Affiliate Marketing Agreement with Pet Honesty, LLC

This Affiliate Marketing Agreement (“Agreement”) constitutes the entire understanding and agreement between Pet Honesty, LLC (referred to as “our”, “we”, or “us”) and any person or entity who wishes to join in our Affiliate Program (referred to herein as
“Affiliate”, “your”, or “you”). If you are entering into this Agreement not as an individual but on behalf of your company, then “you” means your company, and you hereby represent and warrant that you have the authority to bind your company to this Agreement.  By participating in the Affiliate Program or clicking an “I accept” or similar button or doing any other act to indicate your consent, you represent that you have read, understand, and agree to be bound by the terms of this Agreement.

Pet Honesty reserves the right to modify the terms of this Agreement at any time, provided, however, that we will notify you of any material changes to this Agreement by email, a notice posted on our website, or otherwise through a notification on our platform. If you do not agree to the changes to this Agreement, your sole remedy is to terminate this Agreement.

A.     Definitions

“Affiliate Lead” means a customer prospect who clicks on the Affiliate Link that we have made available to you
via the Affiliate Tool.  

“Affiliate Link” means the unique tracking link you place on your Site or promote through other channels.

“Affiliate Program” means our marketing affiliate program as described in this Agreement.

“Affiliate Tool” means the tools or platforms (such as Refersion.com) that we make available to you upon your acceptance into the
Affiliate Program and for you to use in order to participate in the Affiliate Program.

“Commission” means an amount payable to you each for each Customer Transaction.

“Customer” means the authorized actual user of the Pet Honesty Products who has purchased or signed up for the Pet Honesty Products after being an Affiliate Lead.

“Customer Transactions” means those transactions by Affiliate Leads that are eligible for Commission pursuant to Section D
of this Agreement. Customer Transactions may include customer purchases or customer signups, as further described in
the Affiliate Tool.

"Pet Honesty Content" means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into our services.

“Pet Honesty Products” means products made or sold by Pet Honesty.

“Program Policies” means the policies applicable to affiliates which we may make available to you from time to time.

“Program Policies Page” means a site (or section of the Affiliate Tool) where we will provide all the up to date guidelines for the Affiliate Program and Program Policies.

“Site” means a World Wide Web site and, depending on the context, refers either to (a) the PetHonesty site located at the URL PetHonesty.com or PetHonesty’s store on Amazon.com, or (b) the site that you will link to our Site and which you have identified in your Affiliate Program application.

B.     Non-Exclusivity

This Agreement does not create an exclusive agreement between you and us. Both you and we will have the right to recommend products and services of third parties and to work with other parties in connection with the marketing and sales of our products.

C.     Affiliate Acceptance

You must be a United States based Affiliate, at least 18 years of age and complete a program application to enroll in the Affiliate Program. Pet Honesty reserves the right to reject any application for any reason at any time in its sole discretion. Once you
complete an application to become an Affiliate, we will review your application and notify you through the Affiliate Tool whether you have been accepted to participate in the Affiliate Program, or not.  Before we accept an application, we may want to review your application with you, so we may reach out to you for more information. We may require that you complete certain requirements or
certification(s) before we accept your application. If we do not notify you that you are accepted to participate in the Affiliate Program within thirty (30) days from your application, your application is considered to be rejected.

We may reject your application for any reason, including, but not limited to our determination, in our sole discretion, that your website or social media channel(s) is unsuitable for the Affiliate Program. Unsuitable Sites include, but are not limited to, those that: (a) contain or link to nudity or pornography or promote sexually explicit materials; (b) promote violence; (c) promote discrimination based on race, sex, religion, nationality, disability sexual orientation or age; (d) promote illegal activities; (e) infringe our intellectual property rights or those of any third party or otherwise violate the rights of any third party; (f) contain, in our sole judgment, material that is defamatory, fraudulent, or harassing to us or any third party; (g) promote the use of any pyramid or similar schemes; (h) contain software downloads that potentially enable diversions of Commissions from other sites. Pet Honesty reserves the right to
reject any application for any reason at any time in its sole discretion. 

