Affiliate Program Operating Agreement

This Affiliate Program Operating Agreement (“Operating Agreement”) contains the terms and conditions that govern your participation in the Affiliate Program (the “Program”). “We,” “us,”, “our” or “DogOnline” means Dog On Line (PTY) LTD. “You” or “your” means the applicant. A “site” means a website. “Your site” means any site(s), any software application(s) and any Mobile Application that you link to us. “Advertising Fees” means commissions earned for a successful and verified sale of product on the Partner Site by a customer using your referral link.

Advertising Fees

1. Commissions are 5% of the purchase (excludes delivery charge). This is calculated 14 days in arrears to accommodate our returns policy. Commission is subject to change at any time at our discretion.
   1. Commission can only be paid out if the affiliate link is used and tracked for the purchase.
   2. Commissions due and payable by DogOnline to an Affiliate will not accrue interest.

Pay-outs

2. Should you want a pay-out, you will need to request it on amounts of R250 or more.
   1. Pay-outs requested in the form of a store discount coupons receive an extra 5% on top of the value of the pay-out amount.
   2. Store discount coupons may be used to make a purchase on the main store dogonline.co.za
   3. Store Discount coupons may not later be redeemed for cash.
   4. Pay-outs not redeemed as store discounts can only be made out to a South African Bank account
      1. An Electronic Fund Transfer (EFT) will be initiated within 7 days of the request.

Customer Orders

3. DogOnline will be responsible for all aspects of order processing and fulfilment, including order entry, payment processing, shipping and handling, cancellations, returns and related customer service.
   1. Product prices may change and affect items that you have advertised, you may not include price information on your descriptions.

Links, Logos & Artwork

4. We grant you a non-exclusive, non-transferable, revocable right to
   1. access our site through links solely in accordance with the terms of this Agreement, and,
   2. to use DogOnline logos or artwork (all copyrighted) solely for the purpose of selling product on your site for DogOnline. You may not alter, modify or change the DogOnline logo in any way. We reserve all our rights to the DogOnline logo and have the rights to revoke the agreement and marks at any time.

Reference to DogOnline

5. You shall not create, publish, distribute or permit any written material that makes reference to us, without first submitting such material to us and receiving our written consent.
   1. Any use of unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable, such as sites that facilitate illegal activity, depict sexually explicit images; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities or incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights will result in immediate cancellation of your access to the affiliate program. (See point 8).

6. You may not misrepresent DogOnline in anyway and you may not present yourself as DogOnline, associated brands or website. You are acting independently from DogOnline as an affiliate.
7. Any e-marketing must be done in accordance with South African laws as well as under spam & POPI regulations. You may not use the DogOnline links to spam potential clients.
   1. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. We shall have no responsibility for the development, operation, and maintenance of your site and for all materials that appear on your site. You hereby represent and warrant to us that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and materials posted on your site are not libellous or otherwise illegal. You must have express permission to use another party’s copyrighted or other proprietary material. We will not be responsible if you use another party’s copyrighted or other proprietary material in violation of the law.

Further Terms and Conditions

8. The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated by either party with 14 days notice. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice to terminate this Agreement. Upon such notice, you agree to promptly destroy or return to DogOnline all artwork pertaining to DogOnline in your possession or control and you shall immediately remove from your site any or all DogOnline artwork, links to the DogOnline web sites, and all references to DogOnline. If this Agreement is terminated because you have violated the terms of this Agreement or if this Agreement is terminated because your site becomes subject to the Content Restrictions, you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
9. Title, ownership, and intellectual property rights involved in our services and products shall remain with us.
10. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion.
11. You, and Dog On Line (PTY) LTD referred to here as “DogOnline” are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
12. You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you.
13. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such 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 same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person’s use of the information.
14. YOU ACKNOWLEDGE THAT YOU HAVE AGREE WITH THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETITIVE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
15. Any affiliate suspected of a relationship, formal or informal, with any provider of spyware or parasitic software (as judged by any interference with the operation by design of DogOnline and/or its partner sites) is subject to punitive actions by DogOnline, without notice, including but not limited to: suspension of affiliate account; termination of affiliate account; withholding of payments to affiliate; and public notification of affiliate’s suspected malfeasance. DogOnline encourages affiliates to report suspicions of such relationships; and, should substantial proof, as judged by DogOnline, be provided, DogOnline reserves the right to assign a value equal to unpaid monies earned by the offending affiliate (or a part thereof) to the reporting affiliate as a bounty.
16. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND “DogOnline”. BY SIGNING THIS AGREEMENT, YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE HAD AN OPORTUNITY TO READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF.