30 October 2023
This Partner (Affiliate) Programme Operating Agreement (“Operating Agreement”) contains the terms and conditions that govern your participation in the Partner Programme (the “Programme”). “We,” “us,” or “our” means cotswoldpetsupplies.co.uk. A “site” means a website. “Partner Site” refers to cotwsoldpetsupplies.co.uk “Your site” means any site(s), software or apps that you link to cotswoldpetsupplies.co.uk. "Advertising Fees" means commissions earned for a successful and verified sale of product on the Partner Site by a customer using your referral link or discount code.
BY CHECKING THE BOX INDICATING THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THIS OPERATING AGREEMENT, OR BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE TO THE TERMS, YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS AND AGREE TO BE BOUND BY THE TERMS SET OUT IN THIS AGREEMENT.
1. Description of the Programmme
The purpose of the Partner Programme is to permit you to recommend and promote Cotswold Pet Supplies Products and to earn commissions for Qualifying Purchases (defined in Section 7) made by your clients or students. In order to facilitate your advertisement of Products, we will make available to you information, images, content, links, and other assets. We ask that you stay up-to-speed on our brand development and actively promote it as part of your positive training methods.
2. Enrollment
To enroll, you must submit an application. We will evaluate your application and notify you of its acceptance or rejection. We may reject your application at our sole discretion including if we determine that your business or site is unsuitable for any reason.
If we reject your application, you are welcome to reapply at any time. If we accept your application, we withhold the right to terminate this Operating Agreement at any time, at our sole discretion.
You must ensure that the information in your Programme application and account, including your email address, website address and other contact information, is at all times complete, accurate, and up-to-date.
We only allow one Partner Account per training club or business. If multiple people want to be involved, you'll need to appoint a single representative. We are unable to make payments to multiple people or to anyone other than the approved applicant and holder of the Partner Account.
3.Referral Links
In your Partner Portal, you will also be able to create unique referral links to share with your clients or students. When a customer clicks your link, we will link them to your account. Referral links do not provide customers with any discount. We recommend providing your clients with both your code and using referral links where possible.
You may earn commission only as described in Section 9 and only when customers enter your code or click your referral link (or both). We will have no obligation to pay you advertising fees if you fail to properly format or display your referral links or discount code.
4. Programme Requirements
By participating in the Programme, you agree that you will comply with all policies and rules in this Operating Agreement.
You will provide us with any information that we request to verify your compliance. If we determine that you have not complied with any policies or rules outlined here, we may : (a) withhold any advertising fees payable to you under this Operating Agreement,; (b) close any other accounts you may have or may open in the future, without payment of any advertising fees; (c) terminate this Operating Agreement, ; or (d) undertake all of the above actions.
In addition, you hereby consent to us:
sending you emails relating to the Programme from time to time;
monitoring, recording, using, and disclosing information about your site and visitors to your site that we obtain in connection with your display of Referral Links and Discount Code in accordance with the Privacy Notice; and
monitoring and otherwise investigating your site to verify compliance with this Operating Agreement.
5. Competitors
You must not mention Cotswold Pet Supplies or your membership of the Partner Programme whilst using any other links or depiction of Cotswold Pet Supplies competitors.
You must not tag us or use your discount code or affiliation with Cotswold Pet Supplies in a post promoting any other brand which could be classed as a competitor (including those selling similar products).
6.
7. Responsibility for Your Site
We are happy for you to share on your Site, social media pages and in other communication that you are a Cotswold Pet Supplies Partner. However, we ask you to only use the approved assets (including our logo and other branding) provided to you via a link to an online folder when you join.
You will be solely responsible for your site, including its development, operation, and maintenance and all materials that appear on or within it.
8. Order Processing
We will process Product orders placed by customers who follow your Referral Links. We reserve the right to reject orders that do not comply with any requirements on the Partner Site, as they may be updated from time to time. We will track Qualifying Purchases (defined in Section 9) and will make available to you reports on these.
Due to Data Protection, we are unable to share with you the names of customers who order with us, but we will share the details of the products ordered.
9. Advertising Fees
We will pay you advertising fees on Qualifying Purchases in accordance with Section 8 and the Affiliate Programme Commissions Schedule.
