These Terms govern:
- the participation by third-party organizations in the Positively Shelter Affiliate program
- the rights of third party organizations approved as Positively Shelter Affiliates
in a legally binding way.
Individuals and organizations intending to submit an application to become a Positively Shelter Affiliate must read this document carefully.
Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.
The Positively Shelter Affiliate program is administered by:
Victoria Stilwell Enterprises, LLC
PO Box 250284
Atlanta, GA 30325
USA
Program contact email: [email protected].
DEFINITIONS
Program
The processes and actions related to the execution of the Positively Shelter Affiliate program.
Affiliate
The institution/entity participating in the Positively Shelter Affiliate program.
VSE
Indicates the legal entity that administers and owns the Program
Agreement
Any legally binding or contractual relationship between VSE and the Affiliate, governed by these Terms.
Product
A good or service available for purchase by VSE, such as e.g. online courses, physical goods, digital files, software, etc.
Client
An end-user consumer of VSE’s Products as such under applicable law.
Coupon
Any code or voucher, in print or electronic form, which allows Consumers to purchase the Products at a discounted price.
Terms
All provisions applicable to the use of the Program and/or the Products as described in this document, including any other related documents or agreements, and as updated from time to time.
TERMS OF PARTICIPATION
By applying to become an Affiliate, applicants confirm that they meet the following requirements:
- They have the right to represent the Affiliate
- The Affiliate is an entity or organization whose primary operations include animal rescue, sheltering, and adoption
- The Affiliate promotes the use of positive training tools and methods
- They must have created a Positively.com website account;
Affiliate Application
To participate in the Program, Affiliates must first complete its application process.
Applications must be submitted by an individual with the appropriate rights and credentials to represent the proposed Affiliate.
Only one application may be submitted per proposed Affiliate.
Upon application submission, proposed Affiliates are not automatically granted Affiliate status. The Program administrators must process the proposed Affiliate application, and only after notification from the Program that the application was approved is the proposed Affiliate designed with Affiliate status.
Program terms do not apply to proposed Affiliates until they are approved and notified by the Program that they are an Affiliate.
Determination regarding Affiliate status will be determined at the sole discretion of VSE.
Program Processes
Upon approval as an Affiliate, VSE will provide the Affiliate with resources designed to be used to promote its mission and operation supporting animal rescue and adoption processes. These resources may change from time to time and consist of materials determined at the sole discretion of VSE.
There is no cost to Affiliates to participate in the program.
VSE will provide Affiliates with unique offer codes designed to be shared with supporters and Clients to access select Products at discounted rates.
Commissions
VSE will pay Affiliate $1 USD for each paid course enrolled in by any client provided client uses the VSE-supplied promo code specific to the Affiliate.
Commission payments will be made on a regular basis, usually quarterly but at the discretion of VSE, via PayPal to the Affiliate’s PayPal address provided during application and registration in the Program. VSE reserves the right to withhold commission payments until particular dollar amount thresholds - to be set at VSE’s sole discretion and subject to change at any time - are met for the Affiliate.
Commissions will only be earned on paid courses on Positively.com when any client redeems the enrolled course by using the Affiliate’s unique offer code. Any enrollments made without the Affiliate’s offer code will not be eligible for commission.
Account termination
Affiliates can terminate their account and withdraw from the Program at any time by providing written notice to VSE at [email protected]. Upon notification of the decision to withdraw, VSE has up to 60 days to withdraw the Affiliate from the program and close its account, including payment of any outstanding commission payments due.
VSE reserves the right to terminate an Affiliate’s participation in the program with immediate effect at any time for any reason. Upon termination, VSE will notify the Affiliate that its account is closed within 30 days.
Indemnification
The Affiliate agrees to indemnify and hold VSE and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Program or VSE’s Products by the Affiliate or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Limitation of liability
Unless otherwise explicitly stated and without prejudice to applicable law, Affiliates shall have no right to claim damages against VSE (or any natural or legal person acting on its behalf).
In particular, within the limits stated above, VSE shall not be liable for:
- any losses that are not the direct consequence of a breach of the Terms by the VSE;
- any loss of business opportunities and any other loss, even indirect, that may be incurred by the Affiliate (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
- damages or losses resulting from interruptions or malfunctions of the Program due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of VSE, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications.