Paw Life (Pty) Ltd Affiliation Operating Agreement
Welcome to Paw Life’s Affiliation Marketing Program where you can manage your affiliate marketing relationship with Paw Life (Pty) Ltd (“Paw Life” or “us” or similar terms).
Any person or entity that participates in our Affiliation marketing program (the “Affiliations Program”) and such person or entity, “you”, or an “Affiliate”) must accept this Affiliations Program Operating Agreement (this “Agreement”) without change. By accepting this agreement, you agree to, the Affiliations Program including the Paw Life Program Policies (defined in Section 12), which are incorporated by reference (our Affiliations Program Participation Requirements, Affiliations Program IP License, and Affiliations Program Trademark Guidelines.) Please read them carefully.
1. Description of the Affiliations Program
The Affiliations Program permits you to monetize your website, social media user-generated content, or online software application (referred to here as your “Site"), by placing on your Site links to the Paw Life Site in Schedule 1 or, if applicable for the location, any other Site which is included in the Paw Life Site.
When a Pet Parent make an online booking through the Paw Life Site, you can receive commission income for qualifying revenue, as further described in (and subject to the limitations in) the Program Policies. In order to facilitate your advertisement of these items or services, we may make available to your data, images, text, link formats, widgets, links, marketing content, and other linking tools, application program interfaces, and other information in connection with the Affiliations Program (“Program Content"). Program Content specifically excludes any data, images, text, or other information or content relating to product offerings on any Site other than the Paw Life Site.
2. Affiliations Program Compliance Requirements
You must comply with this Agreement to participate in the Affiliations Program and receive commission income.
You must promptly provide us with any information that we request to verify your compliance with this Agreement.
If you violate this Agreement, or if you violate terms and conditions of any other applicable Paw Life marketing agreement, then, in addition to any other rights or remedies available to us, we reserve the right to permanently (to the extent permitted by applicable law) cease payment of (and you agree you will not be eligible to receive) any and all commission income otherwise payable to you under this Agreement, whether or not directly related to such violation without notice and without prejudice to any right of Paw Life to recover damages in excess of this amount.
3. Paw Life Pet Parent
Paw Life pet parents are not, by virtue of your participation in the Affiliations Program, your pet parents. As between you and us, all pricing, online bookings, rules, policies, and operating procedures concerning pet parent bookings, customer service, and service sales set forth on the Paw Life Site will apply to those pet parents and may be changed at any time.
You represent, warrant, and covenant that (a) you will participate in the Affiliations Program and create, maintain, and operate your Site in accordance with this Agreement, (b) neither your participation in the Affiliations Program nor your creation, maintenance, or operation of your Site will violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any governmental authority that has jurisdiction over you (including all such rules governing communications, data protection, advertising, and marketing), (c) you are lawfully able to enter into contracts (e.g. you are not a minor or otherwise legally prevented from contracting), (d) you have independently evaluated the desirability of participating in the Affiliations Program and are not relying on any representation, guarantee, or statement other than as expressly set forth in this Agreement, (e) you will not participate in the Affiliations Program or use any other Service Offerings if you are the subject of any South African sanctions or of sanctions consistent with South African law imposed by the governments of the country where you are using any Service Offering; (f) the information you provide in connection with the Affiliations Program is accurate and complete at all times.
We do not make any representation, warranty, or covenant regarding the amount of traffic or commission income you can expect at any time in connection with the Affiliations Program, and we will not be liable for any actions you undertake based on your expectations.
5. Identifying Yourself as an Affiliate
You must clearly and prominently state the following, on your Site or any other location where Paw Life may authorise your display or other use of Program Content: “As a Paw Life Affiliate I earn commission from qualifying revenue from pet parent bookings.” Except for this disclosure, and other than as required by applicable law, you will not make any public communication with respect to this Agreement or your participation in the Affiliations Program without our advance written permission. You will not misrepresent or embellish our relationship with you (including by expressing or implying that we support, sponsor, or endorse you), or express or imply any affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.
6. Term and Termination
The term of this Agreement will begin upon your successful enrolment by Paw Life. This implies that you have passed Paw Life’s verification criteria specified in Schedule 5. Either you or we may terminate this Agreement at any time, with or without cause (automatically and without recourse to the courts, if permitted under applicable law), by giving the other party written notice of termination provided that the effective date of such termination will be 7 working days from the date notice is provided. In addition, we may terminate this Agreement or suspend your account immediately upon written notice to you for any of the following: (a) you are in material breach of this Agreement, (b) you otherwise fail to cure within 7 days of our notice to you regarding any other breach of this Agreement (including any Program Policy); (c) we believe that we may face potential claims or liability in connection with your participation in the Affiliations Program; (d) we believe that our brand or reputation may be tarnished by you or in connection with your participation in the Affiliations Program; (e) your participation in the Affiliations Program has been used for deceptive, fraudulent or illegal activity; (f) we believe that we are or may become subject to tax collection requirements in connection with this Agreement or the activities performed by either party under this Agreement; (g) we have previously terminated this Agreement (or suspended your account) with respect to you or other persons that we determine are affiliated with you or acting in concert with you for any reason, or (h) we have terminated the Affiliations Program as we generally make it available to participants. For the avoidance of doubt and without limitation for purposes of the foregoing subsection any violation of Section 5 and as specified in the Program Policies will be deemed a material breach of this Agreement.
We may hold accrued unpaid commission income for a reasonable period of time following termination to ensure that the correct amount is paid (for example, to account for any cancelations).
Upon any termination of this Agreement, all rights and obligations of the parties will be extinguished, including any and all licenses granted in connection with this Agreement, except that the rights and obligations of the parties under Sections 3, 4, 5, 6, 7, 8, 10, and 11 of this Agreement and as specified in the Program Policies, together with any payable but unpaid payment obligations under this Agreement, will survive the termination of this Agreement. No termination of this Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Agreement prior to termination.
THE AFFILIATIONS PROGRAM, THE PAW LIFE SITE, ANY SERVICES AND SERVICES OFFERED ON THE PAW LIFE SITE, LINK FORMATS, CONTENT, DATA FEED, PRODUCT ADVERTISING CONTENT, OUR AND OUR AFFILIATES’ DOMAIN NAMES, TRADEMARKS AND LOGOS (INCLUDING THE PAW LIFE BRAND ELEMENTS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INTELLECTUAL PROPERTY RIGHTS, INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE AFFILIATIONS PROGRAM (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE OFFERINGS. WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY LAW, CUSTOM, COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, VIRUSES, MALICIOUS SOFTWARE, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE SERVICE OFFERINGS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATIONS PROGRAM, OR (Z) ANY TERMINATION OR SUSPENSION OF YOUR PARTICIPATION IN THE AFFILIATIONS PROGRAM. NOTHING IN THIS SECTION 7 WILL OPERATE TO EXCLUDE OR LIMIT WARRANTIES, LIABILITIES, OR REPRESENTATIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. Limitations on Liability
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA ARISING IN CONNECTION WITH THE SERVICE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THE SERVICE OFFERINGS WILL NOT EXCEED THE TOTAL COMMISSION INCOME PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED. YOU HEREBY WAIVE ANY RIGHT OR REMEDY IN EQUITY, INCLUDING THE RIGHT TO SEEK SPECIFIC PERFORMANCE, INJUNCTIVE OR OTHER EQUITABLE RELIEF IN CONNECTION WITH THIS AGREEMENT. NOTHING IN THIS PARAGRAPH WILL OPERATE TO LIMIT LIABILITIES THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY FOR ANY MATTER DIRECTLY OR INDIRECTLY RELATING TO THE CREATION, MAINTENANCE, OR OPERATION OF YOUR SITE (INCLUDING YOUR USE OF ANY SERVICE OFFERING) OR YOUR VIOLATION OF THIS AGREEMENT, AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES, HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) RELATING TO (A) YOUR SITE OR ANY MATERIALS THAT APPEAR ON YOUR SITE, INCLUDING THE COMBINATION OF YOUR SITE OR THOSE MATERIALS WITH OTHER APPLICATIONS, CONTENT, OR PROCESSES, (B) THE USE, DEVELOPMENT, DESIGN, MANUFACTURE, PRODUCTION, ADVERTISING, PROMOTION, OR MARKETING OF YOUR SITE OR ANY MATERIALS THAT APPEAR ON OR WITHIN YOUR SITE, (C) YOUR USE OF ANY SERVICE OFFERING, WHETHER OR NOT SUCH USE IS AUTHORIZED BY OR VIOLATES THIS AGREEMENT OR APPLICABLE LAW, (D) YOUR VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT (INCLUDING ANY PROGRAM POLICY), (E) YOUR TAXES AND DUTIES OR THE COLLECTION, PAYMENT, OR FAILURE TO COLLECT OR PAY YOUR TAXES OR DUTIES, OR THE FAILURE TO MEET TAX REGISTRATION OBLIGATIONS OR DUTIES, OR (F) YOUR OR YOUR EMPLOYEES' OR CONTRACTORS’ NEGLIGENCE OR WILFUL MISCONDUCT. WE OR OUR NOMINEE MAY TAKE LEGAL ACTION AND PERFORM ANY PROCEDURAL ACT ON BEHALF OF ANY PAW LIFE PARTY, INCLUDING THROUGH SPECIAL MANDATE, TO EXERCISE OR DEFEND A LEGAL CLAIM OR FOR THE PROTECTION OF RIGHTS, INCLUDING FOR THE PURPOSE OF ENFORCING THIS SECTION.
10. Governing Law and Disputes
Any dispute relating in any way to the Affiliations Program or this Agreement (including any actual or alleged breach hereof), any online bookings or activities under this Agreement, or your relationship with us or any of our affiliates will be subject to the governing law and disputes provision for the applicable Paw Life Site set forth on Schedule 2.
Any taxes and related obligations relating in any way to the Affiliations Program or this Agreement (including any actual or alleged breach hereof), any online bookings or activities under this Agreement, or your relationship with us or any of our affiliates will be subject to the tax provision for the applicable Paw Life Site set forth on Schedule 3, if applicable.
12. Additional Provisions
We may send you emails relating to the Affiliations Program from time to time. In addition, we may (a) monitor, record, use, and disclose information about your Site and users of your Site that we obtain in connection with your display of Program Content, (b) review, monitor, crawl, and otherwise investigate your Site to verify compliance with this Agreement, and (c) use, reproduce, distribute, and display your logo and implementation of Program Content displayed on your Site as examples of best practices in our educational materials. For information on how we process personal information, please see the relevant Paw Life Privacy Notice as set forth in Schedule 4.
You acknowledge and agree that (a) we and our affiliates may at any time (directly or indirectly) solicit traffic on terms that may differ from those contained in this Agreement, (b) we and our affiliates may at any time (directly or indirectly) operate Sites or applications that are similar to or compete with your Site, (c) our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement, and (d) any determinations or updates that may be made by us, any actions that may be taken by us, and any approvals that may be given by us under this Agreement can be made, taken, or given Paw Life's sole discretion and are only effective if provided in writing by our authorized representative. The written approval must be sought from Paw Life (Pty) Ltd.
You may not assign this Agreement, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
This Agreement incorporates, and you agree to comply with, the most up-to-date version of all policies, appendices, specifications, guidelines, schedules, and other rules referenced in this Agreement and any other policies that apply to tools, subprograms, and features made available to you under the Affiliations Program (“Program Policies”), including any updates of the Program Policies from time to time. In the event of any conflict between this Agreement and any Program Policy, this Agreement will control. In the event of a conflict between this Agreement and your agreement with a Paw Life affiliate under a separate affiliate marketing program that agreement will control with respect to such separate program. This Agreement (including the Program Policies) is the entire agreement between you and us regarding the Affiliations Program and supersedes all prior agreements and discussions.
Whenever used in this Agreement, the terms “include(s)", “including”, and “for example” are used and intended without limitation.
Any information relating to Paw Life or any of its affiliates that we provide or make accessible to you in connection with the Affiliations Program that is not known to the general public or that reasonably should be considered to be confidential is Paw Life’s “Confidential Information” and will remain Paw life’s exclusive property. You will use Confidential Information only to the extent reasonably necessary for your performance under this Agreement and ensure that all persons or entities who have access to Confidential Information in connection with your account will be made aware of and will comply with the obligations in this provision. You will not disclose Confidential Information to ANY third party and you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. This restriction will be in addition to the terms of any confidentiality or non-disclosure agreement between the parties and will apply for the term of the Agreement and 3 years after termination.
You and we are independent contractors, and nothing in this Agreement will create any joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates’ behalf. If you authorise, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Agreement, you will be deemed to have taken the action yourself.
Notwithstanding anything to the contrary herein, nothing in this Agreement will, or will be interpreted or construed to, induce or require any party hereto to act in any manner (including taking or failing to take any actions in connection with a transaction) which is inconsistent with or penalized under any South African laws, regulations, rules or requirements that apply to any party to this Agreement.
We reserve the right to modify any of the terms and conditions contained in this Agreement at any time and at Paw Life's sole discretion by posting a change notice, revised Agreement, or revised Program Policy by sending notice of such modification to you by email to the primary email address. The effective date of such change will be the date specified, which other than increased Standard Commission Income will be no less than two business days from the date the notice is provided. YOUR CONTINUED PARTICIPATION IN THE AFFILIATIONS PROGRAM FOLLOWING THE EFFECTIVE DATE OF SUCH CHANGE WILL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFICATIONS. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 6.
Schedule 1: Paw Life Entity and Paw Life Site by Location
Schedule 2: Governing Law and Disputes by Paw Life Site
Schedule 3: Tax Provision by Paw Life Site
Schedule 4: Affiliations Program Policies
Schedule 5: Paw Life’s Pet Professional Verification Criteria
SCHEDULE 1: PAW LIFE (Pty) Ltd
Paw Life Site
Paw Life (Pty) Ltd
SCHEDULE 2: GOVERNING LAW AND DISPUTES BY PAW LIFE SITE
Governing Law and Disputes Provision
Any dispute relating in any way to the Affiliations Program or this Agreement will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
With each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Notwithstanding anything to the contrary in this Agreement, we may seek injunctive or other relief for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights. You further acknowledge and agree that our rights in the Program Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.
SCHEDULE 3: TAX PROVISION BY PAW LIFE SITE
Paw Life Site
We may deduct or withhold any taxes that we may be legally obligated to deduct or withhold from any amounts payable to you under the Affiliations Program. From time to time, we may request tax information from you. If we request tax information from you and you do not provide it to us, we reserve the right (in addition to any other rights or remedies available to us) to hold your commission income until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information.
SCHEDULE 4: Affiliations Program Policies
Affiliate Program – Participation Requirements
Affiliations Program – Trademark Guidelines
Affiliations Program – IP License
These Affiliations Program policies (“Program Policies”) are incorporated by reference in the Affiliations Program Operating Agreement, and capitalised terms used in these Program Policies and not otherwise defined here will have the definitions provided in the Agreement. The rights and obligations of the parties under Sections 3 and 5 of the Affiliations Program Participation Requirements and Section 3 of the Affiliations Program IP License will survive the termination of the Agreement. For the avoidance of doubt and without limitation for purposes of Section 5(a) of the Agreement, any violation of the Affiliations Program Participation Requirements or the Affiliations Program IP License will be deemed a material breach of the Agreement.
1. Qualifying Revenue
The below identifies qualifying revenue for the Paw Life Affiliations Program:
The total amount for a service booked including the service options processed through the Paw Life Site and where the booking status is Completed is deemed as qualifying revenue.
