Affiliate Terms and Conditions
Bark Potty Affiliate Terms & Conditions
Please read our affiliate terms and conditions carefully before you join our Program or begin marketing our products. These terms and conditions are written in plain language, intentionally avoiding “legalese” where possible, to ensure that they may be clearly understood and followed by affiliates. Each Affiliate is responsible for assuring that its employees, agents and contractors comply with these terms and conditions. Affiliate terms and conditions are subject to change. We may modify any of the terms and conditions contained in these terms and conditions, at any time and in our sole discretion, by posting a change notice or a new agreement on the ShareASale Affiliate Network. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THESE TERMS AND CONDITIONS. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR WEBSITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. Thank you.
As used in these terms and conditions: (i) “affiliate” or “Affiliate” means an individual or entity enrolling in the Program to market certain products on behalf of Bark Potty for a commission through Bark Potty’s third-party affiliate network platform (www.ShareASale.com) (ii) “we”, “us”, or “our” refers to Sympoz Inc. d/b/a Bark Potty and Our Website; (iii) “you” or “your” refers to the Affiliate; (iv) “Our Website” refers to the Bark Potty properties located at mybarkpotty.com; (v) “Your Website” refers to any websites that you will link to Our Website; (vi) “Program” refers to the Bark Potty Affiliate Program, of which these terms and conditions are a part and (vii) “sub-affiliate network” refers to a parent affiliate that has sub-affiliates operating underneath them (viii) “sub-affiliates” refers to affiliates who refer visits and sales to the Bark Potty’s website through a parent affiliate.
After receiving your application, we will review Your Website and notify you of your acceptance into or rejection from our Program. Please include in your application all of the websites that you currently use or plan to use in your profile. Including a list of all websites in your profile is required for approval and will help us to make a better decision. Please allow up to 48 hours for your application to be reviewed. If you add a website to your profile after the initial approval, please provide written notification to Bark Potty. We reserve the right to reject any application for any reason, including if we determine (at our sole discretion) that Your Website is unsuitable for the Program. Unsuitable sites may include, but are not limited to, sites that: contain content that is not appropriate, are unrelated or not highly relevant to the Bark Potty audience; or are primarily a link or banner farm that contains little to no content. It is your obligation to maintain complete and accurate contact information with Bark Potty.
However, we encourage you to contact us if you reasonably believe that we have made an incorrect decision with a clear explanation as to why Your Website is appropriate or relevant to the Bark Potty audience. You should also note that if we approve your application and Your Website is determined thereafter (in our sole discretion) to be unsuitable for the Program, we may terminate your participation without notice and any current commissions accrued may be voided. Our approval of Your Website shall not be considered an acknowledgement of any qualities of Your Website or waive your obligation to comply with all of the terms contained herein.
- WEBSITE RESTRICTIONS
You, Your Website(s) and/or social media entities may not:
- Infringe on or misappropriate our or any anyone else’s intellectual property, publicity, privacy or other rights.
- Violate any law, rule or regulation.
- Promote or contain any content that (i) promotes illegal activities, discrimination, or violence, (ii) contains nudity, pornography, or sexually explicit materials or (iii) is threatening, harassing, defamatory, obscene or harmful to minors (in each case, as reasonably determined by Bark Potty in Bark Potty’s sole discretion).
- Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
- Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. This prohibition includes, without limitation, toolbars, browser plug-ins, extensions and/or add-ons that enable such intercepts, diversions, redirections, and the like.
- Incentivize or reward anyone for clicking your affiliate links or taking action on Our Website that results in a commission being reward to you as an affiliate, including by promoting any sweepstakes or contests.
- Promote or contain any content, or engage in any action, that is deceptive, unfair or misleading in any manner.
- BARK POTTY INSTRUCTOR RESTRICTIONS
Bark Potty instructors are allowed to be ShareASale affiliates unless notified by Bark Potty.
- LINKING TO OUR WEBSITE
Upon acceptance into the Program, links will be made available to you through the affiliate interface. Your acceptance in our Program means you agree to abide by the following.
- You will only use linking code obtained from the affiliate interface without modification or manipulation.
- All domains that use your affiliate link must be listed in your affiliate profile.
- Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is Our Website or any part of Our Website including, without limitation, framing of our Website in any manner.
- You may not engage in cookie stuffing, include pop-ups, or place false or misleading links on Your Website. In addition, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
- Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.
- We will not be liable to you with respect to any failure by you to use tracking links.
- You acknowledge that, by participating in the Program and placing any of the tracking links on Your Website, we may receive information from or about visitors to Your Website. We may monitor, crawl or otherwise investigate Your Website in connection with the Program.
- PPC GUIDELINES
If you are enrolled in our Program and participate in pay-per-click “PPC” advertising, you must adhere to our PPC guidelines as follows:
- You may not bid on any of our trademarked terms (which are identified below), including any variations or misspellings thereof for search or content-based campaigns on Google, Bing, Facebook or any other network.
- You may not use our trademarked terms in sequence with any other keyword (e.g. Bark Potty Coupons).