If you are accepted to participate in the Affiliate Program, then upon notification of acceptance, the terms and conditions of this
Agreement shall apply in full force and effect, until terminated, pursuant to the terms set forth below.  Further, you will need to complete any enrollment criteria set out in the Program Policies Page, if applicable. Failure to complete any enrollment criteria within thirty (30) days of your acceptance will result in the immediate termination of this Agreement and you will no longer be able to participate in the Affiliate Program.

You will comply with the terms and conditions of this Agreement at all times, including any applicable Program Policies.

D.     Customer Transactions 

1. Affiliate Program Limits. Each accepted Affiliate Lead will expire according to the information provided in the Affiliate Tool (or if applicable, in the Program Policies) from the date the Affiliate Lead clicked on the Affiliate Link that was made available by you. We will pay you Commission as described in Section F for each new Customer who completes an applicable Customer Transaction after clicking on an Affiliate Lead made available by you, provided that you remain eligible to receive Commission pursuant to the terms of this Agreement. 
   
2. Eligibility. You are not eligible to receive Commission or any other compensation from us based on transactions if: (i) such compensation is disallowed or limited by federal, state or local law or regulation in the United States or the laws or regulations of your jurisdiction; or (ii) the Commission payment has been obtained by fraudulent means, misuse of the Affiliate Link, in violation of any Program Policies that we make available to you, misuse of the Affiliate Tool or by any other means that we deem to breach the spirit of the Affiliate Program. 

E.      PROGRAM PARTICIPATION

Once you sign up and your application is approved, Pet Honesty will provide you with:

1. An Affiliate Link that will be generated through your account. Copy and paste the link on your blog, website, social media platforms, or email and share it with other people.
   
2. An exclusive and personal Limited Time Only Promo Code (“LTO promo code”) that will be generated through your account. Pet Honesty will communicate via the Affiliate Program’s newsletter or email notice about the timeframes in which the LTO promo code is active for your audiences and maintains the right to turn the LTO promo code on and off.
   
3. Creative graphics that you are able to copy, paste and properly display HTML code when sharing with your audience.

We will be using cookies and other similar technologies for forty-five (45) days on PetHonesty.com and fourteen (14) days on Amazon.com to track down Affiliate Leads. If users don’t allow cookies, we may not be able to track them, hence, we will not be liable to compensate referral earnings. 

F.      COMPENSATION

1. Commission and Payment. In order to receive payment under this Agreement, you must have: (i) agreed to the terms of this Agreement; (ii) completed all steps necessary to create your account in the Affiliate Tool in accordance with our directions, (iii) have a valid and up-to-date payment method inthe  Affiliate Tool with such account (iv) completed any and all
   required tax documentation in order for the Affiliate Tool to process any payments that may be owed to you.
   
2. Only sales that are not returned within our 30-day return policy (“Qualified Purchases”) shall be eligible
   for Commissions. Commissions will be paid for all purchases you drive through your Affiliate Links, and the first purchase only by each purchaser referred by you through a LTO Promo Code. We will not, however, pay Commissions on any products that are subsequently purchased after the Customer has re-entered the PetHonesty Site or PetHonesty
   Amazon storefront other than through an Affiliate Link from your Site, even if the customer previously followed an Affiliate Link from your Site to the PetHonesty or PetHonesty Amazon storefront. Purchases made with PetHonesty gift cards are not
   eligible to earn referral fees. 
   
3. Pet Honesty pays a tiered commission on PetHonesty.com or Amazon.com Qualified Purchases for Influencer Offers only, and is based on exponential sales volume (net of any applicable taxes and shipping) that is tracked from the date the Affiliate signs up for the Affiliate Program, as follows:

          i. <$5,000.00:  10%

          ii. $5,000.00 - $9,999.00: 12%

          iii. $9,999.00-$24,999.00:  15%

          iv. $24,999,00 - $49,999.00:  18%

           v. >$49,999.00: 20%

1. PetHonesty does not require a minimum threshold amount for an Affiliate to receive a Commission.
2. We will pay you the Commission as specified in the description of the Affiliate Program you have applied for and been accepted for on Refersion, as indicated in your Refersion Dashboard.
3. PetHonesty may offer special bonuses and rewards for key conversion milestones as specified within the Affiliate Program
   you applied for, based on Qualified Purchases.
4. PetHonesty will not pay Commission on any referrals that do not meet the conditions of a QualifiedPurchase or that violates any terms of this Agreement as determined by Pet Honesty in its sole discretion. We reserve the right to reverse Commissions due to returns, order cancellations and erroneous order duplications. We also reserve the right to defer or refuse Commissions for disputed orders or orders we reject and cannot fulfill, or we reasonably suspect a violation of the terms of this Agreement.
5. Commissions for Qualified Purchases will be processed on the 15th day of every month, unless otherwise communicated to you.
6. Payments will be made in United States dollars to the PayPal account specified in your application. 
7. We may change the Commission or bonus or rewards structure at any time in our sole discretion by e-mail notice or by notice through the Affiliate Tool, provided that any change will only apply to referrals made after the effective date of the change.
   
8. Taxes.
   You are responsible for payment of all taxes and fees (including bank fees) applicable to the Commission. All amounts payable by us to you are subject to offset by us against any amounts owed by you to us.

G.     Proprietary Rights 

1. PetHonesty’s Proprietary Rights.  Pet Honesty is the exclusive owner of all marketing material, copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Affiliate Program. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without our prior written consent of the owner of such materials.  All rights not granted under this Agreement are reserved by Pet Honesty.

2.       You grant to us a nonexclusive, nontransferable, royalty-free right to use and display your trademarks, service marks and                   logos (“Affiliate Marks”) in connection with the Affiliate Program and this Agreement.

3.       You grant us permission to re-post any content you tag @PetHonesty in your social content on Pet Honesty’s social                           channels.

4.       During the term of this Agreement, in the event that we make our trademarks available to you within the Affiliate Tool, you                  may use our trademark as long as you follow the usage requirements in this section.  You must: (i) only use the images of                our trademark that we make available to you, without altering them in any way; (ii) only use our trademarks in connection                  with the Affiliate Program and this Agreement; (iii) comply with any trademark usage guidelines we provide to you; and (iv)                immediately comply if we request that you discontinue use. 

          You must not: (i) use our trademark in a misleading or disparaging way; (ii) use our trademark in a way that implies we                      endorse, sponsor or approve of your services or products; or (iii) use our trademark in violation of applicable law or in                        connection with an obscene, indecent, or unlawful topic or material.

5.       We may encourage customers, affiliates and partners to comment on the PetHonesty Products, provide suggestions for
          improving them, and vote on suggestions they like. You agree that all such comments and suggestions you provide will be                non-confidential and will become the property of PetHonesty and that we own all right, title, and license to use and                            incorporate them into the Pet Honesty Products without payment to you.

H.     Confidentiality  

As used herein, “Confidential Information” means all confidential information disclosed by a party ("Disclosing Party") to the other party (“Receiving Party”), (i) whether orally or in writing, that is designated as confidential, and (ii) Pet Honesty customer and Affiliate Lead information, whether or not otherwise designated as confidential. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party or (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party.  The Receiving Party shall: (i) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that it uses with its own confidential information, but in no event less than reasonable care, (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information of the Disclosing Party to any third party, and (iv) limit access to Confidential Information of the Disclosing Party to its employees, contractors and agents.

The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process. You shall promptly notify us of any infringement of our intellectual
property rights or breaches of confidentiality obligations of which you may become aware and shall at our request and expense take such action in respect of the infringement, or claim, as we may request.

I. Opt Out and Unsubscribing 

You will comply promptly with all opt out, unsubscribe, "do not call" and "do not send" requests.  For the duration of this Agreement, you will establish and maintain systems and procedures appropriate to effectuate all opt out, unsubscribe, "do not call" and "do not send" requests.

J. Term and Termination

1. Term.
   This Agreement will apply for as long as you participate in the Affiliate
   Program, until terminated.
   
2. Termination Without Cause.  Both you and we may terminate this Agreement immediately upon notice to the other. You may terminate your participation with our AffiliateProgram by requesting via email to remove your account. Similarly, Pet Honesty
   reserves the right to terminate the participation of the Affiliate at anytime, with or without prior notice.
   
3. Effects of Expiration/Termination.  Except as expressly set forth in this section, you are not eligible to receive a Commission payment after expiration or termination of this Agreement. Upon termination or expiration, you will discontinue all use of and cease use of the Affiliate Tool that we make available to you for your participation in the Affiliate Program. Upon termination or expiration, an Affiliate Lead is not considered valid, and we may choose to maintain it in our database and
   engage with such a prospect.
   
4. Upon expiration or termination of this Agreement, regardless of the reason therefore: (i) all privileges and benefits of the Affiliate Program will be immediately revoked; (ii) Affiliate shall immediately cease use of all Pet Honesty marketing material
   and discount/coupon codes, copyrights and all Affiliate Program systems access; (iii) should this Agreement be terminated by Pet Honesty for cause including, but not limited to violations of this Agreement, violation of any laws or regulations governing this program or sufficiently severe damage to Pet Honesty’s reputation or ethical standing  shall forfeit any Commissions not paid out at the time of termination. 
   
   Upon termination or expiration, you will immediately discontinue all use of our trademark and references to this Affiliate Program from your website(s) or other social media.

K.     Affiliate Representations and Warranties

You represent and warrant that: (i) you have all sufficient rights and permissions to participate in the Affiliate Program, (ii) your
participation in this Affiliate Program will not conflict with any of your existing agreements or arrangements; and (iii) you own or have sufficient rights to use and to grant to us our right to use the Affiliate Marks.

You further represent and warrant that: (i) you will ensure that you are compliant with any trade or regulatory requirements that may apply to your participation in the Affiliate Program (for example, by clearly stating you are a Pet Honesty Affiliate on any website(s) you own or where you make an Affiliate Link available) (including those listed in Section O(6));

(ii) you will not purchase ads that direct to your Site(s) or through an Affiliate Link that could be considered as competing with Pet Honesty’s own advertising, including, but not limited to, our branded keywords, phrases, company name, or any variations relating to our brands;

(iii) you will not participate in cookie stuffing or pop-ups, or false or misleading links;

(iv) you will not attempt to mask the referring URL information;

(v) you will not use any mechanisms to deliver leads other than through an intended consumer. This includes sourcing leads through compilations of personal data such as phonebooks, using fake redirects or other tools or automation devices to generate leads (including but not limited to robots, l-frames, or hidden frames), or offering incentives to encourage purchases. 

(vi) you will not use variations, misspelling, or alterations in the brand name and/or domain URL of Pet Honesty

(vii) you will not make false claims and misrepresentations about our website or content that misrepresents Pet Honesty.

(viii) you will not use our website addresses as a display URL in search ads for the purpose of direct linking. Use of sub- affiliate networks and similar mechanisms are not allowed.

(ix) you will not advertise personal LTO Promo Codes on coupon discount websites, unless given expressed written permission from a Pet Honesty representative; and

(x) You will not purchase products initiated through the Affiliate Links on your Site for your own use, resale, or commercial use of
any kind. This includes orders for customers or on behalf of customers or orders for products to be used by you or your friends, relatives or associates in any manner. Such purchases may result, in our sole discretion, in the withholding of Commissions payouts or the termination of this Agreement.

