Partner with us


Total spending on vet care in America in 2020 is estimated to reach $16.62 billion, and that figure doesn’t even include over the counter pet medication.



We are honored that you would consider partnering with us. Fur Family Pets is committed to helping pets lead longer, healthier lives by providing insurance and pet benefit plans that fit all consumer budgets. We are the only pet solution provider that gives customers access to pet insurance solutions and pet discount plans, allowing you to capture the entire market of pet owners. Fur Family Pets was built from the ground up to provide marketers with the best technology to track, manage and build a real business. We provide you with all the training and marketing support to help you grow your business. We pay out the largest commissions in the industry and we do that for the life of the customer. Simply sign up today and get started earning commissions. Simply choose the Fur Family Pets technology package that fits your marketing needs.

Affiliate

  • Fur Family Pets URL
  • 10% on Pet Discount Plans
  • Insurance Quotes - $3.00
FREE


Professional

  • Custom Subdomain
  • 15% on Pet Discount Plans
  • Insurance Quotes - $4.00
  • Upload Your Logo
  • Create Marketing Channels
  • Build Hierarchy
$9.95/mo


Enterprise

  • Custom URL + SSL Certificate
  • 20% on Pet Discount Plans
  • Insurance Quotes - $5.00
  • Upload Your Logo
  • Create Marketing Channels
  • Build Hierarchy
  • White Label Solution
$49.95/mo



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Terms of Service


Marketer Terms: Sales Representative Agreement

This Sales Representative Agreement (the “Agreement”) is entered into by and between Latitude 26 LLC (dba Fur Family Pets  Insurance), a South Dakota registered business (referred to as “Fur Family Pets Pets”), having its principal place of business at 5825 Mark Dabling Blvd #130 Colorado Springs, CO 80919. Fur Family Pets, and the undersigned sales representative (“Sales Representative”, and together with Fur Family Pets, the “Parties”, and each, a “Party”).
 
WHEREAS, Fur Family Pets is in the business of operating online software where it sells Products and Services (as defined below) but not limited to the items listed in this agreement.

WHEREAS, Sales Representative wishes to assist Fur Family Pets as an independent sales representative to solicit customers and other sales representatives for the Products and Services (as defined below); and
 
WHEREAS, Fur Family Pets wishes to engage Sales Representative as an independent sales representative to solicit customers and other sales representatives for the Products and Services, 
subject to the terms and conditions of this Agreement; and
 
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, 
the Parties agree as follows:
 
1.  Definitions. Capitalized terms have the meanings set forth or referred to in this Section, or in the Section in which they first appear in this Agreement.

Action
Means any claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, notice of violation, proceeding, litigation, citation, summons, subpoena or investigation of any nature, civil, criminal, administrative, regulatory or other, whether at law, in equity or otherwise.

Agreement
Has the meaning set forth in the preamble.

Claim 
Means any Action brought against a Person entitled to indemnification under Section 12.

Compensation
Has the meaning set forth in Section 5.1.

Confidential Information
Has the meaning set forth in Section 9.1.

Customer
Means a purchaser of the Products and Services that has acquired such Product or Service through the sales efforts of Sales Representative under this Agreement or an individual
  who enters into an Sales Representative Agreement with Fur Family Pets through the sales efforts of Sales Representative.

Disclosing Party
Has the meaning set forth in Section 9.1.

Effective Date
Means the date on which the Sales Representative submits this Agreement to Fur Family Pets.

Governmental Authority         
Means any federal, state, local or foreign government or political subdivision thereof, or any agency or instrumentality of such government or political subdivision, or any 
self-regulated organization or other non-governmental regulatory authority or quasi-governmental authority (to the extent that the rules, regulations or orders of such organization
or authority have the force of Law), or any arbitrator, court or tribunal of competent jurisdiction.

Governmental Order
Means any order, writ, judgment, injunction, decree, stipulation, award or determination entered by or with any Governmental Authority.

Indemnified Party
Has the meaning set forth in Section 11.1.

Indemnifying Party
Has the meaning set forth in Section 11.1.

Initial Term
Has the meaning set forth in Section 8.1.

Intellectual Property Rights
Means all intellectual property rights comprising or relating to/of the following: (a) Patents; (b) Trademarks; (c) internet domain names, whether or not Trademarks, registered by
any authorized private registrar or Governmental Authority, web addresses, web pages, website and URLs; (d) works of authorship, expressions, designs and design registrations,
whether or not copyrightable, including copyrights and copyrightable works, software and firmware, application programming interfaces, architecture, files, records, schematics,
  data, data files, and databases and other specifications and documentation; (e) Trade Secrets; and (f) all other intellectual property rights, and all rights, interests and protections
  that are associated with, equivalent or similar to, or required for the exercise of, any of the foregoing, however arising, in each case whether registered or unregistered and including
all registrations and applications for, and renewals or extensions of, such rights or forms of protection pursuant to the Laws of any jurisdiction throughout in any part of the world.

