Smartway Pet Supplies Affiliate Program Terms & Conditions
Effective Date: 1/1/2026
These Terms & Conditions (“Terms”) govern participation in the Smartway Pet Supplies Affiliate Program (“Program”). The Program is offered by Smartway Pet Supplies (“Smartway,” “we,” “us,” or “our”). By applying to or participating in the Program, you (“Affiliate,” “you,” or “your”) agree to these Terms.
Definitions
For clarity in these Terms:
- “Affiliate Links” means the unique tracking links, codes, creatives, and associated tracking parameters issued by Smartway for the Program.
- “Program Materials” means any written policies, rate cards, guidelines, FAQs, training/educational content, notices, and other materials published or provided by Smartway via the affiliate portal, email, or any Smartway-controlled webpage or document expressly identified as Program Materials.
- “Qualifying Purchase” has the meaning set out in Section 4.
- “Related Party” means any person or entity that you control, that controls you, or is under common control with you, and includes (without limitation) your immediate family members, household members, employees, contractors, agents, and any person acting on your behalf or under your direction.
1) Enrolment & Eligibility
1.1 Application. Participation is subject to Smartway’s approval in its sole discretion.
1.2 Eligibility. You represent that you are at least 18 years old and have the legal capacity to enter into these Terms.
1.3 Accurate Information. You agree to provide accurate, current information and keep it updated.
2) Program Overview
2.1 Purpose. The Program allows Affiliates to promote Smartway products/services using Affiliate Links and earn commissions on Qualifying Purchases. This program also assists groups and organisations with creative material, guides, and discounted stock, all of which is at the discretion of Smartway.
2.2 Independent Contractor. You are an independent contractor. Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship.
3) Affiliate Links, Tracking, and Attribution
3.1 Tracking Links. Smartway will provide one or more Affiliate Links. You must use Affiliate Links exactly as provided.
3.2 Attribution Rules. A sale is credited to you only if it is properly tracked through our systems and meets the requirements for a Qualifying Purchase (defined below).
3.3 No Interference. You must not modify, obscure, overwrite, or interfere with tracking parameters or attribution methods.
3.4 Right to Audit. Smartway may review your traffic sources and promotional methods to confirm compliance.
3.5 Tracking Records Prevail. Smartway’s tracking systems and records are final and binding for determining Qualifying Purchases and commissions, absent manifest error.
4) Qualifying Purchases
4.1 Definition. A “Qualifying Purchase” is a purchase made by a customer who clicks your Affiliate Link and completes an order during the applicable tracking window, provided the order is not excluded under these Terms.
4.2 Exclusions. The following are not Qualifying Purchases:
- Returns, refunds, chargebacks, or cancelled orders
- Orders flagged as fraudulent or suspicious
- Purchases made using unauthorized discounting methods or in violation of these Terms
- Purchases made by you or any Related Party, or any purchase where you (directly or indirectly) provide or promise any rebate, cash-back, discount, credit, gift, reward, or other consideration not expressly approved by Smartway in writing
- Orders where tracking is not properly recorded due to technical limitations, customer settings, ad blockers, or other factors outside Smartway’s control
- Orders refused, seized, returned, destroyed, or otherwise not successfully delivered (including resulting cancellation/refund) due to the Purchaser’s failure to comply with Local Laws relating to importation (including personal supply limits, permit/licensing requirements, restricted goods rules, labelling/ingredient requirements, quarantine/biosecurity rules, or duties/taxes)
4.3 Tracking Window. The tracking cookie/window is 3 days from click unless otherwise stated in Program Materials.
5) Commissions & Payment
5.1 Commission Rate. Commissions are calculated as (5%) of net sales, unless otherwise stated in Program Materials. “Net sales” typically means the sale amount excluding taxes, shipping, discounts, credits, refunds, and chargebacks. This rate may vary depending on the program and is subject to adjustment by Smartway in accordance with these Terms.
5.2 Commission Changes. Smartway may change commission rates, eligible products, and promotions at any time by updating Program Materials or notifying you. Unless Smartway states otherwise, changes apply prospectively from the effective date stated in Program Materials and do not retroactively reduce commissions on Qualifying Purchases already recorded prior to that effective date.
5.3 Payment Schedule. Payments are issued monthly after the close of each period (when applicable), subject to a 30-day validation/hold period to account for returns and fraud review.
5.4 Minimum Payout. Payments are made only when your approved balance meets the minimum threshold of $1 aud.
5.5 Payment Method. Payments are made via PayPal. You are responsible for providing accurate payment details.
5.6 Taxes. You are responsible for all taxes, duties, and reporting related to commissions. Smartway may require tax forms or documentation as a condition of payment.