(xi) You will not utilize media releases of any kind to publicize your business relationship with us. You shall not use the Pet Honesty
trademark, service mark, logo or any other information which identifies Pet Honesty in any sales, marketing and publicity activities and/or materials, unless you seek permission for specific use and Pet Honesty authorizes a specific use.

(xii) You will not use any paid traffic channels (e.g. Meta Ads, YouTube ads, etc.) unless given expressed written permission from a Pet Honesty representative.

L.      CREATOR LICENSING

Allowlisting: If the Affiliate agrees to allowlist their Pet Honesty social content, the Affiliate will take any and all actions reasonably necessary to facilitate the allowlisting of their social media accounts where their Pet Honesty Content
is posted (“Allowlisting Permission”), including a.) tracking of Pet Honesty affiliate content, (b) granting advertising permissions to Pet Honesty that allow Pet Honesty and its technology partners to access such social media accounts for the purpose of
paid media amplification as part of the Affiliate Program, and (c) the ability to access and use “audiences.” The Affiliate grants Pet Honesty Allowlisting Permission for as long as the Affiliate is registered for the Affiliate Program, unless otherwise specified in writing by the Affiliate.

M.   Indemnification

You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a
third party not affiliated with us to the extent that such Action is based upon or arises out of (a) your participation in the Affiliate Program, (b) our use information you provided us, (c) your noncompliance with or breach of this Agreement, (d) your use of the Affiliate Tool, or (e) our use of the Affiliate Marks. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by
these indemnifications or places restrictions on us without our prior written consent.

N.     Disclaimers; Limitations of Liability

1. Disclaimer of Warranties. WE AND OUR AFFILIATED COMPANIES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE PETHONESTY PRODUCTS, PET HONESTY CONTENT, THE AFFILIATE PROGRAM OR THE AFFILIATE TOOL FOR ANY PURPOSE. THE AFFILIATE TOOL MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE PET HONESTY PRODUCTS AND AFFILIATE TOOL ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE PET HONESTY PRODUCTS AND THE AFFILIATE TOOL INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO
   REPRESENTATION THAT THE OPERATION OF PETHONESTY’S WEBSITE OR AMAZON’S WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR ANY CONSEQUENCES ATTRIBUTABLE TO ANY INTERRUPTIONS OR ERRORS.
   
2. No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PETHONESTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
   
3. Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO THE TOTAL COMMISSION AMOUNTS YOU HAVE ACTUALLY EARNED FOR THE RELATED CUSTOMER TRANSACTIONS IN THE TWELVE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.
   
4. Affiliate Tool. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THE AFFILIATE TOOL THAT YOU USE.  WE DO NOT PROMISE TO MAKE THE AFFILIATE TOOL AVAILABLE TO YOU, AND WE MAY CHOOSE TO DO SO, OR NOT TO DO SO, IN OUR DISCRETION.
   
5. Cookie Duration. COOKIES USED AS PART OF THE AFFILIATE TOOL HAVE A SET DURATION. IF A POTENTIAL CUSTOMER CLEARS THEIR COOKIES DURING THIS PERIOD, PETHONESTY SHALL NOT BE LIABLE FOR ANY COMMISSIONS THAT MAY HAVE BEEN OWED TO YOU.

O.    General

1. Amendment; No Waiver. We may update and change any part or all of this Agreement, including by replacing it in its entirety. If we update or change this Agreement, the updated Agreement will be made available to you via the Affiliate Tool and/or by email. The updated Agreement will become effective and binding on the next business day after we or the Affiliate Tool have notified you. We encourage you to review this Agreement periodically.  If you don’t agree to the update, change or replacement, you can choose to terminate as we describe above. No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
   
2. Applicable Law. This Agreement shall be governed by the laws of the state of Texas, without regard to the conflict or choice of law provisions thereof. In the event either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the state and federal courts in Austin, Texas. Each party waives, to the fullest extent permitted by law, the right to trial by jury.
   
3. Force Majeure. Neither party will be responsible for failure or delay of performance if caused by an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
   
4. Actions Permitted. Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action
   has accrued.
   
5. Relationship of the Parties. Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.
   
6. Compliance with Applicable Laws.  You shall comply and shall ensure that any third parties performing sales or
   referral activities on your behalf comply, with all applicable foreign and domestic laws (including without limitation export laws and laws applicable to sending of unsolicited email), governmental regulations, ordinances, and judicial administrative orders.

You shall not engage in any deceptive, misleading, illegal, or unethical marketing activities, or activities that otherwise may be detrimental to us, our customers, or to the public. You must comply with all Federal Trade Commission (“FTC”) disclosure requirements, including but not limited to:

the FTC's "Dot Com Disclosures" Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf ;

the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising at http://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf ;
 

and further explained at http://business.ftc.gov/advertising-and-marketing/endorsements.

If you engage in so-called “native advertising,” you further agree to comply with the FTC’s Enforcement Policy Statement on
Deceptively Formatted Advertisements at https://www.ftc.gov/system/files/documents/public_statements/896923/151222deceptiveenforcement.pdf and any related guidelines.

1. Severability.
   If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
   
2. Notices.
   Notice will be sent to the contact address set forth herein (as such may be changed by notice given to the other party) and will be deemed delivered as of the date of actual receipt.
   
   To PetHonesty, LLC.: PetHonesty, 600 Congress Ave, Floor 14, Austin, TX 78701. 

To you: your address as provided in our affiliate account information for you.

We may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you.

1. Entire Agreement. This Agreement is the entire agreement between us for the Affiliate Program and supersedes all other proposals and agreements, whether electronic, oral, or written, between us. We object to and reject any additional or
   different terms proposed by you, including those contained in your purchase order, acceptance, or website. It is the express wish of both you and us that this Agreement and all related documents be drawn up in English. We might make versions of this Agreement available in languages other than English. If we do, the English version of this Agreement will govern our relationship and the translated version is provided for convenience only and will not be interpreted to modify the English version of this Agreement.
   
2. Assignment. You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without our prior written consent. We may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.
   
3. No Third-Party Beneficiaries.  Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
   
4. Program Policies Page. We may change the Program Policies from time to time. Your participation in the Affiliate Program is subject to the Program Policies, which are incorporated herein by reference.
   
5. No Licenses. We grant to you only the rights and licenses expressly stated in this Agreement, and you receive no other rights or licenses with respect to us, the PetHonesty Products, our trademarks, or any other property or right of ours.
   
6. Sales by PetHonesty. This Agreement shall in no way limit our right to sell the Pet Honesty Products, directly or indirectly, to any current or prospective customers.
   
7. Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.
   
8. Survival. The following sections shall survive the expiration or termination of this
   Agreement: Sections (F),(G),(H),( J),(M),(N),and (O).
   

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.pethonesty.com (the “Site”).

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the
Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.

We collect Device Information using the following technologies:

- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information including credit card numbers, email address, and phone number. We refer to this information as “Order Information”.

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

- Communicate with you;

- Screen our orders for potential risk or fraud; and

- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

SHARING YOUR PERSONAL INFORMATION

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

SMS/MMS MOBILE MESSAGING MARKETING PROGRAM

We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages.  WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole
discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.

California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information
regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes.  To make such a request, please contact us at the following address:

PetHonesty

600 Congress Floor 14

Austin, Texas 78701

[email protected]

This Privacy Policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.

BEHAVIOURAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using the links below:

- Facebook: https://www.facebook.com/settings/?tab=ads

- Google: https://www.google.com/settings/ads/anonymous

- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

 YOUR RIGHTS

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

DATA RETENTION

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

 CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

 MINORS

The Site is not intended for individuals under the age of 13.

 CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at [email protected] or by mail using the details provided below:

Pet Honesty

[Re: Privacy Compliance Officer]

PetHonesty LLC, 600 Congress Ave , Fl 14, Austin TX 78701, United States