Law
Means any statute, law, ordinance, regulation, rule, code, constitution, treaty, common law, Governmental Order or other requirement or rule of law of any Governmental Authority.

Losses
Has the meaning set forth in Section 11.1.

Notice
Has the meaning set forth in Section 15.4.

Party
Has the meaning set forth in the preamble to this Agreement.

Patents
Means all patents (including all reissues, divisional ‘s, provisional ’s, continuations and continuations-in-part, re-examinations, renewals, substitutions and extensions thereof), 
patent applications, and other patent rights and any other Governmental Authority-issued indicia of invention ownership (including inventor’s certificates, petty patents and patent utility models).

Person
Means any individual, partnership, corporation, trust, limited liability entity, unincorporated organization, association, Governmental Authority or any other entity.

Personnel
Means agents, employees or subcontractors engaged or appointed by Fur Family Pets or Sales Representative.

Fur Family Pets
Means Fur Family Pets, Inc. and/or any Affiliate thereof.

Fur Family Pets Intellectual Property Rights
Means all Intellectual Property Rights owned by or licensed to Fur Family Pets.

Fur Family Pets Trademarks
Means all Trademarks owned or licensed by Fur Family Pets.

Products
Means any products offered for retail sale or wholesale by Fur Family Pets, as Fur Family Pets may amend in its sole discretion from time to time.

Renewal Term
Has the meaning set forth in Section 8.2.

Representatives
Means a Party’s Affiliates, employees, officers, directors, partners, shareholders, agents, attorneys, third-party advisors, successors and permitted assigns.

Sales Representative
Has the meaning set forth in the preamble of this Agreement.

Services
Means any benefit services offered for retail sale or wholesale by Fur Family Pets, as Fur Family Pets may amend in its sole discretion from time to time.

Term
Has the meaning set forth in Section 8.2.

Trademarks
Means all rights in and to US and foreign trademarks, service marks, trade dress, trade names, brand names, logos, trade dress, corporate names and domain names and other similar
  designations of source, sponsorship, association or origin, together with the goodwill symbolized by any of the foregoing, in each case whether registered or unregistered and
  including all registrations and applications for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection in any part of the world.

Trade Secrets
Means all inventions, discoveries, trade secrets, business and technical information and know- how, databases, data collections, patent disclosures and other confidential and 
  proprietary information and all rights therein.

  2.  Appointment as Sales Representative.

1. Non-Exclusive Appointment. 
Fur Family Pets hereby appoints Sales Representative, and Sales Representative accepts such appointment, to act as a non-exclusive
  independent sales representative of Products and Services to Customers during the Term, solely in accordance with the terms and conditions of this Agreement. Fur Family Pets
may in its sole discretion directly or through an unaffiliated third party sell the Products and Services to any other Person.

2. Status as Independent Contractor.
1. Sales Representative is an independent contractor pursuant to this Agreement.

2. Nothing in this Agreement creates any agency, joint venture, partnership or other form of joint enterprise, employment or fiduciary relationship between the Parties or an
   employee/employer relationship. Neither Party has any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other Party
   or to bind the other Party to any contract, agreement or undertaking with any Customer or other third party.

3. The operations of the Sales Representative are subject to the sole control of Sales Representative. Sales Representative shall not employee any Personnel in connection
     with the performance of Sales Representative’s obligations under this Agreement.

4. Sales Representative shall be solely responsible for all costs or expenses that it may incur in the performance of its obligations hereunder.

3.  General Sales Representative Obligations.

1.  Market the Products and Services. Sales Representative may at its own expense:

1.  Market, advertise, promote and solicit the sale of the Products and Services to prospective and existing Customers consistent with good business practice, in each case
      using commercially reasonable efforts to maximize sales volume

2.  Initiate and attend sales calls and meetings with prospective and existing Customers;

3.  Develop and execute a sales and marketing plan sufficient to fulfill its obligations under this Agreement;

4.  Advertise in publications or media, and participate in trade shows and exhibits selected by Sales Representative, using Fur Family Pets approved marketing materials;

2.  Marketing Obligations. Sales Representative shall:

1.  Use only Fur Family Pets approved materials in connection with the marketing, advertisement, and promotion of the Products and Services;

2.  Market, advertise, promote and solicit the sale of the Products and Services and conduct business in a manner that reflects favorably at all times on the Products and
    Services and the good name, goodwill and reputation of Fur Family Pets; and

3.  Promptly notify Fur Family Pets of, and provide, upon Fur Family Pets request, assistance to Fur Family Pets to address and investigate, any complaint or adverse claim
      about any Product, Service, or its use.

