DIG IT PET PRODUCTS AFFILIATE Terms and Conditions

By submitting your application form to become a DIG IT PET PRODUCTS AFFILIATE, you acknowledge that you have read the terms and conditions, understand, and agree with them.

DIG IT PET PRODUCTS ("DIG IT PET PRODUCTS") offers other websites the opportunity to market DIG IT PET PRODUCTS in order to earn commissions on sales as a result of such marketing. The following are the terms and conditions for use of the DIG IT PET PRODUCTS Affiliation Program ("DIG IT PET PRODUCTS Affiliation Program" or "the Program") by the AFFILIATE or the Reseller (hereinafter referred to as "AFFILIATE"). Please read them carefully.

IMPORTANT: BY ACCEPTING THE TERMS AND CONDITIONS THROUGH CLICKING ON THE "ACCEPT TERMS AND CONDITIONS" BUTTON AND BY PLACING ANY DIG IT PET PRODUCTS ADVERTISEMENT, IMAGES OR LINKS ON HIS/HER/THEIR SITE, THE AFFILIATE IS AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS AFFILIATE PROGRAM AGREEMENT, AND GIVES FULL CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AFFILIATE PROGRAM AGREEMENT.

SHOULD A PROSPECTIVE AFFILIATE NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, OR CANNOT COMPLY WITH THESE TERMS AND CONDITIONS, HE/ SHE/ THEY SHOULD CLOSE THIS WINDOW, THEREFORE TERMINATING THE REGISTRATION PROCESS, AND THEREBY SURRENDERING ANY AND ALL AUTHORITY TO USE THE AFFILIATE PROGRAM.

IF THE AFFILIATE IS DEEMED TO HAVE ORDERED THE AFFILIATE PROGRAM, DIG IT PET PRODUCTS'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AFFILIATE PROGRAM AGREEMENT.

These terms will begin immediately upon your written acceptance with the AFFILIATE program by DIG IT PET PRODUCTS and will end when your AFFILIATE account is terminated by either party as determined with the Terms of this Agreement. The Terms of this Agreement may be modified by DIG IT PET PRODUCTS at any time, and the AFFILIATE will be notified promptly. If any modification to the terms is unacceptable to you, your only choice is to terminate your AFFILIATE account. Your continuing participation in the program will constitute your acceptance of any change.

I. THE AFFILIATE PROGRAM

A. Description of the Program.Membership in the DIG IT PET PRODUCTS AFFILIATE Program is free of charge. Your participation in the program as an AFFILIATE is solely for the purpose of legally advertising our website to receive a commission on products purchased by your referral individuals.

Following registration and approval of the application to become a DIG IT PET PRODUCTS AFFILIATE, the AFFILIATE PROGRAM consists of placing Advertising Referral Links described herein to DIG IT PET PRODUCTS site directly from AFFILIATE'S website. DIG IT PET PRODUCTS makes no guarantees as to the continuous availability of any of its pages or services or any specific feature(s) of the AFFILIATE PROGRAM.

B. Application. Eligibility. DIG IT PET PRODUCTS will only knowingly provide the AFFILIATE Program to parties that can lawfully enter into and form contracts under applicable law.

C. Contact Information.You must provide DIG IT PET PRODUCTS with accurate and complete contact, taxpayer information and payment information when you open an Account. You must immediately notify DIG IT PET PRODUCTS if any of your contact or payment information changes. If you do not provide DIG IT PET PRODUCTS with complete, accurate, and updated contact information, you may not be eligible to receive commissions based on your participation in the AFFILIATE Program.

D. Approval. DIG IT PET PRODUCTS reserves the right to approve an application to become a DIG IT PET PRODUCTS AFFILIATE at its sole discretion. DIG IT PET PRODUCTS may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program.

Unsuitable sites include, but are not limited to, those that:

• Promote sexually explicit materials

• Promote violence

• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

• Promote illegal activities

• Include DIG IT PET PRODUCTS (or any other trademark of DIG IT PET PRODUCTS or its affiliates, or variations or misspellings of any of them, in their URLs to the left of the top-level domain name (e.g., ".com", ".net", ".uk", etc.) -- for example, a URL such as " DIG IT PET PRODUCTS.mydomain.com", " DIG IT PET PRODUCTS pet.com" or " DIG IT PET PRODUCTS petauctions.net" would be unsuitable

• Otherwise violate intellectual property rights.

• Represent pet ownership or pet purchasing in a manner detrimental to the pet or the pet owner. This includes "puppy mills" and sites that promote harsh or cruel methods of training.

