Sniff & Shift Affiliate and Referral Program Terms and Conditions

Sniff & Shift Affiliate and Referral Program Terms and Conditions

Effective Date: [Insert Date]
Last Updated: [Insert Date]

These Sniff & Shift Affiliate and Referral Program Terms and Conditions (“Agreement,” “Terms,” or “Affiliate Terms”) govern participation in the Sniff & Shift LLC affiliate, ambassador, referral, discount code, and promotional code program (“Program”).

By applying for the Program, receiving a unique affiliate code, using a unique affiliate code, sharing a unique affiliate code, logging into an affiliate dashboard, accepting any referral payment, or otherwise participating in the Program, you (“Affiliate,” “Referrer,” “you,” or “your”) acknowledge that you have read, understood, and agreed to be legally bound by these Terms.

Sniff & Shift LLC, also referred to as “Sniff & Shift,” “Sniff and Shift,” “Company,” “we,” “us,” or “our,” reserves the right to approve, deny, modify, suspend, or terminate any affiliate relationship, discount code, referral code, commission, payout, dashboard access, or Program participation at any time, with or without notice, to the fullest extent permitted by law.

1. Program Overview

The Sniff & Shift Affiliate and Referral Program allows approved Affiliates to share a unique promotional code with customers. Customers may use the Affiliate’s code to receive a discount on eligible purchases, and the Affiliate may be eligible to receive referral compensation on qualifying sales that are properly tracked, completed, collected, and approved by Sniff & Shift.

Participation in the Program is a privilege and not a right. Approval into the Program does not create an employment relationship, franchise relationship, partnership, agency relationship, joint venture, ownership interest, or guaranteed right to compensation.

Sniff & Shift may accept or reject any Program application for any reason or no reason. Sniff & Shift may also limit participation based on brand fit, business needs, customer experience, legal compliance, suspected misuse, or any other reason determined by the Company in its sole discretion.

2. Customer Discount

Unless otherwise modified by Sniff & Shift in writing, an approved Affiliate’s promotional code may provide customers with twenty-five percent (25%) off their first eligible one-time purchase through the Sniff & Shift online store.

The customer discount:

  1. Applies only to eligible products and orders as determined by Sniff & Shift.

  2. Applies to one-time purchases unless Sniff & Shift expressly allows otherwise.

  3. Does not combine with subscription discounts unless expressly permitted by Sniff & Shift.

  4. May combine with shipping discounts, such as free shipping thresholds, if active and permitted by the website at checkout.

  5. Does not apply to sales tax, shipping, fees, gift cards, prior purchases, refunded orders, cancelled orders, wholesale orders, custom orders, subscription renewals, or excluded products unless otherwise permitted by Sniff & Shift.

  6. May be modified, paused, limited, or discontinued at any time.

Sniff & Shift is not responsible for customer error, expired codes, checkout issues, discount stacking limitations, platform issues, or a customer’s failure to apply a code at checkout. Sniff & Shift may, but is not required to, manually adjust an order, apply a discount after purchase, or credit an Affiliate for an order where the code was not properly used at checkout.

3. Affiliate Referral Compensation

Subject to these Terms, approved Affiliates may be eligible to earn referral compensation on qualifying purchases made by customers who use the Affiliate’s approved code.

Unless otherwise modified by Sniff & Shift in writing, the standard referral compensation structure is:

  1. Initial Qualifying Purchase: Affiliate may earn twenty-five percent (25%) of Net Collected Product Revenue from the referred customer’s first qualifying purchase using the Affiliate’s unique code.

  2. Subsequent Qualifying Purchases: Affiliate may earn fifteen percent (15%) of Net Collected Product Revenue from qualifying future purchases attributed to that same referred customer, only to the extent those purchases are properly tracked, collected, eligible, and approved by Sniff & Shift.

Referral compensation is not guaranteed. All commissions are subject to review, approval, reversal, adjustment, withholding, offset, cancellation, or denial by Sniff & Shift.