3.  Customer Support. Except as explicitly authorized in this Agreement or in a separate written agreement with Fur Family Pets, Sales Representative shall not service, repair,
          modify, alter, replace, reverse engineer, or otherwise change the Products and Services.

4.  Obtain Government Approval. Sales Representative shall at its own expense maintain all certifications, credentials, licenses and permits necessary to conduct
      its business relating to its obligations under this Agreement.

5.  Prohibited Acts. Notwithstanding anything to the contrary in this Agreement, Sales Representative shall not directly or indirectly:

1.  Make any representations, warranties, guarantees, indemnities, similar claims or other commitments:

     a)  Apparently or ostensibly on behalf of Fur Family Pets, or

     b)  To any Customer with respect to the Products and Services, which representations, warranties, guarantees, indemnities, similar claims or other
  commitments are additional to or inconsistent with any then-existing representations, warranties, guarantees, indemnities, similar claims or other
           commitments in this Agreement or any written documentation provided by Fur Family Pets to Customer

2.  Engage in any unfair, anti-competitive, misleading or deceptive practices respecting the Products and Services, including any product disparagement.

3.  Separate any software or accessories sold, bundled or packaged with any Product or Service from such Product or Service or sell, license or distribute such software on a
    standalone basis, or remove, translate or modify the contents or documentation of or related to such software or accessories, including, without limitation, any Customer
      license agreements or warranty statements; or

4.  Sell, market, advertise, promote, solicit the sale of or offer to sell any goods other than the Products and Services, and goods that compete with the Products and Services,
    or any goods or services that compete with the business of Fur Family Pets, except to the extent this restriction is prohibited by applicable Law.

4.  Fur Family Pets Obligations.

1.  During the Term, Fur Family Pets shall:

a)  Provide any information, training and support that may be reasonably requested by Sales Representative regarding the marketing, advertising, promotion and sale of
      Products and Services under this Agreement;

b)  Allow Sales Representative to participate in any marketing, advertising, promotion and sales programs that Fur Family Pets may make generally available to its authorized
      sales representatives of Products and Service, provided that Fur Family Pets shall have the right to alter or eliminate any such program at any time;

c)  Approve or reject any promotional information or material submitted by Sales Representative for Fur Family Pets approval within thirty (30) days of receipt.;

d)  provide reasonable quantities of current English-language promotional information and materials in electronic format for use by Sales Representative in accordance with
      this Agreement; and

e)  Keep records of all sales of Products and Services through Sales Representative hereunder and submit to Sales Representative (together with the applicable Compensation
    payment under Section 5) a report indicating its total sales through Sales Representative hereunder for the immediately preceding period and the amount of payments
    received by Fur Family Pets with respect to such sales for which Sales Representative is entitled to a Compensation under Section 5.

2.  Availability of Products and Services. Fur Family Pets may, in its sole discretion:

    a) Discontinue the sale of the Products and Services without advance written Notice thereof;

    b) Reduce or allocate its inventory of Products and Services; and

5. Compensation.

1.  Compensation Rate. Fur Family Pets shall pay Sales Representative a compensation (“Compensation”) for its services for all sales solicited by Sales Representative pursuant
 to the terms of the applicable Compensation Schedule in Exhibit A which may be amended from time to time in Fur Family Pets Pet’s sole discretion.

2.  Disputes. Fur Family Pets calculations of Compensation shall be final, and Sales Representative shall have no right to dispute the amount or payment of any Compensation
  earned in connection with this Agreement.

3.  Set-off Right. Fur Family Pets may withhold payment of any amounts due and payable under this Agreement by reason of any set-off of any claim or dispute with Sales Representative,  whether relating to Sales Representative’s breach, bankruptcy or otherwise.

6.  Compliance with Laws. 
        
1.  Sales Representative shall at all times comply with all Laws except to the extent that such failure could not, in the aggregate, reasonably be expected to have a material adverse
            effect on Sales Representative’s ability to comply with its obligations under this Agreement. Without limiting the generality of the foregoing, Sales Representative shall not    engage in any activity or transaction involving the Products and Services, by way of marketing, promotion, advertising, the solicitation of the sale, lease, use or otherwise,    that violates any Law.

