Terms and Conditions of the TrainPetDog.com Affiliate Program
This agreement describes the entire terms and conditions which govern your participation in TrainPetDog.com's Affiliate Program, and the following definitions apply:
"Affiliate", "You", and "Your" refer to you, the applicant; "We", "Our" and "Us" refer to Trainpetdog Ltd. (the parent company of this web site) and TrainPetDog.com; "Referring WebSite" refers to the website from which you optionally link to our website; "Products" refers collectively to all the products sold by us for which you are eligible to receive affiliate commissions.
Referring Website: Affiliate may provide a link from a Referring Website to our website and earn referral fees as outlined below. Affiliate may remove said link from a Referring Website and re-link to our website at any time without prior approval. Affiliate may not display our name or link in any way that may defame us or mislead the customer.
Affiliate may not link to our website from a Referring Website which promotes spam as described in this Agreement, pornographic material, violence, illegal activities such as software piracy, or discrimination based on race, gender, religion, national origin, physical disability, sexual orientation, or age.
We have the right, but not the obligation, to pre-approve the graphics and logos used on a referral website which is linked to our site. Furthermore, the Affiliate shall annotate its site with appropriate copyright, trademark and other similar notices.
We shall have the right, but not the obligation, to monitor the Affiliate's Referring Website at any time and from time to time to determine if it is in compliance with the terms and conditions of this Agreement. We shall have the right, but not the obligation, to approve, in our sole and absolute discretion and with due regard to the protection and preservation of the goodwill of our Products, any promotional, advertising or marketing item used by the Affiliate. The Affiliate shall make all deletions and modifications suggested by us on any site where our Products are mentioned.
No Frames: Affiliate may not put our websites in frames under any circumstances.
Referral URL: Affiliate may advertise our services using Affiliate's assigned URL (Universal Resource Locator) rather than, or in addition to, placing a link to our site on a Referring Website. Affiliate is solely responsible for ensuring that Affiliate's assigned URL is used in Affiliate's advertising, and Affiliate agrees that we can not calculate referral fees otherwise.
Bidding on Keywords: While Affiliate is allowed to promote our affiliate program by bidding on keywords in different search engines, Affiliate cannot bid on any keyword that contains words and phrases like trainpetdog, trainpetdog.com, train pet dog, dogtraininginstitute, dog training institute, dogtraininginstitute.com or any derivatives of such words and phrases. Affiliate cannot also directly link to our web site from the affiliate's ad in the search engines; the Affiliate must promote Affiliate's own web site which may in turn promote our site.
Affiliate agrees that we will terminate this Agreement, withhold all referral fees due and recover the referral fees arising from such activities that have already been paid to Affiliate, if Affiliate is found in violation of this policy.
No Spamming: Promoting our Products via unsolicited email is strictly prohibited, and affiliate agrees to not reference us in any way, shape, or form, in any email that Affiliate sends in which the recipient has not specifically asked to receive it. In the case of mailings which are conducted by a third party on Affiliate's behalf, Affiliate assumes full responsibility and is advised to perform due diligence to ensure that the mailing list is in fact 100% opt-in. Furthermore, Affiliate may not link to our site from any URL that is promoted via unsolicited email. Affiliate may reference our services in discussion groups, message boards, social networks, blogs, USENET newsgroups and other such online communities as long as this is done in a way that does not violate the conditions of participation in those communities.
Affiliate agrees that we will terminate this Agreement and withhold all referral fees due if Affiliate is found in violation of this policy.
Qualifying Orders: We reserve the right to reject any order for our Products that does not comply with our policy. Affiliate will not attempt to receive referral fees for any purchase made directly or indirectly by him/herself or by any person who is directly or indirectly related to the affiliate in a personal or professional capacity. Affiliate will not receive referral fees if Affiliate places an order on behalf of a Customer - for receiving referral fees, the Customer must place the order him/herself.