• Any other site that DIG IT PET PRODUCTS determines unsuitable at its sole discretion.

By participating in the Program AFFILIATE agrees that they will not engage in any such activities. AFFILIATE should also note that if DIG IT PET PRODUCTS accepts your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, DIG IT PET PRODUCTS may terminate this Agreement.

This approval will be done in writing; without such approval there will not be a Agreement of any nature whatsoever between DIG IT PET PRODUCTS and the party applying to become a DIG IT PET PRODUCTS AFFILIATE or become part of the AFFILIATE PROGRAM. DIG IT PET PRODUCTS reserves the right to change or terminate the AFFILIATE PROGRAM and/ or alter the terms and conditions of this Agreement at any time without notice and with immediate effect. Note that THE AFFILIATE PROGRAM IS FOR COMMERCIAL USE ONLY AND MAY NOT BE USED TO PURCHASE PRODUCTS FOR USE OF THE AFFILIATE ITSELF.

E. CONDITIONS OF USE

It is understood that as an AFFILIATE of DIG IT PET PRODUCTS you are an independent entity. You, as an AFFILIATE, are not employed by and do not represent DIG IT PET PRODUCTS in any capacity either directly or indirectly other than as an AFFILIATE. You, as an AFFILIATE, cannot advertise yourself as part of DIG IT PET PRODUCTS other than placing a banner on your website. All orders received by DIG IT PET PRODUCTS from AFFILIATES must come directly as a result of someone clicking on the DIG IT PET PRODUCTS AFFILIATE banners on the affiliate website. Commissions will not be paid on orders directed to DIG IT PET PRODUCTS in any other manner or by any other means.

II. ACCOUNT PASSWORD AND SECURITY

The AFFILIATE must choose a password, and an account name will be assigned. The AFFILIATE will be solely and exclusively responsible for keeping their password and account information confidential, and all usage of their password and Account, including, without limitation, any use by any third party. Furthermore, the AFFILIATE is entirely responsible for any and all activities that occur under its account. You must notify DIG IT PET PRODUCTS immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify DIG IT PET PRODUCTS immediately if you become aware of any other breach or attempted breach of the security of your Account or the DIG IT PET PRODUCTS Service. DIG IT PET PRODUCTS will not be held liable to any third party claims and/ or actions taken with respect to services offered.

III. AFFILIATE IDENTIFICATION

A. Logo. DIG IT PET PRODUCTS will provide you with a small graphic image that identifies you as a DIG IT PET PRODUCTS AFFILIATE Program participant. AFFILIATE must display this logo or the phrase "In affiliation with DIG IT PET PRODUCTS" somewhere on AFFILIATE'S website. DIG IT PET PRODUCTS may modify the text or graphic image of this notice from time to time. In addition, DIG IT PET PRODUCTS encourages (but does not require) AFFILIATE to include a Special Link on your website to the DIG IT PET PRODUCTS home page.

B. All other Communications. Except as provided for in the AFFILIATE Guidelines, you may not make any press release with respect to this Agreement or your participation in the AFFILIATE Program without DIG IT PET PRODUCTS' prior written consent, which may be given or withheld in its sole discretion.

IV. REVOCATION OF AFFILIATE STATUS

Your AFFILIATE application and status in the program will be suspended or terminated for any of the following reasons:

• Inappropriate advertisements (False claims, misleading hyperlinks)

• Spamming (mass email, mass newsgroup posting, etc.)

• Advertising on sites containing/promoting illegal activities

• Violation of intellectual property rights.

• In addition, any AFFILIATE'S website which was altered or changed after the application process was approved and contains any of the application rejection criteria specified in Section I, Part D.

V. TERMINATION OF ACCOUNT BY AFFILIATE

The AFFILIATE is free to terminate this Agreement at any stage by removing all code supplied by DIG IT PET PRODUCTS from their site and notifying DIG IT PET PRODUCTS in writing that they wish to terminate their status as a DIG IT PET PRODUCTS AFFILIATE. Upon cancellation, DIG IT PET PRODUCTS will pay all amounts owed to the AFFILIATE, as long as such amounts have been cleared by adhering to the conditions as set out in this Agreement.

Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your web site, all links to the DIG IT PET PRODUCTS Web Site, product images from the DIG IT PET PRODUCTS database, all DIG IT PET PRODUCTS trademarks, trade dress and logos, all Special Links, and all other materials provided by or on behalf of DIG IT PET PRODUCTS to you pursuant hereto or in connection with the AFFILIATE Program.

VI. APPOINTMENT AS NON-EXCLUSIVE AGENT

Subject to the terms and conditions of this Service Agreement and United States Law, DIG IT PET PRODUCTS grants the AFFILIATE an individual, personal, non-sub licensable, non-exclusive and non-transferable license ("the License") to market its products in a way, which DIG IT PET PRODUCTS approves and prescribes.

VI. DIG IT PET PRODUCTS LICENSING TO AFFILIATE OF IMAGES, LOGOS AND LINKS

DIG IT PET PRODUCTS grants AFFILIATE a limited nonexclusive, nontransferable, revocable right to use the graphic images and text provided to AFFILIATE by DIG IT PET PRODUCTS, for use on AFFILIATE'S website solely for the purpose of identifying AFFILIATE'S website as an AFFILIATE Program participant and to assist in generating Commissions. In addition, DIG IT PET PRODUCTS grants AFFILIATE a limited, nontransferable, nonexclusive, worldwide right to reproduce and use all graphic images and other materials provided to AFFILIATE, solely for the purpose of creating Special Links connecting AFFILIATE'S website to the DIG IT PET PRODUCTS website and promoting the sale of products on the DIG IT PET PRODUCTS website. All product images must be served by the DIG IT PET PRODUCTS website and cannot be used in any form other than the form provided by DIG IT PET PRODUCTS. AFFILIATE may not modify the graphic images or text, or any other of the DIG IT PET PRODUCTS images, in any way. DIG IT PET PRODUCTS may revoke AFFILIATE'S license at any time by giving AFFILIATE written notice. DIG IT PET PRODUCTS reserves all of its rights in the graphic images, text, any other images, DIG IT PET PRODUCTS trade names and trademarks, and all other intellectual property rights. Any and all rights in and to DIG IT PET PRODUCTS intellectual property shall inure to the benefit of DIG IT PET PRODUCTS.

VII. ADVERTISING MATERIAL AND CODE

DIG IT PET PRODUCTS WILL PROVIDE THE IMAGES, TEXT AND ANY OTHER MATERIAL WHICH IS TO BE USED TO DIRECT POTENTIAL TRANSLATIONS/BUYERS TO DIG IT PET PRODUCTS'S WEBSITE. DIG IT PET PRODUCTS will provide the full banner code and tracking code to the AFFILIATE and may update the code at any stage. It is the responsibility of the AFFILIATE to test the code. The AFFILIATE must use the Image and Text Links in accordance with the terms and conditions in this Agreement and not alter them in any manner. These Links will include, without limitation, one or more of the following types of links to the DIG IT PET PRODUCTS website:

(a) Portal Page Links

(b) Category Links

(c) Search Results Link

(d) Banner Links

(e) General Link To DIG IT PET PRODUCTS Home Page

(f) Product Links

g) Participating Shops

VIII. CUSTOMERS PURCHASING VIA THE DIG IT PET PRODUCTS AFFILIATE PROGRAM

A. Order Processing and Reporting. DIG IT PET PRODUCTS will process all product orders placed by customers who follow Image and Text Links to the DIG IT PET PRODUCTS website ("Customers"). DIG IT PET PRODUCTS reserves the right to reject orders that do not comply with any requirements that DIG IT PET PRODUCTS has and may periodically establish. DIG IT PET PRODUCTS will be responsible for all aspects of order processing and fulfillment. Among other things, DIG IT PET PRODUCTS will prepare order forms, process payments and handle customer service. DIG IT PET PRODUCTS will track sales made to Customers who purchase products using Image and Text Links from AFFILIATE'S website to the DIG IT PET PRODUCTS website and will make available to AFFILIATE reports summarizing sales activity. DIG IT PET PRODUCTS will use commercially reasonable efforts to present accurate information in the reports, but DIG IT PET PRODUCTS cannot guarantee the accuracy of the reports.

B. Customers. Customers who buy products through the AFFILIATE Program will be deemed to be customers of DIG IT PET PRODUCTS. Accordingly, all of the DIG IT PET PRODUCTS rules, policies, and operating procedures concerning customer orders, customer service and product sales will apply to those Customers. DIG IT PET PRODUCTS may change the DIG IT PET PRODUCTS policies and operating procedures at any time. Product prices and availability may vary from time to time, and such price changes may affect products that you already have listed on your website. DIG IT PET PRODUCTS will use commercially reasonable efforts to present accurate information, but DIG IT PET PRODUCTS cannot guarantee the availability or price of any particular product.