- You may not use our trademarked terms in your ad title, ad copy, display name or as the display URL.
- You may not direct links to Our Website from any Pay Per Click ad or use redirects that yield the same result. Affiliate links must be directed to an actual page on Your Website.
- You may not bid in any manner appearing higher than Bark Potty for any search term in position 1-5 in any auction style pay-per-click advertising program.
- If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your program and we strongly suggest you add our trademarked terms as negative keywords. We have a strict no tolerance policy on PPC trademark bidding. You will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning if you engage in PPC trademark bidding that uses our trademarked terms.
Trademarked Terms: Bark Potty, BarkPotty.com, myBarkPotty.com
- COUPON GUIDELINES
If you are enrolled in our Program and Your Website promotes coupon codes, you must adhere to our coupon guidelines (“Coupon Guidelines”) as follows:
You may ONLY advertise coupon codes that are provided to you through the Program that are displayed on Our Website(s).
Posting any information about how to work around the requirements of a coupon/promotion (e.g. first time customers only) will result in removal from the Program.
Coupons must be displayed in their entirety with the full offer, valid expiration date and time and code.
You may NOT use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s).
You may NOT advertise coupon codes obtained from any non-affiliate marketing channel, including coupon codes from our email, paid search or any other non-affiliate advertising campaigns.
You may NOT give the appearance that any ongoing offer requires clicking from Your Website in order to redeem. For example, if all items on the site have free shipping over $100, you may not turn this into an offer that infers that the customer must click from Your Website to get this deal.
You may NOT present a button that claims to show all offers that sets the affiliate cookie in the background.
You may NOT display codes that do not exist in order to generate a click.
You may NOT use technology that generates a click or sets the cookie from the action of copying a coupon code or through a pop under.
Additionally, if your website ranks on the first page of Google for terms related to our website or company name(s) combined with the words coupon, coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders.
- SUB-AFFILIATE NETWORKS
Promoting Bark Potty through a sub-affiliate network is permitted, however you must be completely transparent with regards to where traffic from your sub-affiliates originated. Sub-affiliate networks must ensure that all sub-affiliates promoting the Bark Potty Program adhere to our Program terms and conditions as if they were an Affiliate thereunder. This includes, without limitation, restrictions on advertising through toolbars, browser extensions, and through any paid placements such as pay-per-click campaigns. Sub-affiliate networks must also contact Bark Potty at the time of application to disclose any coupon sub-affiliates that might promote the Bark Potty Program. If coupon sub-affiliates are added to the sub-affiliate network after the sub-affiliate network’s acceptance to the Program, the sub-affiliate network must provide written notice to Bark Potty at the time the sub-affiliate is added. Bark Potty reserves the right to revoke Program membership if any coupon sub-affiliate site does not follow our Coupon Guidelines.
Failure to comply with our sub-affiliate network terms may result in a revoked Program membership for the parent affiliate (and any (or all) sub-affiliates) and a loss and/or reduction of commission from sales made through any sub-affiliate that does not comply with our Program terms.
- DOMAIN NAMES
Use of any of our trademarked terms as part of the domain or sub-domain for Your Website (e.g. barkpotty.website.com or www.barkpotty-coupons.com) is strictly prohibited.
- ADVERTISING & PUBLICITY
You shall not create, publish, distribute, or print any written material that makes reference to our Program without first submitting that material to us and receiving our prior written consent (which may be withheld in our sole discretion). If you intend to promote our Program via email campaigns, you must adhere to the following:
- Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) (the “Act”) with respect to our Program.
- Email must set forth you as the “sender” of such messages as required by the Act and must not imply that the email is being sent on behalf of Bark Potty.
- Email must adhere to our Program terms and remain consistent with the Bark Potty brand.
You may not send SMS or MMS messages to a user’s device unless the user has specifically opted in to receiving such messages, in compliance with all applicable laws, rules, regulations and best industry practices.
- SOCIAL MEDIA
Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:
You shall comply with all terms, conditions, guidelines and rules set forth by the applicable social media platform provider, and shall not take any actions that would put Bark Potty in violation of such requirements.
You ARE allowed to promote offers to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Twitter, etc. pages. For example, you may post: “25% off sale at Bark Potty through Wednesday with link XYZ.”
You ARE PROHIBITED from posting your affiliate links on Bark Potty’s social media sites (including without limitation Bark Potty’s Facebook, Twitter, or Pinterest company pages, or any Bark Potty administered social pages (e.g. the “Sewing Club” Facebook page)) in an attempt to turn those links into affiliate sales.
You ARE PROHIBITED from using Bark Potty’s trademarked company name or any variation as a targeted “Interest” or keyword in ads purchased on Facebook.
You ARE PROHIBITED from creating a social media account that includes Bark Potty’s trademark in the page name and/or username.
You may not collect personal information from children under 13 in violation of the Children’s Online Privacy Protection Act (“COPPA”). In addition, you may not place links to the Program or Our Website on websites targeted towards children under 13 or send us personal information in violation of COPPA.