If Affiliate is found to have attempted to defraud us by trying to receive referral fees for any purchase made directly or indirectly by him/herself or by any person who is directly or indirectly related to the affiliate in a personal or professional capacity, such determination to be made by us at our sole discretion, Affiliate agrees that we will terminate this Agreement, withhold all referral fees due to Affiliate, and recover the referral fees arising from such activities that have already been paid to Affiliate.
Prices: Prices of our Products may be changed at any time, solely at our discretion, by posting the revised prices in our Website. Affiliate acknowledges that changes in the prices of our Products will change the referral fees earned by Affiliate. Because of the possibility that the prices of our Products may be changed in the future, the Affiliate shall NOT specify a price point for our Products in its marketing and advertising.
Referral Fee Amounts: The up-to-date referral fees due to Affiliate for each qualified order generated by the Affiliate, and the Second-Tier referral fees due to Affiliate for each qualified order generated by other affiliates who had been referred to us by Affiliate are listed in our web site and may be changed at any time by us by posting the revised referral fees in our web site.
Definition Of Second-Tier Affiliates: A Second Tier Affiliate is defined as a third party that is in no way personally or professionally related to Affiliate. Affiliate is not permitted to register for our Affiliate Program more than once, and any attempt to artificially inflate Affiliate's referral fees will be grounds for immediate termination of this Agreement.
Affiliate understands that we monitor all affiliate registrations and orders, and agrees that we will terminate this Agreement and withhold all referral fees due if Affiliate is found in violation of this policy.
Referral Fee Payments: All referral fee payments are made through PayPal. We will send a PayPal payment in U.S. dollars for the applicable referral fees on or before the 10th day of each calendar month for the previous month's referral fees, as long as the amount due to Affiliate is more than or equal to the minimum payment amount noted in our web site. If the amount due to Affiliate is less than the minimum payment amount, the amount will be carried forward to the next month. Referral fee overpayments may be deducted from future payments or shall be reimbursed by the Affiliate within 7 days from the time that Affiliate receives a notice from us for such reimbursement, such reimbursements also being made using PayPal. An online statement of customer purchase activity is available to Affiliate at all times.
Returns And Cancellations: If referral fee qualifying orders are cancelled by Affiliate's customer, or if we have to issue a refund to Affiliate's customer for any reason, the corresponding referral fee(s) will be deducted from Affiliate's next monthly referral fee payment. If the said referral fee(s) are less than the amount due to Affiliate, the Affiliate will be billed for the balance amount and Affiliate will reimburse this balance amount to us within 7 days from the time that Affiliate receives a notice from us for such reimbursement, such reimbursements being made using PayPal.
Tax Reporting: Affiliate shall be responsible for all taxes and other similar levies applicable to the referral fees pursuant to any law or regulation. The Affiliate shall report the referral fees to its taxation authorities as required by law.
Our Policy: Every customer who purchases from us after having been referred to us by the Affiliate is deemed to be our customer. We will be in direct contact with the customer for the purpose of fulfilling the customer's order. Affiliate shall refer all questions, requests or queries regarding our Products to us. Affiliate does not have the authority to make or accept any offer on behalf of us. We are not responsible for any representations made by Affiliate which contradict our policies, and our policies will always determine the purchase price of our Products.
Service Interruption and Tracking: We will make every effort to ensure that our website is operational, and to track Affiliate's referred customers. However, certain unavoidable technical difficulties may occasionally cause temporary service and tracking interruptions. Affiliate agrees that we are not liable in any way for such interruptions and that Affiliate will not receive any referral fees that may have been due to Affiliate for any order that was placed during such service and tracking interruptions.
In addition, while every effort will be made to accurately track Affiliate's referred customers, Affiliate acknowledges that no tracking system is perfect and that Affiliate will not earn any referral fees in case a customer who had been referred to us by the Affiliate was not tracked properly because of an unavoidable failure in the tracking system.