IX. AFFILIATE PRIVACY

It is DIG IT PET PRODUCTS' policy to respect the privacy of the AFFILIATE. DIG IT PET PRODUCTS will not monitor, edit, or disclose any personal information about the AFFILIATE or the AFFILIATE'S DIG IT PET PRODUCTS account, including its contents, without the AFFILIATE'S prior permission unless DIG IT PET PRODUCTS has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of DIG IT PET PRODUCTS; (3) enforce this Agreement or protect DIG IT PET PRODUCTS' business or reputation, including without limitation upon termination, cancellation or suspension of this Agreement by DIG IT PET PRODUCTS; (4) respond to request for identification in connection with claim of copyright or trademark infringement by the AFFILIATE or a claim by a third party that the AFFILIATE is using the Service in connection with an infringing, illegal or improper activity; or (5) act to protect the interests of the AFFILIATE or others. DIG IT PET PRODUCTS' service transmits the Sender's name (From field) and/or e-mail address with each message that you send. For more information, see DIG IT PET PRODUCTS' Privacy Policy. The AFFILIATE agrees that DIG IT PET PRODUCTS may access its account, including its contents, as stated above or to respond to service or technical issues. DIG IT PET PRODUCTS reserves the right to send the AFFILIATE e-mail messages with regard to updates, account status, product information and any other information it may deem necessary for this Agreement to function properly as defined by DIG IT PET PRODUCTS.

X. DIG IT PET PRODUCTS TRACKING

DIG IT PET PRODUCTS may elect to use any or all methods available, which at any particular time may be deemed by DIG IT PET PRODUCTS to be the most accurate, to track the links from the AFFILIATE'S site to DIG IT PET PRODUCTS' website and the final purchases. This includes but is not limited to the use of cookies. When anyone clicks through your AFFILIATE link, a cookie is set in his or her browser that contains your AFFILIATE username. Also, their IP address is tracked in the database along with your AFFILIATE name. When this person decides to buy a product, the script will look for this cookie and/or try to match their IP address to identify the AFFILIATE who will be awarded the commission. Visitors sent through your AFFILIATE link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser and/or the are using the same IP address as the one logged in the database.

Only transactions, which are explicitly tracked by DIG IT PET PRODUCTS and are deemed by DIG IT PET PRODUCTS to have taken place as a direct result of the AFFILIATE having advertised DIG IT PET PRODUCTS' website, services or products on the AFFILIATE'S site, will bear commission. Such commissions will be payable to the AFFILIATE for a maximum of 12months after any third party has been directed to DIG IT PET PRODUCTS' site by the AFFILIATE, in any manner which is solicited by this Agreement.

Also note that DIG IT PET PRODUCTS' current product list may change, whereupon products might be terminated or migrated over time.

XI. PAYMENTS TO AFFILIATE

DIG IT PET PRODUCTS will automatically track all transactions in a prescribed manner that will record the transactions that take place as a result of advertising from the AFFILIATE'S website. For each transaction logged as a result of such advertising, 10% of the sales price of DIG IT PET PRODUCTS in this Agreement will be deemed to be payable to the AFFILIATE and will be shown on the AFFILIATE'S account. The monetary value of such commission will only be transferable to the AFFILIATE quarterly after the transaction by a third party has taken place and returns of eligible products are no longer available. This is for the protection of DIG IT PET PRODUCTS. All transactions (purchases from DIG IT PET PRODUCTS by a third party) that are voided for any reason whatsoever and as a result are deemed to be reversed will not bear any commission to the AFFILIATE whatsoever. In the event of transactions being partly reversed, the component of such transactions that are not reversed, excluding all costs incurred by DIG IT PET PRODUCTS (if any) to reverse or partly reverse the transaction, will still bear commission for the AFFILIATE.

DIG IT PET PRODUCTS will pay AFFILIATE by a check the amount that is owed to the AFFILIATE by DIG IT PET PRODUCTS, as long as a minimum amount of $100.00 or more, as specified and verified by the AFFILIATE'S sales is reached.

(a) Tax Information. In order to receive your Commissions AFFILIATE must provide their taxpayer information to DIG IT PET PRODUCTS as required by the IRS. If DIG IT PET PRODUCTS does not have AFFILIATE'S current taxpayer information on file for a particular year, payments due to AFFILIATE under this Agreement will not be made until December 31st of such year, and all of such payments will be subject to a 30% backup withholding which will be submitted to the IRS.

(b) Payment Terms. DIG IT PET PRODUCTS will pay AFFILIATE Commissions on a monthly basis. Within 90 days following the end of each calendar month, DIG IT PET PRODUCTS will send AFFILIATE a check for the Commissions earned for the relevant month. However, if the Commissions payable to AFFILIATE for any month are less than $25.00, DIG IT PET PRODUCTS will hold AFFILIATE 's Commissions until the total amount due is at least $100.00 or until this Agreement is terminated.

(c) Processing Fees. If DIG IT PET PRODUCTS owes AFFILIATE accrued Commissions that are less than $25.00 for at least 365 days, then DIG IT PET PRODUCTS may send AFFILIATE payment of such accrued Commissions minus a $5 processing fee. If the amount of accrued Commissions is under $5 for at least 365 days, such amount will be used to cover DIG IT PET PRODUCTS' administrative costs and no payment will be made to AFFILIATE.

(d) Termination Fees. If AFFILIATE or DIG IT PET PRODUCTS terminates AFFILIATE 'S Account, and AFFILIATE has less than $25 in accrued but unpaid Commissions then outstanding, DIG IT PET PRODUCTS may charge AFFILIATE a $5 processing fee when sending the final payment to cover its administrative costs.

XII. MODIFICATION OF TERMS; TERMINATION, CANCELLATION, AND SUSPENSION BY DIG IT PET PRODUCTS

A. Modification of Terms. DIG IT PET PRODUCTS frequently updates, modifies, and otherwise continually seeks to improve the DIG IT PET PRODUCTS services and products. Such changes often dictate that we simultaneously modify our Terms and Conditions of Use. As such, DIG IT PET PRODUCTS shall have the right to modify the terms of this Agreement and to change or discontinue any aspect or feature of the DIG IT PET PRODUCTS service, in either case, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion. Any use by the AFFILIATE of the AFFILIATE PROGRAM after any such change has been posted shall constitute the acceptance of any such changes. If the AFFILIATE does not agree with any such changes, the AFFILIATE PROGRAM may be canceled in accordance with the procedures for cancellation set forth in this Agreement. The AFFILIATE acknowledges its responsibility to review this Agreement from time to time and to be aware of any such changes.

B. Termination, Cancellation and/or Suspension by DIG IT PET PRODUCTS; Disclosure of Information. This Agreement and the license granted hereunder may be terminated, cancelled and/or suspended by DIG IT PET PRODUCTS at any time if, in DIG IT PET PRODUCTS' sole discretion, the AFFILIATE breaches these Terms of Service. Such termination, cancellation and/or suspension by DIG IT PET PRODUCTS shall be effective immediately upon notification by DIG IT PET PRODUCTS to the AFFILIATE in any reasonable manner, including but not limited to, notification by e-mail upon, during, and/or after any such breach.

C. Complaints about AFFILIATE. In the event that DIG IT PET PRODUCTS receives complaints from recipients or third parties with respect to the use of the AFFILIATE PROGRAM, DIG IT PET PRODUCTS additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other party with regard to its clients and application AFFILIATES.

D. Termination or Cancellation by the AFFILIATE. The AFFILIATE is free to terminate or cancel this Agreement at any time, in accordance with Section V of this Agreement.

Upon the termination of this Agreement for any reason, AFFILIATE will immediately cease use of, and remove from AFFILIATE'S website, all links to the DIG IT PET PRODUCTS website, product images from the DIG IT PET PRODUCTS database, all DIG IT PET PRODUCTS trademarks, trade dress and logos, all Links, and all other materials provided by or on behalf of DIG IT PET PRODUCTS to AFFILIATE pursuant hereto or in connection with the AFFILIATE Program.

XIII. WARRANTIES OR LIABILITIES

A. DIG IT PET PRODUCTS WEBSITE

DIG IT PET PRODUCTS will not be liable for indirect or accidental damages (loss of revenue, commissions) due to AFFILIATE tracking failures, loss of database files, and any results of "intents of harm" to the program or our website. DIG IT PET PRODUCTS makes no claim that the operation of the AFFILIATE program and our website will be error-free and DIG IT PET PRODUCTS will not be liable for any interruptions or errors.

THE AFFILIATE EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE AND THE INTERNET GENERALLY IS AT ITS OWN RISK AND THAT THE DIG IT PET PRODUCTS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. DIG IT PET PRODUCTS WILL USE COMMERCIALLY REASONABLE EFFORTS TO MAKE ACCESS TO DIG IT PET PRODUCTS'S WEBSITE AVAILABLE TO THE AFFILIATE AND THIRD PARTIES THROUGH THE REQUIRED ACCESS PROTOCOLS, BUT MAKES NO WARRANTY OR GUARANTEE THAT THE AFFILIATE WILL BE ABLE TO ACCESS DIG IT PET PRODUCTS AT ANY PARTICULAR TIME OR ANY PARTICULAR LOCATION.

B. ADDITIONAL LIMITATIONS

Without limiting the generality of the terms set forth in this Agreement, DIG IT PET PRODUCTS and its AFFILIATES, agents, content providers, service providers, and licensors:

(i) HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, NONINFRINGEMENT, MERCHANTABLIITY OR FITNESS FOR PARTICULAR PURPOSE OF DIG IT PET PRODUCTS GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN, AS WELL AS ALL EXPRESS AND IMPLIED WARRANTIES THAT THE OPERATION OF DIG IT PET PRODUCTS GENERALLY AND ANY CONTENT OR SERVICES CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE;

(ii) SHALL IN NO EVENT BE LIABLE TO THE AFFILIATE OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY FAILURES, DELAYS OR INTERRUPTIONS OF THE SERVICE GENERALLY, AND ANY ASPECT ANCILLARY THERETO; (THE AFFILIATE AGREES TO INDEMNIFY DIG IT PET PRODUCTS PURSUANT TO THIS AGREEMENT HEREOF FOR ANY AND ALL THIRD PARTY CLAIMS ARISING FROM SUCH FAILURES, DELAYS OR INTERRUPTIONS IN CONNECTION WITH REGARD TO USE OF THE SERVICE); WITHOUT IN ANY WAY LIMITING THE FOREGOING, DIG IT PET PRODUCTS SHALL IN NO EVENT HAVE (IN THE AGGREGATE) ANY LIABILITY WHATSOEVER IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF AN AMOUNT EQUAL TO TWO TIMES THE LOWEST MONTHLY TRANSACTION FEE APPLICABLE TO SUCH ACCOUNT AND /OR CLAIM IN EFFECT FOR THE MONTHLY PERIOD IMMEDIATELY PRECEDING THE DATE OF THE FIRST CLAIM MADE BY THE AFFILIATE AND/OR THE AFFILIATE ALLEGING LIABILITY.

XIV. THIRD PARTY BENEFICIARIES

Notwithstanding anything to the contrary contained herein, the provisions for "No Warranties and Liabilities" set forth herein are for the benefit of DIG IT PET PRODUCTS and its AFFILIATES, agents, content providers and service providers and each shall have the right to assert and enforce such provisions directly on its own behalf.

XV. INDEMNIFICATION

As you are bound by the Terms of Service in using the AFFILIATE Program, you must indemnify, defend and hold DIG IT PET PRODUCTS harmless for any claim arising out of, relating to, or connected with your alleged breach of the Terms of Service in using the AFFILIATE Program in accordance with the Terms of Service. You must also indemnify, defend, and hold DIG IT PET PRODUCTS harmless based on any claim alleging facts that, if true, would constitute a breach of this Agreement. You also agree that covered claims under this indemnity obligation shall include, without limitation (a) any claim that DIG IT PET PRODUCTS' use of any images provided via your website infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party; and/or (b) any claim related to your website, including, without limitation, content therein not attributable to DIG IT PET PRODUCTS. DIG IT PET PRODUCTS may withhold any Commissions that it owes you if you have to indemnify DIG IT PET PRODUCTS.

XVI. MISCELLANEOUS

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Service Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Service Agreement will otherwise remain in full force and effect and enforceable. In this Agreement, any reference to the singular includes the plural and vice versa, any reference to natural persons includes legal persons and vice versa and any reference to a gender includes the other genders. This Agreement shall be governed by and construed and interpreted in accordance with the laws of California and the United States.

No agency, partnership, joint venture, or employment is created as a result of this Service Agreement and the AFFILIATE does not have any authority of any kind to bind DIG IT PET PRODUCTS in any respect whatsoever. In any action or proceeding to enforce rights under this Service Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Service Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

These Terms and Conditions constitute the whole Agreement between DIG IT PET PRODUCTS and the AFFILIATE and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein, or not recorded within any amendments added to this Agreement to which the AFFILIATE has been concurrently notified in writing.

By submitting your application form to become a DIG IT PET PRODUCTS AFFILIATE, you acknowledge that you have read the Terms and Conditions, understand, and agree with them.