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PLEASE READ THIS AGREEMENT CAREFULLY

Four Legs or Wings Pets Inc. Affiliate Program Agreement

Last Modified: June 24, 2024

This Affiliate Program Agreement (the “Agreement”) contains the terms and conditions that govern your participation in the Four Legs or Wings Inc. Affiliate Program (the "Program"). "You" or "your" means the Program applicant. "We," "us," or "our" means Four Legs or Wings Pets Inc. of 8-190 Resource Rd. Kingston, ON K7P 0V4 Canada. 


By checking the box indicating that you agree to the Terms and Conditions of this Agreement, you agree to be bound by this Agreement; if you do not agree to be bound by the Terms of this Agreement, do not check the box indicating that you agree to the Terms and Conditions and do not participate in the Program.

If we update terms of the Agreement, we will let you know in writing via email. By continuing to participate in the Program after we have sent you the revised terms, you agree to be bound by the updated Agreement. If you do not agree to the revised terms, or you wish to be removed from the Program at any time, you may choose to terminate as we describe below.

DESCRIPTION OF THE AFFILIATE PROGRAM

The purpose of the Program is to permit you to advertise our Products on your website and social media and to earn commission for Purchases made by your end users. A "Product" is any item sold on the Four Legs or Wings Pets website. In order to facilitate your advertisement of Products, we may make available to you data, images, text, link formats, widgets, links, and other linking tools, and other information in connection with the Program ("Content"). Content specifically excludes any data, images, text, or other information or content relating to products offered on any site other than the Four Legs or Wings Pets website, https://fourlegsorwings.com

DEFINITIONS AND INTERPRETATION

In this Agreement the following terms shall have the following meanings:

TERM DEFINITION

"Business Day" means any day other than Saturday or Sunday that is not a federal or Ontario provincial statutory holiday
"Commencement Date" means the date that you accept this Agreement
"Commission Rate" means the percentage of commission paid on net sales revenue set out below
"Confidential Information" means all business, technical, financial or other information created or exchanged between the Parties in the course of fulfilling their obligations under this Agreement
"Current Term" means the Term that the Parties may be in at any given time
"Direct Referral" means a sale to a customer who has been lead to the Company Website through your website where that customer can be tracked directly from the latter to the former without any further intermediaries
"Registered Email Address" means the email address of Four Legs or Wings Pets Inc. as provided in the Affiliate Administration Area or the email address of your company as provided in the Affiliate's Registration Data
"Registration Data" means the information provided by you when registering for enrolment in the Program
"Refund Policy" means our refund policy as set out at https://fourlegsorwings.com/policies/refund-policy
"Term" means the term of this Agreement during which the Affiliate shall participate in the Program under the terms and conditions set out in this Agreement

The headings used in this Agreement are for convenience only and shall have no effect upon the interpretation of this Agreement. Words imparting the singular number shall include the plural and vice versa. References to any gender shall include the other gender.

ENROLMENT IN THE PROGRAM AND AFFILIATE ACCEPTANCE

When completing the application to become an Affiliate, you will provide accurate and complete Registration Data (including your email address and other contact information) and that you shall inform us of any changes in such Registration Data. You must accurately identify your website in your application.

Once complete, we will review your application and notify you whether you have been accepted to participate in the Program, or not. Before we accept your application, we may want to review your application with you, so we may reach out to you for more information.

If you are accepted to participate in the Program, then upon notification of acceptance the terms and conditions of this Agreement shall apply in full force and effect, until terminated, pursuant to the terms set forth below. Further, you may be required to complete any enrollment criteria within thirty (30) days of your acceptance. Failure to complete any enrollment criteria within thirty (30) days will result in the immediate termination of this agreement and you will no longer be able to participate in the Program.

Following your acceptance of the terms set out in this Agreement, you will be able to sign up for the affiliate program.

You will comply with the terms and conditions of this agreement at all times.

THE RELATIONSHIP

Nothing in this Agreement shall constitute, or be deemed to create, a partnership between the Parties; nor, except as expressly provided, shall it designate, or be deemed to designate, any Party the agent of any other Party for any purpose.

Subject to any express provisions to the contrary in this Agreement, you shall have no right or authority to and shall not do any act, enter into any contract, make any representation, give any warranty, incur any liability, assume any obligation, whether express or implied, of any kind on behalf us or bind us in any way.

You consent to us sending you emails relating to the Program from time to time.

You will not engage in any promotional, marketing, or other advertising activities on behalf of us, or in connection with our website or the Program, that are not expressly permitted under the Agreement. For example, you will not engage in any promotional, marketing, or other advertising activities in any offline manner, including by using any of our or our suppliers' trademarks or logos (including any Trade Mark) or any Content in connection with an offline promotion or in any other offline manner (e.g., in any printed material, mailing, email or attachment to email, or other document, or any oral solicitation).

The relationship between the Parties shall be and shall remain non-exclusive. Both parties are free to enter into similar relationships with other parties.

This Agreement or any rights herein may not be subcontracted or assigned by the Affiliate to a third party.

WEBSITE LINKS

In the Affiliate's Administration Area will be the requisite materials for a hyperlink to our website. These materials will include the HTML code for the link and a selection of graphic files to which the HTML code should be applied.

The HTML code as it appears in the Affiliate's Administration Area must be copied exactly and not altered in any way. Failure to comply with this condition may result in you receiving no credit for sales that are generated through your website.

Under no circumstances may any of the graphic files provided by us be modified in any way without our prior written authorization. You may not use graphic files of your own to link to our website.

All graphic files that we may provide for use as links may be displayed throughout your website as you deem appropriate. We reserve the right to request the alteration or removal of a link from your website.

You are required to assume full responsibility to maintain all links to our website from your website.

You consent to us monitoring, recording, using and disclosing information about your website and visitors to your site that we obtain in connection with the display of content from our website.

You may only place the links on your own website or on your YouTube channel or Social Media Profile Page with our prior agreement. You may provide website links following a word-of-mouth referral interaction (excluding oral solicitation). Under no circumstances may you put links in any form of social media, messaging apps, mass mailings, bots, paid advertising networks, promo code websites, newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc.

You will not engage in activities that could damage our reputation or harm our business in any way. Four Legs or Wings Pets Inc. reserves the right to restrict or prohibit any promotional activities at its discretion.

SITE MAINTENANCE AND CONTENT

Each Party shall be exclusively responsible for maintaining and updating its own website. Neither Party shall have any obligations to the other Party in relation to the maintenance or content of their website.

Neither Party shall be under any obligation to pre-screen any content added to their website by third parties; However, neither Party may host any content that:

is in any way unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory or otherwise objectionable;
facilitates or promotes violence, terrorism, or any other criminal activity;
is sexually explicit; or
infringes or assists or encourages the infringement of any intellectual property rights belonging to any party.
In the event that either Party receives from the other a written notification of any content that falls within that described as above, such content must be removed within 2 Business Days of receipt of such notice.

We may monitor your website and social media activity as it relates to the promotion of our products and services, and if at our discretion, we determine that you are not properly representing our products and services, or if we determine that changes are required, then you agree to make all the changes that we request, immediately.

You are free to display pricing information relating to the products marketed by us. It is your responsibility to keep such information up-to-date through your own efforts; we will not provide pricing information updates to you.

ORDERS AND CUSTOMER SERVICE

We undertake to use our best and reasonable endeavours to process and fulfill all orders placed by referred customers generated by you. We reserve the right to reject any orders that are not complete or fulfillable.

It shall be our full responsibility to ensure that all orders are completed. We shall be responsible for order entry, payment processing, handling, shipping, cancellations, returns and all subsequent customer service. You shall have no further involvement with the customer or the completion of the transaction and all customers will be made aware of the same.

In the event that prospective customers require product information then you agree to direct all product and service inquiries to us.

AFFILIATE SALES REPORTING

We will track the following elements of all sales:

origin;
sales generated;
Full reports of all sales generated through the links on your website will be available in the Affiliate's Administration Area. We reserve the right to alter the form and content of such reports without notice. We will make every reasonable effort to ensure the privacy of our customers by not providing information that may be used to identify customers.

COMMISSION AND PAYOUTS

You will be paid commission calculated on the following basis:

All Sales that result from Direct Referrals will attract a commission of 4% of ex tax price of the Goods Sold.

Cookies may be used to identify customers that have previously been referred through your website. The expiration or removal of our cookies by the customer or after a period of 30 days after the most recent Direct Referral for a particular customer, whichever is earlier. In the event that such customers are identified, sales will (unless referred directly from another affiliate's website) attract a commission. In the event that a customer cannot be tracked, no commission will be paid.

Commission shall be calculated only once the order is completed - which is once we have received payment in full from the customer and the goods have been shipped to the customer. A customer's order is classed as completed after 30 days (this time period reflects the time limit set out in our Refund Policy). A payment will be processed and paid on the 27th of each month through PayPal. If the 27th is not a business day, payment will be made on the next business day.

