The following are the terms and conditions (these “Terms and Conditions”)
of participating in the ilovepets Member Program (the “Program”). "Member" refers
to you. We may also refer to you as “you” or “your” in
the possessive. "Site" refers to us. "Site" means a World
Wide Web site and, depending on the context, refers either to the ilovepets site,
located at the URL www.ilovepets.biz, or to any site that you will link
to our site (and which you will identify in your Program application).
ilovepets reserves the right to amend these Terms and Conditions as needed
from time to time. You agree that any such amendment will apply to you, the Member.
By accepting commissions where applicable and/r continuing to use ilovepets products,
Member agrees to these amendments.
Sending any e-mail on any subject to anyone or any organization that has not
requested this information, without specifically requesting it directly or by
giving his or her permission for you to send them information, is prohibited.
We do not tolerate members sending junk e-mail. Because of the nature of our
service, you may be tempted to profit by sending mass e-mails. Be advised: You
may not send unsolicited e-mail. E-mails are much more effective when sent to
groups in an e-mail newsletter or other participating in a group program.
Sending junk e-mail advertising of any kind from our website(s) is cause for
immediate and permanent termination of your account, including any and all affiliate
commissions, where applicable.
We accept and log spamming complaints at our home office. The accumulation of
5 or more complaints to any single e-mail account is grounds for termination.
If you violate this policy and it causes damage or loss to our servers, or causes
one (or more) of our web sites to be interrupted from normal service, you will
be held liable for actual damages and/or any indirect, incidental, special or
consequential damages, such as loss of business.
Participation in the Program
Your participation in the Program is based on good faith, to wit: that you represent
the offers and savings, as delivered to you, correctly. We may terminate your
membership in the Program at any time if we determine (in our sole discretion)
that your representation and sites whereon you are advertising are unsuitable
for the Program. Unsuitable sites include those that:
- Promote sexually explicit materials;
- Promote violence;
- Promote discrimination based on race, sex, religion, nationality, disability,
sexual orientation, or age;
- Promote illegal activities; or
- Violate intellectual property rights.
If we terminate your membership in the Program for any reason, you are welcome
to reapply to the Program at any time or contest the termination.
You should also note that if we accept your application and your site is
thereafter determined
(in our sole discretion) to be unsuitable for the Program, we may
terminate
this agreement implicit in thee Terms and Conditions.
Supplementation of Information
We may, from time to time, supplement the information we collect online with outside records (e.g., information from our Strategic Partners or from wireless providers) to enhance our ability to serve you, to tailor our content to you, and to offer you opportunities to purchase products or services that we believe may be of interest to you.
We are able to offer our services to you, in part, based on your willingness to be reached by our third party advertisers. We may sell our user information and/or join together with other businesses to bring selected opportunities to our members. By allowing us to make the information you supply available to these third parties, you are able to receive free information on products and services that may be of interest to you. We will use contact information from your registration data to send you information about our products and services and to keep you informed of our other products and services that may be of interest to you. This information may also be shared with third party advertisers who may contact you by means of e-mail, telephone or other sources of marketing. We do not control, and are not responsible for, the practices of our third-party advertisers.
By submitting your e-mail address at the Website or the website of one of our marketing partners, and/or obtaining services from us, you agree to receive e-mail or telephone calls or other marketing from us and/or our third-party advertisers notwithstanding a prior decision, made by you, to opt out of this or any other of our or a third party affiliate of ours program, pursuant to the CAN-SPAM Act, you are agreeing to opt back in and to receive marketing materials until you decide to opt-out. In addition, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "ATSR"). Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, We retain the right to contact you via telemarketing in accordance with the ATSR. Moreover, by registering with, or requesting information from, a third-party advertiser at or through the Website or other advertisement media made available by us (e.g., email marketing), such action shall constitute a purchase, an inquiry and/or an application with the respective third-party advertiser for purposes of the ATSR and you may be contacted via email, direct mail and/or telemarketing by such third-party advertiser in accordance with the ATSR.
Membership Fees associated with the Program are monthly. This means
you will be billed a monthly fee of $39.95 for your online membership
in
the Program.
Customers who join as Members through this Program will be deemed
customers of ilovepets and
its parent/sister organizations, affiliates, partners or associates.
Accordingly, all ilovepets rules, policies, operating procedures,
customer service, and sales will apply to those customers. We may
change our policies
and operating
procedures at any time. Product prices and availability may vary
from time to time. We will use commercially reasonable efforts
to present accurate
information,
but we cannot guarantee the availability or price of any particular
product. If we determine the price charged to you for any item is an error we
reserve the right to refund your order with no liability.
We grant you a nonexclusive, revocable license to use the text
or images that we provided to you, that are relevant to your participation
in
the Program.
The limited license is given solely for the purpose of identifying
your site from
which Members may identify applicable products from the member
warehouse
to assist in generating membership and affiliate sign-ups. You
may not modify
the graphic
image or text provided, or any other of our images, in any way.