To receive commission on qualified revenue, a Pet Parent must be affiliated with a Pet Professional.
A Pet Parent is affiliated with a Pet Professional if the Pet Parent makes their first booking with the Pet Professional.
2. Qualifying Affiliate
A qualifying affiliate must meet the enrolment and eligibility requirements as specified in Affiliations Program Participation Requirements. An affiliate has three months after enrolment to fulfil the eligibility requirements to continue participating in the Paw Life Affiliations Program.
3. Disqualified Bookings
(a) any Service booked by a pet parent, where such pet parent does not comply with the terms and conditions applicable to a Paw Life Site,
(b) any Service booked that is not correctly tracked or reported because the links from your Site to the relevant Paw Life Site are not properly formatted,
(c) any Donations, Promotions or Charity Events promoted by Paw Life or Paw Life is associated with.
(d) all bookings with a Cancelled or Upcoming status will be excluded from Qualifying Revenue.
4. Standard Commission Income
Subject to the limitations described in this Commission Income Statement and compliance with the Agreement, we will pay you standard commission income described in the (“Standard Commission Income”). Commission Income is calculated as a percentage of Qualifying Revenue.
5. Commission Income Reporting and Payment
We will use commercially reasonable efforts to accurately and comprehensively track Completed Online bookings for the purposes of our internal tracking, and creating and distributing to you our reports summarizing Standard Commission Income earned by you during that month.
We will pay Standard Commission Income in the default currency for Paw Life Site approximately 60 days following the end of each calendar month in which they were earned by the method described below that you have selected.
We will directly deposit the commission income you earn into the bank account you designate once you have provided us with the name of your bank, the account number, the name of the primary account holder as it appears on the account, and other requested identifying information (if required).
If you do not select or maintain valid information for a payment option, we may at our discretion hold earned commission income until you make your selection or provide such information.
If at any time there has been no substantial activity on your account for at least 6 months, then we will have the right, within 7 days’ written notice to withhold the accrued commission income for your inactive account. Further, any unpaid accrued commission income in your account may be subject to a donation determined by the Co-Founders. Payments made to you, as reduced by all deductions or withholdings described in the Agreement, will constitute full payment and settlement to you of amounts payable under the Agreement.
If any excess payment has been made to you for any reason whatsoever, we reserve the right to adjust or offset the same against any subsequent commission income payable to you under the Agreement.
Any deactivations will result in the Pet Professional losing all of their affiliates and any future commission income associated with their affiliates.
Affiliations Program Participation Requirements (“Participation Requirements”)
1. Enrolment & Eligibility
To enroll in the Paw Life Affiliations Program, you will need to pass the Pet Professional verification criteria and have a complete Paw Life Profile. The completeness of the Paw Life profile is at the discretion of the Paw Life (Pty) Ltd. The start date of enrolment is the date the Pet Professional’s profile is verified and active. From the date of verification, the Pet Professional has 3 months to meet Paw Life’s eligibility requirements.
A Pet Professional’s continued eligibility to the Paw Life Affiliation program will be reviewed under the following conditions:
All online bookings must meet Paw Life's Terms of Service
The Pet Professional must inform Pet Parents of the new online booking process through the Paw Life Site
Paw Life brand elements and direct link to Paw Life Site must be visible on your Site
Ensure a professional and ethical relationship between you, Paw Life, and the Pet Parent
Maintain a Paw Life review level of 4-stars or above
Tag Paw Life in your social media posts and promote online bookings
Maintain and promote your Paw Life profile
Follow Paw Life on Instagram (@pawlifeza) and Facebook (@pawlifeza)
Your Site(s) must contain original content and be publicly available via the website address provided in the application. Your Site will not be eligible for inclusion in the Affiliations Program, and you cannot include any Paw Life content, if your Site is unsuitable. Unsuitable Sites include those that:
Promote, display or refer to violent acts against animals. This will be determined by the desecration of the Co-Founders of Paw Life (this may be reviewed further than the current law)
(b) promote or contain sexually explicit or obscene materials,
(b) promote violence or contain violent materials or promote, endorse or incite potentially dangerous or harmful acts,
(c) promote or contain false, deceptive, libelous or defamatory materials,
(d) promote or contain materials or activity that is hateful, harassing, harmful, invasive of another’s privacy, abusive, or discriminatory (including on the basis of race, color, sex, religion, nationality, disability, sexual orientation, or age),
(e) promote or undertake illegal activities,
(g) include any trademark of Paw Life or its affiliates, or a variant or misspelling of a trademark of Paw Life or its affiliates in any domain name, subdomain name, in any “tag” or Affiliations ID, or in any username, group name, or other identifier on any social networking Site (see a non-exhaustive list of our trademarks listed on our Non-Exhaustive Trademark Table); or
(h) otherwise violate any intellectual property rights.