5.7 Dormancy / Forfeiture (if applicable). If your account has no Qualifying Purchases for 3 months, Smartway may deem the account inactive and may withhold or forfeit any unpaid balance below the Minimum Payout threshold, to the extent permitted by law.
6) Promotional Guidelines & Brand Use
6.1 Permitted Promotions. You may promote Smartway using truthful, non-misleading content consistent with these Terms and applicable laws.
6.2 Brand Assets. You may use Smartway logos, product images, and other assets we provide (“Brand Assets”), subject to our approval, solely to promote Smartway under these Terms and in accordance with any brand guidelines we supply.
6.3 No Misrepresentation. You must not:
- Make false or unsubstantiated claims (including health or therapeutic claims about pet products)
- Imply you are Smartway or represent yourself as an employee or official representative
- Use “Smartway Pet Supplies” in a way that confuses customers about your relationship with Smartway
- Advertise or imply Smartway guarantees successful import clearance or that products can be imported in quantities or for purposes beyond what Local Laws permit (including personal supply restrictions)
6.4 FTC/ASA/ACCC Disclosures (as applicable). You must clearly and conspicuously disclose your affiliate relationship whenever you post an Affiliate Link or otherwise endorse Smartway. Example: “This is a partnership.”
6.5 Prohibited Content. You must not promote Smartway on sites or channels that contain or promote illegal, hateful, violent, or adult content, or content that is otherwise unsuitable at Smartway’s discretion.
6.6 Domains, Handles, and Impersonation. Unless Smartway provides written permission, you must not: - Register, use, or direct traffic through domains/subdomains containing Smartway trademarks or confusingly similar variations (including misspellings)
- Use Smartway trademarks or confusingly similar terms in social media handles, page names, group names, or account identifiers
- Create content or pages designed to appear as an official Smartway site/account or customer support channel
7) Prohibited Activities
You may not, directly or indirectly:
7.1 Spam. Send unsolicited commercial emails, messages, or texts, or otherwise engage in spam.
7.2 Trademark Bidding & Search Restrictions. Bid on or purchase keywords that include Smartway trademarks or misspellings (e.g., “Smartway,” “Smartway Pet Supplies”), or run ads that direct to Smartway using Smartway trademarks, except where Smartway provides written permission. This restriction also applies to use of Smartway marks in ad copy, display URLs, and ad account identifiers where such use is likely to confuse customers.
7.3 Cookie Stuffing / Forced Clicks. Use cookie stuffing, clickjacking, forced redirects, or other deceptive attribution practices.
7.4 Software / Toolbars. Use browser extensions, toolbars, adware, or software that injects affiliate tracking without clear user consent.
7.5 Unauthorized Coupons. Promote coupon codes not issued by Smartway or found through unauthorized means.
7.6 Price Manipulation. Misstate pricing, availability, or shipping times.
7.7 Incentivized Traffic (unless approved). Offer cash, points, rebates, or other incentives for clicking Affiliate Links or completing purchases unless Smartway has approved this in writing.
7.8 Resale / Marketplace Listings (unless approved). Resell Smartway products or list them on marketplaces (e.g., eBay/Amazon) using Affiliate Links.
7.9 Invalid, Artificial, or Misleading Traffic. Generate or procure traffic that is artificial, non-human, misleading, or primarily intended to manipulate attribution (including bots, click farms, automated clicking, deceptive pre-sell pages, or similar practices). Smartway may deem such traffic, and any resulting orders, ineligible for commissions.
8) Data, Privacy & Customer Information
8.1 No Customer Data Collection. You must not collect, store, or share personal data of Smartway customers obtained through the Program unless explicitly authorized and compliant with applicable privacy laws.
8.2 Compliance. You must comply with all applicable privacy and marketing laws (including consent requirements for email/SMS marketing) and all applicable third-party platform policies (including advertising and endorsement rules).
9) Intellectual Property
9.1 Ownership. Smartway retains all rights, title, and interest in its trademarks, Brand Assets, website content, and proprietary materials.
9.2 License. Smartway grants you a limited, revocable, non-exclusive, non-transferable license to use Brand Assets solely for Program participation during the term of these Terms.
9.3 Adjustments. Brand Assets may be adjusted for creative purposes, subject to Smartway approval. Any changes must not infringe on Smartway branding or any other stipulations of misrepresentation and intellectual property outlined within this document.
10) Term, Suspension & Termination
10.1 Term. These Terms begin when you are accepted into the Program and continue until terminated.
10.2 Termination by Either Party. Either party may terminate participation at any time, with or without cause, by providing notice in accordance with Section 20 (Notices).
10.3 Immediate Suspension/Termination. Smartway may suspend or terminate you immediately if we believe you violated these Terms or applicable law, or if your activities may harm Smartway’s reputation or customers.
10.4 Effect of Termination. Upon termination, you must stop using Affiliate Links and from your content within 3 days. You must also cease using and delete/destroy all Program Materials and any Smartway confidential information in your possession or control (including any training/educational content), unless otherwise agreed in writing by Smartway.
10.5 Outstanding Commissions. Smartway will pay valid, approved commissions earned prior to termination, subject to these Terms, fraud review, and applicable payout thresholds. Commissions may be withheld or reversed for violations, refunds, chargebacks, or invalid traffic.
11) Reversals, Withholding & Disputes
11.1 Reversals. We may reverse commissions for refunds, chargebacks, fraud, order cancellations, non-compliance, invalid traffic, or breach of these Terms.
11.2 Withholding. We may withhold payment where we reasonably suspect fraud, prohibited activity, invalid traffic, or material breach.
11.3 Disputes. Any commission disputes must be submitted in writing within 30 days of the date the commission is reported.
12) Warranties & Disclaimers
12.1 No Guarantee. We do not guarantee any level of earnings, traffic, or commissions.
12.2 Program “As Is.” The Program and Affiliate Links are provided “as is” without warranties of any kind, to the extent permitted by law.
13) Limitation of Liability
To the maximum extent permitted by law, Smartway will not be liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, data, or goodwill arising from or related to the Program, even if advised of the possibility of such damages.
14) Indemnification
You agree to indemnify and hold harmless Smartway and its officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your promotions, content, breach of these Terms, invalid traffic, or violation of applicable law.
15) Modifications
Smartway may update these Terms at any time by posting an updated version in Program Materials or notifying you. Continued participation after changes become effective constitutes acceptance.
16) Confidentiality
If Smartway shares non-public information with you (e.g., upcoming product launches, special rates), you must keep it confidential and use it only for Program participation.
17) Governing Law & Jurisdiction
These Terms are governed by the laws of Victoria, Australia, without regard to conflict of law principles. The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.
18) Import and Compliance
18.1 Purchaser as Importer. For any purchase shipped internationally (or otherwise subject to import controls), the customer placing the order (“Purchaser”) is the importer of record and is solely responsible for complying with all laws and regulations applicable to importation in the destination country/region/state/territory (“Local Laws”).
18.2 Personal Supply Only. The Purchaser acknowledges and agrees that products purchased from Smartway Pet Supplies are intended to be imported only as a personal supply where required or applicable under Local Laws, and not for resale, redistribution, or other commercial purposes unless expressly permitted under Local Laws.
18.3 Quantity, Permits, and Restrictions. The Purchaser is responsible, where applicable, for determining and complying with all applicable restrictions, including (without limitation) quantity limits, licensing/permit requirements, prohibited or restricted goods rules, labelling/ingredient requirements, quarantine/biosecurity requirements, duties/taxes, and any other import conditions imposed by Local Laws or carriers.
18.4 Seizure, Refusal, or Delays. Smartway is not responsible for, and will not be liable for, any delays, holds, seizures, refusals, destruction, or returns by customs, biosecurity authorities, postal services, or carriers arising from Local Laws or import requirements.
18.5 Non-Compliance at Purchaser’s Risk. Any order, import, possession, or use of products that falls outside the Purchaser’s Local Laws is undertaken solely at the Purchaser’s risk and responsibility. The Purchaser agrees to indemnify Smartway for any claims, penalties, losses, costs, or expenses arising from the Purchaser’s non-compliance with Local Laws.
19) Miscellaneous
19.1 Assignment. You may not assign or transfer your rights or obligations under these Terms without Smartway’s prior written consent.
19.2 Severability. If any provision is found unenforceable, the remainder remains in effect.
19.3 Entire Agreement. These Terms and any Program Materials referenced form the entire agreement between you and Smartway relating to the Program.
20) Notices
20.1 Notice Method. Notices under these Terms must be given in writing and may be provided by Smartway via email, the affiliate portal, or other written communication method identified in Program Materials.
20.2 Deemed Receipt. Notices are deemed received when sent (email), when posted to the affiliate portal, or when otherwise made available to you in writing through Program Materials, unless a delivery failure notice is received by the sender.