7.  Intellectual Property Rights.

1.   Ownership. Sales Representative acknowledges and agrees that:

a)  All of Fur Family Pets Intellectual Property Rights are the sole and exclusive property of Fur Family Pets or its licensors.

b)  Sales Representative shall not acquire any ownership interest in any of Fur Family Pets Intellectual Property Rights under this Agreement.

c)  Any goodwill derived from the use by Sales Representative of Fur Family Pets Intellectual Property Rights inures to the benefit of Fur Family Pets or its licensors.

d)  If Sales Representative acquires any Intellectual Property Rights in or relating to any Product purchased under this Agreement (including any rights in any Trademarks,
    derivative works or patent improvements relating thereto), by operation of law, or otherwise, such rights are deemed and are hereby irrevocably assigned to Fur Family Pets
    or its licensors, as the case may be, without further action by either of the Parties; and

e)  Sales Representative shall use Fur Family Pets Intellectual Property Rights solely for the purposes of performing its obligations under this Agreement and only in   accordance with this Agreement and the instructions of Fur Family Pets.

2.   Marketing and Resale Right Only. 

a)  Sales Representative is authorized to market the Products and Services only in the form and packaging as authorized by Fur Family Pets to Sales Representative.  Other than the express licenses granted by this Agreement, Fur Family Pets grants no right or license to Sales Representative by implication, estoppel or otherwise to the Products and Services or any of Fur Family Pets Intellectual Property Rights. To the extent that Sales Representative translates or causes to be translated, any of Fur Family Pets marketing materials, user manuals or other documentation, Sales Representative hereby irrevocably assigns all copyrights in such translations to Fur Family Pets, subject to a non-exclusive, non-transferable and non-sublicensable license to Sales Representative, hereby granted by Fur Family Pets, to use such translations during the Term solely on or in connection with the promotion, advertising, resale or use of the Products and Services permitted under this Agreement.

3.   Prohibited Acts. Sales Representative shall not, and shall not cause or encourage Customers to:

a) Take any action that may interfere with any of Fur Family Pets rights in or to Fur Family Pets Intellectual Property Rights, including Fur Family Pets ownership or exercise thereof.

b) Challenge any right, title, or interest of Fur Family Pets in or to Fur Family Pets Intellectual Property Rights.

c) Make any claim or take any action adverse to Fur Family Pets ownership of Fur Family Pets Intellectual Property Rights.

d) Register or apply for registrations, anywhere in the world, for Fur Family Pets Trademarks or any other Trademark that is similar to Fur Family Pets Trademarks or that
      incorporates Fur Family Pets Trademarks in whole or in confusingly similar part.


e) Use any mark, anywhere, that is confusingly similar to Fur Family Pets Trademarks.

f) Engage in any action that tends to disparage, dilute the value of, or reflect negatively on the products purchased under this Agreement (including Products and Services) or
    any Fur Family Pets Trademark.

g) Misappropriate any of Fur Family Pets Trademarks for use as a domain name without prior written consent from Fur Family Pets; and

h) Alter, obscure or remove any of Fur Family Pets Trademarks or trademark or copyright notices or any other proprietary rights notices placed on the products purchased
      under this Agreement (including Products and Services), marketing materials or other materials that Fur Family Pets may provide.

4.   No Continuing Rights. On expiration or earlier termination of this Agreement, Sales Representative will immediately cease all display, advertising, promotion and use of all of
        Fur Family Pets Trademarks and will not thereafter use, advertise, promote or display any Trademark or any part thereof that is similar to or confusing with Fur Family Pets
      Trademarks or with any Trademark associated with Fur Family Pets or any Product.

8.    Term; Termination.

1.  Initial Term. The term of this Agreement commences on the Effective Date and continues for a period of one (1) year, unless and until terminated as provided under this
            Agreement (the “Initial Term”).

2.  Renewal Term. Upon expiration of the Initial Term, this Agreement automatically renews for additional successive one (1) year terms unless and until either Party provides
    written Notice of nonrenewal at least thirty (30) days prior to the end of the then-current term (each a “Renewal Term” and together with the Initial Term, the “Term”), or
      unless and until sooner terminated as provided under this Agreement. If the Term is renewed for any Renewal Term(s) pursuant to this Section 8.2, the terms and conditions
    of this Agreement during each such Renewal Term are the same as the terms in effect immediately prior to such renewal. In the event either Party provides timely Notice
      of its intent not to renew this Agreement, then, unless earlier terminated in accordance with its terms, this Agreement terminates on the expiration of the Initial Term
    or then- current Renewal Term, as applicable.

