Affiliate Terms and Conditions

Revised: 2019-01-13

To become a 2 Pups N’ Cat affiliate all applicants must agree to our Affiliate terms and conditions which constitute as a legal agreement (“Agreement”) between you (“Affiliate”) and 2 Pups N’ Cat LLC. By registering as an affiliate with 2 Pups N’ Cat, Affiliate is agreeing that affiliate has read and understands 2 Pups N’ Cat affiliates terms and conditions and Affiliate agrees to be legally responsible for each and every term and condition set forth in this agreement.

1. Affiliate Acceptance:  2 Pups N’ Cat reserve the right to deny any affiliate into our program. 2 Pups N’ Cat will evaluate each affiliates business and website against our internet affiliate program policy and guidelines to determine acceptance into our affiliate program. 2 Pups N’ Cat reserves the right to remove an affiliate from our affiliate program at any time without written notice if 2 Pups N’ Cat determines, in its sole discretion, that an affiliates business model, marketing material, website, or method of doing business is unsuitable for our affiliate program. Unsuitable sites include but not limited to business that promote violence, promote discrimination, promote the use e-mail spam, promote illegal activities, violate intellectual property rights, or violate that nature of our business. All affiliates must sign and keep current with 2 Pups N’ Cat a W9 IRS form. No payments will be made and all payments will cease until a current W9 is received from affiliate.

2. Compensation  Compensation will be paid per the affiliate commission schedule that is posted on 2 Pups N’ Cat public website. Compensation is paid by PayPal transfer (affiliate must have a PayPal account) into affiliates account on or about the last business day of each month. “Lead” means any business contact that is interested in opening a new account. The lead must be a United States company or individual, and their contact information provided must be genuine. If two affiliates register the same lead the affiliate that first registers the lead has the rights to the payout for that lead. Registering a lead can be accomplished by several means by the affiliate. Either by entering manually the leads information into the affiliate lead form inside the affiliate portal, using the affiliates customized URL, or if a lead calls in and references affiliate as the referrer.

3. Receive Payment  In order for affiliate to receive payment from 2 Pups N’ Cat affiliate must enter their PayPal email address in the affiliate portal. Unites States-based affiliates also must complete and keep current an IRS W9 form. International affiliates must complete and keep current a W-8BEN IRS tax form. All forms can be found inside the 2 Pups N’ Cat affiliate portal.

4. Revision of Commission Rates  2 Pups N’ Cat reserves the right to change at anytime the affiliate commission schedule. 2 Pups N’ Cat will provide (30) days written notice of such changes to affiliate. 2 Pups N’ Cat may provide such notice via e-mail address. Is it the affiliates responsibility to keep their email address current. 2 Pups N’ Cat is not responsible for undeliverable emails.

5. Cookie Length  2 Pups N’ Cat tracks referrals by the use of browser cookies that are associated with the affiliate tracking URL’s. The lifespan of the cookie is (365) days. This means if a potential lead returns to the 2 Pups N’ Cat website to complete a merchant application, purchases equipment, or purchases any other services from 2 Pups N’ Cat the referral will still be attributed to affiliates account. The cookie must be active on referral’s computer/equipment for tracking to take place.

6. Duplicate Referrals  Once a business is recorded as a lead in our affiliate system the lead belongs to the referring affiliate for (365) days. If the same referral is referred by another affiliate during these 365 days, the primary affiliate has all rights to the lead. If the lead does not become an active customer of 2 Pups N’ Cat within the (365) days the business is eligible to become a valid lead again for any affiliate.

7. Self Referrals  Affiliates are not eligible for a commission or bonuses, directly or indirectly, of a registered affiliate or an entity owned or controlled, in whole or in party by an affiliate. No payout will be made to affiliate for a direct or indirect self-referral, or any referral that 2 Pups N’ Cat in its sole discretion determines to be a self-referral.

8. Referral Disclaimer  2 Pups N’ Cat is not responsible for any lost referral. This includes but not limited to:

  1. Improper or erroneous tracking implementation by affiliate. This includes but not limited to iFrames, misspelled affiliate URL’s, multiple URL redirection, website page changes on 2 Pups N’ Cat website, changes and/or updates to referring URL’s.

  2. The referral computer/equipment does not accept or utilizes cookies.

  3. Referral deletes cookies from computer/equipment

  4. Referral directly contacts us after the cookie has expired.

9 Spam  2 Pups N’ Cat has a STRICT no spam policy. 2 Pups N’ Cat does not SPAM of any kind. This includes but limited to:

  1. Sending unsolicited e-mails

  2. Posting to any inappropriate forums, groups, newsgroups, blogs, websites, that do not allow the business content of that nature.

  3. Using 2 Pups N’ Cat name or any of our third parties name in an unsolicited way. In use of 2 Pups N’ Cat name or any of our third parties name must have prior permission before using.

10. Image Display and Affiliates Links  An affiliate site and place of business shall display 2 Pups N’ Cat graphic images prominently throughout the affiliate’s site in locations that affiliate determines are most suitable. Affiliate shall NOT alter, modify, or expand the graphics, links, or and 3rd party graphics in any way unless prior WRITTEN consent is given. Each URL connecting referrals of affiliates site to 2 Pups N’ Cat will in no way alter the look, feel, or functionality of 2 Pups N’ Cat site. 2 Pups N’ Cat has the right and will monitor Affiliates site at any time and from time to time to determine if the affiliate is in compliance with the terms and condition set forth.

11. Limited License  2 Pups N’ Cat grants affiliate a limited, non-exclusive, non-transferable license during the term of this affiliates participation in the 2 Pups N’ Cat affiliate program., to use approved text, images, marketing material owned by 2 Pups N’ Cat for the sole purpose of marketing and advertising 2 Pups N’ Cat. Affiliate may not alter or modify in away URL’s, images, text, marketing material, logo’s, trade names, trademarks, or any other intellectual property, or 3rd party intellectual property without prior WRITTEN consent from 2 Pups N’ Cat. Affiliate can ONLY utilize approved images, text, logo’s, marketing material, URL’s, and any other intellectual property, that 2 Pups N’ Cat provides to affiliate. 2 Pups N’ Cat reserves all rights in its trade names, trademarks, and all other intellectual property. The license herein granted to affiliate shall automatically and immediately cease upon termination of the 2 Pups N’ Cat affiliate program. Except for rights expressly granted in writing herein, this agreement does not transfer any intellectual property or technology of 2 Pups N’ Cat to affiliate; and all rights, title, and interest in such intellectual property and technology, whether developed, licensed or owned by 2 Pups N’ Cat shall remain with 2 Pups N’ Cat. Affiliate agrees that it will NOT, directly or indirectly, reverse engineer, disassemble, decompile, or otherwise attempt to derive source code, trade secrets, or any other confidential information of 2 Pups N’ Cat.

12. Relationship of the Parties  Each party shall be deemed an independent contractor (1099 contractor). Nothing contained in this agreement shall be deemed or construed in any manner as creating a partnership, joint venture, employment, agency, fiduciary, ISO, or any other relationship. Affiliate is responsible for allowed taxes on the compensation paid by 2 Pups N’ Cat to affiliate. Affiliate will be sent a 1099 earnings statement by 2 Pups N’ Cat. Affiliate IS NOT an employee of any kind and does not receive any type of benefits of employee status with 2 Pups N’ Cat as the affiliate is an independent 1099 contractor. Affiliate are referred to as affiliates in this agreement only to identify their rights and obligations hereunder and such affiliates are not and shall not be an affiliate of 2 Pups N’ Cat for any other purpose. Neither party has the authority to bind the other.

13. Future Employment  If an affiliate becomes a direct employee of 2 Pups N’ Cat any and all payouts of affiliates accounts will stop. Only with direct written consent from 2 Pups N’ Cat can accounts from affiliates portfolio be transferred and continued payout be made on such accounts.

14. Assignment  Affiliate shall not have the right to assign, transfer, or sell any payouts or future payouts without prior written consent from 2 Pups N’ Cat. 2 Pups N’ Cat has the right to assign any right, duty, obligation, or interest in the agreement whatsoever to any party without the written consent of any affiliate. Nothing in this agreement is intended to confer any rights or remedies on any entity that is not a party to this agreement.

15. Term and Termination  2 Pups N’ Cat may terminate this agreement and all payments and future payments will stop:

  1. Upon (14) days prior written notice if affiliate fails to refer any leads to 2 Pups N’ Cat for a period of (90) days or more.

  2. 2 Pups N’ Cat in its sole discretion can terminate this agreement at any time without written notice that deems affiliate to be in violation of any provision in this agreement.

  3. If affiliate becomes a direct employee of 2 Pups N’ Cat this agreement will be terminated on the day of accepting offer letter from 2 Pups N’ Cat.

  4. Agreement is immediately terminated upon the insolvency or dissolution of affiliate

  5. The agreement is immediately terminated upon the change in control of affiliate, either by the change of owner, selling or transfer of affiliates business or acquisition of affiliate by another entity.

  6. Upon (30) days prior written notice for any reason

16. Limitation and Liability  2 Pups N’ Cat shall not be liable to affiliate or to any other third party for any incidental, indirect, consequential, reliance, or exemplary damages arising out of or relating to this agreement or any services from 2 Pups N’ Cat or our 3rd party vendors; whether foreseeable or unforeseeable, and whether based on breach of any express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort, or other cause of action including but not limited to, damages for loss of data, goodwill, profits or interruptions in use or availability of data, even if such party has been advised of the possibility of such damages. 2 Pups N’ Cat also the aggregate liability to any affiliate arising with respect to this agreement and under the affiliate program will not exceed the total compensation paid or payable by 2 Pups N’ Cat to affiliate under this agreement.

17. Indemnification  Affiliate shall indemnify and hold 2 Pups N’ Cat harmless from any and all losses, damages, liabilities, and expenses, including attorney’s fees and costs arising out of the manner the affiliate finds leads an affiliates failure to comply with applicable law.

18. Compliance With Applicable Law  Affiliate shall and must fully comply with laws, statues, and federal and/or state regulations and laws in the performance of any activities under this agreement.

19. Modification and Amendment  2 Pups N’ Cat may modify any of the terms and conditions in the agreement at any time and in our sole discretion. 2 Pups N’ Cat will keep current terms and conditions on the 2 Pups N’ Cat and will e-mail associates at the e-mail address that is associated with an associate of all changes and modifications. Modification may include, but are not limited to, changes to the commission structure, residual fees, payment payout schedule, payment procedures, changes in the scope of available commission fees, and affiliate program rules and obligations. If any changes or modification is unacceptable to an affiliate, the affiliate only recourse is to terminate this agreement. Affiliates continued participation in the affiliate program following our posting and notification of any changes or modification with the continued participation in our affiliate program will constitute binding acceptance of the change. Affiliate may not amend or waive any provision of the agreement unless such amendment or waiver is in writing and is signed by the current president of 2 Pups N’ Cat.

20. Independent Investigation  Affiliate acknowledges that affiliate has read this agreement and agrees to ALL of its terms and conditions. Affiliate understands that 2 Pups N’ Cat may at any time directly or indirectly solicit customer referrals from other parties on terms that may differ from those contained in this agreement. The affiliate has independently evaluated this desirability of participation in the 2 Pups N’ Cat affiliate program and is not relying on any representation, guarantee, or statement other than as set forth in this agreement.

21. Electronic Communications  Affiliate agreement that all agreements, notices, disclosures and other communication that 2 Pups N’ Cat provides to affiliate electronically satisfy any legal requirement that such communication is in writing.

22. Governing Law  This agreement shall be construed in accordance with the laws of the state of Colorado.

23. Survival  The provisions of the agreement relating to confidentiality shall survive the termination of affiliate with 2 Pups N’ Cat.

24. Severability  If any provision of the agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement s invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.