FetchFreaks Affiliate Marketing Program Terms (Affiliate Terms)

1a. Introduction

Welcome to the FetchFreaks Affiliate Marketing Program! Our mission is to redefine playtime for pups everywhere by curating a selection of trendy toys and accessories that encourage active living and create unbreakable bonds between pups and their humans. This document outlines the terms and conditions governing your participation in our Affiliate Program.

For the purposes of these terms and conditions, unless otherwise noted, all references to FetchFreaks include SHRx24 LLC dba FetchFreaks and FetchFreaks.com.

Definitions:

“We," "our," and "us" mean FetchFreaks.

“Affiliate Marketing Platform” means Shopify Collabs.

“You” or “Affiliate” means yourself.

2a. Eligibility

To be eligible to participate in the FetchFreaks Affiliate Program:

  • You must be at least 18 years of age or the age of majority in the State or territory you live in.
  • Your promotional methods should align with our brand values and be suitable for all audiences.
  • Ideally, your platform should have a focus on, or related content to pets, dogs, lifestyle, or related niches. Any creators outside of these niches may be subject to additional review to help determine if a collaboration under the Program is the right fit.

3a. Enrollment in the Program

Upon signing up for the Program, your application will be reviewed and if approved, you will receive access to our Affiliate Program within Shopify Collabs.

4a. Commission Structure

Affiliates will earn a 5% commission on the total sale amount (excluding shipping and taxes) made through their unique affiliate link.

Pursuant to the Shopify Collabs Terms of Service, payments will be subject to the following terms:

Commissions will be subject to a thirty (30) day hold period, to allow for any cancellation or refund of the underlying purchase that would have the effect of disqualifying a commission, and aggregate earned commissions tracked by the App will appear on a Merchant’s monthly invoice. Shopify will distribute such commissions to Creators twice per calendar month (each such period, a “Payment Period”), depending on when Merchant payment is initiated. The first Payment Period occurs during the first half of the month, and the second Payment Period occurs during the second half of the month. Where the aggregate commissions owing to a Creator are equal to or greater than USD $25 at the end of any Payment Period, such commissions will be paid to Creator. If the commissions owing to Creator are less than USD $25 at the end of any Payment Period, Shopify will be entitled to withhold payment until the next Payment Period in which the balance of unpaid commissions owing to Creator from any previous Payment Period and commissions owing to Creator under the current Payment Period are USD $25 or more.
We may offer additional incentives periodically at our discretion, including but not limited to free product(s) and more. Examples may include offering you free product(s) for content creation or a bonus for a large volume of orders via your affiliate link.
5a. Payment Method

Commissions are paid through the Affiliate Marketing Platform via PayPal or a similar payment processor, as determined by FetchFreaks or its Affiliate Marketing Platform. It is the Affiliate's responsibility to ensure that payment details are accurate and up-to-date.

6a. Content and Branding

Affiliates should aim to match the playful style and messaging of our brand in content created as part of their participation in the Program, as found on our website, social media, our promotional content, and any provided brand guidelines or reference materials, 

7a. Prohibited Activities

Affiliates are prohibited from:

  • Using their affiliate link for their own purchases.
  • Engaging in any form of paid advertising using our brand name or variations of it without our express approval.
  • Engaging in any activities that are unlawful, harassing, abusive, or in violation of these terms and conditions.

8a. Assignment of Content Rights

By participating in the FetchFreaks Affiliate Marketing Program, Affiliate grants FetchFreaks a non-exclusive, irrevocable, worldwide, royalty-free, sub-licensable, perpetual license to store, use, reproduce, modify, create derivative works, distribute, display, any content, images, videos, reviews, and materials produced pertaining to the promotion of FetchFreaks and its products, in any manner deemed appropriate by FetchFreaks, including but not limited to, in its marketing, advertising, and promotional activities, across any medium or platform.

This includes, but is not limited to:

  • Utilization of Affiliate-generated content in FetchFreaks's own social media campaigns, email marketing, website content, and other digital or print media.
  • Modification, adaptation, or otherwise altering Affiliate-generated content to better fit FetchFreaks needs and marketing strategies, without seeking further approval.

Affiliates continue to retain original ownership rights of their content and this clause does not prohibit Affiliates from using their content.

This Assignment of Content Rights Section shall survive the termination of these Terms & Conditions.

9a. Content Approval and Removal

FetchFreaks reserves the right, at its sole discretion, to request edits or removal of Affiliate content that is deemed inappropriate, off-brand, or potentially damaging to FetchFreaks reputation and image.

  • Affiliates are required to comply with any such requests promptly and without dispute.
  • Failure to comply with content removal or modification requests may result in suspension or termination of the Affiliate partnership.