Sniff & Shift’s internal records, website data, affiliate dashboard, payment records, and order records shall control for purposes of determining whether a sale is eligible, tracked, collected, and payable.

4. Definition of Net Collected Product Revenue

“Net Collected Product Revenue” means the final amount actually received and retained by Sniff & Shift for eligible product purchases, after discounts have been applied and excluding all non-product amounts, refunds, reversals, and deductions.

Net Collected Product Revenue excludes, without limitation:

  1. Shipping charges.

  2. Sales tax.

  3. Duties, tariffs, customs fees, or similar charges.

  4. Gift cards.

  5. Tips, donations, or optional fees.

  6. Wholesale orders.

  7. Subscription discounts unless expressly approved by Sniff & Shift.

  8. Refunded, cancelled, returned, disputed, charged back, declined, fraudulent, or partially refunded orders.

  9. Orders that are not fully paid.

  10. Orders placed in violation of these Terms.

  11. Orders that Sniff & Shift determines were self-referrals, fraudulent, misleading, spam-driven, or otherwise improper.

  12. Any payment processing fees, platform fees, chargeback fees, or administrative costs Sniff & Shift chooses to deduct or exclude.

For clarity, referral compensation is calculated on the eligible product amount actually retained by Sniff & Shift after the customer’s discount has been applied, and before shipping and tax.

5. Qualifying Sales

A sale is considered a “Qualifying Sale” only if all of the following conditions are met:

  1. The customer uses the Affiliate’s approved code at checkout, or the sale is otherwise properly tracked and approved by Sniff & Shift.

  2. The order is completed through an approved Sniff & Shift sales channel.

  3. Payment is successfully collected and retained by Sniff & Shift.

  4. The order is not cancelled, refunded, returned, charged back, disputed, or flagged for fraud.

  5. The order complies with all Program rules, website terms, discount rules, and applicable laws.

  6. The Affiliate complied with these Terms in connection with the referral.

  7. Sniff & Shift determines, in its sole discretion, that the sale is eligible for referral compensation.

Sniff & Shift may deny commission for any order that does not meet these requirements.

6. Non-Qualifying Sales

No referral compensation will be owed on:

  1. Self-referrals.

  2. Purchases made by the Affiliate using their own code.

  3. Purchases made by the Affiliate’s household, business, employees, contractors, or related accounts if Sniff & Shift believes the purchase was made primarily to generate commission.

  4. Orders where the code was posted to coupon websites, deal websites, discount code aggregators, browser extensions, or unauthorized promotional platforms.

  5. Orders generated by paid search ads, paid social ads, boosted posts, or sponsored ads using Sniff & Shift’s name, trademarks, product names, slogans, images, or confusingly similar terms without written approval.

  6. Orders generated through spam, mass messaging, misleading claims, fake reviews, fake accounts, bots, or automated traffic.

  7. Orders generated through illegal, deceptive, offensive, harassing, defamatory, adult, violent, discriminatory, or brand-damaging content.

  8. Orders placed before the Affiliate was approved for the Program.

  9. Orders where tracking fails, cookies expire, customer data is unavailable, or attribution cannot be verified.

  10. Orders Sniff & Shift determines were not genuinely referred by the Affiliate.

  11. Orders otherwise deemed ineligible by Sniff & Shift.

7. Affiliate Dashboard and Automated Notifications

Approved Affiliates may receive access to an affiliate dashboard where they can view referral activity, code usage, anticipated commissions, estimated payout timing, customer attribution, and related Program information.

The dashboard is provided for convenience only. Dashboard information may be delayed, incomplete, estimated, or subject to change. Any amount shown as pending, estimated, anticipated, projected, or unpaid is not guaranteed and does not become payable unless and until Sniff & Shift reviews and approves the sale.

Automated emails, dashboard alerts, code-use notifications, anticipated payout estimates, or system-generated summaries do not create a final payment obligation. Sniff & Shift reserves the right to correct dashboard errors, reverse commissions, adjust payouts, delay payments, or deny commissions based on final order review.

8. Payment Schedule

Unless otherwise stated in writing by Sniff & Shift, approved referral compensation will be reviewed monthly.

Eligible and approved referral compensation shall generally be paid within fourteen (14) business days following the end of the applicable calendar month, provided that:

  1. The order has been completed and paid.

  2. The applicable return, refund, chargeback, and dispute review period has passed or is deemed acceptable by Sniff & Shift.

  3. The Affiliate has provided all required payment and tax information.

  4. The Affiliate remains in good standing.

  5. The commission has not been reversed, withheld, offset, or denied.

  6. The Affiliate has met any minimum payout threshold established by Sniff & Shift.

Sniff & Shift may establish or modify minimum payout thresholds at any time. If a minimum payout threshold applies, unpaid approved commissions may roll forward until the threshold is met.

9. Payment Method

Payments may be made by check, ACH, electronic transfer, PayPal, Venmo, store credit, product credit, or another method selected or approved by Sniff & Shift.

Sniff & Shift may require written payment instructions from the Affiliate before issuing payment. The Affiliate is responsible for providing accurate payment information. Sniff & Shift is not responsible for delayed, failed, misdirected, or rejected payments caused by incorrect or incomplete information provided by the Affiliate.

Product credit or store credit may be offered as a payment option, but Sniff & Shift will not issue payment in product credit unless permitted by law and accepted by the Affiliate.

Any payment processing fees, transfer fees, returned payment fees, or similar charges may be deducted from amounts owed to the Affiliate.

10. Taxes and Required Information

Affiliates are solely responsible for reporting and paying all taxes, fees, and obligations arising from referral compensation received through the Program.

Sniff & Shift may require the Affiliate to provide a completed Form W-9, legal name, mailing address, taxpayer identification number, business information, or other documentation before issuing payment. Sniff & Shift may withhold payment until all required documentation is received and verified.

If required by law, Sniff & Shift may issue tax forms, report payments to tax authorities, or apply backup withholding. Nothing in these Terms should be interpreted as tax advice.

11. Refunds, Returns, Chargebacks, and Commission Reversals

No referral compensation is owed on cancelled, refunded, returned, disputed, charged back, fraudulent, unpaid, or uncollected orders.

If a commission has already been paid on an order that is later refunded, reversed, charged back, disputed, or deemed ineligible, Sniff & Shift may deduct the amount from future payouts, request repayment, offset the amount against any other amounts owed, or take any other lawful action to recover the overpayment.

Sniff & Shift may delay payouts for any orders that are still within a refund, dispute, return, or chargeback review period.

12. Affiliate Conduct Requirements

Affiliates must act honestly, professionally, and in a manner that reflects positively on Sniff & Shift.

Affiliates shall not:

  1. Make false, exaggerated, deceptive, or misleading claims about Sniff & Shift, its products, ingredients, sourcing, safety, shelf life, benefits, pricing, discounts, shipping, availability, or policies.

  2. Make medical, veterinary, health, diagnostic, treatment, cure, or disease-related claims about any Sniff & Shift product.

  3. Suggest that Sniff & Shift products replace veterinary care, medication, prescription diets, or professional advice.

  4. Misrepresent themselves as an employee, owner, agent, officer, legal representative, distributor, or exclusive partner of Sniff & Shift.

  5. Offer unauthorized discounts, rebates, cash back, giveaways, contests, bundles, or incentives using the Sniff & Shift name.

  6. Modify Sniff & Shift product images, logos, labels, packaging, trademarks, or brand assets in a misleading or damaging way.

  7. Use Sniff & Shift’s name in domain names, social handles, paid ads, business names, marketplace listings, or accounts without written permission.

