This Agreement defines your relationship with To Doggy With Love LLC dba kin+kind ("kin+kind"). This Agreement contains the complete terms and conditions that apply to your participation as an affiliate in the Affiliate Program of kin+kind (the "Program"). As used in this Agreement, "we" means kin+kind, and "you" means the applicant party. "Site" means a World Wide Web site.

1. Enrollment in the Program
1. You may submit a completed Program application to begin the enrollment process. Submission of your application to the kin+kind Affiliate Program implies acceptance to the terms set forth in this Agreement.
2. We will evaluate your application and notify you of your acceptance or rejection. We may reject your application if, in our sole discretion, we determine for any reason that your site is unsuitable for the Program. Unsuitable sites include, but are not limited to, those that contain harmful, offensive, obscene, defamatory, illegal, threatening, harassing, infringing or racially or ethnically, or otherwise, objectionable content. If we reject your application, you may reapply to the Program at any time; however, you should not link to our Site unless you are approved for the Program.
2. Affiliate website(s)
1. Once Applicant has been informed that Applicant or Applicant website has been accepted into the Program, the Company will provide Affiliate with text links and graphic links to use to link to this Website (the “Links”). To enable accurate tracking, reporting, and Fees payable to you, you must not alter or modify the Links. 
2. The Affiliate shall notify the Company in advance of the Affiliate Web Property where the Affiliate intends to place Tracking Codes for the Company's approval. The Company may refuse to allow the Affiliate to use the Tracking Codes on any Affiliate Web Property in its absolute discretion.
3. The Affiliate shall incorporate and display the Tracking Codes on the Affiliate Web Property in a manner agreed with the Company. The Affiliate is solely responsible for ensuring it uses the correct Tracking Code. The Company shall not be responsible for any loss incurred because of the Tracking Code being used correctly.
4. The Affiliate shall provide reasonable assistance to the Company in respect of the display, access to, transmission and maintenance of the Tracking Codes.
5. The Affiliate shall obtain the prior written consent of the Company if it wishes to place the Tracking Codes on another electronic media other than the Affiliate Web Property.
6. The Affiliate shall inform users of the Affiliate Web Property that tracking technology will be installed on the users’ hard drive when a user clicks on the Tracking Codes and users shall be given an opportunity to reject such installation.
7. The Affiliate shall be responsible for ensuring that the Links are properly implemented. The Company will not be liable to the Affiliate with respect to any failure by the Affiliate to properly implement the Links, including to the extent that such failure may result in a reduction of Fees which would otherwise be paid to the Affiliate under this Agreement.
8. Other Affiliate channels
1. You may use graphic and text links both within your email messages and social messages. 
2. You may use the graphics and text provided by us, or you may create your own if they are approved and deemed appropriate by the Company. 
3. Responsibility for your website(s) 
1. You are solely responsible for the development, operation, and maintenance of your website(s) and for everything that appears on your website(s). Without limiting the generality of the foregoing, you are solely responsible for:
1. the technical operation of your website(s) and all related equipment;
2.  implementing and maintaining the Links; and
3. the accuracy and appropriateness of everything posted on your website(s).
2. It is entirely your responsibility to ensure that the materials posted on your website(s) are not illegal or libelous, and do not violate the rights of any third party, including copyrights, trademarks, privacy or other personal or proprietary rights.

3.3 kin+kind may without notice (a) change, suspend or discontinue any aspect of an Product offer (b) remove, alter, or modify any graphic, banner, content, or text submitted by us to you for use in connection with the sale of our products ("kin+kind Content"). You agree to promptly implement any request from us to remove, alter or modify any of your content or related content appearing on your site. Any failure by you to comply with the terms of this paragraph shall entitle us to, in addition to any other remedies available, extend all New transactions for one additional commission period pending your compliance with our request to update your links.

1. Prohibitions: You understand and acknowledge that this Agreement is made between you and kin+kind and is solely for the purpose of allowing you to link to the kin+kind website.
1. You may NOT use the name kin+kind or any of kin+kind product names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including without limitation, those names, logos, service marks, trade dress, copyrights, and proprietary technology currently used or which may be developed and/or used by it in the future except as expressly authorized by this Agreement (collectively, the "Property").
2. In particular, you may NOT use the Property, or any variation thereof, in metatags; you may NOT use the Property, or any variation thereof, in hidden text or source code.
3. You may NOT use the Property, any variation thereof, in your domain name or any other part of your Universal Record Locator (URL). Further, your Site will not, in any way, resemble or look or feel or create the impression of kin+kind's Site.
4. You may not make any representations, warranties, or other statements concerning the Sites, products or services and/or policies of kin+kind or Trupanion.
5. You may NOT engineer your site in such a manner that pulls Internet traffic away from kin+kind. If your site donates any portion of its referral fees to any school, foundation or other charitable organization, you may not state or imply that kin+kind or any of their Sites endorse such activities or is responsible in any way for the inclusion and donation of funds to any of the schools, foundations or charities associated with your site. See also 8.2 of this Agreement.
6. You may NOT wrap or frame our Sites in any manner.
7. You may NOT purchase or bid for the placement of the terms herein, on any third party search engine or portal, including but not limited to, AOL.com, ask.com, excite.com, findwhat.com, Google.com, hotbot.com, looksmart.com, lycos.com, MSN.com, netscape.com, Yahoo.com using kin+kind or its competitors' trademark or any variation thereof, including intentional or unintentional misspellings and typos. Bidding on these terms and redirecting links using the kin+kind name are NOT permissible.
8. Use of unauthorized links or coupon codes (those links or codes not specifically provided to you by us in the Program) is prohibited, and will result in the forfeiture of all commissions earned hereunder by Partner for the month(s) the unauthorized links or coupon codes appear on your site. Unauthorized coupon codes shall include, but not be limited to those coupon codes unrelated to the Program that are distributed through our stores, consumer email newsletters, retail cards or direct mail promotions. Violation of the foregoing prohibitions may result in, among other things, the immediate termination of this Agreement and/or the commencement of an action by kin+kind against you seeking, without limitation, injunctive relief and/or recovery of actual, statutory and/or punitive damages.
9. You agree that you will not send, transmit and/or distribute any email that in any way suggests or implies that kin+kind was the sender or sponsor of such email or procured or induced you to send such email. Additionally, you will identify yourself (the Affiliate) as the sender of the email and ensure the email does NOT contain a falsified sender name and does NOT include a false or misleading subject line.
10. You agree that you will not forward, redistribute, or otherwise repurpose any email marketing that kin+kind sends to its Affiliates and/or customers.
11. You agree that you will send emails only to those recipients who have opted in to receive emails from you.
12. You agree that all email marketing shall include language that notifies the recipient that he/she may unsubscribe or "opt out" from further email solicitations from you.
13. You will comply with all local, state and federal laws as amended (including, but not limited to, the "CAN-SPAM" Act, effective January 1, 2004) regarding all email marketing.

1. Order Processing
1. We reserve the right to reject orders that do not comply with any reasonable requirements that we may periodically establish.
2. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare orders forms; process payments, cancellations, and returns; and handle customer service.
3. kin+kind will be responsible for all administration, which includes but is not limited to, issuing policies, (the "Policies", or individually, a "Policy") or certificates, customer service, billing and collection premium, preparation and printing of sales material, and paying claims.
2. Referral Fees
1. kin+kind will pay you referral commissions (“Fees”). For a product sale to generate a referral fee, a new customer must follow  your tracking code provided by the platform. When a new customer clicks the affiliate link on your site and makes a purchase, the platform records that order. Then the platform grants you commissions on all new customer orders that occur within your cookie window. Customer Service invoice adjustments and reorders are not eligible to earn referral fees. Products that are entitled to earn referral fees under the rules set forth above are hereinafter referred to as "Qualifying Products."
2. Qualifying Products are defined as all products purchased from kin+kind, excluding Gift certificates, Gift Cards, Repeat Delivery purchases, and donations.
3. Fee Schedule
1. You will earn referral fees based on the sale price of kin+kind Products, according to fee schedules to be established by us. "Sale price" means the sale price listed on the kin+kind Site and excludes costs for shipping, handling, rebates, and taxes. The fee schedule to which you agree is listed in your Affiliate Tier Plan. All percentages listed are of "Gross Receipts" for those sales of kin+kind Products via an approved link from the Affiliate's website(s).
2. “Gross Receipts" shall mean the (a) revenues generated by all initial sales of kin+kind Products to those Affiliate customers who (i) "clicked" from the Affiliates website during the term of this agreement, and (ii) then purchased kin+kind product(s) via kin+kind shopping cart, less (b) refunds, returns, credit card fees and charge backs and shall not include costs or revenues associated with sales taxes and shipping and handling. Gross Receipts shall not include any other sale or service that kin+kind subsequently makes to such customer.
4. Fee Payment
1. Payments will be made as stated in your affiliate's tier terms, in accordance with the terms of the Fee Plan
5. Policies and Pricing
1. Customers who buy products through this Program will be deemed to be customers of kin+kind without affecting their status as your customer. Accordingly, all kin+kind rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers with respect to their transactions at kin+kind. We may change our policies and operating procedures at any time consistent with applicable laws. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. We will use commercially reasonable efforts to present current and accurate information, but we cannot guarantee the availability or price of any particular product.
6. Identifying yourself as an Affiliate
1. If your site is engaged in the practice of directing, transferring, or donating any portion of the Referral Fees paid to you by kin+kind you must provide the following message: "All donations, transfers and pledges of money to any schools, foundations or other types of charitable or philanthropic organizations are made at the sole direction of (your site) and, (if applicable) of (your site's) members. kin+kind is proud to have (your name) as a participant in the kin+kind Affiliate Program. kin+kind is not associated with any of the schools, charities or foundations associated with (your site) and makes no endorsement, express or implied of their activities. We've agreed to ship products and provide customer service for orders we receive through special links on (your site), but we are not responsible for selecting, evaluating or making donations to any of the organizations associated with (your site). We encourage you to visit (your site) often. Thank you for shopping with a kin+kind Affiliate. If you have a question about an order you've placed, please don't hesitate to contact us."
7. Limited License
1. Each party owns and shall retain all rights, title, interests in its names, logos, trademarks, service marks, trade dress, copyrights, and proprietary technology.
8. Terms of the Agreements
1. The terms of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party prior notice of termination. Upon termination, all kin+kind and Product related content and links shall be promptly removed from your site. You are only eligible to earn referral fees on sales of Qualifying Products occurring during the term, and fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. In the event overpayment is made by us, you agree to promptly remit such excess payment upon notification by us. We may extend your New transactions to ensure that the correct amount is paid.
9. Modification
1. We may modify any of the terms and conditions contained in this Agreement in our sole discretion, with seven days written notice to you via the Affiliate Platform website by offering a new Program Term with new terms and conditions attached. We will also make commercially reasonable efforts to notify you of such changes prior to implementation. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE ACCEPTANCE OF THE NEW PROGRAM TERMS WITH THE NEW TERMS AND CONDITIONS WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
10. Relationship of Parties
1. 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 a) have no authority to make or accept any offers or representations on our behalf; and b) not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
11. Limitation of Liability
1. We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages.
12. Disclaimers
1. We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors; however, we will make commercially reasonable efforts to correct errors or interruptions promptly.
13. Independent Investigation
1. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATIONS, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
14. Miscellaneous
1. This Agreement will be governed by the laws of the United States and the state of New York, without reference to rules governing choice of laws. Any action relating to or arising out of this Agreement must be brought exclusively in the federal or state courts having venue in or for the borough of Manhattan in the City and State of New York and you irrevocably consent to the jurisdiction of such courts.
2. You may not assign this Agreement, by operation of law or otherwise, without kin+kind's prior written consent. Subject to this restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.
3. Our failure or agreement not to enforce your strict performance of any provision of this Agreement in a given instance will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this agreement.
15. Guidelines for Using the kin+kind(S) Service Mark
1. These guidelines apply to your use of kin+kind trademarks and service marks belonging to kin+kind (the "Trademarks") in content that has been approved by us.
1. You may use the Trademarks only for purposes expressly authorized by us.
2. You may not modify the Trademarks in any manner. For example, you may not change the proportion, color, or font of the service marks. You may not display the Trademarks in any manner that implies endorsement of your web site or business by kin+kind outside of your involvement in the Affiliate Program.
3. You may not use the Trademarks to disparage kin+kind, its products or services, or in a manner which, in our reasonable judgment, may diminish or otherwise damage our good will in the service mark.
4. You must use the TM, or R symbol as applicable next to the Trademarks.
5. You acknowledge that all rights to the Trademarks are exclusive property of kin+kind and all goodwill generated through your use of the Trademarks will inure to kin+kind’s benefit.
2. You must abide by the following Prohibitions: 
1. You may NOT use the trademarked name kin+kind; You may NOT use kin+kind or kin+kind Product names, or any variation thereof, in metatags; 
2. you may NOT use kin+kind name or any kin+kind Product names, or any variation thereof, in hidden text or source code; 
3. you may NOT use kin+kind or any variation thereof, in your domain name or any other part of your Universal Record Locator (URL).
3. WE RESERVE THE RIGHT IN OUR SOLE DISCRETION TO MODIFY THESE GUIDELINES AT ANY TIME WITH SEVEN (7) DAYS NOTICE THROUGH THE AFFILIATE PLATFORM SERVICE TO YOU, BY OFFERING YOU NEW PROGRAM TERMS WITH THE MODIFIED TERMS. WE RESERVE THE RIGHT TO TAKE ACTION AGAINST ANY USE THAT DOES NOT CONFORM TO THESE GUIDELINES.
4. BY FILLING OUT AND SUBMITTING THE APPLICATION FORM DISCUSSED HEREIN, I AGREE TO THE TERMS OF THIS AGREEMENT AND DESIRE TO BECOME AN AFFILIATE OF KIN+KIND UNDER THESE TERMS AND CONDITIONS.