- OPERATIONS OUTSIDE UNITED STATES
If you are conducting business in or taking orders from persons in other countries, you will follow the laws of those countries. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive if you are conducting business in or taking orders from persons in one or more of the European Union countries.
- BARK POTTY RIGHTS AND REMEDIES, INCLUDING REVERSAL OF COMMISSIONS
Without limiting any other rights or remedies of Bark Potty, if Bark Potty reasonably determines that you have violated any of these terms and conditions, we may take any one or more of the following actions:
- Reverse your orders, transactions or commissions.
- Require you to forfeit any or all commissions.
- Set your commission level to 0%.
- Suspend you in full or in part from the Program.
- Terminate you from the Program.
- Refer your activities to legal authorities.
- Share your information with third parties who are the victims, targets or otherwise affected by your violation of these terms and conditions.
Without limiting other rights or remedies of Bark Potty, we reserve the right to reverse commissions due to order cancellations, duplicate tracking, pixel errors, returns, disputed charges (including, without limitation, credit card fraud), high numbers of transactions originating from countries where English is not the dominant language, and Program violations as outlined in these terms and conditions. We also reserve the right to reverse commissions if we find suspicious transactions that we determine are likely to be fraudulent rather than genuine transactions by individuals likely to be part of the Bark Potty audience. We may offset any reversals against any payments due to you.
We may also terminate your participation in the Program at any time without cause, in which case you will be paid all commissions properly due through the effective date of such termination.
ShareASale will process payments for all commissions and bonuses paid to affiliates.
- RESPONSE TO INQUIRIES
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are examples of violations of our communications policy.
You are not forthcoming, intentionally vague, commit fraud, or are found to be lying.
You are not responsive within a reasonable time period and after multiple attempts to contact you with information listed in your network profile.
You cannot substantiate or validate the source of your traffic to our Program with clear and demonstrable proof.
- FTC DISCLOSURE REQUIREMENTS
You shall include a disclosure statement within any and all pages, blog posts, social media posts and emails where affiliate links for our affiliate Program are posted, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or from the affiliate management team for review, this also must be clearly stated in your disclosure.
Disclosures must be made in as close proximity as possible to the claims.
Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g. Disclosure should be visible before the jump).
Pop-up disclosures are prohibited.
You must comply with all FTC disclosure requirements, including the FTC’s “Dot Com Disclosures” Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf; and the FTC’s Endorsement Guidelines at: https://www.ftc.gov/tips-advice/business-center/advertising-and-marketing/endorsements
As between you and Bark Potty, Bark Potty shall exclusively own all right, title and interest, including all Intellectual Property Rights, in and to Our Website and the Program. For the purposes of these terms and conditions, “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all copyrights, trademarks, trade secrets, patents, service marks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.
You shall defend, indemnify and hold Bark Potty, its affiliates, and each of their employees, officers, directors and agents harmless from all claims, damages, losses, liabilities, fees, costs and expenses (including, without limitation, attorneys’ fees) relating to: (i) the development, operation, maintenance, and content of Your Website; (ii) breach of any of these terms and conditions; or (iii) infringement, misappropriation or violation of any Intellectual Property Rights arising out of your participation in the Program.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BARK POTTY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE PROGRAM OR OUR WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED BY BARK POTTY. IN ADDITION, OUR WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BARK POTTY SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF, DAMAGE TO, OR CORRUPTION OF, DATA, LOSS OF USE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE PROGRAM HOWEVER CAUSED, WHETHER ARISING UNDER STATUTE, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR WHETHER SUCH DAMAGE WAS FORESEEABLE OR IN THE CONTEMPLATION OF THE PARTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM IS LIMITED TO THE GREATER OF ONE THOUSAND DOLLARS ($1,000) OR THE AMOUNTS PAID BY BARK POTTY TO YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE FIRST OCCURRENCE OF EVENTS GIVING RISE TO THE IMPOSITION OF LIABILITY UNDER THE PROGRAM.
- RELATIONSHIP OF PARTIES
The parties are independent contractors, and nothing in these terms and conditions 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 Website or otherwise, that reasonably would contradict anything in this Section.
- SEVERABILITY AND WAIVER
If one or more provisions of these terms and conditions are held to be unenforceable under applicable law, then (i) such provision(s) shall be excluded from these terms and conditions, (ii) the balance of these terms and conditions shall be interpreted as if such provision(s) were so excluded and (iii) the balance of these terms and conditions shall be enforceable in accordance with their terms. The failure of Bark Potty to exercise any of its rights under these terms and conditions shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach.
- GOVERNING LAW
These terms and conditions shall be governed by, construed and enforced in accordance with the laws of the State of Delaware. Any dispute arising out of or relating to these terms and conditions will be subject to the exclusive jurisdiction of the state and federal courts located in the County of Denver, State of Colorado. By you applying to and/or joining the Program (and becoming an Affiliate thereunder), you submit to the exclusive jurisdiction of such courts. The prevailing party in any action shall be entitled to recover all of its legal fees and expenses in connection with such action.