  8. Post codes on coupon sites, deal forums, discount extensions, or unauthorized third-party promotional websites.

  9. Send spam, unsolicited messages, mass DMs, automated messages, or misleading emails.

  10. Engage in fake reviews, fake testimonials, fake orders, bot traffic, click farms, or artificial engagement.

  11. Promote Sniff & Shift in connection with illegal, hateful, obscene, violent, discriminatory, political, adult, unsafe, or brand-damaging content.

  12. Resell Sniff & Shift products unless separately authorized in writing.

  13. Purchase products with their own code for the purpose of earning commission.

  14. Interfere with Sniff & Shift’s website, tracking systems, dashboard, checkout, or customer experience.

  15. Violate any applicable federal, state, local, platform, advertising, privacy, or consumer protection law.

Sniff & Shift may determine, in its sole discretion, whether Affiliate conduct violates these Terms.

13. Disclosure Requirements

Affiliates must clearly and conspicuously disclose their relationship with Sniff & Shift whenever promoting Sniff & Shift, sharing their code, reviewing products, posting content, making recommendations, or otherwise encouraging a purchase.

Disclosures must be easy to notice, easy to understand, and placed where customers will see them before or at the time they view the recommendation or promotional code.

Acceptable disclosure examples may include:

  1. “I may earn a commission if you use my code.”

  2. “Affiliate code: I earn from qualifying purchases.”

  3. “Paid affiliate partnership with Sniff & Shift.”

  4. “Use my code for 25% off your first order. I may earn a referral commission.”

Disclosures should not be hidden in a group of hashtags, buried at the bottom of a caption, placed only on a profile page, or written in vague language that customers may not understand.

Affiliates are solely responsible for complying with all advertising, endorsement, disclosure, platform, and consumer protection rules that apply to their content.

14. Brand Use and Intellectual Property

Sniff & Shift owns or controls its business name, trade names, logos, product names, designs, images, videos, graphics, website content, product descriptions, packaging, slogans, trademarks, service marks, and other brand materials.

Affiliates receive a limited, revocable, non-exclusive, non-transferable permission to use approved Sniff & Shift brand materials solely for the purpose of promoting the Program in compliance with these Terms.

Sniff & Shift may revoke this permission at any time. Upon termination or request by Sniff & Shift, Affiliate must immediately stop using Sniff & Shift’s name, logos, images, product content, discount codes, and brand materials.

Affiliates may not register, purchase, or use any domain name, website, email address, social media handle, paid ad account, business name, product listing, or online profile that includes “Sniff & Shift,” “Sniff and Shift,” confusingly similar wording, misspellings, or any Sniff & Shift product or brand name without written permission.

15. Content Created by Affiliate

By creating, posting, tagging, submitting, or sending content that features Sniff & Shift, Sniff & Shift products, Sniff & Shift packaging, Sniff & Shift events, or Sniff & Shift brand materials, Affiliate grants Sniff & Shift a worldwide, royalty-free, fully paid, transferable, sublicensable, perpetual license to use, repost, share, reproduce, display, edit, crop, modify, publish, distribute, and advertise that content in connection with Sniff & Shift’s business, marketing, website, social media, emails, advertisements, and promotional materials.

Affiliate represents that they own or have the right to share any content they provide or post, and that the content does not violate the rights of any third party.

Sniff & Shift is not required to use, credit, compensate, or obtain further approval from Affiliate for use of Affiliate content unless otherwise agreed in writing.

16. Customer Relationships

All customers referred through the Program are customers of Sniff & Shift, not customers of the Affiliate.

Sniff & Shift owns and controls all customer relationships, customer service, order fulfillment, pricing, refunds, returns, shipping decisions, product availability, email communications, customer data, and related business decisions.

Affiliates may not contact customers on behalf of Sniff & Shift, collect customer information for Sniff & Shift, make promises to customers on behalf of Sniff & Shift, or interfere with Sniff & Shift’s customer relationships unless expressly authorized in writing.

17. Privacy and Data

Affiliates must comply with all privacy, data protection, email marketing, SMS marketing, and platform rules that apply to their promotional activities.