We reserve all of our rights in any and all graphic images and
texts,
any other
images, our
trade names and trademarks, and all other intellectual property
rights that are expressly and/or impliedly granted in this paragraph.
We
may revoke your
limited
license at any time by giving you written notice.
You are solely responsible for the development, marketing, promotion,
of any/all member affiliate sites. The success of your marketing
efforts, as reflected
in the number of sales and affiliate sign-ups, may vary based on
current marketing conditions. Any creative materials we provide
for marketing
and the Program
in
general carry no guaranteed or successful or profitable results.
For example, you will be solely responsible for:
- The accuracy and appropriateness of materials posted on Member sites
(including,
among other things, all product-related materials);
- Ensuring that materials posted on member sites do not violate or infringe
upon
the rights of any third party (including, for example, copyrights,
trademarks, privacy, or other personal or proprietary rights) or violate
any city,
county, state or federal law;
- Ensuring that materials posted on Member sites are not libelous or otherwise
illegal;
- Ensuring that Member sites accurately and adequately disclose, either
through a privacy policy or otherwise, how you collect, use,
store, and disclose data
collected from visitors, including, where applicable, how third
parties (including advertisers) may serve content and/or advertisements and
collect information
directly from visitors and may place or recognize cookies on
visitors' browsers.
We disclaim all liability for these matters. Further, you will
indemnify and hold us harmless from all claims, judgment, demands, damages,
and expenses
(including,
without limitation, attorneys' fees) relating to the development,
operation, maintenance, and contents of your marketing efforts, relative
to your participation
in the Program.
Where applicable, affiliate commissions will be paid
on a monthly basis. Within 30 days following the end
of each
month,
affiliate
commissions
will be paid
by check. However, if the affiliate commissions earned
for any given month are less
than $100, we will hold payment until the total amount
due is at least $100, accumulating in your account, or,
if your participation
in the
Program is terminated.
In calculating affiliate commissions, we will deduct
the corresponding affiliate commission if any transaction
is
returned for any
reason.
It is your sole responsibility
to insure the correctness of your contact information.
Checks will
be mailed to the contact information contained in your
account. Although the affiliate
program is not limited to the United States of America,
all payments will be made in U.S. dollars. We are not
responsible for lost
commission checks
due
to outdated or incorrect information in your account.
All tax liabilities incurred due to commission payments
are
your sole
responsibility. ilovepets will
provide tax statements required by current tax code.
- Member may not use his or her knowledge, or association
with other Members to compete against ilovepets.
Also, Members may not enter into an agreement with
any company that
is connected
to, associated with or
doing business
with the travel, and retail industries. However, Members
may partner with companies for the purpose of marketing
or selling
products
from their Member
sites. This
would include, but not be limited to, Online Auction
sites, traffic promotion sites, etc.
- Member agrees that he or she is an independent contractor,
and not an employee, agent, partner, legal representative,
or franchisee
of ilovepets.
Member further agrees not to incur any debt, expense, and obligation on behalf
of, for, or in the name of ilovepets.
- Applications for Member status are subject to
approval by ilovepets.
- Member must be of legal age in his/her state.
- Members will be issued a "Member Link", or unique URL, which allows ilovepets to
identify visitors from Member site as originating from
Member. These visitors are tracked with this unique URL and sales are recorded
with the appropriate
Member ID. To receive commissions, Member must use
the provided
Member Link. The URL may be in various forms such as a banner,
image, or text
link.
- Member is solely responsible for insuring that his
or her Member Link is set up properly to qualify for
commissions.
- ilovepets is not responsible for acts by third parties, or other
events outside our reasonable control, which may temporarily disrupt or diminish
Member’s service.
- Member shall follow ilovepets advertising guidelines and agrees
not to misrepresent ilovepets’s products
or services.
- ilovepets shall not be held liable for any indirect, incidental,
special or consequential damages or any loss of revenue or profits arising under
or with respect to these terms and conditions or the Program, irrespective if ilovepets has
been advised of the possibility of such damages. ilovepets aggregate
liability arising under or with respect to these Terms and Conditions and/or
the Program shall in no event exceed the total commissions paid or payable by ilovepets under
this agreement.
- ilovepets makes no warranties, expressed
or implied, with regard to the Program except as outlined
in there
Terms and
Conditions.
- In the event that a provision in these Terms and
Conditions is held to be invalid or unenforceable,
such provision
shall be reformed
only
to the extent
necessary to make it enforceable, and the balance
of these Terms and Conditions will remain in full force
and effect.
These Terms and Conditions will be governed and construed, to the extent applicable, in accordance with The Federation of Saint Kitts and Nevis law. The parties hereto consent to exclusive jurisdiction and venue in the courts of The Federation of Saint Kitts and Nevis. The parties further agree not to disturb such choice of forum, and if not resident in such state, waive the personal service of any and all process upon him or her, and consent that such service of process may be made by certified or registered mail, return receipt requested, addressed to the parties as set forth herein.