This agreement contains the complete terms and conditions that apply to your participation in the Paws and Claws Pet Club, online program.
To begin the process, you must review this agreement and submit the complete application (found at the end of this agreement)
This agreement is made with Paws and Claws Pet Club ltd. Herein known as (P&C), a Maryland corporation with headquarters in
Pensacola Florida and the Internet Consultant (hereafter known as “consultant”. (P&C) is providing (consultant) with an
opportunity to share and sell Paws and Claws Pet Club memberships via internet marketing only.
1.
Paws and Claws Pet Club Agrees To:
- (a) Provide (consultant) with these internet marketing rights on a non-exclusive basis.
- (b) Provide (consultant) with a free web site, free hosting and banner display capability.
- (c) Provide support for the purchasers of a membership via the internet.
- (d) Provide (consultant) permission to use the P&C merchant account online.
- (e) Provide (consultant) support and guidance.
2.
Consultant Agrees To:
- (a) That they are Independent Contractors and not an employee of Paws and Claws Pet Club, and will perform their duties
in a manner consistent with prevalent good business practices. (Consultant) shall comply with applicable Federal,
State and Local Laws and regulations related to offering, marketing and/or selling of the Paws and Claws memberships.
- (b) Not use any written, printed materials on web site or other marketing materials in advertising, or promoting and
describing the program.
- (c) Will not sell via commercials on TV, radio, newspaper or other advertising venues without written approval from Paws
and Claws Pet Club.
- (d) Be responsible for any and all Federal, State or Local sales tax that may be due on all memberships sold by
(consultant).
- (e) To sell memberships according to (P&C’S) suggested monthly fees.
- (f) Agrees to execute sales online only through a (P&C) website or banner, Using P&C’S merchant account, which they will
be held responsible for any fraud or abuse of (P&C’S) merchant account.
- (g) Agrees not to set up a MLM program.
- (h) Agrees not to represent that they are selling pet insurance, but are selling a pet care and family savings membership
program, which includes a pet accident & illness program at no additional cost.
- (i) Consultant will provide (P&C) a SS # or EIN # upon payment of commissions of $600.00 or more.
- (j) Consultant agrees that all expenses and costs incurred by them in the sale or promotion of (P&C’S) memberships is the
consultant’s responsibility.
- (k) Consultant agrees not to compete, either directly or indirectly by using any Paws and Claws Pet Club methods or
programs for a period of 5 years from the date of this agreement. The consultant agrees that “not to compete” means
that the they will not engage in any manner in a business or activity similar to that of Paws and Claws Pet Club;
including assistance in designing modifications of the Paws and Claws Pet Club’s basic strategy, nor will they
provide aid or assistance to other existing or potential competitors in any manner or fashion whatsoever. Under no
circumstances will they disclose any of Paws and Claws Pet Club’s strategy and procedures that would permit a
potential competitor to duplicate or otherwise emulate Paws and Claws Pet Club’s methodology.
3.
ENROLLMENT IN THE PROGRAM
To begin the enrollment process, you will submit a complete Program application via our Site. We will evaluate your
application in good faith and will notify you of your acceptance or rejection. We may reject your application if we
determine (in our sole discretion) that your site is unsuitable for the Program. Unsuitable sites may include, by way of
illustration and not limited to, those that:
- Promotes abuse or mistreatment of animals or the depiction of such abuse or mistreatment.
- Promotes sexually explicit materials.
- Promotes violence.
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Promotes illegal activities.
- Attempts to copy and/or assume the creative or business identity of any P & C web site in any manner.
- Otherwise violates intellectual property rights.
- Contain malicious software, codes, viruses, trojans, worms, downloaders, etc.
- Setting up a MLM program.
- Promotes P & C Pet Club outside the United States.
- Create and use banners and any other form of advertising not supplied by the company to promote P & C without prior
permission.
If we reject your application, you are welcome to reapply to the Program at any time. 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 at any time.
4.
ENROLLMENT FEES FOR CONSULTANTS
Consultant will receive an enrollment fee of $10.00 for the first month and $5.00 on renewal months for each paid membership that they enroll from their personal Paws
and Claws website or a displayed banner on any website that originated from their website... Consultants will be paid first
month and all paid renewal months as earned.
We pay the enrollment fees on a monthly basis, Approximately 30 days following the end of the 30 day trial period, however,
if the consulting enrollment fees due for any month is less than $20.00 we will hold the membership enrollment fees until
the total amount due is at least $20.00 We
do not pay for per click, and visits, we pay only on paid sale revenues.
There is a $2.00 a month enrollment referral fee on paid membership sales to those who recommend individuals, corporations,
associations, organizations, profit or non-profits to sell (P&C) memberships This $2.00 enrollment fee is paid to the
individual or company when an organization or individual agrees to market memberships and executes the Consulting/Fundraising
agreement. This referral enrollment fee is payable only when it is confirmed who referred the individual, or organizations
to (P&C). Organizations and individuals cannot receive both the $5.00 renewal fees and the $2.00 referral enrollment fee
on their personal sales. If this agreement is cancelled by the company for fraud or violations pertaining to this agreement
on the part of the Consultant all enrollment fees will cease to be paid.
We pay the commission enrollment fees as earned on a monthly basis after the members 30 day trial period you have enrolled
expires. On or before the 28th of each month following the end of each calendar month, (P&C) has to option to send your
commissions to your
Pay Pal Account, or by electronic deposit to the
bank account of your choice, or by check for the commissions earned on your on-line sales of P & C Memberships, less any
taxes that we are required by law to withhold.
