Brand Ambassador Program - Terms & Conditions

Thanks for considering our Brand Ambassador Program! We are so excited to see your amazing pets and their review of some of our products! Since we don’t know every one of our brand ambassadors super personally, we’ve created some terms to set everyone’s expectations for the program.

PLEASE READ THIS DOCUMENT IN ITS ENTIRETY BEFORE AGREEING TO BECOME OR TO CONTINUE AS AN ALPHA PAW & PET CANVA BRAND AMBASSADOR.

When we say “Company,” “Alpha Paw,”Pet Canva”, “we,” “our,” or “us” in this document, we are referring to Alpha Paw Inc.

When we say “Products,” we mean any product created by Alpha Paw & Pet Canva.

When we say “Ambassador”, “you” or “your,” we are referring to the individual who wishes to be an Alpha Paw and/or Pet Canva brand ambassador, and his or her employees, agents and business affiliates (as applicable).

We sometimes refer to Ambassador and Company individually as a “Party” or collectively as the “Parties.”

BY ACCEPTING THESE BRAND AMBASSADOR TERMS AND CONDITIONS (THE “TERMS”), YOU EXPRESSLY AGREE TO BE BOUND BY, AND STRICTLY ADHERE TO, ALL OF THE TERMS. THESE TERMS WILL GOVERN YOUR RELATIONSHIP WITH ALPHA PAW & PET CANVA AND YOUR PARTICIPATION IN THE ALPHA PAW & PET CANVA BRAND AMBASSADOR PROGRAM. IF YOU DO NOT AGREE TO OR DO NOT UNDERSTAND ANY OF THE TERMS, PLEASE DO NOT ACCEPT THE TERMS. IF AT ANY TIME YOU NO LONGER WISH TO BE BOUND BY THESE TERMS, YOU MUST IMMEDIATELY PROVIDE WRITTEN NOTICE TO ALPHA PAW AND CEASE ACTING AS A BRAND AMBASSADOR.

By accepting these Terms and participating in the Program, Ambassador agrees as follows:

ELIGIBILITY
To become an Ambassador of the Company, you must:

  • Be 18 years of age or older;

  • Have read, understand, and agreed to the Terms;

  • Maintain and actively use at least one personal social media account on Facebook, Instagram, Twitter, Pinterest, Snapchat, TikTok or YouTube, Blog (collectively, “Approved Media”). Your accounts on Approved Media are referred to in these Terms as “Accounts.”

  • Be in good standing with the Federal Trade Commission (“FTC”); and Comply with all FTC guidelines, including but not limited to the FTC’s Disclosure Requirements for Social Medial Influencers, and other applicable laws and regulations.

  • You have the capacity and authority to enter into these Terms; You are responsible for any and all activity undertaken in connection with your participation in the Program and performance of the Services;

  • You are not a party to any agreement or subject to any law that restricts your performance of your obligations under these Terms;

  • You have the right to assign the Content to Alpha Paw (as further discussed above), and the Content will be original and does not and will not infringe upon any copyright, patent, trademark, right of publicity or privacy, or any other proprietary or other right of any person;

  • You will include “#alphapaw, #mypetcanva, #pawpals” in the caption or other text accompanying Content posted to Approved Media and/or your Accounts;

  • You will at all times market, promote, and sell the Products in compliance with all applicable laws, regulations, rules, administrative guidelines, policies, codes, orders and ordinances, including without limitation, all privacy and data security laws and the terms and conditions of all applicable third-party websites, platforms or applications, including by making disclosures in accordance with the FTC's requirements for social media influencers, as further provided herein, in rendering the Services;

  • You will conduct yourself at all times with the highest degree of professionalism, provide the Services with commercially reasonable skill and care in a competent and professional manner, behave in a legal, ethical and business-like manner, and maintain the highest standards of integrity, honesty and responsibility in your dealings with Alpha Paw, its staff, customers, followers and representatives;

You will represent Alpha Paw & Pet Canva Products in a positive, truthful and sincere manner and not engage in any activity or action that may damage or be harmful to the reputation, goodwill or interests of Alpha Paw, any Product, or any of Company’s associates, employees, directors, officers, agents, partners or affiliates;  Alpha Paw reserves the unconditional right to deny or terminate an Ambassador. It is understood and agreed that by becoming an Ambassador, Alpha Paw is under no obligation to provide you with any free Product after the initial gifted product when you begin the program. Ambassador is responsible for purchasing any Product in order to fulfill your obligations under the Terms.

