Affiliate Program Terms and Conditions
Effective Date: November 17, 2025
These Affiliate Program Terms and Conditions (the “Agreement“) govern your participation in the EveryPurchaseHelpsAnimals.com Affiliate Program (the “Program“) offered by the registrant of EveryPurchaseHelpsAnimals.com (“Company”, “we”, “us”, or “our”).
By applying to or participating in the Program, you (“Affiliate“, “you“, or “your“) agree to be bound by this Agreement. If you do not agree, do not participate.
1. Enrollment in the Program
1.1 Application. To participate, you must submit a complete and accurate Program application via our online application form. We reserve the right to approve or reject any application in our sole discretion, without liability or explanation.
1.2 Eligibility. You must be at least 18 years old (or the age of majority in your jurisdiction) and capable of forming a binding contract. You may not participate if you are a resident of a jurisdiction where the Program would violate applicable law (e.g., sanctioned countries under Canadian or U.S. export controls).
1.3 Account. Upon approval, you will receive access to an Affiliate dashboard. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
2. Promotion and Approved Activities
2.1 Promotional Methods. You may promote our products/services (“Products“) using approved marketing materials and unique referral links (“Affiliate Links“) provided in your dashboard. Approved channels include your website, blog, email (subject to Section 2.3), and social media, provided they comply with this Agreement and applicable law.
2.2 Prohibited Activities. You shall not:
- Engage in any fraudulent, deceptive, or illegal promotion (e.g., cookie stuffing, fake redirects, spyware, or brand bidding on paid search using our trademarks).
- Use our intellectual property (e.g., trademarks, logos) outside provided materials without prior written consent.
- Make false, misleading, or unsubstantiated claims about Products.
- Target minors or vulnerable groups.
- Spam or violate anti-spam laws (e.g., Canada’s CASL or U.S. CAN-SPAM – see Section 2.3).
- Self-refer or purchase Products through your own Affiliate Links.
2.3 Email and Anti-Spam Compliance. All commercial electronic messages must comply with applicable laws, including Canada’s CASL (requiring consent, identification, and unsubscribe) and U.S. CAN-SPAM (requiring accurate headers, physical address, and opt-out). You indemnify us for any violations.
2.4 Sub-Affiliates. You may not appoint sub-affiliates without our prior written approval. You are liable for their actions as if they were your own.
3. Tracking and Qualified Referrals
3.1 Tracking. We use first-party cookies to track referrals via Affiliate Links. Tracking is valid for 30 days from the user’s initial click (“Cookie Window“).
3.2 Qualified Referral. A “Qualified Referral” is a customer who:
- Completes a purchase of Products via your Affiliate Link;
- Pays in full (no refunds/chargebacks within 30 days (“Refund Period“));
- Is not generated through prohibited methods. We determine qualification in our sole discretion, with final sales data from our systems.
3.3 Disputes. Any tracking disputes must be raised within 14 days of the transaction with supporting evidence. Our records are conclusive.
4. Commissions and Payments
4.1 Commission Structure. You earn commissions on net sales from Qualified Referrals (excluding taxes, shipping, returns, discounts, and fraudulent orders) at the rate specified in your dashboard. Rates may vary by Product and are subject to change at any time without notice.
4.2 Payment Terms. Commissions are calculated monthly and paid within 45 days after month-end, provided your accrued balance exceeds USD $50. Unpaid balances roll over. We may withhold payment for suspected fraud or disputes.
4.3 Taxes. You are responsible for all taxes on commissions (e.g., GST/HST, sales tax, or income tax reporting). We may issue T2125, 1099, or equivalent forms as required. If you are a non-resident, withholding tax may apply under Canadian or U.S. law.
4.4 No Guaranteed Earnings. Commissions are not guaranteed and depend on Qualified Referrals.
5. Intellectual Property
5.1 License. We grant you a limited, revocable, non-exclusive, non-transferable license to use provided marketing materials solely for Program promotion during the term.
5.2 Ownership. All intellectual property in Products, materials, and our brand remains ours. You gain no rights beyond the license.
5.3 Your Content. You grant us a perpetual, royalty-free license to use any content you create featuring our Products for our marketing purposes.
