Affiliate Program Terms & Conditions
This Agreement contains the complete terms and conditions which apply to your participation as a Three Humans & A Dog Company, (also known herein as THAAD), affiliate promoting and marketing the Brand (“Three Humans and A Dog”) and the Brands’ online store.
The parties to this Agreement hereinafter are Three Humans & A Dog Company (“THAAD”, “us”, “we”, “our”) and you, the affiliate (“Affiliate”, “you”, “your”).
By participating in the THAAD Affiliate Program, you indicate your agreement to the following terms and conditions by clicking the “I Agree” button below.
We may modify any of the terms and conditions contained in this Agreement, at any time at our sole discretion. Posting on our Affiliate Program information site of change of terms notice or a new agreement is considered sufficient provision of notice and such modifications shall be effective as of the date of posting. If any modification is unacceptable to you, your sole recourse is to terminate this Agreement and your continued participation in the Affiliate Program. Due to the above, we advise you to frequently visit the Affiliate Program information site and review the terms and conditions of this Agreement.
Affiliate Program Application
To enroll as an Affiliate, please read this Agreement in its entirety before completing the online Affiliate Program application. We will then evaluate your application and, where applicable, notify you of your acceptance. We may reject your application if we determine, in our sole discretion, that your site is not suitable for the Affiliate Program for any reason, including, but not limited to, inclusion of content on your site that we deem is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable. Similarly, we shall reject your application if we determine, in our sole discretion, that your site is designed to appeal to minors.
In the event of your acceptance to the Affiliate Program, we will make available to you banner advertisements, button links, text links and other links as determined by THAAD which shall link to our site (the “Links”), which you may display on your sites, provided you abide by the terms and conditions of this Agreement. In using the Links, you agree that you will cooperate fully with us in order to establish and maintain the Links. You may not modify a Link, unless you have received prior written consent from Thaad to do so. In the event that we determine that your use of any Link is not in compliance with the terms of this Agreement, we shall be entitled to take such measures as to render inoperative the Links used by you. You may not advertise the Thaad Site or Platform in any way not approved in advance by Thaad including, without limitation, the use of spam e-mails, meaning sending unsolicited mass emails or spam, whether via email or any other form. Any Affiliate using spamming techniques for soliciting referrals will be in automatic breach of this Agreement and will be immediately terminated and legally pursued for any resulting damages.
Use of Thaad Brand
During the term of this Agreement, Thaad hereby grants you a limited, revocable, non-exclusive and non-transferable license to place the Links on your site during the term of this Agreement, and solely in connection with the Links, to use our logos, brands, trade names, trademarks, service marks and similar identifying material, solely for the purpose of promoting the Thaad brand Site. You acknowledge and agree that: (a) you will use the Thaad brand only as permitted hereunder for purposes of promoting the Brand Sites and Platform and may not sub-license, assign or otherwise transfer the license; (b) you will use the Thaad brand in a lawful manner and may not alter, modify or change the Thaad brand in any way whatsoever; (c) you may not use the Thaad brand in any manner that is disparaging or that otherwise portrays Thaad or anyone else negatively; (d) the Thaad brand and shall remain the sole property of Thaad; and (e) you shall not, now or in the future, contest the validity of any Thaad brand or use any term or mark confusingly similar to any Thaad brand.
We may revoke your license to use the Thaad brand at any time by written notice to you. You acknowledge that, except for the license which may be granted to you in connection hereto, you have not acquired and will not acquire any right, interest or title to the Links or the Thaad brand by reason of this Agreement or your activities hereunder. The aforementioned license shall terminate upon the termination of this Agreement.
In addition to the restrictions regarding protection of minors and spamming, as set forth above, Affiliate shall not (a) engage in any fax, broadcast or telemarketing with respect to Thaad, the Brand Sites and/or the Platform, (b) use scum ware techniques or use any other aggressive advertising or marketing methods in any of its dealings relating to Thaad, (c) make any false, misleading or disparaging representations or statements with respect to Thaad, the Brand Sites or the Platform or (d) engage in any other practices which may affect adversely the high image, credibility or reputation of Thaad, including but not limited to using any Website in any manner, or having any content on any Website, that (i) promotes sexually explicit materials, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age and/or any illegal activities or (ii) violates any intellectual property or other proprietary rights of any third party.
In addition, you shall perform your obligations here under in accordance with the highest applicable industry standards and in compliance with all applicable laws, rules and regulations.
Brand name bidding
Affiliates shall NOT bid on any of the Thaad brand names, trademarks, service marks and brand names, on any pay-for-placement search engines, including, but not limited to google.com, yahoo.com & bing.com, inclusive of all device types (desktop, mobile, etc.), as well as any contextually targeted advertising networks, where an ad is triggered by use of a targeted keyword, such as the Google Content Network. This includes, but is not limited to, the following Thaad terms and any variations or misspellings of such terms: Three Humans and A Dog, Three Humans & A Dog Company, Three Humans & A Dog, etc. Any affiliate that fails to comply with the terms and conditions of the bidding policy mentioned above may have commissions fortified to Thaad for the month in which the unauthorized use occurs and/or may be terminated from the Thaad Affiliate Program immediately.
You shall receive a commission pursuant to the Revenue Share Scheme, as set forth below, the choice of scheme to be made by you at your discretion.
CPA / Revenue Share Schemes
Affiliate Commission is equal to a percentage based on the plan that the Affiliate selects. Current plans are 15% of the Net Revenue generated from the sales referred to us by you.
For the purposes of this Agreement “Net Revenue” shall be calculated on a monthly basis and shall mean the revenue generated by Referrals less amounts (i) paid out through the redemption of gift certificates, coupons or credits; (ii) due to credit card fraud, bad debts, cancellations, bonuses and credits.
The Affiliate Commission rate is subject to change at any time or from time to time, in our sole and absolute discretion. You will be notified of any change in the Affiliate Commission rate.
A commission will only be paid if the visitor to our site is tracked by the system from the time of the Link to the time of the sale. No commission will be paid if the visitor to our site cannot be tracked by our system. If the monthly calculation of Net Revenue results in a negative amount, such amounts shall be deducted from applicable Net Revenue in succeeding months.
All commissions shall be paid to you on a monthly basis, within approximately 30 days following the end of each month. Payment of commissions shall be made directly to you as per your preferred payment method elected by you as part of your application process. In the event that you provide Thaad with incorrect or incomplete details in relation to your preferred payment method and Thaad is not able to transfer the commissions to you, Thaad reserves the right to subtract from the commissions due to you an amount of money to reflect the required investigation and additional work created by your provision of incorrect or incomplete details. Thaad shall be entitled to set-off from the amount of commission to be paid to you any associated costs related to the transfer of such commission. In the event that the commission to be paid to you in any calendar month is less than $5 (the “Minimum Amount”), Thaad shall not be obligated to make the payment until such time as the commission is equal to or greater than the Minimum Amount.
Term and Termination
The term of this Agreement will begin upon your acceptance to the Affiliate Program and will end when terminated by either party. At any time, either party may immediately terminate this Agreement, with or without cause, by giving the other party written notice of termination, where such notice may be served via fax or e-mail.
Upon the termination of this Agreement for any reason: (a) each party shall return to the other party all property of the other party in its possession or control (including the Brand sites and Thaad and all Confidential Information); (b) you shall immediately cease displaying any Links. Marks on any Website or otherwise and any other names, marks, symbols, copyrights, logos, designs, or other proprietary designations or properties owned, developed, licensed or created by us and/or provided by or on behalf of us to you pursuant to this Agreement or in connection with the Affiliate Program, and (c) all rights granted to you hereunder will immediately cease.
Following the termination of this Agreement and our payment to you of all commissions due at such time of termination, we shall have no obligation to make any further payments of commissions to you.
Sections 8 through 13 shall survive the termination or expiration of this Agreement.
We may disclose to you certain information as a result of your participation as part of the Affiliate Program, which information we consider to be confidential (“Confidential Information”). Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if the same is required by law or legal process.
Disclaimer of Warranty
THAAD MAKE NO WARRANTIES HEREUNDER, AND THAAD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE THAAD FURTHER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, THAT THE PLATFORM DOES NOT INFRINGE OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY IN ANY JURISDICTION. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE THAAD SITES WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
Limitation of Liability
THAAD SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF THAAD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE BRANDS AND THAAD’ TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY REASON WILL BE LIMITED TO THE COMMISSION PAID OR PAYABLE TO YOU BY THAAD DURING THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES.
You agree to indemnify, defend and hold harmless Thaad and the directors, officers, employees, subcontractors and agents thereof (collectively, the “Indemnified Party”), with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, to the extent that such action is based upon or arises out of: (a) Your breach of any representation, warranty, obligation or covenant under this Agreement; (b) your gross negligence or willful misconduct; or (c) any warranty, condition, representation, indemnity or guarantee relating to Thaad and/or the Platform made by you.
In claiming any indemnification hereunder, the Indemnified Party shall promptly provide Affiliate with written notice of any claim which the Indemnified Party believes falls within the scope of the foregoing paragraphs. The Indemnified Party may, at its own expense, assist in the defense if it so chooses, provided that Affiliate shall control such defense and all negotiations relative to the settlement of any such claim and further provided that any settlement intended to bind the Indemnified Party shall not be final without the Indemnified Party’s written consent, which shall not be unreasonably withheld.
Entire Agreement. This Agreement constitutes the entire understanding between the parties relating to the subject matter of this Agreement and supersedes any and all prior agreements, representations, negotiations or understandings in relation to its subject matter.
The failure of either party to enforce (or delay in enforcing) at any time for any period any one or more of the terms of this Agreement shall not be a waiver of such term(s) or of the rights of such party at any time subsequently to enforce all the terms of this Agreement. Independent Contractors. The parties to this Agreement are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties to this Agreement and to their respective heirs, successors, assigns and legal representatives. Affiliate shall have no right to assign or otherwise transfer this Agreement, or any of its rights or obligations here under, to any third party without prior written consent from Thaad, to be given or withheld at the sole discretion of Thaad. If any provision of this Agreement is invalid, illegal or unenforceable for any reason, such provision shall be severed and the remaining provisions of this Agreement shall continue in full force and effect as if this Agreement had been executed with the invalid, illegal or unenforceable provision eliminated.
This Agreement shall be governed, construed and enforced in accordance with the laws of the Seychelles. Each Party agrees that any legal action, proceeding, controversy or claim between the Parties arising out of or relating to this Agreement may be brought and prosecuted only in a court of law in Charlotte, NC, and by execution of this Agreement each Party hereto submits to the exclusive jurisdiction of such court and waives any objection it might have based upon improper venue or inconvenient forum.
Thaad offers a number of attractive features and promotions to its affiliates. Bonuses and other perks are rewarded to affiliates as part of the Thaad promotions programs. These bonuses are limited time offers and the terms and conditions associated with any bonus rewards are subject to change at ANY point. Bonuses are given at the discretion of Thaad and can be changed or revoked at any time. These bonuses are based on real new depositors referred by affiliates using Thaad tracking links.
Any indication of fraud, manipulation or other forms of deceitful or fraudulent activity based on the provision of the bonus will nullify the affiliate account.
Thaad and any affiliate manager associated with Thaad have the right to change, update, modify and terminate any promotion at any given time. Thaad has the right to deem any affiliate unworthy of a promotion or promotion participation. By participating in a Thaad promotion you agree to the terms & conditions mentioned above.