 

 

ENGAGEMENT

In exchange for certain compensation, products and/or experiences, and other good and valuable consideration, you agree to use your best efforts to market and promote the Products and Alpha Paw brand on your Accounts

    By accepting these Terms, you agree to perform the following Services:

    • Create and post photo, video and/or written content promoting Alpha Paw and/or Pet Canva Products, and/or any related campaigns or services as Alpha Paw may request from time to time. (“Content”) For avoidance of any doubt, Content includes any and all content, posts, photos, videos, pictures, writings, or any other work product that you create as part of the Services or otherwise related to the work product you create for Alpha Paw.

    • Follow Alpha Paw & Pet Canva on social media accounts

      • @alpha.paw
      • @mypetcanva
      • Facebook Alpha Paw Page
      • Facebook PetCanva Page
    • Share and promote your Promo Code and affiliate link to encourage your followers to purchase Alpha Paw & Pet Canva Products.
    • Promptly respond to communications from any of your followers related to Alpha Paw or Products.
    • Promptly respond to communications from Alpha Paw team members.

    COMMISSIONS

    In consideration of the Services you provide and the rights you grant to Alpha Paw with respect to the Content, as further provided herein, you will be entitled to the following:

      • 1 Paw Level Brand Ambassador: if you generate between 0-25 sales, you will be entitled to provide 20% off to your followers AND receive 10% commissions on all net sales by third parties generated using your unique promo link or promo code (the “Promo Code”). As well as receive a monthly one-time use personal discount code for 30% off any Alpha Paw products.

      • 2 Paw Level Brand Ambassadors: if you generate between 26-100 sales, you will be entitled to provide 20% off to your followers AND receive 12% commissions on all net sales by third parties generated using your unique Promo Code. As well as receive a monthly one-time use personal discount code for 30% off any Alpha Paw products.

      • 3 Paw Level Brand Ambassador: if you generate between 101+ sales, you will be entitled to provide 20% off to your followers AND receive 15% commissions on all net sales by third parties generated using your unique Promo Code. As well as receive a monthly one-time use personal discount code for 40% off any Alpha Paw products.

        The tiered commissions above will be assessed at the beginning of every month, and if you have moved to the next tier you will be moved to it starting the 1st of the month following when you made enough sales for the tier.

      Commissions will be paid out on the first of every month. Commissions may be paid out upon request; you may request a payout of your commission no more than once weekly. Commissions will not be paid for any returned Product or any orders that Alpha Paw, in its sole discretion, determines to be attributed to spam, credit card fraud, unauthorized use of your Promo Code, unauthorized use of Alpha Paw’s trademarks, copyrights, logos or other intellectual property, or use of any unauthorized claims. If a sale is canceled or refunded for any reason, any paid commission will be deducted from the amount Alpha Paw owes to you and any subsequent payout of your commissions. Commissions are counted and final numbers are deemed final at the sole discretion and decision of Alpha Paw. Alpha Paw also reserves the right to change the frequency and dates of your commission payouts.

      You should clearly advise your followers/customers to use your Affiliate link to purchase Alpha Paw Products in order for you to receive commissions. While Alpha Paw makes every reasonable effort to accurately track and pay commissions for all Ambassador sales, we are not responsible for and will not be held liable for any technical difficulties, outside events, actions by other ambassadors, or other uncontrollable events that may disrupt or interfere with Alpha Paw’s ability to track sales or pay commissions..

      You are solely responsible for any and all tax obligations, if any, due to any taxing authorities arising from or in connection with commissions paid to you by Alpha Paw in connection with the Program. Alpha Paw reserves the right to withhold payment pending an investigation of suspected fraud or misrepresentation of associated commissions for orders or referrals that were obtained fraudulently or through misrepresentation. You are also responsible for all costs, liabilities and expenses you may incur in connection with performing the Services under these Terms.

      DISCLOSURE OF MATERIAL CONNECTION

      As otherwise provided herein, you must include a disclaimer with all Content that you share publicly stating your “material connection” (as defined by the FTC) to Alpha Paw and the fact that you have been compensated or otherwise incentivized to post the Content. For example, you must disclose the fact that Content is “sponsored by Alpha Paw or Pet Canva” (such as by prominently displaying “#sponsored”) or an “advertisement” (such as by prominently displaying “#ad”) or that you are paid commissions (such as by prominently displaying “#paid”). Such disclosure must be made in close proximity to any statements that you make about Alpha Paw or Alpha Paw Products and must comply with any instructions or directions provided by Alpha Paw and all applicable laws, regulations, administrative guidelines, codes, orders and ordinances, including but not limited to the FTC’s Disclosure Requirements for Social Medial Influencers. This disclosure should be clear and prominent enough for customers to view it when they are reading or otherwise viewing any of the Content. Please note that this disclosure is required regardless of any space limitations of

      the medium, where the disclosure can be made via hashtags, such as #sponsored, #paid or #ad.

