Automated Pet Care Products, LLC (“Whisker”) recognizes that our brand advocates are a hugely important part of our company’s growth. The Whisker Affiliate Program (“Affiliate Program”) is our way of saying thank you and offering approved brands, influencers, and websites (“Publishers”) an opportunity to earn Program Rewards (“Rewards”) for sharing our brand with their audience.
Our Affiliate Program is managed through a 3rd party Software as a Service (“Service Provider”) created and administered by Pepperjam, LLC. Whisker will not be held liable for Affiliate Program account issues (loss of rewards, deletion of account, etc.) that are a direct result of the program and technology created and administered by Pepperjam, LLC..
In addition to the terms and conditions set forth by the Service Provider, Publishers must agree to the following Terms and Conditions in order to participate in our Affiliate Program. We reserve the right to terminate the Publisher, at any time and at our discretion, from participating in the Affiliate Program.
Campaigns
“Campaigns” and unique “Campaign Rules” are defined at the Campaign level of the Affiliate Program and viewable in the Publisher account. Whisker determines the number of Campaigns and defines the Campaign Rules for each Campaign and reserves the right to change, edit, and alter any and all Campaign Rules at any time, without notice to Publisher other than posting of the revised Campaign Rules in the Affiliate Program platform. It is the responsibility of the Publisher to read, understand and stay up to date on the Campaign Rules. Failure to do so may result in loss of reward or termination of account(s).
Rewards
Rewards are defined at the Campaign level of the Affiliate Program and viewable in the Publisher account. Whisker determines the amount of each Campaign Reward and reserves the right to change, edit, alter, and terminate any and all Rewards at any time, without notice to the Publisher.
Qualified and approved monetary Rewards are issued on or around the first (1st) and fifteenth (15th) day of each month, excluding holidays, from the prior month’s approved and qualified referrals. Monetary Rewards will only be paid via PayPal through the Service Provider. The Publisher must have an active PayPal account associated with an email address, which is entered into the PayPal email address field in their Affiliate Program Publisher account to receive Reward.
Each monetary Reward is reviewed during business hours, Monday through Friday, 9am to 4pm ET, for adherence to these Terms and Conditions.
Qualifying Referrals
In order to qualify for Rewards, each customer referred by Publisher through the Affiliate Program must meet each of the following qualifications:
A referral and order that meets each of the foregoing conditions is referred to herein as a “Qualified Referral Transaction.”
If the referred customer does not click on the Publisher’s affiliate link to make their purchase, Publisher will not receive Rewards and Whisker has no liability to fulfill the Rewards as there is no discernible way to identify that the purchase resulted from the Publisher’s referral.
Prohibited Activities
We reserve the right to revoke or refuse to issue any Rewards for Qualified Referrals that we, in our sole discretion, suspect were generated through fraud, unauthorized channels and/or other prohibited activities and will be grounds for immediate termination of your Publisher account and exclusion from Whisker Affiliate Program. Purchases from Litter-Robot or Litterbox.com made through affiliate links that were distributed through an unauthorized channel will not be deemed Qualified Referrals. Any Rewards issued as a result of these transactions will be revoked.
Prohibited activities and unauthorized channels include, but are not limited to:
Unauthorized Language
Using language, outside of the provided and approved promotional language, that describes receiving a discount (coupon, discount, promo, promotional, promo code), to promote and/or share your affiliate link is strictly prohibited. Any content used in Publisher YouTube descriptions, Social Profiles, websites, blogs, etc, that include these terms must be edited to reflect this rule or risk being terminated from the Affiliate Program.
Authorized Language
Iterations of ‘$25 off’ and ‘Save $25’ may be used to promote and/or share your affiliate link.
Examples
Changes to Program
Whisker reserves the right to cancel the Affiliate Program or change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral Rewards will be forfeited at that time.
Assumption of Risk
You knowingly and freely assume all risk when using the Affiliate Program. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Whisker and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the "Company Parties") from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Service.
Termination
Without limiting any other provision of these Terms & Conditions, Whisker reserves the right to, at any time, terminate the account(s) of any active Publisher and/or referred customer and to cancel all related Rewards and request proper payment should Whisker determine, in its sole and absolute discretion, that Publisher has tampered with the Affiliate Program or used or attempted to use the program in an abusive, unethical, unsportsmanlike or otherwise questionable or suspicious manner or Publisher has breached these Terms & Conditions or engaged in fraud, dishonesty, or any other misconduct that causes harm to Whisker (collectively, “Fraud”). If Whisker determines that the Publisher has engaged in Fraud, the Publisher will forfeit its entire reward for its account and will be terminated immediately.
Disputes
Any dispute arising out of your participation in the Affiliate Program shall be finally and exclusively resolved by binding arbitration. You acknowledge that, without this provision, you would have the right to sue in court with a jury trial or to participate in a class action. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this agreement, which are available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Except as otherwise provided for in this Agreement, Whisker will pay the AAA filing, administration and arbitrator fees; however, if the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, then you will pay half of all arbitration fees. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision are for a court of competent jurisdiction to resolve. The location of the arbitration shall be Auburn Hills, Michigan and the arbitration may be conducted in person, or through document submission, telephone, or online participation. You and Whisker agree that each of you may only bring claims against the other in your individual capacity and not as a plaintiff or a class member in any purported class or representative proceeding. This agreement to arbitrate will not preclude you or Whisker from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction.
This Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in the State of Michigan, and shall be governed by and construed in accordance with the laws of the State of Michigan without regard to its conflict of law principles. The proper venue for any permissible judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to Oakland County, Michigan, and references in this Agreement to a “court of competent jurisdiction” shall be deemed to refer to such courts. The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.