In the event any excess payment has been made to you for any reason whatsoever, we reserve the right to adjust or offset the same against any subsequent advertising fees payable to you under this Operating Agreement.
Subject to the exclusions set forth below, a “Qualifying Purchase” occurs when (a) a customer clicks your Referral Link to the Cotswold Pet Supplies Site and then completes checkout, including paying in full.
After an initial Qualifying Purchase, we will link the customer to your Partner Account and pay commission on all subsequent Qualifying Purchases within 365 days. If a customer orders again, the 365-day period will reset.
Qualifying Purchases exclude, and we will not pay advertising fees on any of, the following:
any Product purchase that is not correctly tracked or reported because the links from your site to the Partner Site are not properly formatted;
any Product purchased through a Special Link by you or on your behalf, for your own use;
any Product purchased for resale or commercial use of any kind;
any Product purchased after termination of this Operating Agreement;
any Product order where a cancellation, return, or refund has been initiated; and
any Product purchased by a customer who is referred to the Partner Site through any of the following:
a Prohibited Paid Search Placement; or
any Qualifying Purchase wherein you have personally offered any person or entity any consideration or incentive for using Referral Links
any Product purchased through apps or websites that are not approved as part of your application
“Prohibited Paid Search Placement” means an advertisement that you purchased through bidding on keywords, search terms, or other identifiers (including Proprietary Terms) or other participation in keyword auctions.
10. Commission Payments
Commission payments will be made at the end of each calendar month, as long as the minimum payout threshold of £20 has been met. Payments will be made to the PayPal address you have provided. You are responsible for ensuring the PayPal email address provided is accurate and formatted correctly.
All commissions will be held for 14 days after purchase. If a customer cancels an order or requests a refund in that time, your commission will be adjusted accordingly.
11. Pricing and Promotions
We reserve the right to change our prices and policies at any time. From time to time, we will run promotions to our wider customer base. Partners will typically still be paid commission on Qualifying Orders but we reserve the right not to pay commission when our own promotions are running.
12. Identifying Yourself as an Partner
You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to any charity or other cause), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Operating Agreement. We ask that you clearly state the following on your site: “[Insert your name] is a participant in the Cotswold Pet Supplies Partner Programme, an affiliate advertising programme designed to provide a means for dog professionals to earn fees by advertising and linking to the Cotswold Pet Supplies site”
13. Term and Termination
The term of this Operating Agreement will begin upon our acceptance of your Programme application and will end when terminated by either you or us. Either you or we may terminate this Operating Agreement at any time, with or without cause, by giving the other party written notice of termination.
14. Modification
We may modify any of the terms and conditions contained in this Operating Agreement (and any Operational Documentation) at any time and in our sole discretion by posting a change notice, revised agreement, or revised Operational Documentation on the Partner Site or by sending notice of such modification to you by email to the email address then-currently associated with your Account. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS OPERATING AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAMME FOLLOWING THE EFFECTIVE DATE OF ANY MODIFICATION WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
15. Relationship of Parties
You and we are independent contractors, and nothing in this Operating Agreement or the Operational Documentation will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates.
16. Limitation of Liability
WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THIS OPERATING AGREEMENT, THE PROGRAMME, OPERATIONAL DOCUMENTATION, THE PARTNER SITE, THE GOAFFPRO SITE OR THE SERVICE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
17. Disclaimers
THE PROGRAMME, THE COTSWOLD PET SUPPLIES SITE, THE PARTNER SITE, ANY PRODUCTS AND SERVICES OFFERED INCLUDING TRADEMARKS AND LOGOS ARE PROVIDED "AS IS." WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND.
18. Governing law and Disputes
This Operating Agreement will be governed by the laws of the United Kingdom.
19. Miscellaneous
You must always promote Cotswold Pet Supplies products in line with positive dog training methods. We do not condone any aversive training. If we are made aware that you use, support or endorse any aversive training methods, we reserve the right to terminate this agreement at any time, at our sole discretion.
You may use the marketing material provided or found on the Cotswold Pet Supplies website, as well as your own imagery. All images must depict positive training methods.