3.  Fur Family Pets Right to Terminate. Fur Family Pets may terminate this Agreement by providing written Notice to Sales Representative:

a)  If Sales Representative breaches any provision of this Agreement, including but not limited to the restrictive covenants set forth herein, and either the breach
    cannot be cured or, if the breach can be cured, it is not cured by Sales Representative within ten (10) days after Sales Representative’s receipt of written Notice
    of such breach;

b)  If Sales Representative fails to pay any monthly membership fee due to Fur Family Pets when due.

c)  If Sales Representative becomes insolvent or files, or has filed against it, a petition for voluntary or involuntary bankruptcy or pursuant to any other insolvency Law,
            makes or seeks to make a general assignment for the benefit of its creditors or applies for, or consents to, the appointment of a trustee, receiver or custodian for a
              substantial part of its property, or is generally unable to pay its debts as they become due; or

d)  If Sales Representative fails to observe or perform any term, covenant or condition on Sales Representative’s part to be observed or performed under any agreement with
      Fur Family Pets, other than this Agreement, and such default continues beyond any grace period set forth in such other agreement for the remedying of such default.

  e)  Any termination under this Section 8.3 will be effective on the Sales Representative’s receipt of Fur Family Pets written Notice of termination or such later date (if any)
              set forth in such Notice.

4.  Sales Representative’s Right to Terminate. Sales Representative may terminate this Agreement at any time upon written Notice to Fur Family Pets.

5.  Effect of Expiration or Termination.

a) Expiration or termination of the Term will not affect any rights or obligations that are to survive the expiration or earlier termination of this Agreement pursuant to
             Section 15.3.

b) Upon the expiration or earlier termination of this Agreement, Sales Representative shall promptly:

c) Cease to represent itself as Fur Family Pets authorized Sales Representative with respect to the Products and Services, and shall otherwise desist from all conduct
   or representations that might lead the public to believe that Sales Representative is authorized by Fur Family Pets to market, promote or solicit sales
           of the Products and Services;

d) Use its best efforts to permanently erase all of Fur Family Pets marketing and other proprietary information from its computer systems; and

      e) Certify in writing to Fur Family Pets that it has complied with the requirements of this clause.

f) Subject to Section 8.5(a), the Party terminating this Agreement, or in the case of the expiration of this Agreement, each Party, shall not be liable to the other Party
   for any damage of any kind (whether direct or indirect) incurred by the other Party by reason of the expiration or earlier termination of this Agreement.

9.   Confidentiality.

1.  Scope of Confidential Information. From time to time during the Term, Fur Family Pets (as the “Disclosing Party”) may disclose or make available to Sales Representative
    (as the “Receiving Party”) information about its business affairs, goods and services, forecasts, confidential information and materials comprising or relating to Intellectual 
    Property Rights, Trade Secrets, third-party confidential information and other sensitive or proprietary information, as well as the terms of this Agreement, whether orally or in
      written, electronic or other form or media, whether or not marked, designated or otherwise identified as “confidential” (collectively, “Confidential Information”).
            Confidential Information does not include information that, at the time of disclosure:

a) Is or becomes generally available to and known by the public other than as a result of, directly or indirectly, any breach of this Section 9.1 by the Receiving Party
           or any of its Representatives;

b) Is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from
     disclosing such Confidential Information;

c) Was known by or in the possession of the Receiving Party or its Representatives prior to being disclosed by or on behalf of the Disclosing Party;

d) Was or is independently developed by the Receiving Party without reference to or use of, in whole or in part, any of the Disclosing Party’s Confidential Information; or

      e) Is required to be disclosed pursuant to applicable Law.

2.   Protection of Confidential Information. The Receiving Party shall:

a) Protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect
           its own Confidential Information, but in no event with less than a commercially reasonable degree of care;

b) Not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations
           under this Agreement; and

3)   Not disclose any such Confidential Information to any Person, except to the Receiving Party’s Sales Representatives who need to know the Confidential Information to assist the
      Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under this Agreement. The Receiving Party shall be responsible for any breach
              of this caused by any of its Representatives.

10.  Representations and Warranties.

1.    Sales Representative’s Representations and Warranties. Sales Representative represents and warrants to Fur Family Pets that:

a) He or she is an individual, at least 18 year of age;

b) He or she is qualified and licensed to do business in every jurisdiction where such qualification and licensing is required for purposes of this Agreement;

c) He or she has the full right and capacity to enter into this Agreement and to perform its obligations under this Agreement; and

d) When executed and delivered by each of Fur Family Pets and Sales Representative, this Agreement will constitute the legal, valid and binding obligation of Sales
           Representative, enforceable against Sales Representative in accordance with its terms, subject to the effect of any applicable bankruptcy, insolvency, reorganization,
             moratorium, or similar laws affecting creditors’ rights generally or the effect of general principles of equity (regardless of whether considered in a proceeding at 
           law or in equity).

