation. Walkin' Wheels agrees to pay you the commission set forth in paragraph 4.1 herein in effect at the time such commission becomes a qualified commission. The commission amount or any other term of this agreement may be changed by Walkin' Wheels at any time without notice to you. It is your obligation to check this agreement document and the Affiliate FAQs regularly to keep advised of any such changes. 4.5 No Internal Sales. You understand and agree that you will not earn a commission on the purchase of your own products. 4.6 Payment Form. Commissions will be paid either via Walkin' Wheels check sent to the address you provide at registration of your affiliate account or directly to your PayPal account or bank account provided to the Affiliate Department. Any changes to this preference may be made via email to \n affiliates@handicappedpets.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Walkin' Wheels is not responsible for any loss or damage sustained as the result of any dealings with or otherwise arising out of disputes with PayPal or your personal bank. . 5 Ownership and Licenses. 5.1 Property Ownership. Each party to this agreement shall retain all right, title and interest in its 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. 5.2 License. Walkin' Wheels grants you as an affiliate a revocable, non-exclusive, worldwide License to use, reproduce and transmit the Walkin' Wheels logos, trademarks and service marks on your site and only your site for the sole purpose of facilitating a link between your site and Walkin' Wheels to accomplish the purpose and intent of this affiliate agreement. You may also use the links and images located in the link library prepared specifically for that purpose subject to the same terms and conditions. You may not otherwise use, copy, distribute, change, modify, or otherwise alter any such property. This License is neither assignable nor transferable. 5.3 Cease use upon demand. You agree to immediately cease the use of any mark upon request made by Walkin' Wheels to the email address provided by you and maintained on file for you by Walkin' Wheels. You agree to immediately cease the use of any link created by you to Walkin' Wheels upon request by Walkin' Wheels to the email address provided by you and maintained on file for you by Walkin' Wheels. 6 Termination. 6.1 Effect upon Commission. Either party may terminate this agreement at any time upon notice in writing to the other party. Other than any termination under paragraph 6.2 herein, any commission which has become a qualified commission as of the date of such termination will be paid post termination. Any commission which is not a qualified commission as of the date of notice of termination shall not thereafter become a qualified commission and your affiliate account (and any remaining earnings not qualified under these terms) will be deleted immediately.. 6.2 Breach of this agreement. The breach of this agreement, or any provision thereof, knowingly or otherwise, willful or otherwise, is grounds for immediate suspension or at the sole option of Walkin' Wheels termination of this agreement in its entirety. 6.2.1 Suspension. Suspension under this paragraph shall mean the withholding of all commission payments qualified or otherwise until such breach is cured. Suspension if not cured within a reasonable time as determined by Walkin' Wheels will become a termination under 6.2 as of the date of the initial suspension. 6.3 Survival. Upon termination of this agreement all rights and licenses granted by this agreement are immediately revoked. Paragraph 3.6, section 6 (Termination), Paragraphs 7.1 through 7.14 (inclusive) and 7.16 - 7.19 shall survive such termination and remain in full force and effect. 7 General. 7.1 Authority. Each party represents to the other that it has full binding authority to enter into this agreement and in the case of any entity other than an individual that the parson assenting to the terms of this agreement has the full binding authority of the entity purportedly bound. 7.2 Non-Infringement. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Walkin' Wheels that you will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy. 7.3 Violation of Law. That you will not violate any applicable law, ordinance, regulation or standard. 7.4 Terms of Service. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Walkin' Wheels that you agree to be bound by the Walkin' Wheels General Terms of Service which are incorporated herein as though set forth at length herein. 7.5 Unsolicited Email. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Walkin' Wheels that you will not use or otherwise permit the use of unsolicited commercial email (a.k.a. SPAM) in relation to the Walkin' Wheels Affiliate Program. 7.6 Defamation/Libel. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Walkin' Wheels that you will not transmit any information which is or might be considered to be negative, defamatory, or libelous. 7.7 Decency. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Walkin' Wheels that you will not transmit any information which is or might be considered to be objectionable. 7.8 Unfair Competition. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Walkin' Wheels that you will not violate any laws regarding unfair competition, anti-discrimination or false advertising or the Walkin' Wheels General Terms of Service. 7.9 Promote Violence. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Walkin' Wheels that you will not take any action which might promote violence or contain hate speech. 7.10 Damage Walkin' Wheels. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Walkin' Wheels that you will not take any action that would in any way damage Walkin' Wheels . 7.11 No Automatic Links. You agree not to utilize any link that is or can be initiated automatically without the user clicking on the link. 7.12 WARRANTY DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT ANY SERVICES OR MATERIALS PROVIDED BY WALKIN' WHEELS PURSUANT TO THIS AGREEMENT ARE PROVIDED AS IS, WITH ALL FAULTS AND AS AVAILABLE, AND THAT WALKIN' WHEELS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF ON AND BEHALF OF ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS, ANY WARRANTIES AS TO THE USEFULNESS, ACCURACY, RELIABILITY OR EFFECTIVENESS OF ANY SERVICES OR MATERIALS PROVIDED HEREUNDER OR THAT THE SERVICES PROVIDED HEREUNDER WILL BE UNINTERRUPTED, ERROR FREE OR AVAILABLE THROUGH ANY PARTICULAR METHOD OF DISTRIBUTION, OR THAT ANY SERVICES OR MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT WILL WORK WITH EVERY ANIMAL, OR THAT DEFECTS HAVE BEEN OR WILL BE CORRECTED, OR THAT SUCH SERVICES OR MATERIALS WILL MEET THE NEEDS OF ANY PARTY. WITHOUT LIMITING THE FOREGOING, AND EXCEPT AS OTHERWISE PROVIDED HEREIN, WALKIN' WHEELS DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL WALKIN' WHEELS BE LIABLE TO YOU FOR ANY FAILURE, INJURY, MEDICAL BILLS OR OTHER DAMAGES UNDER THIS AGREEMENT. 7.13 LIMITATION OF LIABILITY. IN NO INSTANCE SHALL WALKIN' WHEELS BE LIABLE TO YOU FOR LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER OR NOT WALKIN' WHEELS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT COMMISSIONS AGREED UPON IN THIS AFFILIATE AGREEMENT ARE BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Notwithstanding the foregoing, this section shall not limit either party liability to the other for (i) willful or malicious misconduct; (ii) gross negligence; (iii) indemnification under Section 7.12 or (iv) either party's liability for death or personal injury or their own acts of fraud. 7.14 Indemnification. You agree to indemnify, defend and hold harmless Walkin' Wheels and its affiliates, directors, officers, employees and agents, harmless of and from any and all liability, losses, damages, injuries or expenses (including attorney's fees and expert witness charges) arising out of any claimed or alleged action or inaction toward any third party whether such claimed or alleged action or inaction arises out of a claim of misuse of copy written materials, License violation, domain misuse, trademark misuse or any active or passive negligence. 7.15 Independent Contractors. Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect. 7.16 Choice of Laws /Venue. This Agreement has been made in and shall be construed and enforced in accordance with the laws of the state of New Hampshire. Any action to enforce this Agreement shall be brought in the federal or state courts located in the County of Hillsboro.. 7.17 Severability. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part. 7.18 Integration. This agreement constitutes the entire understanding of the parties and revokes and super cedes any and all prior agreements and is intended to be a full and complete expression of the agreement between the parties. This agreement shall not be modified except in writing by the posting of a new agreement by Walkin' Wheels on the Walkin' Wheels web site. 7.19 Use constitutes Signature. Your agreement to the terms set forth herein is manifested by any participation in the Walkin' Wheels Affiliate Program including the submission of the affiliate application form and the collection of any commission under this agreement. This agreement may be modified, amended, altered or otherwise changed by Walkin' Wheels without notice to any other party other than changing the agreement itself made available by Walkin' Wheels to the affiliates on the Walkin' Wheels web site.
	I have read, understand and agree to the above terms and conditions.

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