6. Term and Termination
6.1 Term. This Agreement commences upon approval and continues until terminated.
6.2 Termination for Convenience. Either party may terminate with 30 days written notice.
6.3 Termination for Cause. We may terminate immediately if you breach this Agreement, engage in prohibited activities, or if required by law. Upon termination:
- All licenses end;
- You must cease promotion and destroy materials;
- Accrued but unpaid commissions may be forfeited if termination is for cause.
6.4 Survival. Sections concerning indemnity, IP, confidentiality, disputes, and general provisions survive termination.
7. Representations and Warranties
You represent and warrant that:
- Your information is accurate;
- You will comply with all applicable laws (e.g., FTC disclosure rules, CASL, CAN-SPAM, CCPA/CPRA if applicable);
- Your promotional sites/content do not infringe third-party rights or contain unlawful material (e.g., hate speech, malware).
8. Indemnification
You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, and employees from any claims, damages, losses, or expenses (including legal fees) arising from: your breach of this Agreement; your promotional activities; violations of law; or third-party claims related to your content/sites.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY THEREOF).
- OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100).
- THE COMPANY PROVIDES THE PROGRAM AND ALL RELATED MATERIALS “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
10. Confidentiality and Data Protection
10.1 Confidential Information. You shall not disclose our non-public information (e.g., commission rates, customer data).
10.2 Privacy. You must comply with applicable privacy laws (e.g., PIPEDA in Canada, CCPA/CPRA in California, GDPR if targeting EU). Do not collect personal data via Affiliate Links without consent. We may provide limited customer data for tracking; you shall use it solely for Program purposes and delete upon request.
11. Dispute Resolution and Governing Law
11.1 Governing Law. This Agreement is governed by the laws of Manitoba, Canada, without regard to conflicts of laws principles.
11.2 Arbitration. Any disputes shall be resolved by binding arbitration in Winnipeg, Manitoba under the rules of the American Arbitration Association (AAA). The arbitrator’s award is final and may be entered in any court of competent jurisdiction. Each party bears its own costs.
11.3 Class Action Waiver. No class actions; disputes are individual.
11.4 Injunctive Relief. We may seek injunctive relief for IP violations or fraud without arbitration.
12. Miscellaneous
12.1 Independent Contractor. You are an independent contractor; no agency, partnership, or employment relationship.
12.2 Force Majeure. We are not liable for delays due to events beyond our control (e.g., cyberattacks, pandemics).
12.3 Amendments. We may amend this Agreement at any time without notice to you. The updated Agreement will be posted on our website or dashboard. Your continued participation in the Program after any amendment constitutes your acceptance of the revised terms. You are responsible for regularly reviewing these terms.
12.4 Assignment. You may not assign without our consent; we may assign freely.
12.5 Severability. Invalid provisions do not affect others.
12.6 Entire Agreement. This is the full agreement; no oral modifications.
12.7 Notices.
Notices to Company:
Any notice, request, approval, consent, termination, or other communication from you to us under this Agreement shall be effective only if delivered in one of the following ways:
(i) by email sent via the “Contact Affiliate Support” (or similarly named) link provided in your Affiliate dashboard (which will automatically route to the correct address and create a ticket), AND we acknowledge receipt in writing (which may be an auto-reply or manual response),
OR
(ii) by certified mail, return receipt requested, or by a nationally recognized overnight courier (e.g., FedEx, UPS) with tracking, addressed to the mailing address at the end of this Agreement.
Notices sent by email are not deemed delivered until we have sent a written acknowledgment. If you do not receive an acknowledgment within five (5) business days of sending an email notice, you must resend the notice by certified mail or overnight courier as described above.
Notices to Affiliate:
Notices from us to you may be sent by email to the email address then-currently associated with your Affiliate account or by posting in the Affiliate dashboard. Such notices are deemed received when sent (in the case of email) or when posted (in the case of dashboard posting).
12.8 Disclosure Requirements. You must clearly disclose your affiliate relationship (e.g., “#ad”, “#affiliate”, or “affiliate link”) in all promotions per FTC guidelines and applicable laws.
By participating, you acknowledge reading, understanding, and agreeing to this Agreement.
