Fetch Ambassador Affiliate Agreement
Last modified Nov. 2nd, 2024
Hey Pet Lovers!
Welcome to fetchadate’s, Fetch Ambassador Affiliate Agreement (“Agreement”). We’re glad you are here! This Agreement is a legal agreement made between fetchadate®, LLC, (“fetchadate,” “we,” “us,” or “our”), and the potential and/or approved Fetch Ambassador Affiliate (the “Fetch Ambassador”, “Affiliate” or “you”), collectively referred to as the “Parties.” This Agreement explains how to properly use the fetchadate application (“App”), and interact with others regarding fetchadate as a potential or approved Affiliate.
1. Purpose
Fetchadate connects pet lovers for friendships, pet playdates, and/or a date! In terms of this Agreement, fetchadate appoints the Affiliate as an independent contractor to promote the fetchadate mobile application and services (“fetchadate App”) in exchange for referral-based commissions, thereby creating a mutually beneficial working relationship in support of people who love their pets and who seek relationships with fellow pet lovers!
This Agreement defines the terms and conditions governing the Affiliate’s participation in fetchadate’s Affiliate Program (“Program”, “Fetch Ambassador Program”).
2. Enrollment & Approval
a. Application: To become a Fetch Ambassador Affiliate, you must apply through the fetchadate website. Fetchadate reserves the right to approve or reject applications at its sole discretion.
b. Age Requirement: An Affiliate must be at least 18 years of age to participate in the Fetch Ambassador Program. By entering into this Agreement, you represent and warrant that you are 18 or older.
c. Marketing Messages: By entering into this Agreement, you acknowledge and agree that you may receive marketing communications from fetchadate, including newsletters and information about fetchadate services. Fetchadate may send several newsletters a month and other correspondence as necessary. You may opt out of future newsletters and correspondence at any time via the “unsubscribe” link in those communications or contact us via email directly.
3. Dashboard, Account Management
a. User Login. Upon acceptance into the Fetch Ambassador Program, you will be provided a username and password to access your personalized dashboard. You are responsible for keeping this information confidential and secure. If you forget your password, you will be provided a way to reset your password.
b. Account Maintenance. You must keep your information, including contact details, communication preferences, and payment method current and accurate by logging into your Account Profile. This ensures effective communication regarding your participation in the Program.
4. Affiliate Responsibilities and Active Status
a. Promotion: As a Fetch Ambassador Affiliate, you agree to promote the fetchadate App utilizing your unique referral code. You may share the code with potential new users of fetchadate to potentially earn commission on paid subscriptions and for the new/existing users who’ve never subscribed before nor utilized a code before an opportunity of a free week subscription to experience what it would include.
b. Accurate Representations: You shall not make any false, degrading, or misleading claims about FetchaDate, or our services.
c. Code Usage: Your unique referral code may only be used by new or free users of the fetchadate App who have never subscribed before and have not used any other Affiliate code. Each user may use only one Affiliate code, and each code is valid for a single use per user.
d. User Free Week: An Affiliate code grants a new user or an existing user who has never subscribed a one-time, one-week free upgrade with unlimited features.
e. Single-Affiliate User Linking: Users are restricted from using multiple Affiliate codes to receive additional free weeks, ensuring each user is linked to only one Affiliate.
f. Activity Requirement: To remain eligible for commissions, you must maintain active status by generating at least five new subscribers using your referral code over any six consecutive months. This could mean gaining one new subscriber each month or even five subscribers by the end of the sixth month. If no new subscriber sign-ups are generated for six consecutive months, your Affiliate status will be marked “inactive,” and you will no longer be eligible for commission.
5. Commission Structure
a. Base Commission Rate: Fetch Ambassador Affiliates will receive a base commission of 20% on net subscription rates, calculated after a 15% deduction by Apple and Google Play on the app’s retail subscription rate. In other words, the Affiliate’s commission is based on the subscription amount remaining after these platform fees are deducted.
b. Subscriber Plan: The Affiliate will earn a 20% commission on net subscription fees for each new user or any user who has never subscribed to a 6-month or annual plan when using the Affiliate’s referral code. Commissions will continue to recur as long as the user’s subscription renews and the Affiliate maintains an active status, meeting the requirement of generating at least 5 new subscribers over six consecutive months.
c. Milestone/Bonus Increases: Affiliates earn a base commission of 20% on net subscription fees for their first 100 active subscriptions generated through their referral code. After this milestone, the commission rate increases by 5% for each additional 100 active subscriptions, up to a maximum of 50% on net subscriptions, provided the Affiliate maintains active status. This tiered structure encourages Affiliates to actively promote fetchadate and maximize their earnings potential.
d. Active Subscription Definition: An “active subscription” is a subscription that remains “live”, or “active” and has not been canceled or terminated.
e. Minimum Duration: Each subscriber must remain active on fetchadate for at least 35 days for the Affiliate to receive a commission payment for that subscriber. In other words, there needs to be an active, non-refunded subscription to pay out an Affiliate’s commission.
6. Payment Schedule & Terms
a. Payment Timing: Payments to Fetch Ambassadors will be made on or by the 7th day of each month for the commissions earned during the prior month.
b. Payment Method: Commissions will be deposited into the designated payment account (Venmo or Paypal) specified in the Affiliate’s dashboard profile.
c. Refunds. If a Subscriber requests a refund for their subscription, fetchadate reserves the right to deduct the corresponding commission from your Account. This includes refunds due to cancellation requests, or any other circumstances leading to the reversal of a transaction. The Affiliate acknowledges that commissions are contingent upon valid, completed transactions, and any refunds processed will result in a corresponding adjustment to the Affiliate’s commission earnings.
d. Minimum Payment Threshold: Payments will be issued when the Affiliate’s accrued commission reaches a minimum of $1 provided it’s been 35 days after a subscription began.
e. Reporting and Dashboard Access: Fetchadate will provide the Affiliate with username/password access to an online “Affiliate Dashboard,” to view all tracking, reporting, and payment information—including commission earnings and referred user activity.
f. Limitation of Liability: Neither fetchadate nor the Affiliate shall be held liable for any losses or damages arising from refunds, chargebacks, or any actions by Subscribers. The Affiliate acknowledges that they are responsible for promoting fetchadate’s services, and any disputes related to refunds or chargebacks will be handled per fetchadate’s policies. The Affiliate agrees they will not hold fetchadate liable for any financial losses incurred due to refunds or chargebacks associated with their referred subscribers.
7. EARNINGS DISCLAIMER:
a. Unique Experiences: While Fetch Ambassador Affiliates may share success stories or quotes from affiliates, that information reflects their unique experiences. You acknowledge that the past successes of others do not guarantee your future results.
b. Outcomes may Vary: Your outcomes as an affiliate may vary and will be influenced by your personal capacity, business experience, expertise, and level of dedication and commitment. Fetchadate does not guarantee any specific level of success or income. You understand and accept that income results will differ among Affiliates, and there is no assurance that you will earn any income at all.
c. Due Diligence: Our information, and services should be based on your due diligence. You agree that fetchadate is not responsible for any success or failure of your business related to your participation in this Affiliate program or the use of any information, products, or services we offer or promote.
8. Inactive Accounts and Reapply
a. Inactivity Definition: If an Affiliate fails to generate five new subscriptions in six consecutive months, the account will be classified as ‘inactive,’ and all commissions from the previous code will no longer be valid.
b. Eligibility for Commissions: Once an Affiliate account becomes inactive, it will no longer be eligible to receive commissions, including recurring commissions from previously referred users/subscribers. All commissions tied to the Affiliate’s old/original/previous code will no longer accrue and become part of the account’s history.
c. Reapply for New Code: If an Affiliate account becomes inactive (i.e., fails to generate at least 5 new subscribers within six consecutive months), the Affiliate would need to reapply to continue the program. The reapplication process would involve submitting a new application for review, updating contact information, agreeing to any new program terms, and awaiting fetchadate’s approval. Upon acceptance, the Affiliate would be issued a NEW referral code, enabling them to promote and earn new commissions again. This process ensures that returning Affiliates are up-to-date with current program guidelines and requirements. Again, all commissions tied to the Affiliate’s old/original/previous code will no longer accrue.
9. Program Compliance and Restrictions
a. Code Misuse: Any misuse of the Affiliates referral code, including attempts to obtain multiple free trials or duplicate user subscriptions by existing subscribers, will result in immediate termination of this Agreement.
b. Prohibited Activities: Affiliates are prohibited from using spam, misleading advertisements, or unauthorized tactics to solicit users. This includes misrepresenting the FetchaDate App or offering false promises.
c. Ethical Standards: Affiliates agree to act in good faith, fairly represent fetchadate, and comply with all relevant laws, including FTC guidelines on disclosures for affiliate marketing.
10. Term & Termination
a. Term: This Agreement will begin upon fetchadate’s approval of your application and will remain in effect until terminated by either Party.
b. Termination for Cause: Fetchadate reserves the right to terminate this Agreement immediately if the Affiliate is found in violation of any terms within this Agreement, including but not limited to fraudulent activities or breach of ethical standards.
c. Termination Without Cause: Either Party may terminate this Agreement at any time upon 30 days written notice to the other Party.
d. Post-Termination Commission: Upon termination of this Agreement, the Affiliate shall not be entitled to any further commission payments, including recurring subscription renewals from previously referred users. Only commission earned before the effective termination date shall be payable, and no commissions will accrue after termination.
11. Affiliate Promotion and Use of Referral Code
a. Link Display & Code Use: Affiliates may share a link to the fetchadate app or website and include their unique referral code in the text content and posts to promote Affiliate code, as per the Program terms and this Agreement. All promotional content should be clear, accurate, and consistent with fetchadate’s brand guidelines.
b. Designated Graphics and Logo Usage: Affiliate is to use only the designated graphics and logos provided by fetchadate for any promotional purposes. Should the Affiliate wish to use alternative graphics or customized visuals, they must first obtain email approval from fetchadate before use. Affiliates must respect the integrity of fetchadate’s trademarked name, logo, and branding, ensuring that all representations are accurate and respectful of the brand’s reputation and values.
c. Trademarked Name and Logo Respect: Fetchadate (fetchadate®) is a trademarked business. Affiliates are to respect the fetchadate name, logo, and branding in all promotions, ensuring compliance with trademark guidelines and refraining from misuse, alteration, or misrepresentation.
d. Authorized Promotion Only: The Affiliate’s authority to promote and share referral codes extends exclusively to the individual or entity entering into this Agreement with fetchadate. Affiliates may not delegate or transfer their promotional rights or referral code to third parties without express written consent from fetchadate.
e. Compliance with Program Terms: The Affiliate agrees to adhere to all Program terms and guidelines, including any updates issued by fetchadate when posting or sharing the link and code.
f. Changes to Program Terms: Fetchadate may, at its discretion, modify Program Terms, including but not limited to Affiliate Payout rates, at any time upon providing written notice through the communication email service. Affiliates agree to comply with such modified terms as communicated.
g. Infringement: The Affiliate shall ensure that no promotional activities violate fetchadate’s proprietary rights, (including but not limited to trademark rights), or the proprietary rights of any third party. Any use of fetchadate’s name, logo, or branding assets must adhere strictly to the provided guidelines, with no alterations or unauthorized representations.
h. Location Restrictions: The Affiliate may not place links to fetchadate’s website or app, or use fetchadate’s content, in unauthorized or unsolicited channels. These include but are not limited to third-party newsgroups, message boards, blogs, unsolicited emails or other spam communications, link farms, counters, chat rooms, or guestbooks.
12. Compliance with the CAN-SPAM Act
a. Ambassador Obligations. As a Fetch Ambassador, you agree to comply with the CAN-SPAM Act and all applicable laws governing email marketing. This includes but is not limited to, obtaining consent from recipients before sending marketing emails and providing a clear and conspicuous option for recipients to opt out of future emails.
b. Prohibited Activities. You may not use deceptive subject lines or headers in your communications, nor may you misrepresent the content or source of any email. All promotional emails must include your valid email address.
c. Responsibility. You acknowledge that failure to comply with the CAN-SPAM Act may result in penalties and consequences. Fetchadate, LLC, is not liable for any violations of the CAN-SPAM Act arising from your promotional activities as a Fetch Ambassador.
d. Indemnification and Non-Compliance Clause: Non-compliance with the CAN-SPAM Act may include but is not limited to, sending unsolicited emails or failing to provide opt-out options. You agree to indemnify and hold harmless fetchadate, LLC, its affiliates, and partners from any claims, losses, or damages arising from your non-compliance with the CAN-SPAM Act or any other applicable laws. Non-compliance may result in immediate termination of your Affiliate status and forfeiture of any unpaid commissions.