References/Testimonials: Affiliate agrees to cooperate with us in the development of press releases, testimonies, and other such marketing materials. Affiliate grants us unlimited rights to reference Affiliate in any and all marketing materials, without further compensation.
Title: Title, ownership, and intellectual property rights involved in our Services shall remain with us.
Copyrights: Affiliate is responsible for ensuring that Affiliate's advertising obeys all applicable copyright and trademark laws. We grant Affiliate the right to use our name in acceptable marketing materials, but we are not responsible for Affiliate's misuse of any copyrighted material.
Limitation Of Damages: We shall have no liability for any indirect, incidental or consequential damages, or any loss of revenue arising under or with respect to this agreement or the Affiliate program, even if we have been advised of the possibility of such damages.
Term and Termination: This agreement will be in operation from the day the Affiliate signs up for our affiliate program. We have the right to terminate this Agreement at any time, either due to breach of its terms or otherwise, by notifying the Affiliate through email. Please note that it is our intention never to terminate the Affiliate Program. However, we reserve the right to do so in response to changes in market conditions. The Affiliate may terminate the Agreement at any time by notifying us through email. If the Agreement has not been terminated due to breach of its terms, the final referral fee payment to Affiliate will be made to Affiliate within a reasonable period of time after the termination of the Agreement. If the Agreement has been terminated because of breach of its terms by the Affiliate, the Affiliate will automatically forfeit any referral fees then receivable or receivable in the future. Upon termination of the agreement, Affiliate will stop promoting us and will remove all links to our web site from Affiliate's web sites. The clauses titled "Qualifying Orders", "Returns and Cancellations", "Our Policy" and "Jurisdiction" will survive the termination of this agreement.
Agreement Modification: We may, in good faith, modify any of the terms and conditions contained in this Agreement (including, but not limited to, the Referral Fee Amounts), at any time and in our sole discretion. It is our intention to keep Referral Fee Amounts as stated. However, we reserve the right to alter the Referral Fee Amounts at any time. Any credit accumulating after such change will be at the new rate, i.e. the Affiliate is not guaranteed to have the same rate as the one started with. This is not a loophole to defraud Affiliate, but a way for us to prepare for anything unforeseeable in the rapidly changing world of the Internet and electronic commerce. If any modification to this Agreement is not acceptable to the Affiliate, its only recourse is to terminate this Agreement.
Independent Investigation: Affiliate acknowledges that it has reviewed this Agreement and agrees to all its terms and conditions. The Affiliate understands that we may at any time solicit customer referrals on terms that may differ from those contained in this Agreement or operate Websites that are similar to or compete with the Affiliate's Website. The Affiliate has independently evaluated the desirability of participating in the Program and is not relying on any representation, guarantee or statement other than as set forth in this Agreement.
Force Majeure: Our failure to perform any term or condition of this Agreement as a result of conditions beyond our control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of this Agreement.
Jurisdiction: This Agreement shall be governed by the laws of the State of West Bengal in India. Exclusive jurisdiction and venue for any dispute arising out of or related to this Agreement shall be in the courts serving the city of Kolkata in West Bengal, India.
Miscellaneous: This page represents the complete agreement between us and Affiliate concerning the subject matter of this Agreement and supersedes all prior and contemporaneous understandings and agreements between the parties concerning the subject matter of this Agreement. No delay or failure by us to act in the event of a breach or default hereunder shall be construed as a waiver of that or any succeeding breach or waiver of the provision itself. Affiliate is an independent contractor, and nothing in this Agreement shall create any form of partnership, joint venture, franchise, agency, or employment relationship between the parties. Affiliate will not be treated as our employee. Affiliate shall not assign this Agreement, by operation of law or otherwise, without our prior express written consent. Subject to the foregoing, this Agreement is binding upon, insures to the benefit of, and is enforceable by the parties and their respective successors and assigns. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it valid or enforceable, and the remainder of this Agreement shall not be affected.