      Note that while Alpha Paw may provide required disclosures (e.g., #PawPals”) and recommended promotional verbiage, Alpha Paw shall not be responsible for any failure by you to comply with any applicable laws, regulations, administrative guidelines, codes, orders and ordinances or any

      IF YOU FAIL TO MAKE THE REQUIRED DISCLOSURES, SUCH FAILURE SHALL BE DEEMED A MATERIAL BREACH OF THE TERMS THAT MAY RESULT IN IMMEDIATE TERMINATION, WITHOUT ANY COMPENSATION OR COMMISSIONS OR LIABILITY TO YOU.

      INTELLECTUAL PROPERTY RIGHTS

      Ambassador’s Content and Attributes. For the Services which you are providing under these Terms, and without limiting Alpha Paw’s ownership of the Alpha Paw Intellectual Property (as defined below) as provided herein, you hereby grant Alpha Paw the irrevocable, sublicensable, worldwide right and permission to use any Content, in any manner, in whole or in part, and for any purpose in any and all media (now existing or hereinafter developed), including without limitation, on Alpha Paw’s owned or controlled websites and platforms, third-party websites (including retailer websites and/or third-party marketplaces), social media, television, billboards, any advertising materials, publications, marketing materials, point-of-sale displays, and/or presentations, and in any and all other media, in perpetuity. You acknowledge and agree that your Content, including any statements, comments, posts and/or feedback that you provide in connection with the Services or the Program, may be paraphrased, amplified, shortened, put into conversational form, and/or edited to correct grammatical and/or spelling errors.

      By accepting these Terms, you acknowledge that participation in the Program means Alpha Paw has the irrevocable right to use your Content and include your name, likeness, image, photograph, voice, videos, distinctive appearance, gestures, mannerisms, biography, statements, avatar, and/or social media name and/or handle and any other indicia or other attributes in any manner that Alpha Paw determines supports the purposes of the Program, in Alpha Paw’s sole discretion, including but not limited to use in any media that accepts advertising or promotional content or communications. Further, you acknowledge and agree that the rights granted by you to Alpha Paw with respect to your Content are granted without compensation to you other than what is provided in the Terms.

      Ambassador’s Rights to Alpha Paw Intellectual Property and Alpha Paw Platforms. Alpha Paw hereby grants you, a non-exclusive, non-transferable, revocable, limited license to use and display Alpha Paw & Pet Canva’s trade name, logos and trademarks, slogans, domain names, trade dress, coupons, hypertext links, promotional codes, designs, works of authorship, and other advertising and marketing material (collectively, “Alpha Paw

      Intellectual Property”) solely in the form and format provided to you through the Program, and solely for the purpose and in the manner specifically authorized by Alpha Paw.. You agree that you shall not challenge, or assist in any challenge to, the validity or exclusivity of Alpha Paw’s ownership of the applicable Intellectual Property.

      Further, Alpha Paw and its licensors retain all ownership rights in their proprietary platforms, software, websites and technology, including any updates, enhancements, modifications thereto or any back-end technology associated therewith (collectively, “Alpha Paw Platforms”).

      By accepting these Terms, you agree that you will not:

      • Copy, rent, lease, sell, distribute, or create derivative works based on the Alpha Paw Platforms in whole or in part, by any means, except as expressly authorized in writing by Alpha Paw

      • Use any Alpha Paw's Intellectual Property without Alpha Paw’s prior written permission;

      • Use or launch any automated system, including, “robots,” “spiders,” or “offline readers,” to send messages to the Alpha Paw Platforms or systems;

      • Use the Alpha Paw Platforms for any purpose or in any manner that is unlawful or prohibited by these Terms.

      RESTRICTIONS
      • By accepting these Terms, you agree and understand that if any Content posted by or associated with you is deemed offensive, inappropriate or used incorrectly, Alpha Paw has the right, at its sole discretion, to suspend or terminate your account and/or participation in the Program. Alpha Paw reserves the right to withhold and shall not be liable to pay any commissions or other compensation to you for any such Content, or if you do any of the following, each a material breach of the Terms:

      • Make unsubstantiated claims about Products, including but not limited to claims that the Products are intended to diagnose, treat, cure or prevent any disease;

      • Promote any use of Products that has not been approved by Alpha Paw

      • Promote Alpha Paw Products through unsolicited or spam emails or otherwise violate any laws, regulations, rules, administrative guidelines, policies, codes, orders and ordinances, regulating electronic communications;