13. Limitation of Liability
Fetchadate will not be liable for any indirect, special, or consequential damages arising from this Agreement or the Affiliate’s participation in the Program. Fetchadate’s total liability shall be limited to the total commissions paid to the Affiliate under this Agreement.
14. Data Ownership
You acknowledge that all information and data provided by Users/Subscribers or collected through the Tracking Code, as well as any reports, results, and information created, compiled, analyzed, or derived by fetchadate from such data, are the sole and exclusive property of fetchadate. This information is considered Confidential Information under this Agreement. Fetchadate reserves the right to use, market, and re-market any user data collected in compliance with applicable data protection laws. Additionally, all data is protected under applicable protection laws, reinforcing user privacy expectations. You shall not use, copy, create derivative works from, sell, transfer, lease, assign, redistribute, disclose, disseminate, or otherwise make available any such data or User/Subscriber information, in whole or in part, to any third party.
15. Confidentiality
Affiliate agrees not to disclose or use any confidential information obtained during participation in the Program, including, but not limited to, proprietary software, algorithms, customer lists, and business strategies. Affiliate acknowledges that all usernames and related data will be kept private and used solely for tracking commissions. Both parties shall comply with applicable data protection laws to ensure the confidentiality and security of all personal information involved in the Program.
a. Termination: Upon termination of this Agreement, you must either destroy or return to fetchadate any Confidential Information provided by fetchadate under this Agreement.
16. Independent Contractor
Nothing in this Agreement shall be construed to create an employer-employee relationship, joint venture, or partnership between fetchadate and the Affiliate. The Affiliate is an independent contractor responsible for any taxes, insurance, and benefits required by law.
a. Tax Status and Obligations: Fetchadate is not responsible for providing you with tax or legal advice. Fetchadate has no obligation to investigate or research your tax status or obligations; this responsibility rests solely with you. It’s your responsibility to independently assess and ensure compliance with all relevant tax laws and regulations.
17. Governing Law
This Agreement shall be governed by and construed following the laws of the State of Indiana, without regard to its conflict of law provisions.
a. Choice of Attorneys: In the event of any dispute arising under this Agreement, both fetchadate and the Affiliate agree that the laws of Indiana will govern the interpretation and enforcement of this Agreement. Each party agrees to bear its own legal costs and attorney’s fees incurred in connection with any legal action arising from this Agreement. Any legal proceedings shall be conducted in the state courts located in Indiana, and both parties consent to the jurisdiction of such courts.
18. Force Majeure
Neither party shall be held liable for any failure or delay in its obligations under this Agreement due to causes beyond reasonable control. Such causes include, but are not limited to, electrical outages, failures of Internet service providers, disruptions due to Internet issues (including, without limitation, denial of service attacks), pandemics, public health emergencies, riots, insurrection, acts of terrorism, war (or similar conflicts), fires, floods, earthquakes, explosions, and other acts of God.
19. Severability and Waiver
If any provision of this Agreement is determined by a court of competent jurisdiction to be illegal, null, void, or contrary to public policy; the remaining provisions will continue to be valid and enforceable. The parties agree to make a good faith effort to amend any invalidated provision in a manner that aligns with the original intent of this Agreement. Additionally, a waiver by either party of any breach of this Agreement shall not be interpreted as a waiver of any prior or subsequent breaches, nor shall it imply a continuing waiver.
20. Acceptance of Entire Agreement
This Agreement constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes all prior agreements or understandings, whether written or oral relating to such subject matter. By applying for or continuing as a Fetch Ambassador Affiliate, you acknowledge that you have read, understand, and agree to the terms of this Affiliate Agreement between fetchadate®, LLC, an Indiana limited liability company with a business correspondence address of 11807 Allisonville Rd. #638 Fishers, IN 46038, and the Fetch Ambassador Affiliate (the “Affiliate” or “you”), collectively referred to as the “Parties.”