11.  Indemnification.

1.    Indemnification. Subject to the terms and conditions set forth in Section 11.2, Sales Representative (as “Indemnifying Party”) shall indemnify Fur Family Pets and its officers, 
        directors, employees, agents, Affiliates, successors and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies,
        claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees and the costs of enforcing
        any right to indemnification under this Agreement and the cost of pursuing any insurance providers, incurred by Indemnified Party or awarded against Indemnified Party
        (collectively, “Losses”), relating to, arising out of or resulting from any third-party Claim alleging:

a)  Breach or non-fulfillment of any representation, warranty or covenant under of this Agreement by Indemnifying Party or Indemnifying Party’s Personnel; or

b)  Any negligent or more culpable act or omission of Indemnifying Party or its Personnel (including any recklessness or willful misconduct) in connection with the
    performance of its obligations under this Agreement.

2.   Exceptions and Limitations on General Indemnification. Notwithstanding anything to the contrary in this Agreement, Indemnifying Party is not obligated to indemnify, hold
       harmless or defend Indemnified Party against any Third Party Claim if such Third Party Claim or corresponding Losses arise out of or result from, in whole or in part, 
       Indemnified Party’s or its Personnel’s:

a)  Gross negligence or more culpable act or omission (including recklessness or willful misconduct); or

b)  Bad faith failure to materially comply with any of its material obligations set forth in this Agreement.

3.   Sole Remedy. SECTION 11 SETS FORTH THE ENTIRE LIABILITY AND OBLIGATION OF INDEMNIFYING PARTY AND THE SOLE AND EXCLUSIVE REMEDY FOR INDEMNIFIED PARTY FOR ANY DAMAGES COVERED BY SECTION 11.

12.  Non-solicitation. 

During the Term and for a period of twenty-four (24) months thereafter, Sales Representative shall not, and shall not permit its Representatives to, directly or indirectly, in any
        manner make any solicitation to (a) employ Fur Family Pets Personnel or (b) enter into a business relationship with Fur Family Pets vendors or suppliers, without written consent of Fur Family Pets  to be given or withheld in Fur Family Pets sole discretion.

13.  Non-Competition.

During the Term and for a period of one (1) year thereafter, Sales Representative shall not directly or indirectly, either for its own account, or as a partner, shareholder, officer,  director,  employee, agent, or otherwise; own, manage, operate, control, be employed by, participate in, consult with, perform services for, or otherwise be connected with any  business in the same as or similar to the business conducted by Fur Family Pets.

14.  Limitation of Liability.

1.  NO LIABILITY FOR CONSEQUENTIAL OR INDIRECT DAMAGES. EXCEPT FOR LIABILITY FOR INDEMNIFICATION, LIABILITY FOR BREACH OF CONFIDENTIALITY, OR LIABILITY FOR INFRINGEMENT OR MISAPPROPRIATION  OF INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL EITHER PARTY OR ITS REPRESENTATIVES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES,
        LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT IT  WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING
        THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

15.  Miscellaneous.

1.  Further Assurances. Upon Fur Family Pets reasonable request, Sales Representative shall, at its sole cost and expense, execute and deliver all such further documents and instruments, and take all such further acts, necessary to give full effect to this Agreement.

        2.  Entire Agreement.

a)  This Agreement, including and together with all exhibits, schedules, attachments and appendices, constitutes the sole and entire agreement of the Parties with respect to the 
              subject matter contained herein and therein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and     oral, with respect to such subject matter.

b)  Without limitation of anything contained in Section 15.2(a), each Party acknowledges that except for the representations and warranties contained in Section 10, neither
            Party nor any other Person has made or makes any other express or implied representation or warranty, either written or oral, on behalf of such Party, including any
            representation or warranty arising from statute or otherwise in Law.

  3.  Survival; Limitation of Actions. Subject to the limitations and other provisions of this Agreement:

(a)  the representations and warranties of the Parties contained herein shall survive the expiration or earlier termination of this Agreement for a period of twelve (12) months
     after such expiration or termination; and (b) Sections 12 and 13 of this Agreement, as well as any other provision that, in order to give proper effect to its intent, 
     should survive such expiration or termination, shall survive the expiration or earlier termination of this Agreement for the period specified therein, or if nothing is specified
       for a period of twelve (12) months after such expiration or termination. Not withstanding any right under any applicable statute of limitations to bring a claim, no lawsuit
                     or other action based upon or arising in any way out of this Agreement may be brought by either Party after the expiration of the applicable survival period; provided, 
     however, that any other claims asserted in good faith with reasonable specificity and in writing by notice prior to the expiration of the applicable survival period
                     are not thereafter barred by the expiration of the relevant period, and such claims survive until finally resolved.