10a. Content Authenticity and Originality

All content created by Affiliates in the promotion of FetchFreaks must be original, authentic, and not infringe upon the intellectual property rights of third parties. Affiliates are responsible for ensuring that their content adheres to all applicable laws and regulations concerning intellectual property and content creation.

FetchFreaks will not be held liable for any legal disputes arising from an Affiliate's violation of intellectual property laws. Any Affiliate found to be in violation of this clause will have their partnership terminated immediately.

11a. Term and Termination

Apart from Assignment of Content Rights, the terms of this agreement will begin upon your acceptance into the Program and will end when your affiliate account is terminated. Assignment of Content Rights will begin upon your acceptance into the Program and will continue in perpetuity, meaning it will not end when your affiliate account is terminated.

FetchFreaks reserves the right to modify, suspend, or terminate the Affiliate Program or any affiliate account for any reason or for no reason at all.

12a. Limitation of Liability

The information, software, products, and services included in or available in connection with the Program may include inaccuracies or typographical errors. Changes are periodically added to the information herein. FetchFreaks and/or its suppliers may make improvements and/or changes in the Program at any time. 

To the maximum extent permitted by applicable law, in no event shall FetchFreaks and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in connection with your participation in the Program, with the delay or inability to use the sites or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through your participation in the Program, or otherwise arising out of your participation in the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if FetchFreaks or any of its suppliers have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any part of the Program, or with any of these terms, your sole and exclusive remedy is to terminate your enrollment in the Program.

Our aggregate liability arising with respect to this Program will not exceed the total commission fees paid or payable to Affiliate.

13a. Indemnification

You agree to indemnify, defend, and hold harmless FetchFreaks, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your participation or inability to participate in the Program, any user postings made by you (if applicable), your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations.

14a. Severability

If any part of these Affiliate Marketing Program Terms & Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

15a. Modification

We may modify any of the terms and conditions within this agreement at any time and at our sole discretion. Affiliates will be notified of any changes and continued participation in the Program will constitute agreement to the changes.

16a. Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. Arbitration may only be conducted virtually using a secure video conferencing service or application, but an exception may be made to conduct in-person arbitration if the parties are unable to find an arbitrator to conduct arbitration virtually. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

17a. Governing Law

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio, United States of America and you hereby consent to the exclusive jurisdiction and venue of courts in Ohio in any dispute arising out of or relating to your participation in the Program that is not subject to the arbitration requirements outlined in Section 16a, Arbitration.

18a. Affiliate Support

We’re happy to assist you throughout your collaboration with us!

If you have any questions or need additional assistance, please reach out using the contact us form at fetchfreaks.com/affiliate-support or email us at affiliate-support@fetchfreaks.com. 

B. Disclosures and Transparency

1b. Affiliate Disclosure Requirements

Affiliates are required to include clear and conspicuous disclosure in all promotional content, clarifying that they may receive compensation for sales generated through their promotional activities. Such disclosures must:

  • Be visible and easy to understand, not hidden or embedded in lengthy text.
  • Appear before or near any affiliate links or promotional content.
  • Adhere to applicable legal and regulatory guidelines, including those stipulated by the Federal Trade Commission (FTC) or other relevant authorities.
  • Meet the requirements of any platform you use to promote, including but not limited to social media platforms, blogging platforms, etc.

Examples of disclosures might include:

  • “Sponsored”
  • “As a FetchFreaks Affiliate, I earn from qualifying purchases.”
  • "I earn a commission when you shop through my links from FetchFreaks."
  • “[This Post/Content] contains affiliate links and I may be compensated if you make a purchase after clicking on them.”

We are not responsible for your use of these examples and it is your responsibility to ensure any disclosures you use meet FTC requirements.

2b. Transparent Communication

Affiliates must engage in transparent, honest, and ethical promotional activities:

  • All claims about FetchFreaks products should be accurate and truthful. Misleading or exaggerated claims will result in immediate termination of the affiliate partnership.
  • Affiliates should provide genuine recommendations and experiences, ensuring that promoted products align with the content and audience.

3b. Social Media Guidelines

When promoting via social media platforms, Affiliates should:

  • Ensure that all posts meet the promotional guidelines of the specific social media platform.
  • Include a clear and conspicuous disclosure, ideally at the beginning of the post or in the first few lines, to ensure visibility in truncated views or previews.
  • Utilize platform-specific tools for identifying sponsored content, such as Instagram’s “Paid partnership with” tag.

4b. Review and Testimonial Integrity

If Affiliates create reviews, rankings, or testimonials of FetchFreaks products:

  • They must be based on genuine experiences and unbiased opinions.
  • Disclose the affiliate relationship clearly and conspicuously within the content.
  • Affiliates who do not comply with disclosure and transparency requirements risk immediate suspension or termination of their affiliate account and forfeiture of any outstanding commissions.

Effective as of October 23, 2023