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. 

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

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

"Business Day" means any day other than Saturday or Sunday that is not a federal or Ontario provincial statutory holiday

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.

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.

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.

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.

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.

We will track the following elements of all sales:

You will be paid commission calculated on the following basis:

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.

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.

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.

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.

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 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.

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.

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.

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.

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