SwiftPaws Affiliate Agreement and Program Policies
All SwiftPaws Affiliates are required to complete agreement and remain in compliance with these terms. If you ever need anything else or have questions, feel free to reach out to the team at support@swiftpaws.com Last Modified: October 11, 2021
Affiliate Acceptance
Once you complete an application to become an Affiliate, we will review your application and notify you whether you have been accepted to participate in the Affiliate Program, or not. Before we accept an application, we may want to review your application with you, so we may reach out to you for more information. We may require that you complete certain requirements before we accept your application. If we do not notify you that you are accepted to participate in the Affiliate Program within thirty (30) days from your application, your application is considered to be rejected.
Confidentiality
As used herein, “Confidential Information” means all confidential information disclosed by a party ("Disclosing Party") to the other party (“Receiving Party”), (i) whether orally or in writing, that is designated as confidential, and (ii) SwiftPaws customer and prospect information, whether or not otherwise designated as confidential. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party or (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party. The Receiving Party shall: (i) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that it uses with its own confidential information, but in no event less than reasonable care, (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information of the Disclosing Party to any third party, and (iv) limit access to Confidential Information of the Disclosing Party to its employees, contractors and agents. The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process.
Commissions and Payment
1. Commission Rates. Available commissions are set forth in the Affiliate Software. Commissions are based on purchase, and purchase commissions may be calculated based on monthly, quarterly, or annual purchases at the rates set forth in the Affiliate Software.
For each purchase made using your coupon code or through your affiliate link, you receive your commission based on the customer’s purchase. Commission is only earned on payment made for products (not on shipping, handling, tax, etc.)
2. Limitations: We use AffiliateWP for affiliate purposes, please refer to their docs if you have questions about how the software works:
3. Attribution. In the event a single customer clicks two different affiliate links, the last affiliate gets the credit. We do, however, reserve the right to modify this in certain circumstances.
Promoting SwiftPaws
Do:
Capitalize the “S” and "P" in “SwiftPaws”.
Do Not:
Use false or misleading statements on the benefits of using SwiftPaws.
Modify or adjust the SwiftPaws wordmark or logo in any sort of marketing material you might create, including the creation of any visual badges or dual-logo lockups.
2. What to call yourself As we have multiple ways to partner with SwiftPaws and several ways to reference those relationships, here are some guidelines around how you can call yourself within the SwiftPaws Affiliate Program.
You may say that you’re a "SwiftPaws Affiliate" or “Referral Affiliate”.
3. Buying Ads You will NOT purchase ads that could be considered as competing with SwiftPaws' own advertising, including, but not limited to, our branded keywords.
Content Usage Guidelines
What SwiftPaws Content Can You Use? And How?
Feel free to share links to any of our content by email and social media. We'll love you for it!
Feel free to republish in full any SwiftPaws-original images (such as charts, graphs, cartoons, infographics), videos, etc. by copying or embedding them and including them in your content, as long as you honor the Content Attribution Policy below. (Note: This does not include any stock images we've purchased for use in our content.)
Feel free to reference or quote up to 75 words of any of our text content (facts, figures, quotes, etc.) in your own blog articles, presentations, documents, etc. as long as you honor the Content Attribution Policy below.
Unfortunately, we can't let you republish in full any of our text-based content (blog articles, PDFs, PPTs, DOCs) on the web. Why? Well, duplicate content is just bad for SEO, and Google will hate us for it.
Unfortunately, we cannot fulfill requests for original files (e.g. PDFs, PPTs, DOCs or original video files). Sorry!
You cannot make money off of our content. We gave it to you for free, so you need to keep it free by passing it along.
You cannot claim our content as your original ideas (i.e. using our content and publishing it on a channel as your own). We love that you want to share it, but please just share the original link instead. Thank you!
Content Attribution Policy:
Attribute SwiftPaws as the source.
Link to the original SwiftPaws source you're referencing:
For references to a piece of content on social media, include the SwiftPaws handle associated with that platform, and please tag, and hashtag SwiftPaws
Thanks for the content love. We appreciate it!
Policies That Don’t Fit Into The Other Buckets
1. Sharing Placements: When requested, you’ll share the places you’ve used your affiliate link. This includes, but is not limited to, links, screenshots, and email sends.
2. Purchasing SwiftPaws yourself: If you decide to purchase SwiftPaws product, we require that you do not use your own affiliate link and instead contact us directly about your personal affiliate discount. Each personal purchase is approved (and discounted) on a case-by-case basis.
3. You must be FTC compliant and disclose in a clear way before the affiliate link that you will receive commission if someone clicks through and purchases.
Affiliate Agreement Continued
Proprietary Rights SwiftPaws' Proprietary Rights. The SwiftPaws Products are protected by intellectual property laws. The SwiftPaws Products belong to and are the property of us or our licensors (if any). We retain all ownership rights in the SwiftPaws Products. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the SwiftPaws Content, or the SwiftPaws Products in whole or in part, by any means, except as expressly authorized in writing by us. If you wish to use SwiftPaws Content, you must comply with our Content Usage Guidelines located above. SwiftPaws, the SwiftPaws logos, and other marks that we use from time to time are our trademarks and you may not use them without our prior written permission, except as otherwise set forth in this Agreement.