In the event of any refunds issued for any reasons including, but not limited to, fraud and where such refunds are not incurred through any fault of ours, you may be contacted to arrange for the repayment of any related commission.

Any and all commission paid to you shall be based on sales revenue less any tax due; however you may still be liable to pay tax on your commission. By accepting the Terms and Conditions of this Agreement you acknowledge that you are solely responsible for the payment of tax on any income they may generate through your involvement in the Program.

We reserve the right to modify Commission Rates at any time. You will be given 10 Business Days' prior written notice (the "Notice Period") of any such change. You will be given the option to opt out of the Program within the Notice Period and will, on the exercise of that option, be paid any Commission due.

The commission is calculated as follows:

[Total of the sale – taxes, shipping] x Commission Rate of 4% = Commission Paid

Commissions will be calculated and paid out in Canadian dollars, through PayPal exclusively. 

TRADEMARKS AND INTELLECTUAL PROPERTY

Subject to the terms of this Agreement and solely for the limited purposes of advertising Products on, and directing end users to, our website in connection with the Program, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, royalty free licence to use our trademarks.

All visual assets made available to you by us, remain our property. You shall have no right of claim to any of the assets in any capacity. You may not alter any of our trademarks, logos, wordmarks or branding assets. You shall not attempt to obtain a trademark or copyright claim for any such materials.

TERM AND TERMINATION

The term of this Agreement will begin upon our acceptance of your Application or by you participating in the Program. The Agreement will end when terminated by either you or us. Either you or we may terminate this Agreement at any time, with or without cause, by giving written notice to the other.

Upon the termination of this Agreement for any reason, the Affiliate shall remove the links established under this Agreement.

Upon the termination of this Agreement for any reason, all licenses granted shall also terminate. You will immediately stop using the Content and trademarks and promptly remove from your site and delete or otherwise destroy all links to our website, all branding assets, all other Content, and any other materials provided or made available by or on behalf of us to you under this Agreement or otherwise in connection with the Program. 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.

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) our customer 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 provincial or federal laws, rules or regulations, subpoena or legal process.

AFFILIATE WARRANTIES AND INDEMNITY

In accepting the terms of this Agreement you warrant and acknowledge that your website does not and will not contain any content that: is in any way unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory or otherwise objectionable; facilitates or promotes violence, terrorism, or any other criminal activity; is sexually explicit; or infringes or assists or encourages the infringement of any intellectual property rights belonging to any party.

All necessary authorities, consents and approvals have been obtained in respect of your obligations under this Agreement and will remain valid and effective throughout the Term;

Your obligations under this Agreement shall constitute legal, valid and binding obligations. Such obligations shall be direct, unconditional and general obligations; and you will not refer to us in any way in any unsolicited bulk email campaigns or other spamming practices that may be conducted.

By accepting the terms of this Agreement you agree that 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 Program, (b) our use of data you provided us, and (c) 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 defence 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 defence 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.

DISCLAIMERS

We make no warranty or representation that our Website, the Program, or any goods sold through the Program will meet you requirements or those of the your visitors, that they will be of satisfactory quality, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be compatible with all systems, that they will be secure and that all information provided will be accurate.

We make no guarantee of any specific results from the use of our website or from enrollment in the Program.

We make no guarantee that our Website shall remain functional and accessible to all users of the Internet.

LIABILITY

We shall not be liable to you for any indirect or consequential loss that you may suffer even if such loss is reasonably foreseeable or if we have been advised of the possibility of such loss being incurred.

Our entire liability to the you in respect of any breach of our contractual obligations, any breach of warranty, any representation, statement or tortious act or omission including negligence arising under or in connection with this Agreement shall be limited to $1CAD

Notwithstanding any other provision in this Agreement, our liability to you for death or injury resulting from our own negligence or that of its employees, agents or sub-contractors shall not be limited.

FORCE MAJEURE

Neither Party to this Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to, power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

DISPUTE RESOLUTION (ARBITRATION)

It is hereby agreed that where any dispute or difference relating to this Agreement arises between the Parties that matter shall be referred to the arbitration of a single arbitrator to be agreed between the Parties.

COMPLIANCE WITH APPLICABLE LAWS

You shall 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.

LAW AND JURISDICTION

The laws of the Province of Ontario and all federal laws of Canada, as applicable, govern this Agreement.

ENTIRE AGREEMENT

This agreement and its schedules constitute the entire agreement between the parties and supersede all prior agreements or understandings, whether written or oral. This Agreement may not be amended or modified except in writing, signed by both parties.