You will ensure that the information in your Paw Life profile and information otherwise provided is true including your email address, other contact information, and identification of your Site, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Affiliations Program and the Agreement to the email address then-currently Paw Life profile. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address Affiliations with your account is no longer current.
The Affiliations Program is free to join. We have never authorized any business to provide paid set-up or consulting services to our Affiliations, so please be wary if any business like that (even one attempting to appropriate the Paw Life name) reaches out to offer you costly services.
2. Responsibility for Your Site and Your Social Media Platforms
You will be solely responsible for your Site and your Social Media Platforms, including its development, operation, and maintenance and all materials that appear on or within it. For example, you will be solely responsible for:
(a) the technical operation of your Site and your Social Media Platforms and all related equipment,
(b) displaying Program Content on your Site and your Social Media Platforms in compliance with the Agreement, all applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any applicable governmental authority, including those related to disclosures
(c) creating and posting, and ensuring the accuracy, completeness, and appropriateness of, materials posted on your Site and your Social Media Platforms
(d) using the Program Content, your Site and your social media platform, and the materials on or within your Site and your social media platform in a manner that does not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity, or other intellectual property or proprietary rights) and ensuring compliance.
(f) any use that you make of the Program Content, and the Paw Life Brand Elements, whether or not permitted under the Agreement.
3. Promotional Limitations
You will not engage in any promotional, marketing, or other advertising activities on behalf of us or our affiliates, or in connection with a Paw Life Site or the Affiliations Program, that are not expressly permitted under the Agreement. You will not engage in any promotional, marketing, or other advertising activities in any offline manner, including by using any of our or our affiliates’ trademarks or logos (including any Paw Life Brand Elements), any Program Content, or any links in connection with email, offline promotion or in any offline manner (e.g., in any printed material, ebook, mailing, private messages on social media networks, or attachment to email, or other document, or any oral solicitation).
4. Content on your Site and your Social Media Platform
You will be solely responsible for the content on your Site and your social media platform and ensure:
(b) You will not sell, resell, redistribute, sublicense, or transfer any Program Content or any application that uses, incorporates, or displays any Program Content. For example, you will not use, or enable, or facilitate the use of Program Content within advertising outside of your Site or on or within any application, platform, Site, or service (including social networking Sites) that requires you to sublicense or otherwise give any rights in or to any Program Content to any other person or entity, nor will you display Paw Life Program Content on a Site that is not your Site.
(c) You will promptly remove from your Site and your social media platform and delete or otherwise destroy any Program Content that is no longer displayed on a Paw Life Site or that we notify you is no longer available for your use.
(d) You will not use any Program Content, including any name or likeness embodied in that Program Content, in a manner that implies a person’s or company’s endorsement or sponsorship of, or commercial tie-in or other association with, any product, service, party, or cause (including by placing unrelated third-party materials in close proximity to Program Content).
(e) You will not (and you will not seek to) purchase, register or otherwise use any Paw Life Brand Element (as defined in the Trademark Guidelines) Or variations or misspellings of any of those words (e.g., “Pawslife,” Life Paws”) for use in any Search Engine.