4.  Notices. Each Party shall deliver all notices, requests, consents, claims, demands, waivers and other communications under this Agreement (each, a “Notice”) in writing and   addressed to the other Party at the e-mail address designated by such Party. Except as otherwise provided in this Agreement, Notice is effective only (a) on receipt by the receiving Party, and  (b) if the Party giving the Notice has complied with the requirements of this Section.

5.   Interpretation. For purposes of this Agreement: (a) the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; (c) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to this Agreement as a whole; (d) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (e) words denoting any gender include all genders. Unless the context otherwise requires, references in this Agreement: (x) to sections, exhibits, schedules, attachments and appendices mean the sections of, and exhibits, schedules, attachments and appendices attached to, this Agreement; (y) to an agreement, instrument  or other document means such agreement, instrument or other document as amended, supplemented and modified from time to time to the extent permitted by the provisions thereof;  and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. The Parties drafted  this Agreement without regard to any presumption or rule requiring construction or interpretation against the Party drafting an instrument or causing any instrument to be drafted. The exhibits, schedules, attachments and appendices referred to herein are an integral part of this Agreement to the same extent as if they were set forth verbatim herein.

6.  Headings. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.

7.  Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability does not affect
            any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

8.  Amendment and Modification. No amendment to or rescission, termination or discharge of this Agreement is effective unless it is in writing, identified as an amendment to or rescission,  termination or discharge of this Agreement and signed by each Party.

9.  Waiver. No waiver under this Agreement is effective unless it is in writing and signed by the Party waiving its right. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated and does not operate as a waiver on any future occasion. None of the following constitutes a waiver or estoppel of any right, remedy, power, privilege or condition arising from this Agreement: (i) any failure or delay in exercising any right, remedy, power or privilege or in enforcing any condition under this Agreement; or (ii) any act, omission or course of dealing between the Parties

10.  Equitable Remedies. Sales Representative acknowledges and agrees that (a) a breach or threatened breach by such Party of any of its obligations under Sections 12 and 13 would give rise to irreparable harm to the other Party for which monetary damages would not be an adequate remedy and (b) in the event of a breach or a threatened breach by Sales Representative of any such obligations, Fur Family Pets shall, in addition to any and all other rights and remedies that may be available to Fur Family Pets at law, at equity or otherwise in respect of such breach, be entitled to equitable relief, including a temporary restraining order, an injunction, specific performance and any other relief that may be available from a court of competent jurisdiction, without any requirement to post a bond or other security, and without any requirement to prove actual damages or that monetary damages will not afford an adequate remedy. Sales Representative agrees that Sales Representative will not oppose or otherwise challenge the appropriateness of equitable relief or the entry by a court of competent jurisdiction of an order granting equitable relief, in either case, consistent with the terms of this Section 15.1.

11. Assignment. Sales Representative may not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Fur Family Pets. 
      Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves the assigning or delegating Party of any of its     obligations under this Agreement. Fur Family Pets may assign any of its rights or delegate any of its obligations to any Affiliate or to any Person acquiring all or substantially all of Fur Family Pets assets.

12. Successors and Assigns. This Agreement is binding on and inures to the benefit of the Parties and their respective permitted successors and permitted assigns.

13. No Third-party Beneficiaries. The Parties do not confer any rights or remedies upon any Person other than the Parties to this Agreement and their respective successors and permitted assigns.

14. Choice of Law. This Agreement, including all exhibits, schedules, attachments and appendices attached hereto and thereto, and all matters arising out of or relating to this Agreement, are governed by, and construed in accordance with, the Laws of the State of Colorado, United States of America, without regard to the conflict of law’s provisions thereof to the extent such principles or rules would require or permit the application of the Laws of any jurisdiction other than those of the State of Colorado.

15.  Dispute Resolution.

a)  The Parties will attempt in good faith to resolve promptly any dispute or claim between or among them, whether such claim sounds in contract, tort or otherwise, by negotiations between the Parties. The dispute resolution initiating Party shall submit to the other Party written Notice of the dispute. Within fifteen (15) days after receipt of said Notice, the receiving Party shall submit a written response to the initiating Party. The Notice and the response(s) each shall include a statement of the submitting Party’s position on each issue in dispute and a summary of the arguments and evidence supporting its position. The Parties or their Representatives shall meet at a mutually acceptable time and place within thirty (30) days of the date of the disputing Party’s notice and again thereafter as often as they reasonably deem necessary in order to exchange relevant information and to attempt to resolve the dispute.

2.  If the dispute or claim has not been resolved pursuant to Section 15.16(a) within ninety (90) days of the commencement of such procedure (this period may be extended by
      mutual agreement), which commencement is a condition precedent to the initiation of proceedings under this Section 15.16(b), or if either Party will not continue with said procedure, then the dispute or claim, including the arbitrability of the dispute or claim or any issue, shall be settled by binding arbitration in accordance with then current  arbitration rules of AAA by a sole arbitrator appointed by the Parties, or if the Parties cannot agree upon an arbitrator, by an arbitrator appointed by AAA. Pending final  award, arbitrator compensation and expenses shall be advanced equally by both Parties. The arbitration shall be governed by the United States Arbitration Act, to the exclusion of any provisions of State law inconsistent therewith or that would produce a different result. The place of arbitration shall be Colorado Springs, CO, at any location as the arbitrator directs, having due regard of the convenience of the Parties, of witnesses and of the arbitrator. The arbitrator shall determine the rights and obligations of the Parties according to the substantive laws of the State of Colorado, excluding conflict of law principles, and shall give effect to applicable statutes of limitation. The arbitrator may consolidate arbitrations involving common questions of law or fact. The arbitrator may make any order to protect a Party or Person from annoyance, embarrassment, oppression or undue burden or expense that justice requires. The arbitrator may make final, interim, interlocutory and partial awards, and may grant any remedy or relief that the arbitrator deems just and equitable and within the scope of the agreement of the Parties, including but not limited to specific performance and the awarding of attorney’s fees and costs, but the arbitrator is not empowered to award damages in excess of liquidated or actual damages, whichever is applicable, nor is the arbitrator empowered to award punitive damages. Judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction.

16.  Waiver of Jury Trial. Each Party acknowledges and agrees that any controversy that may arise under this Agreement, including any exhibits, schedules, attachments and appendices attached to this Agreement, is likely to involve complicated and difficult issues and, therefore, each such Party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement, including any exhibits, schedules, attachments and appendices attached to this Agreement, or the transactions contemplated hereby. Each Party certifies and acknowledges that (a) no Party has represented, expressly or otherwise, that such Party would not seek to enforce the foregoing waiver in the event of a legal action, (b) such Party has considered the implications of this waiver, (c) such Party makes this waiver voluntarily, and (d) such Party has been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this Section.

17.  Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. An electronically signed copy of this Agreement delivered by means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

18.  Force Majeure. No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling
      or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the affected Party’s reasonable control,   including, without limitation: (a) acts of God; (b)  flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot
     or other civil unrest; (d) Law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any Governmental Authority; (g) national or
       regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities.

19.  No Public Announcements. Unless expressly permitted under this Agreement, Sales Representative shall not make any statement (whether oral or in writing) in any press release, external advertising, marketing or promotion materials regarding Fur Family Pets or its business unless it has received the express written consent of Fur Family Pets, or it is required to do so by Law.


Exhibit A: Compensation

License holders are assigned a rank of Affiliate, Professional, or Enterprise and charged an initial fee if applicable and a monthly cost to maintain said marketing license with Fur Family Pets.

 

 

Program Name

Monthly Cost

Affiliate

None

Pro

$9.95

Enterprise

$49.95

 

Compensation

 

Program

Pet Membership Subscriptions

Pet Insurance Leads

Affiliate

10%

$3/lead

Pro

15%

$4/lead

Enterprise

20%

$5/lead

 

Pet Insurance Leads

“Lead” means a unique opportunity generated through the site that includes required rating demographics and agreed contact information of the site visitor.

 

Pet Membership Subscriptions

Compensation on Pet Membership subscriptions are paid monthly for each successful subscription payment received, and payments continue as long as membership is active. The figures below show the retail price for Pet Membership programs.

 

Subscription Plan

Price

Fur Family Pets Bronze

$7.95

Fur Family Pets Pet Silver (In Development)

$9.95

Fur Family Pets Pet Gold

$12.95

 

 

 

    

Compensation Processing, Payment Schedule, and Timing

Retail compensation is processed on the 20th of each month. Compensation will be based upon the previous month of payments. Each compensation run is reviewed by a human the following business day for verification and data transfer to the accounting department. Compensation will then be paid as soon as possible via check or direct deposit (if available). All compensation is paid in arears to allow time for any returns, disputes, errors corrections or other issues to be resolved.


 Program Benefits 

Program Benefits

Affiliate

Professional

Enterprise

 

Compensation (Disc/Ins)

10% & $3

15% & $4

20% & $5

Recruit Affiliates

No

Yes

Yes

Platform Branding

   Fur Family Pets Logo

Your Logo

Your Logo

Personalized URL

No

No

Yes

Create Marketing Channels

No

No

Yes – up to 50 Channels

Set Affiliate Comp Level

No

No

Yes

API Integration

No

No

Yes

Group Enrollment

No

Yes

Yes

 

 

 

 

 

 


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