However, if the commission payable to you for any calendar month are less than $20.00, we will hold those the commissions
until the total amount due is at least $20.00 or (if earlier) until this Agreement is terminated. If a membership sale that
you generated is canceled by the customer, we will deduct the corresponding commission from your next payment. If there is
no subsequent payment, we will send you an invoice for the balance. Such invoices shall be paid by you within 30 days of
the invoice date.
5.
ORDER PROCESSING
We will process membership orders placed by customers who follow Special Links from your site to our site. All sales must
derive from your Paw and Claws pet website or a Paws and Claws banner. We reserve the right to reject orders that do not
comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing
and fulfillment. Among other things, we will prepare order forms; process payments, cancellations, and returns; and handle
customer service in connection with membership orders. We will track sales made to customers who purchase memberships using
Special Links from your site to our site and will make available to you reports summarizing this sales activity. The form,
content, and frequency of the reports may vary from time to time at our discretion. You will be given the ability to enter a
password-protected site to receive your sales statistics at any time.
6.
Responsibility for Your Site
"Your Site" is defined as a website that you own and operate, not the free Paws and Claws Pet Club site you receive. You will
be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your
site. For example, you will be solely responsible for:
- The technical operation of your site and all related equipment.
- The accuracy and appropriateness of materials posted on your site (including, among other things, all product-related
materials).
- Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for
example, copyrights, trademarks, privacy, or other personal or proprietary rights).
- Ensuring that materials posted on your site are not libelous or otherwise illegal.
We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and
expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents
of your site.
7.
Policies and Pricing
Customers who buy (P & C) Memberships through this Program will be deemed customers of (P & C). Accordingly, all (P & C)
rules, policies, and operating procedures concerning customer orders, customer service, and membership sales will apply to
those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices
to be charged for (P & C) memberships sold under this Program in accordance with our own pricing policies. Membership prices
and availability may vary from time to time. Price changes can occur unannounced at any time. We will use commercially
reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any ( P & C)
membership.
8.
Limited License
Consultants are granted a nonexclusive, revocable right to use the graphic images and text provided for consultants on
their Web Site and such other images for which we grant express permission, solely for the purpose of identifying your site
as a Program participant and to assist in generating membership sales. You may not modify the graphic image or text, or any
other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names
and trademarks, and all other intellectual property rights. You are not allowed to create your own banners and any other form
of advertising to promote Paws and Claws Pet Club without prior permission from the company. Any banners and advertising not
supplied by (P & C), whether created by you or another party must be submitted to (P & C) for approval. In the event (P & C)
does not approve the use of banners and any other advertising created by you or another party for the purpose of promoting
(P & C), you will be bound by this agreement to destroy and delete any and all banners and advertising that ( P & C) does
not approve of. We may revoke your license at any time by giving you written notice.
9.
Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by
changing this agreement as posted on our site. Modifications may include, for example, changes in the scope of available
referral fees, referral procedures, and Program rules. IF advertising fee schedules, payment schedules or any other
modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the
program following changes to this agreement on our site will constitute binding acceptance of the changes.
10.
Relationship of Parties
you and we are independent contractors, and nothing in this Agreement 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 site or otherwise, that
reasonably would contradict anything in this Section. In our discretion, (P & C) may cite your name or URL in connection
with your participation in the program in materials including but not limited to postings on our site, newsletters,
advertisements, and other communications. By submitting your application, you grant us a license to use your trademarks,
trade names, service marks, logos, domain names and other similar intellectual property for use in connection with your
participation in the program.
11.
INDEMNIFICATION:
Both parties (Consultants) and (P&C) agree to indemnify and hold harmless each other for all claims, losses, expenses,
fees including attorney fees, costs, and judgments that may be asserted against either party that result from the acts or
Omissions of either party .
12.
ASSIGNMENT:
This Agreement may not be assigned or transferred to any other person, firm, or corporation without prior written consent of
(P&C).
13.
TERMS OF AGREEMENT
Unless previously terminated, the appointment of the consultant under this Agreement will be for a term of twelve (12)
months and, unless notified in writing, Shall renew automatically at the anniversary date.
14. Consultant agrees that the providers, and member’s names, addresses and identities are property of (P&C), and they are
strictly prohibited from the sale of personal or business information of any provider, or member’s name to any third party
for any purpose whatsoever.
15. This instrument contains all agreements, representations, covenants, and Conditions made between the parties with
respect to the business agreement between them. All modifications and amendments to this agreement must be in writing. This
agreement is construed under the laws of the state of Florida and the consultant hereby submits to jurisdiction and venue in
the courts of the state of Florida or any federal court setting in the state of Florida for the purpose of any disputes
relating to this agreement.
16. This is a legal agreement between consultant and Paws and Claws Pet Club ltd. By submitting this agreement, you are
affirmatively stating that you have read and understand the terms set forth herein and affirmately indicating your
acceptance of this internet Paws and Claws Pet Club program and agree to be bound by the terms hereof. This agreement may be
terminated at any time by a 60 day written notice by either party.
General
This Agreement will be governed by the laws of the United States and the State of Florida, without reference to choice of
law provisions. Our failure to enforce strict performance by you of any provisions of this Agreement will not constitute a
waiver of our right to enforce subsequently such provision or any other provision of this Agreement. This Agreement will be
binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. If
any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed
to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of the
remainder of this Agreement.
Tax Id or EIN # required when your commissions are $600 or more.
Paws and Claws Pet Club ltd
P.O. Box 30469
Pensacola, FL32503
Phone: 1-888-522-7387
Fax: 1-866-724-1517