Affiliate Agreement

This agreement describes the entire terms and conditions for participation in THE ONLINE DOG TRAINER'S D♡GGY DAN Affiliate Program. Please also see our Affiliate Rules HERE.

As an authorized affiliate (Affiliate) of The Online Dog Trainer (TODT), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting TODT as an Affiliate.

Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to TODT by your own website or personal referrals.

By signing up for the TODT Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.

1. Approval or Rejection of the Application

We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.

2. Commissions

What constitutes a commission?

For an Affiliate to receive a commission, the referred account must remain active, and not be refunded within our 30-day refund period. Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.

When are commissions paid?

Commissions will be paid once a month, on the 1st of each month, with a 30 day buffer in between to avoid refunds. This means that if, for example, we were paying Affiliates on the 1st of August, we would select all the transactions that generated commission and were not refunded within the month of June, skipping July. July would be the buffer month to protect us from commission-related refunds.

How are commissions paid out?

Affiliate payouts are paid via PayPal, to the email address you joined the program with THAT IS SPECIFICALLY associated with your PayPal account. When you signed up, you were asked to add your PayPal email. If you did not provide that email address, we cannot pay you until we have it. Contact support to get this rectified (and for any other issues) at [email protected]

Is there a minimum payout threshold for commission payments?

Yes, Affiliates need to accumulate over $100 USD before a payment can be made.

Can I purchase using my own Affiliate links?

No, you cannot refer yourself, and you will not receive a commission on your own accounts.

Is there a limit on the number of commissions per referral?

Yes, if someone clicks the link on your site and and goes on to order through multiple Affiliate accounts, then you will receive a commission on the first order only.

3. Termination

Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:

Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
Spamming (mass email, mass newsgroup posting, etc.).
Advertising on sites containing or promoting illegal activities.
Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
Violation of intellectual property rights. TODT reserves the right to require license agreements from those who employ trademarks of TODT in order to protect our intellectual property rights.
Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with TODT, however, is acceptable.
Self referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, TODT reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
See our Affiliate Rules for more termination reasons HERE

4. Affiliate Links

You may use graphic and text links both on your website and within in your email messages. You may also advertise the TODT site in online and offline classified ads, magazines, and newspapers.

You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.

5. Coupon and Deal Sites

TODT occasionally offers coupons to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:

Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
Affiliates may not bid on TODT Coupons, TODT Discounts or other phrases implying coupons are available.
Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.

6. Pay Per Click (PPC) Policy

PPC bidding is NOT allowed without prior written permission.

7. Liability

TODT will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).

We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by TODT. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

8. Term of the Agreement

The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.

The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.

9. Indemnification

Affiliate shall indemnify and hold harmless TODT and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by TODT to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.

10. Governing Law, Jurisdiction, and Attorney Fees

This Agreement shall be governed by and construed in accordance with New Zealand. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in New Zealand.

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.

11. Electronic Signatures Effective

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the TODT affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the TODT application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.

FTC

By choosing to sell products created by The Online Dog Trainer you agree to abide by the United States FEDERAL TRADE COMMISSION 16 CFR Part 255 Guides Concerning the Use of Endorsements and Testimonials in Advertising.

This applies to any promotional material that you might create to promote our products including reviews, blogs, advertisements, articles and websites. In particular you agree that you may make no unsubstantiated claims about the performance of our products, or publish testimonials that do not reflect typical results.

Failure to adhere to the terms of this agreement will result in the immediate termination of our business relationship, and the deactivation of your ClickBank hoplink to our products. We will be continuously monitoring the activity of our affiliates to ensure that they abide by this agreement. Please click here for more FTC Information.

Copyrighted Material:

The participant is solely responsible for ensuring that your reviews and descriptions comply with all applicable copyright, Affiliate Rules and other laws and shall hold THE ONLINE DOG TRAINER harmless for any violations thereof.

Customers of THE ONLINE DOG TRAINER:

Every customer who purchases a product is deemed to be a customer of THE ONLINE DOG TRAINER . THE ONLINE DOG TRAINER is not responsible for any representations made by the Participant which contradict our policies.

Pricing and Availability:

All prices shall be established by THE ONLINE DOG TRAINER. THE ONLINE DOG TRAINER reserves the right to market themselves in their own capacity and charge any price they deem fit. In case of any price discrepancies, the price charged to the customer will always be the price listed on the web page linked from your sponsoring web site.

Operation of Web site and Processing:

THE ONLINE DOG TRAINER will make all reasonable efforts to keep its web site operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. THE ONLINE DOG TRAINER shall not be liable for any of the consequences of service interruptions, which may occur.

Modification and Cancellation:

THE ONLINE DOG TRAINER reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting said new terms on this web site. Said modifications shall be deemed accepted by participant.

Independent Contractors:

Participants of THE ONLINE DOG TRAINER affiliate program are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties.

Limitations of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, THE ONLINE DOG TRAINER WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL OR ACTUAL OR ANTICIPATED REVENUE, PROFITS OR LOST BUSINESS), EVEN IF THE ONLINE DOG TRAINER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL THE ONLINE DOG TRAINER’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAYABLE TO YOU UNDER THIS AGREEMENT.

Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Miscellaneous

Entire Agreement. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. This Agreement may not be amended except in writing signed by the parties. Each party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.

Assignment. You may not assign your rights or obligations under this Agreement to any party.

Applicable Law. This Agreement shall be governed by and interpreted in accordance with the laws of New Zealand, without regard to the conflicts of laws, rules and principles thereof.

Severability. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

Notices. Any notice required under this Agreement may be given by email, fax or written letter to the number or address you provide.

You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.

The application of the United Nations Convention on Contracts for the International Sale of Goods, as amended, is expressly excluded.