(f) You will not bid on or purchase keywords, search terms, or other identifiers, including the word “Paw Life,” Pawlife,” or any other trademark of Paw Life or its affiliates or variations or misspellings of any of these words.
(g) You will not offer any person or entity any consideration, reward, or incentive (including any money, rebate, discount, points, donation to charity or other organization, or other benefit) for using any of Paw Life Program Content or content.
(h) You will not intercept, record, redirect, read, interpret, or fill in the contents of any electronic form or other material submitted to us by any person or entity.
(i) You will not request, collect, obtain, store, cache, or otherwise use any account information used by our customers in connection with any Paw Life Site (including any usernames or passwords of Paw Life Site Pet Parents).
(j) You will not modify, redirect, suppress, or substitute the operation of any button, link, or other feature of Paw Life Site.
(k) You will not make any orders or engage in other online bookings of any kind on a Paw Life Site on behalf of any other person or entity, or authorize, assist, or encourage any other person or entity to do so.
(l) You will not take any action that could reasonably cause any Pet Parent confusion as to our relationship with you, or as to the Site on which any functions or online bookings (for example, search, browse, or order) are occurring.
(m) You will not include on your Site, display, or otherwise use Program Content in connection with, any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device.
(n) You will not frame a Paw Life Site, or any part of it, within your Site, including by display within an integrated web browser (e.g., WebView) within a Mobile Application. However, displaying a Program Content on your Site in accordance with the eligibility criteria of these Participation Requirements, will not be a violation of this section.
(o) You will not post or serve any Program Content or other content promoting a Paw Life Site within any pop-up or pop-under windows, transitional page ads, or layer ads, except for pop-up windows in conjunction with your Site promoting Services closely affiliated with the materials on your Site.
(p) You will not include any Program Content in any content that you place on a Paw Life Site (for example, in connection with any advertising service available through a Paw Life Site or in a customer review, forum, Wish List, guide, or any other customer-generated context available on a Paw Life Site).
(q) You will not attempt to circumvent the Commission Income Statement or artificially increase your commission income.
(r) You will not artificially generate clicks or impressions on your Site or create Sessions on a Paw Life Site, whether by way of a robot or software program or otherwise.
(s) You will not display or otherwise use any of our Pet Parent reviews or star ratings, in part or in whole, on your Site or Social Media Platforms unless you have obtained authorisation from Paw Life Pty Ltd.
(t) You will not cloak, hide, spoof, or otherwise obscure the URL of your Site containing Program Content (including by use of Redirecting Links) or the user agent of the application in which Program Content is displayed or used such that we cannot reasonably determine the Site or application from which a Pet Parent clicks to the Paw Life Site.
(u) You will not use a link shortening service, button, hyperlink or other ad placement in a manner that makes it unclear that you are linking to a Paw Life Site.
(v) Upon our request, you will provide us with written certification that you have complied with the Agreement (generally or specifically with respect to any provision of the Agreement, including the Program Policies). Any failure to provide the certification in accordance with our request will constitute a material breach of the Agreement.
(w) You will not display on your Site or Social Media Platforms, or otherwise use, any Program Content to advertise or promote any Services that are offered on any Site that is not a Paw Life Site (e.g., Services offered by other Pet Professionals). You will not display on your Site or otherwise use any data, images, text, or other information or content you may obtain from us that relates to Excluded Services.
Affiliations Program Trademark Guidelines (“Paw Life Brand Elements”)
These Guidelines apply to the use of the brand elements we may make available to you as part of Program Content (“Paw Life Brand Elements”). Strict compliance with these Guidelines is required at all times, and any use of the Paw Life Brand Elements in violation of these Guidelines will automatically terminate any license related to your use of the Paw Life Brand Element.
1. YOU ARE ALLOWED TO USE THE PAW LIFE BRAND ELEMENTS ONLY BY DISPLAY ON YOUR SITE AND YOUR SOCIAL MEDIA PLATFORMS WITH THE PURPOSE OF ADVERTISING AVAILABILITY OF SERVICES ON A PAW LIFE SITE, WITH A CORRESPONDING PROGRAM CONTENT TO THAT SITE.
2. Your use of the Paw Life Brand Elements must (i) comply with the most up-to-date version of these Guidelines; and (ii) comply with all Program Policies (under schedule 4)
3. You may use the Paw Life Brand Elements solely for the purpose specifically authorized under the Program Policies (under schedule 4). You may not use or display the Paw Life Brand Elements (i) in any manner that implies sponsorship or endorsement by us; (ii) to disparage us, our Services or services; (iii) in a way that may, at our discretion, diminish or otherwise damage our goodwill in the Paw Life Brand Element; or (iv) in offline material or email (e.g., in any printed material, mailing, SMS, MMS, attachment to email, or other document, or any oral solicitation).
4. We will supply an image or images of the Paw Life Brand Elements for you to use. You may not alter any Paw Life Brand Element in any manner. For example, you cannot change the proportion, colour, or font of any Paw Life Brand Element, or add or remove any elements from any Paw Life Brand Element.
5. Each Paw Life Brand Element must appear by itself, in its entirety, with reasonable spacing between each side of the Paw Life Brand Element and other visual, graphic, or textual elements. Under no circumstance can any Paw Life Brand Element be placed on any background that interferes with the readability or display of that Paw Life Brand Element.
6. All rights to the Paw Life Brand Elements are our exclusive property, and all goodwill generated through your use of any Paw Life Brand Element will inure to our exclusive benefit. You will not take any action that conflicts with our rights in, or ownership of, any Paw Life Brand Element.
7. You cannot use or apply to register any trademark that is confusingly similar to any Paw Life Brand Element in any jurisdiction. You cannot use or apply to register any trademark, domain name, subdomain, username or app name that is confusingly similar to any Paw Life Brand Element in any jurisdiction.
We reserve the right to modify these Trademark Guidelines and the approved Paw Life Brand Element, at any time and at Paw Life's sole discretion, by posting a change notice or revised Trademark Guidelines or approved Paw Life Brand Elements on the Paw Life Site.
We reserve the right to take appropriate action against any use without permission or any use that does not conform to these Guidelines, at any time and at Paw Life's sole discretion.
Affiliations Program IP License (“License”)
This License governs your use of Program Content in connection with your participation in the Affiliations Program. By accepting the Agreement, or by accessing or using the Program Content, that permit you to access and use certain types of data, images, text, and other information and content relating to Services which we may make available to you, you agree to be bound by this License.
1. Limited License to Program Content
Subject to the terms of the Agreement and solely for the limited purposes of participation in the Affiliations Program in strict compliance with the Agreement (including this License and the other Program Policies), we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to: (a) copy and display Program Content solely on your Site and Social Media Platforms; and (b) use only those of the Paw Life Brand Elements (as defined in the Trademark Guidelines) we make available to you as part of the Program Content, solely on your Site and Social Media Platforms and in accordance with the Trademark Guidelines.
You will use Program Content solely in accordance with the terms of the Agreement and within the express scope of the license granted herein. Without limiting the foregoing, you will (a) use Program Content solely to send end users and sales to a Paw Life Site and will not link any Program Content to, or in conjunction with any Program Content, direct traffic to any page of a Site other than a Paw Life Site (however, parts of your Site that are not closely Affiliated with the Program Content may contain links to Sites other than a Paw Life Site) and (b) link each use of the Program Content solely to the related Product detail page or other relevant page of the Paw Life Site and not to any other page.
Schedule 5: Paw Life’s Pet Professional Verification Criteria
The Pet Professional must submit FICA Documents for Identity Verification. This allow us to ensure you are who you say you are.
Paw Life's skilled representatives will conduct face to face interviews with Pet Professionals at their premises to ensure Paw Life’s Quality Standards are adhered to.
The Pet Professional must supply 3 contactable independent references which is validated before the Pet Professional can be listed on the Paw Life Site.