GENERAL CONDITIONS – AFFILIATE PROGRAMME
MAIKAI Pets is a registered trademark of Mili Regdan International S.L.
As an ambassador or authorised partner (affiliate) of MAIKAI Pets, you agree to comply with the terms and conditions contained in this agreement (agreement). Read the entire agreement carefully before registering and promoting MAIKAI Pets as an ambassador/affiliate.
Your participation in the Ambassadors and Affiliates program (the program) is exclusively to legally advertise and promote our website (ecommerce) to receive a commission on MAIKAI Pets products purchased by individuals referred from your own website, personal referrals or social networks.
By subscribing to the MAIKAI Pets Ambassadors and Affiliates programme, you are indicating your acceptance of this agreement and its terms and conditions.
In the context of these contractual conditions, the following terms are defined as follows:
- Ambassadors and Affiliates: natural or legal persons who apply and are accepted as members of the MAIKAI Pets affiliate programme.
- Affiliate network: network consisting of all members of the MAIKAI Pets affiliate programme.
- Affiliate programme: is the set of services offered by MAIKAI Pets to its affiliates, which allows them to benefit financially.
- Support: website(s) that the affiliate will use to carry out its activity promoting MAIKAI Pets products.
- URL, unique link or qualified link: is a link or link from an affiliate’s website to the MAIKAI Pets website, which uniquely identifies the support for the correct measurement of visits and contracts referenced by the affiliate.
- Click: is the action of clicking on a link.
- Session: is the time that elapses since a user enters https://maikaipets.com/ through an affiliate link. The session ends when the user returns to https://maikaipets.com/ via another link or when the expiration period of the qualified link from the affiliate’s website expires.
- Contract: agreement between MAIKAI Pets and affiliate, defined in these contractual conditions.
Requirements for joining the programme
Any person, company or organisation that meets the following requirements may apply to join the programme and become a member:
- The applicant must be a natural person over 18 years of age or a legally constituted legal entity (through the natural person who has the legal capacity to represent it), with full capacity to contract.
- The applicant must own or have rights to the media to be used for affiliate activity, or be expressly authorised by the owners of the website(s) for this purpose.
- The natural or legal person shall issue an invoice for the amount of the commissions, in arrears, which shall be paid 30 days after the invoice date, with payment due on the 30th of each month.
- The applicant must have read, understood and assumed all the rights and obligations defined in these conditions.
All eligible applicants can register through the maikaipets.com website, in the MAIKAI Pets affiliate area. It is a prerequisite that the applicant has a bank account in order to be able to receive the commission payments derived from his affiliate activity.
MAIKAI Pets will make payments via bank transfer or PayPal and will not be responsible for or make payment via other channels if an affiliate is unable to receive a payment because they do not have a bank account. The applicant must provide all the details requested in the affiliate account creation form, ensure that all such details are accurate and keep them correctly updated at all times.
In the process of creating the account, the affiliate will indicate a user name, then receive an email with their generated password (which can be changed later from the “Ambassadors and Affiliates – Dashboard” section), and finally they will have to register in the affiliate area with a user. With these two parts, you will have access to the “Ambassadors and Affiliates – Dashboard” area by fulfilling the above mentioned requirements.
Conditions for joining the Programme
The application to join the Ambassadors and Affiliates programme is completely free of charge.
Acceptance of the application to join the Affiliate Programme means that as an Ambassador or Affiliate you accept the terms and conditions and agreements to be governed by it.
MAIKAI Pets reserves the right to refuse or cancel the registration to the programme to any applicant or member who does not meet the necessary requirements described in the conditions of the programme. It also reserves the right to refuse or cancel registration in cases where it considers the applicant’s profile, conduct or support to be unsuitable for membership of the affiliate programme.
Nothing in these terms and conditions shall create, or be construed to create, a partnership or employment relationship between the parties to the contract, which are MAIKAI Pets and the member. This will not give rise to any legal recourse against us for the rejection of your application.
In the event that, for any reason, the affiliate needs to make an investment in order to be able to develop its activity in the context of this programme, this investment shall be the sole responsibility of the affiliate. That is to say, if for example you need to make an investment to improve your website or to use marketing tools, this investment is your responsibility alone.
Fees and payments
In the event of a purchase of MAIKAI Pets products through the qualified link included in the affiliate’s media, MAIKAI Pets will pay the affiliate a fee in the amount of 10% of the direct sales price of the product excluding taxes. If a discount or special promotion is applied to this price, the fee percentage will still be calculated on the price of the payment made by the referrer. The affiliate will only earn commission on the sale of MAIKAI Pets products. In any case, commission percentages will not be calculated for shipping costs, only for the products sold.
