PitPat Promoter Scheme Terms
The terms of this agreement (“Agreement”) apply between you (the “Promoter”) and Pitpatpet Ltd, a company incorporated under English law, registered number 09199537, having its registered office at 75 The Belvedere, Homerton Street, Cambridge, CB2 0NU (the “Seller”).
The Seller sells a dog activity monitor known as PitPat (the “Product”).
The Promoter has a dog-owning audience, network, following or customer base (the “Promoter Audience”).
The Promoter has agreed to conduct a promotional campaign (the “Campaign”) to the Promoter Audience introducing the offer by the Seller of a discount on the sale of the Product by the Seller through a Promotional Code redeemable on pitpat.com (the “Seller Website”). In return for the Campaign, the Seller has agreed to pay the Promoter a commission on each Product sold as a result of the Campaign.
If the Promoter is accepted onto the PitPat Promoter Scheme by the Seller, these are the terms under which the Promoter will conduct the Campaign and the Seller agrees to pay a commission.
- The Seller will issue the Promoter with a unique Promotional Code that gives the Promoter Audience £5.00 (inc VAT) off the Product when purchased through the Seller Website for the duration of the Campaign. The Promotional Code cannot be used in conjunction with any other offer on the Seller Website.
- The Promoter will target the Campaign and Promotional Code only at the Promoter Audience that the Promoter considers eligible to receive the Campaign materials, taking into account all relevant data protection legislation and the Promoter’s own business interests.
- For every sale of the Product that is made by the Seller to the Promoter Audience that uses the Promotional Code mentioned in the Campaign materials and which is not returned under the Seller’s return policy (a “Qualifying Sale”), the Seller will pay the Promoter a commission of £5.00, plus VAT if applicable (the “Commission”). The Promotional Code must be added by the purchaser at the time of sale of the Product and cannot be retrospectively added.
- The Campaign will run on a rolling monthly basis. Within 30 days of the end of each month, the Seller will provide a report on all Qualifying Sales, and the Commission due to the Promoter on the Qualifying Sales for that month. Commission will be paid to the Promoter at the end of the following month through PayPal. Where the Promoter is VAT registered, the Promoter shall submit a valid invoice to the Seller for the Commission before the Commission is paid .
- The Seller may provide the Promoter with samples, images, logos or descriptions of the Product (the “Product Marketing Materials”) for use in the Campaign. The Seller maintains all rights to Product Marketing Materials and the Promoter must only use them for the Campaign. The Promoter must follow the Seller’s instructions for their use of the Product Marketing Materials and any associated marketing descriptions including but not limited to the Seller’s brand guidelines. The Promoter must fairly and accurately represent the Product and must not, under any circumstances make the Promotional Code available outside of the Promoter Audience, including but not limited to voucher code websites.
- The Seller shall comply with all applicable laws and regulations in dealing with, and making sales of the Product to the Promoter Audience. The Seller shall provide customer support to the Promoter Audience on the same basis as any other retail purchase of the Product through the Seller’s Website.
- The Promoter must not use the Promotional Code themselves to buy and resell the Product.
- Neither party makes any guarantee, representation or warranty that any sales of the Product will be made by the Seller as a result of the Campaign.
- This Agreement is non-exclusive. Either party may enter into similar arrangements with third parties.
- Each party will comply with the obligations placed upon it by applicable data protection laws, including the Data Protection Act 2018.
- Nothing in this Agreement will limit or exclude either party’s liability (i) for death or personal injury caused by its negligence or (ii) for fraud or fraudulent misrepresentation.
- Either party may terminate this Agreement with 14 days notice. The Seller may terminate this Agreement immediately if it reasonably believes the Promoter is not respecting the brand values of the Seller, is behaving in a way which could bring either party into disrepute or is not following the terms of this Agreement. On termination, the Promoter must cease the Campaign immediately and the Seller will cancel the Promotional Code. The Seller will within 30 days pay the Promoter the Commission for any outstanding Qualifying Sales prior to termination.
- The Seller may alter the terms of the PitPat Promoter Scheme at any time, including but not limited to the discount the Promotional Code provides and the level of Commission. In the event of such alterations we will endeavour to maintain or improve the general appeal of the PitPat Promoter Scheme. However, if any such alteration materially reduces the value to the Promoter, the Promoter shall have the right to terminate this Agreement immediately.
- The following miscellaneous terms also apply:
14.1 This Agreement constitutes the entire agreement between the parties in connection with its subject matter and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral, relating to its subject matter.
14.2 No amendment or variation of this Agreement shall be effective unless it is in writing and signed by the parties or their authorised representatives.
14.3 Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute one party the agent of the other party, or authorise either party to make or enter into any commitments for or on behalf of the other party. Nothing in this Agreement shall render the Promoter an employee, worker, agent or partner of the Seller and the Promoter shall not hold themself as such. The Promoter is fully responsible for any tax liability whatsoever arising from or made in connection with this Agreement.
14.4 The provisions of this Agreement will be severable in the event that any of the provisions hereof are held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, and the remaining provisions will remain enforceable to the fullest extent permitted by law.
14.5 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation.
Any enquiries or notices should be directed to [email protected]