We encourage all customers, affiliates and partners to comment on the SwiftPaws Products, provide suggestions for improving them, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the SwiftPaws Products, without payment to you.
Opt Out and Unsubscribing You will comply promptly with all opt out, unsubscribe, "do not call" and "do not send" requests. For the duration of this Agreement, you will establish and maintain systems and procedures appropriate to effectuate all opt out, unsubscribe, "do not call" and "do not send" requests.
Term and Termination
Term. This Agreement will apply for as long as you participate in the Affiliate Program, until terminated.
Termination Without Cause. Both you and we may terminate this Agreement at any time effective immediately upon written notice to the other party.
Effects of Expiration/Termination. Expiration of this Agreement, and termination of this Agreement shall not affect our obligation to pay you a Commission, so long as the related payment by the Customer Transaction is recognized by us within thirty (30) days after the date of such termination or expiration. Except as expressly set forth in this section, you are not eligible to receive a Commission payment after expiration or termination of this Agreement. Upon termination or expiration, you will immediately discontinue all use of our trademark and references to this Affiliate Program from your website(s) and other collateral.
Affiliate Representations and Warranties You represent and warrant that: (i) you have all sufficient rights and permissions to participate in the Affiliate Program (ii) your participation in this Affiliate Program will not conflict with any of your existing agreements or arrangements
You further represent and warrant that: (i) you will ensure that you are compliant with any trade or regulatory requirements that may apply to your participation in the Affiliate Program (for example, by clearly stating you are a SwiftPaws Affiliate on any website(s) you own where you make an Affiliate Link available); (ii) you will not participate in cookie stuffing or pop-ups, false or misleading links are strictly prohibited; (iii) you will not attempt to mask the referring URL information;
Indemnification You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) your participation in the Affiliate Program, (b) your noncompliance with or breach of this Agreement. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
Limitations of Liability IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO THE TOTAL COMMISSION AMOUNTS YOU HAVE ACTUALLY EARNED FOR THE RELATED CUSTOMER TRANSACTIONS IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM. Cookie Duration. COOKIES USED AS PART OF THE AFFILIATE PROGRAM HAVE A SET DURATION. IF A POTENTIAL CUSTOMER CLEARS THEIR COOKIES DURING THIS PERIOD, SWIFTPAWS SHALL NOT BE LIABLE FOR ANY COMMISSIONS THAT MAY HAVE BEEN OWED TO YOU.
General
Amendment; No Waiver. We may update and change any part or all of this Agreement, including by replacing it in its entirety. If we update or change this Agreement, the updated Agreement will be made available to you online and/or by email. The updated Agreement will become effective and binding on the next business day after we have notified you. When we change this Agreement, the "Last Modified" date above will be updated to reflect the date of the most recent version. We encourage you to review this Agreement periodically. If you don’t agree to the update, change or replacement, you can choose to terminate as we describe above. No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
Applicable Law. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED AND ENFORCED UNDER THE LAWS OF THE STATE OF DELAWARE WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES.
Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
Actions Permitted. Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
Relationship of the Parties. Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.
Compliance with Applicable Laws. You shall comply, and shall ensure that any third parties performing sales or referral activities on your behalf comply, with all applicable foreign and domestic laws (including without limitation export laws and laws applicable to sending of unsolicited email), governmental regulations, ordinances, and judicial administrative orders. You shall not engage in any deceptive, misleading, illegal or unethical marketing activities, or activities that otherwise may be detrimental to us, our customers, or to the public.
Severability. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, 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 this Agreement will continue in effect.
Notices. Notice will be sent to the contact address set forth herein (as such may be changed by notice given to the other party), and will be deemed delivered as of the date of actual receipt.
To SwiftPaws, Inc.: SwiftPaws, Inc 2412 Irwin St Melbourne, FL 32901 U.S.A.
To you: your address as provided in our affiliate account information for you.
We may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you.
Entire Agreement. This Agreement is the entire agreement between us for the Affiliate Program and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. Our obligations are not contingent on the delivery of any future functionality or features of the SwiftPaws Products or dependent on any oral or written public comments made by us regarding future functionality or features of the SwiftPaws Products. It is the express wish of both you and us that this Agreement and all related documents be drawn up in English.
Assignment. You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without our prior written consent. We may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.
No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
Program Policies Page. We may change the Program Policies from time to time. Your participation in the Affiliate Program is subject to the Program Policies, which are incorporated herein by reference
No Licenses. We grant to you only the rights and licenses expressly stated in this Agreement, and you receive no other rights or licenses with respect to us, the SwiftPaws Products, our trademarks, or any other property or right of ours.
Sales by SwiftPaws. This Agreement shall in no way limit our right to sell the SwiftPaws Products, directly or indirectly, to any current or prospective customers.
Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.
Survival. The following sections shall survive the expiration or termination of this Agreement: ‘Commission and Payment’, ‘Proprietary Rights’, ‘Confidentiality’, ‘Effects of Termination/Expiration’, ‘Indemnification’, ‘Limitation of Liability’, and ‘General’.