MAIKAI Pets reserves the right to change the amounts of these fees at any time.
The commission percentage for the affiliate may be increased if their activity is clearly beneficial to the reputation of MAIKAI Pets and/or reports a significant volume of product sales.
In the event that MAIKAI Pets decides to reduce the percentage of these commissions, the affiliate will be duly informed via the email address provided during registration in the affiliate programme. In this case, the new fee amounts shall be applied after such notice, but not before it.
Commissions will only be paid for transactions that have been successfully completed and after the 30-day return period set by the buyer from the date of purchase has elapsed. No fees are payable on transactions giving rise to returns or refunds.
An affiliate will not receive commission on purchases made by itself, and will not receive a commission on its own accounts. Affiliates will only receive commissions for orders that come directly from your affiliate link, no subsequent purchases from customers who initially came from your link will be paid.
The commissions generated by the affiliate can be reclaimed by the affiliate when they reach a total of 30 Euros (including taxes). The affiliate shall provide the corresponding invoice for this purpose, which must meet the requirements of the applicable legislation. Only natural and legal persons who meet the legal requirements for invoicing may become members.
Every commission you earn will be credited to your MAIKAI Pets affiliate account. You can request payment of the credit to your account when you have reached the minimum commission of 30€ and for purchases that have gone 30 days without being reimbursed. To request it you will have to manage it from your affiliate control panel and request the withdrawal. Remember that you must upload an invoice with the correct details so that we can proceed with the payment.
If you are not a freelancer, company or simply prefer, we can generate a voucher for you to buy at MAIKAI Pets for the value of the commission to be withdrawn.
Your commissions do not expire and will be held until we receive a payment request from you.
After validation by MAIKAI Pets, payment of the invoice will be made by bank transfer or transfer through the PayPal service, on the 15th day of the month following the month in which the Affiliate issues the invoice.
As an affiliate you are responsible for the declaration of all income and the payment of all fees to the state, levied on income received from MAIKAI Pets.
Validity and resolution
The terms and conditions of this Agreement shall be effective from the time you become an Affiliate and obtain your unique URL, link or qualified link.
Either party may terminate this contract with 5 days’ notice, and the affiliate must, once the contract has been terminated, remove any link or link to MAIKAI Pets from its support/s.
MAIKAI Pets, for its part, shall settle all outstanding payments, thus terminating any contractual obligation, without having any further claims under the contract, provided that 30 days have elapsed since the last purchase was made from your link.
Loss of Ambassadorial or Affiliate status
Your application for membership and status in the programme may be suspended or terminated for any of the following reasons:
- Each user is entitled to use only one registered account, and it is strictly forbidden for the same person to register under several names/email addresses in order to create a network of affiliates and earn fees on all their accounts. This will result in the loss of membership on all accounts.
- Failure to comply with any of the conditions stipulated in this contract.
- Unauthorised manipulation of the MAIKAI Pets website.
- Use of MAIKAI Pets’ identification elements in the affiliate’s advertising mailings via the Internet such as newsletters, e-mail, or other advertising media such as post, advertisements, brochures, letters, among others, without prior authorisation from the company.
- Use of the MAIKAI Pets trademark by the Affiliate for the purpose of creating the appearance of a business association beyond the mere agreement entered into herein.
- Use by the affiliate of unauthorised spamming techniques. In these cases, the responsibility derived from non-compliance with Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, corresponds exclusively to the affiliate, and MAIKAI Pets does not authorise any type of commercial communication by illicit electronic means.
- The conclusion of operations or transactions by illicit or fraudulent means.
- Any other conduct by which the affiliate creates the false belief among users that it has a commercial relationship other than that regulated in these conditions and that it is limited exclusively to the mere provision of affiliate services for MAIKAI Pets or that different service or contract conditions are being offered than those offered by MAIKAI Pets at that particular moment.
- Failure to comply with the conditions and time limits established by MAIKAI Pets explicitly for the promotion of certain special promotions.
- Inactivity on the part of the affiliate for 90 or more calendar days, where inactivity is understood to mean not obtaining any sales from referrals by the affiliate, except in cases where the affiliate obtains constant economic benefit from its created network.
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Advertising on sites containing or promoting illegal activities.
- Infringement of intellectual property rights. MAIKAI Pets reserves the right to require licensing agreements from those using MAIKAI Pets trademarks in order to protect our intellectual property rights.
- Offer discounts, coupons, or other forms of bribes promised from your affiliate commission as an incentive. (Addition of bonuses or bundling of other products with MAIKAI Pets)
- Self-referrals, fraudulent transactions, suspected affiliate fraud.
In addition to the foregoing, MAIKAI Pets reserves the right to delete any affiliate account at any time and for any violation of this agreement or any reason whatsoever.
Commitments of the affiliate
The affiliate undertakes to comply with this contract and all the clauses described in it, from the moment it confirms its registration in the affiliation programme.
It shall be the affiliate’s responsibility to update its website, its contents and the information displayed on the media it uses in the course of its activity as an affiliate.
MAIKAI Pets shall not be liable for any breach of the affiliate’s legal obligations with respect to its website or the media it uses in the course of its activity as an affiliate.
The affiliate undertakes to keep the e-mail address used to communicate with MAIKAI Pets up to date. The affiliate undertakes not to modify the links and codes made available by MAIKAI Pets for the development of the service. The member undertakes to keep his or her personal data up to date at all times.
MAIKAI Pets shall not be liable for any incident that may arise from the failure of the affiliate to update personal data, billing data and/or contact data.
Members who disagree with these changes have the exclusive right to request the termination and cancellation of this contract, without any other claims whatsoever. If the member does not inform MAIKAI Pets of these changes, the following applies within ten calendar days from the communication of the same, it shall be deemed to accept the new contracting conditions established after the modifications applied.
MAIKAI Pets declines any responsibility for problems derived from the lack of access or those inherent to the connectivity to the Internet or telecommunications networks when these have their origin in causes beyond its control or causes that could not have been foreseen by the parties or that, although foreseeable, MAIKAI Pets has made all reasonable efforts to avoid them, or that were considered as fortuitous causes or force majeure. MAIKAI Pets shall not be liable for service failures leading to data loss in the information processing system, or failures in the security system or viruses or other harmful software components in the MAIKAI Pets service.
MAIKAI Pets shall not be liable for any errors in the installation of links on the affiliate’s website or for the function specified in the links. Any type of incident detected by the affiliate that affects the normal operation of the system will be reported to MAIKAI Pets so that it can be corrected. MAIKAI Pets informs that for technical maintenance reasons, access to the application may occasionally be restricted, on the understanding that such maintenance work is necessary for the proper functioning of the service.
MAIKAI Pets is exclusive holder of all rights intellectual and industrial property rights on the various advertising media, computer programs, the software developed for the affiliate programme, and on the brands, logos, texts, creations, contents and designs that form part of the affiliate programme as a whole. You may not reproduce, distribute, transform, publicly communicate, transfer or use source codes of any of the applications, websites, developments or advertising media for purposes other than those stipulated in this contract. Therefore, MAIKAI Pets reserves the right to take action against anyone who infringes its intellectual or industrial property rights. The member shall not use any material made available for purposes other than those specified herein, unless explicit prior written permission has been obtained from MAIKAI Pets. The affiliate agrees not to use the advertising badges in any way that discredits or negatively represents MAIKAI Pets, its image or its brands.
Consequences of resolution or termination
Upon termination of this contract for any reason, the affiliate will be totally disassociated from MAIKAI Pets, and the use of logos and banners or any allusion to the brand, logos, anagrams, or any other element of industrial or intellectual property owned by MAIKAI Pets will be expressly prohibited.
MAIKAI Pets does not guarantee the continuity of the affiliate programme and may terminate it at any time by settling any outstanding payments. Each party is responsible for the content and links it includes on its website.
The data will be collected by MAIKAI Pets or by the persons in charge of data processing designated by the brand, for the purpose of managing your incorporation and permanence in the MAIKAI Pets affiliate programme. The data may also be processed to send information about our products, including by electronic means. The registration data must be truthful. In case they are false, the user will not be able to be part of the affiliate programme, MAIKAI Pets, or its appointed data processors, reserves the right to cancel the registration of anyone who fails to comply with this requirement.
The affiliate shall be liable for any damages caused to MAIKAI Pets for breach of the provisions of this contract, and in particular:
- When the misuse of the media causes damage to the image of MAIKAI Pets.
- For third party claims against MAIKAI Pets due to negligence in the use of the affiliate programme.
- In the event of any of these causes, or any other cause that implies a fraudulent use of the affiliate programme, MAIKAI Pets is authorised to withhold the amounts of commissions that would have corresponded to the affiliate.
MAIKAI Pets shall not be liable for indirect or incidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any resulting attempted damage to the program and/or our website.
In the aspects not stipulated in this contract, as well as in the interpretation and resolution of conflicts that may exist between the parties as a consequence of the same, Spanish legislation will be applicable.
In order to resolve any type of dispute that may arise as a result of the interpretation and execution of this affiliation contract, both parties shall submit to the jurisdiction and competence of the Courts and Tribunals of Madrid (Spain).
If you think you fit the profile, don’t hesitate and apply.