      • Engage in, promote, link or contribute to, or create a platform for, the publishing, hosting, or promotion of sexually explicit materials, scantily clad images or video, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or of any content that is unlawful, illegal, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable to Alpha Paw in Alpha Paw's sole discretion;

      • Transmit messages or images inconsistent with the positive images and/or goodwill with which Alpha Paw wishes to associate, in Alpha Paw’s sole discretion;

      • Engage in, promote, or contribute to any activity, software, or materials that may divert commissions from other participants in the Program;

      • Engage in, promote, or contribute to any illegal activity or violate Alpha Paw’s or any third party’s legal rights, and/or intellectual property rights;

      • Engage in “spam” advertising, send unsolicited commercial email, post commercial messages to any forum that prohibits such messages, or engage in any other advertising or marketing practices that are deceptive, misleading, false, fraudulent, or otherwise objectionable, in Alpha Paw’s sole discretion;

      • Use Alpha Paw banners, brand name, logos, trademarks, likeness, images, and videos, on your own website(s) in a manner that is likely to cause market and/or consumer confusion, in Alpha Paw’s sole discretion;

      • Use Alpha Paw’s brand name or trademarks in connection with your name, username or social media handle;

      • Create or link to a website that copies, resembles, has the look and feel of or creates the impression that it is the Alpha Paw website or any other platform of Alpha Paw, is Alpha Paw’s sole discretion;

      • Use any promotional coupon or code that is not provided to you by Alpha Paw for the Program, or run any ad with any of Alpha Paw’s URLs offering brand ambassador commissions;

      • Engage in any fraudulent activity or other activity that would falsely or artificially increase or affect the number of your followers, “likes” or other indicators of your audience or reach on any applicable Approved Media;

      • Modify price information regarding Alpha Paw’s Products or offers on your own website

        By agreeing to these Terms, you agree that Alpha Paw has the unconditional right to:

      • Preview your Content from time to time upon request and to request changes to and/or removal of Content in its sole discretion;

      • Monitor your Accounts at all times to ensure compliance with the Terms;

      • Notify you of any changes to your Content or Accounts that Alpha Paw feels should be made;

      • Pause, suspend or terminate your participation in the Program if you do not make any changes to your Content or Accounts that Alpha Paw feels, in our sole discretion, are necessary or appropriate;

      • Withhold any commissions on any sales deemed, in Alpha Paw’s sole discretion, to have been made in violation of the Terms

      • Suspend or terminate your participation in the Program immediately and without notice to you should Alpha Paw suspect that you have committed fraud or otherwise violated the Terms. If such fraud or abuse is detected, Alpha Paw shall not be liable to you for any commissions for such fraudulent sales.

      TERM AND TERMINATION

      The term of these Terms will begin once you have been accepted into the ambassador program by an Alpha Paw team member and they have created your commission links and code. The term can be terminated by either Party in writing. Your participation in the Program and these Terms may be terminated by Alpha Paw immediately at any time, with or without cause, upon Alpha Paw’s written notice to you; and by you upon seven (7) days written notice by you to Alpha Paw. In the event of cancellation or termination by you for any reason or by Alpha Paw for a breach of the Terms by you, in addition to the termination rights hereunder, Alpha Paw shall be entitled to recover all costs (including attorney’s fees) in the enforcement of Alpha Paw’s rights hereunder and, if you have been paid in advance, Alpha Paw shall be entitled to a refund of any fees advanced to you; or, as applicable, you shall waive all rights you have hereunder, including but not limited to any rights to commissions otherwise earned prior to the applicable payment date. Alpha Paw may terminate these Terms and all other agreements between Alpha Paw and other brand ambassadors if Alpha Paw elects to cease business operations, dissolve Alpha Paw or terminate its business. Upon the termination of these Terms, all limited licenses granted to you hereunder shall cease and you shall cease to hold yourself out as brand ambassador of Alpha Paw.

      The rights and obligations related to Intellectual Property Rights, Confidentiality, Indemnification, Limitation of Liability and Miscellaneous shall survive any cancellation or termination of these Terms.

      ADDITIONAL TERMS

      These Terms constitute the entire agreement between the Parties relating to this subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter.

      Alpha Paw may modify these Terms at any time and its sole discretion. These modifications may include, but are not limited to, changes in the amount of compensation, rate of commission fees, fee schedules, payment procedures, etc. If any of the modifications are unacceptable to you, your only recourse is to terminate your relationship with Alpha Paw. If you continue providing Services following the posting of any modification or change to any of the Terms, it will be considered as your acceptance of the change.