Terms and Conditions

Terms and Conditions

 Last Updated and Effective: April 16, 2024

1. Agreement to Terms

By accessing or using DOGGYSMAIL.COM (the “Store”), whether as a customer, affiliate, or visitor, you (“you” or “User”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you may not access or use the Store.

2. Description of the Store

DOGGYSMAIL.COM is an online store where users can:

  • Purchase Goods and Services: Browse, select, and order a variety of goods and services offered by the Store.
  • Become Affiliates: Create an account and apply to become an affiliate to promote and resell the Store’s products, earning commission on successful referrals and sales tracked through their personal dashboard.

3. User Accounts

  • Account Creation (Customers & Affiliates): To make purchases or become an affiliate, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
  • Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
  • Account Suspension/Termination: We reserve the right to suspend or terminate your account at our sole discretion, without prior notice, for any reason, including but not limited to violation of these Terms.

4. Purchasing Goods and Services

  • Order Placement: When you place an order, you are making an offer to purchase the goods or services from the Store. We reserve the right to accept or reject your order for any reason.
  • Product Descriptions and Pricing: We strive to provide accurate descriptions and pricing for all goods and services listed in the Store. However, we do not warrant that such information is always accurate, complete, reliable, current, or error-free. Prices are subject to change without notice.
  • Payment: You agree to pay the price indicated at the time of your order, as well as any applicable taxes and shipping fees. [Specify accepted payment methods and payment processing procedures.]
  • Shipping and Delivery: Shipping and delivery timelines and costs are outlined in our Shipping Policy, which is incorporated into these Terms by reference.
  • Returns and Refunds: Our Return and Refund Policy, which is incorporated into these Terms by reference, governs the process for returns and refunds.

5. Affiliate Program

  • Affiliate Account and Application: To become an affiliate, you must create a specific affiliate account and submit an application for review. We reserve the right to approve or reject any affiliate application at our sole discretion.
  • Affiliate Dashboard: Upon approval, you will gain access to a personal affiliate dashboard that allows you to track your referrals, sales, commissions earned, and payout history.
  • Unique Affiliate Links/Codes: You will be provided with unique affiliate links or codes to use when promoting the Store’s products. Sales generated through these unique identifiers will be attributed to your account.
  • Commission Structure: The commission rates and payment terms for affiliates are detailed in our Affiliate Program Agreement or within the affiliate dashboard. We reserve the right to modify the commission structure at any time, with reasonable notice provided through the affiliate dashboard or via email.
  • Marketing and Promotion: As an affiliate, you are responsible for your own marketing and promotional activities. You agree to conduct these activities ethically and in compliance with all applicable laws and regulations, including advertising guidelines. You must not make misleading or false claims about the Store’s products or services.
  • Prohibited Affiliate Activities: You agree not to engage in the following prohibited activities:
    • Spamming or sending unsolicited emails.
    • Using misleading or deceptive advertising.
    • Bidding on our brand name or related keywords in paid search advertising without our explicit written consent.
    • Using software or automated methods to generate artificial clicks or leads.
    • Promoting the Store on websites or platforms that contain illegal, harmful, or offensive content.
    • Violating any other terms outlined in the Affiliate Program Agreement or communicated by us.
  • Relationship: The relationship between you and DOGGYSMAIL.COM as an affiliate is that of an independent contractor. Nothing in these Terms or the Affiliate Program Agreement shall be construed to create a partnership, joint venture, agency, franchise, sales representative, or employment relationship.
  • Earnings and Payouts: Commission earnings will be tracked through your affiliate dashboard. Payouts will be processed according to the schedule and methods specified in the Affiliate Program Agreement or within the affiliate dashboard. [Outline payout thresholds, processing fees, etc.]
  • Termination of Affiliate Account: We reserve the right to terminate your affiliate account at any time, with or without cause, including but not limited to violations of these Terms or the Affiliate Program Agreement. Upon termination, any outstanding commissions may be subject to our payout policies.

6. User Content

  • Definition: “User Content” includes any text, images, videos, reviews, comments, or other content that you upload, post, transmit, or otherwise make available on the Store.
  • Your Responsibilities: You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that your User Content is accurate, does not violate these Terms, and does not infringe upon the rights of any third party.
  • Our Rights: By posting User Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with the operation of the Store.
  • Prohibited Content: You agree not to post or transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.

7. Intellectual Property

  • Store Content: The Store and its original content, features, and functionality (including but not limited to text, graphics, logos, images, software) are owned by [Your Company Name] or its licensors and are protected by copyright, trademark, and other intellectual property laws.
  • Trademarks: DOGGYSMAIL.COM and its logos are trademarks of [Your Company Name]. You may not use these trademarks without our prior written consent.
  • Product Intellectual Property: We or our suppliers retain ownership of the intellectual property in the goods and services offered on the Store. Your purchase or resale of these items does not grant you any rights to this intellectual property beyond the scope of the sale or affiliate agreement.

8. Prohibited Conduct

You agree not to:

  • Violate any applicable laws or regulations.
  • Infringe upon the intellectual property rights of others.
  • Engage in any fraudulent or deceptive activities.
  • Interfere with or disrupt the operation of the Store.
  • Attempt to gain unauthorized access to the Store or other users’ accounts, including affiliate dashboards.
  • Use the Store to transmit spam or other unsolicited communications.
  • Collect or harvest any personally identifiable information from other users without their consent.
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity.
  • Manipulate affiliate links or tracking mechanisms in any way.

9. Disclaimer of Warranties

THE STORE AND ALL CONTENT, GOODS, AND SERVICES MADE AVAILABLE THROUGH THE STORE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE STORE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTIES REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT, GOODS, OR SERVICES OBTAINED THROUGH THE STORE OR THROUGH AFFILIATE LINKS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIGDOG TECHNOLGIES, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE STORE OR ANY CONTENT, GOODS, OR SERVICES MADE AVAILABLE THROUGH THE STORE, INCLUDING ANY ACTIVITIES AS AN AFFILIATE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE STORE, WHETHER AS A CUSTOMER OR AFFILIATE, SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) FIFTY U.S. DOLLARS ($50).

11. Indemnification

You agree to indemnify, defend, and hold harmless BIGDOG TECHNOLOGIES], its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Store; (b) your User Content; (c) your violation of these Terms; (d) your activities as an affiliate, including your marketing and promotional efforts; (e) your interaction with any other User; or (f) your violation of any third-party rights, including intellectual property rights.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware/United States, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or the Store shall be [Specify the dispute resolution process, e.g., submitted to binding arbitration in Delaware/United States under the rules of the American Arbitration Association, or subject to the exclusive jurisdiction of the state and federal courts located in Delaware/United States.

13. Modifications to These Terms

We reserve the right to modify these Terms at any time by posting the revised Terms on the Store. Your continued use of the Store after the posting of any revised Terms constitutes your acceptance of such revised Terms. We encourage you to review these Terms periodically for any changes.

14. Third-Party Links and Services

The Store may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites or services.

15. Entire Agreement

These Terms constitute the entire agreement between you and movewithbanks llc regarding your use of the Store and supersede all prior and contemporaneous agreements and understandings, whether written or oral.

16. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

17. Contact Us

If you have any questions about these Terms, please contact us at:

[email protected]