Affiliates may not collect, store, sell, share, or misuse customer personal information in connection with the Program. Affiliates may not represent that they are collecting information on behalf of Sniff & Shift unless expressly authorized in writing.

Dashboard data, referral information, customer attribution, sales reports, payout information, and Program details are confidential and may not be publicly shared without written approval from Sniff & Shift.

18. No Guaranteed Earnings

Sniff & Shift makes no guarantee that Affiliate will earn any amount of money through the Program.

Any examples, dashboard estimates, projections, or prior payouts are not guarantees of future earnings. Earnings depend on customer activity, eligible orders, tracking, refunds, customer behavior, Program rules, and other factors.

Affiliate participates in the Program at their own expense and risk.

19. Independent Contractor Relationship

Affiliate is an independent contractor and is not an employee, partner, franchisee, joint venturer, agent, legal representative, or owner of Sniff & Shift.

Affiliate has no authority to bind Sniff & Shift, make contracts on behalf of Sniff & Shift, incur expenses on behalf of Sniff & Shift, speak on behalf of Sniff & Shift, or make promises to customers, vendors, partners, or third parties on behalf of Sniff & Shift.

Affiliate is solely responsible for their own expenses, taxes, insurance, equipment, content creation, internet access, business filings, licenses, and compliance obligations.

20. Program Changes

Sniff & Shift may modify the Program at any time, including but not limited to:

  1. Commission rates.

  2. Customer discount amounts.

  3. Eligible products.

  4. Excluded products.

  5. Attribution rules.

  6. Cookie or tracking rules.

  7. Payment schedules.

  8. Payment methods.

  9. Minimum payout thresholds.

  10. Dashboard access.

  11. Affiliate eligibility.

  12. Brand requirements.

  13. Disclosure requirements.

  14. Termination rules.

Changes may apply immediately unless otherwise stated. Continued participation in the Program after changes are posted, emailed, updated in the dashboard, or otherwise made available constitutes acceptance of the modified Terms.

21. Suspension and Termination

Sniff & Shift may suspend or terminate an Affiliate’s participation, dashboard access, code, commissions, or payouts at any time, with or without notice, for any reason or no reason, including but not limited to suspected fraud, misuse, brand misrepresentation, legal risk, policy violations, inactivity, customer complaints, platform abuse, or conduct Sniff & Shift determines is harmful to the Company.

Either party may terminate participation in the Program upon written notice.

Upon termination:

  1. Affiliate must immediately stop using and sharing the code.

  2. Affiliate must remove Sniff & Shift promotional content upon request.

  3. Affiliate must stop representing any relationship with Sniff & Shift.

  4. Any unpaid commissions may be reviewed, withheld, paid, denied, offset, or cancelled in accordance with these Terms.

  5. Sniff & Shift may deactivate the Affiliate’s code and dashboard access.

Termination does not limit Sniff & Shift’s right to recover overpayments, enforce brand rights, enforce confidentiality, enforce disclosure obligations, or pursue any available legal remedies.

22. Inactivity

Sniff & Shift may deactivate an Affiliate code or dashboard account due to inactivity, low performance, lack of brand fit, repeated non-use, discontinued relationship, or business needs.

No compensation shall be owed for referrals after a code has been deactivated, unless otherwise approved in writing by Sniff & Shift.

23. Fraud and Abuse

Sniff & Shift reserves the right to investigate any suspected fraud, abuse, manipulation, or violation of these Terms.

Fraud or abuse may include, without limitation:

  1. Self-referrals.

  2. Fake accounts.

  3. Fake orders.

  4. Artificial traffic.

  5. Coupon site posting.

  6. Unauthorized paid advertising.

  7. Misleading promotions.

  8. Duplicate accounts.

  9. Commission stacking.

  10. Customer deception.

  11. Abuse of refunds, returns, discounts, or chargebacks.

  12. Any conduct designed to generate commissions without genuine customer referrals.

Sniff & Shift may deny, reverse, withhold, or recover any commissions connected to fraud or abuse.

24. Product Claims and Pet Safety

Affiliates must not make claims that Sniff & Shift products diagnose, treat, cure, prevent, or manage any disease, medical condition, allergy, nutritional deficiency, behavioral issue, or health condition.

Affiliates may discuss their personal experience with Sniff & Shift products, provided that the statements are truthful, not misleading, and properly disclosed.

Affiliates should encourage customers to consult a veterinarian regarding pet health, diet restrictions, allergies, choking concerns, safe treat sizing, or product suitability.

Sniff & Shift may require Affiliate to remove or correct any content that contains improper product claims or creates potential legal, safety, or brand concerns.

25. Limitation of Liability

To the fullest extent permitted by law, Sniff & Shift shall not be liable to Affiliate for indirect, incidental, special, consequential, punitive, exemplary, or lost-profit damages arising out of or relating to the Program, including but not limited to lost commissions, lost business opportunities, lost data, platform issues, tracking failures, dashboard errors, customer actions, code misuse, or Program changes.

Sniff & Shift’s total liability to Affiliate, if any, shall not exceed the amount of approved but unpaid referral compensation owed to Affiliate for Qualifying Sales during the three (3) months preceding the event giving rise to the claim.

26. Indemnification

Affiliate agrees to defend, indemnify, and hold harmless Sniff & Shift LLC, its owners, officers, employees, contractors, representatives, affiliates, vendors, successors, and assigns from and against any claims, damages, losses, liabilities, penalties, costs, expenses, attorneys’ fees, or demands arising out of or relating to:

  1. Affiliate’s participation in the Program.

  2. Affiliate’s content, posts, messages, advertising, or promotions.

  3. Affiliate’s failure to disclose their relationship with Sniff & Shift.

  4. Affiliate’s violation of these Terms.

  5. Affiliate’s violation of any law, rule, regulation, platform policy, or third-party right.

  6. Affiliate’s false, misleading, or unauthorized statements.

  7. Affiliate’s misuse of Sniff & Shift’s name, code, products, images, trademarks, or brand materials.

  8. Affiliate’s tax, payment, employment, contractor, or business obligations.

27. Assignment

Affiliate may not assign, transfer, sell, sublicense, or delegate any rights or obligations under these Terms without prior written consent from Sniff & Shift.

Sniff & Shift may assign or transfer the Program, these Terms, customer relationships, codes, data, or payment obligations in connection with a sale, merger, reorganization, acquisition, transfer, or business restructuring.

28. No Waiver

Sniff & Shift’s failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Any waiver must be in writing and signed by an authorized representative of Sniff & Shift.

29. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.

The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the original intent as closely as possible.

30. Entire Agreement

These Terms, together with any written Program instructions, dashboard terms, website terms, privacy policy, and written communications from Sniff & Shift, constitute the entire agreement between Affiliate and Sniff & Shift regarding the Program.

These Terms supersede any prior statements, messages, conversations, marketing materials, informal promises, or understandings regarding referral compensation or Program participation.

31. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles.

Any dispute arising out of or relating to the Program, these Terms, referral compensation, discount codes, or Affiliate participation shall be brought exclusively in the state or federal courts located within the Commonwealth of Pennsylvania, unless otherwise required by law.

Affiliate consents to personal jurisdiction and venue in those courts.

32. Acceptance by Checkbox, Code Use, or Continued Participation

By checking the acceptance box on the affiliate sign-up form, submitting an application, receiving a code, using a code, sharing a code, logging into the affiliate dashboard, accepting payment, or continuing to participate in the Program, Affiliate confirms that they have read, understood, and agreed to these Terms.

Affiliate further agrees that electronic acceptance shall have the same legal effect as a physical signature.

If Affiliate does not agree to these Terms, Affiliate must not apply for the Program, use the dashboard, share a code, promote Sniff & Shift, or accept referral compensation.