Terms and Conditions - Farmina Digital Services

Version January 2026

This document constitutes a legal agreement between you, as the user (hereinafter also simply referred to as "Breeder"), and the company Farmina Pet Foods Holding B.V. (VAT no. NL859267131B01), located at Johan Huizingalaan 400,1066 JS in Amsterdam, the Netherlands (hereinafter also simply referred to as "Company" or “Farmina”). 

"Agreement" means the terms and conditions as described herein, which will be accepted by the Breeder, and will be binding upon the latter, by making use of the Farmina Pro Portal Breeder.

PREAMBLE

  • The Company is active in the business of pet nutrition and pet food production.
  • The Company operates through the website "farmina.com" including its mobile applications, such as the Farmina Pro Application (the “Farmina Professional Portal”). 
  • The Company operates and manages the website as a service provider with the aim of offering pet parents a series of services dedicated to the nutrition, care, and well-being of their pets.
ART. 1 - PURPOSE OF THESE TERMS AND CONDITIONS

1.1.- The preamble forms an integral part of this Agreement.

1.2.- The Company undertakes to make the Farmina Pro Portal Breeder, indicated in the preamble, available to the Breeder, so that the latter can refer its customers to the Company for pet food nutrition advice and products.

ART. 2 – DURATION

2.1.- This contract has an initial term of 1 year starting on the date that the Breeder starts using the Farmina Pro Portal in accordance with this Agreement.

2.2.- Upon expiration, the Agreement will be tacitly renewed under the same conditions from year to year, unless terminated by one of the Parties serving at least 30 days’ prior written notice by registered letter with return receipt and/or email with read receipt.

2.3.- Either Party may withdraw from the contract at any time, after the first renewal, with 30 days’ notice to be sent by registered letter with return receipt and/or certified email with read receipt.

2.4.-Violation of one or more of the obligations referred to in Article 4 will entitle Farmina to either take over the management of the customer contact to guarantee the service to the final customer and/or to terminate the Agreement with the Breeder with immediate effect.

ART. 3 - OBLIGATIONS OF THE COMPANY

3.1.- The Company makes the Farmina Pro Portal Breeder available to the Breeder, providing adequate training on how to use and make product recommendations in the Farmina Pro Portal Breeder.

3.2.- The Company undertakes to ensure best endeavors that the Farmina Pro Portal Breeder works correctly, with the express exclusion of any liability by the Company for malfunctions.

3.3.- The Company undertakes to grant the Breeder 250 Blue Points - corresponding to a coupon in the value of €25.00 (twenty-five/00 euro)- for each confirmed recommendation of Farmina products made by the Breeder to a new customer (i.e. a customer whose email enters the Farmina systems for the first time and confirms said recommendation) through the Farmina Pro Portal Breeder.

3.4.- For the same new customer, the Company undertakes to granting an additional 50 Blue Points to the Breeder- corresponding to a coupon in the value of €5.00 (five/00 euro) – for each subsequent purchase of Farmina products by the pet parent, up to a maximum of  5 purchases (six purchases in total, initial purchase + 5 following purchases).

3.5.- The Blue Points mentioned in clause 3.3 and 3.4. can only be earned by the Breeder if:
  • The new customer purchases the Farmina products by validating the unique coupon code, as featured in the recommendation from the Breeder or in a nutritional plan received from Farmina based on follow-up by a nutrition consultant;
  • The first purchase by the new customer starts within 30 days from receiving the unique coupon code;
  • The purchases are validated by the customer at any of the points of sale adhering to the Farmina validation program or on the farmina.com e-shop;
  • The recommendation and Product purchases are realized in the same country.

3.6.- The minimum threshold to use the credits earned based on clauses 3.3-3.4 is of 250 Blue Points, corresponding to a coupon of  €25.00 (twenty-five/00 euro).

3.7.- The Breeder can earn a maximum monthly credit of 5,000 Blue Points, corresponding to a coupon of €500 (five hundred/00 euro). The maximum amount that a Breeder can earn per each new customer is 500 blue points or €50.00 (fifty/00 euro) – based on 5 purchases times      €5, plus €25 for the initial recommendation.

3.8.- The Farmina Pro Portal Breeder is only available to persons over the age of 18 years. Breeders may only be registered if they fulfill this requirement.

3.9.- The Company reserves the right to verify the validity of telephone and email contacts to which the recommendation has been transmitted to. A unique phone/email contact cannot be used for more than one recommendation. The Company reserves the right to cancel any assigned credits if it detects any abuse, or suspects or detects that credits have been granted on incorrect grounds, for example, and not limited to situations where a shared contact is not authentic or if the same contact is used more than once. In such cases, the Company shall invoice the amount that was used as a credit.

3.10.- The credit accrued by the Breeder will be issued to the Breeder by means of a coupon generated by the Farmina Pro Portal Breeder. When the Breeder wants to purchase Farmina TeamBreeder products, he can generate a coupon via the Farmina Pro Portal Breeder, in accordance with the number of credits accrued as per that date, with a minimum of 250 blue points, as described in clause 3.6. The Breeder can redeem the coupon at a local authorized distributor of Farmina TeamBreeder products. The coupon cannot be exchanged for cash.

3.11.- Upon termination of the Agreement, all rights accrued by the Breeder in accordance with clause 3.2.-3.4. will expire and no new entitlements will accrue to the Breeder.

3.12.- Farmina may engage its subsidiaries and/or affiliates to perform tasks and fulfill obligations under this Agreement. Farmina shall remain fully responsible and liable for all actions and omissions of such subsidiaries and affiliates as if performed by Farmina itself.

ART. 4 - BREEDER OBLIGATIONS

The Breeder ensures that it meets all legal requirements for professional practice. The Breeder, in promoting and carrying out its activities, undertakes to:
  • Regularly purchase Farmina products for its dogs/cats and puppies/kittens.
  • Follow the Farmina product training program proposed by Farmina.
  • Use the Farmina Pro Portal Breeder.
  • Explain to its pet parent followers the “free consultancy service’’ that Farmina offers through its personal Genius Consultants.
  • Explain the benefits of Farmina products and propose the purchase of Farmina products to pet owners through the recommendation via the Farmina Pro Portal Breeder and through advertising the validation of the discount code presented in the recommendation email and/or the nutritional plan that the pet parent will receive.
  • Give the Puppy/Kitten Kit provided by Farmina to pet parents who are adopting a puppy or a kitten (up to age of 12 months).
  • Use the materials provided by Farmina to inform pet parents in more details about the products of Farmina, promote the brand and engage in the initiatives sponsored by the Company.
  • Obtain the customer’s consent for the collection of their personal data and inserting their personal data in the Farmina Pro App, only and exclusively in the event that the customer has provided consent in accordance with applicable data privacy legislation.
  • Comply with all applicable laws and regulations, including but not limited to:
    • GDPR and other privacy and data protection laws for handling any personal data;
    • Directive 2005/29/EC on Unfair Commercial Practices and relevant local advertising laws;
    • Clearly disclosing the sponsored nature of any promotional posts in accordance with consumer protection and advertising guidelines.
    • Ensure that any representations made about the products are truthful, accurate, and comply with consumer protection laws.
ART. 5 – EXCLUSIVE RIGHTS

5.1.- To the extent permitted by applicable law, the Breeder for the entire duration of this Agreement undertakes not to use other systems and/or digital devices that provide the same telematic services covered by this Agreement or to promote products that are competitive with the Farmina brand.

5.2.- In the event of a breach of the exclusivity obligations set forth in 5.1., Farmina shall have the right to terminate this Agreement with immediate effect by providing written notice to the Breeder. Such termination shall not prejudice Farmina’s right to claim compensation for any damages incurred as a result of the breach, including but not limited to loss of revenue, reputational harm, or other consequential damages. The Breeder acknowledges that compliance with the exclusivity obligations is a material condition of this Agreement.

ART. 6 - CONFIDENTIALITY
 
6.1.- Each party undertakes to guarantee the confidentiality of the protected and confidential information communicated to it by the other party and related to the scope of this Agreement; "confidential" refers to all information communicated and/or received in any written, verbal, electronic form, by direct vision or any other intelligible form, including those that pass through the data processing and transmission equipment, consequently and as a result of this Agreement. More specifically, these must be understood, albeit by way of example, as information regarding the organization of the Company; the services offered by the Company; commercial information and customer management policy; the management and performance of the Company; the Company's relations with third parties, financial and marketing data, software programs, etc. 

6.2.- Confidential does not include information which, at the time of their disclosure: (i) was published or generally known to the public; (ii) Information which, after being disclosed by the Disclosing Party to the Receiving Party, gets published or become generally known to the public in any other way except by making a breach of the provisions of this Agreement; (iii) Information which was in the possession of  the Receiving Party at the time of disclosure by the Disclosing Party (as shown by written records) and which were not acquired, either directly or indirectly, from the Disclosing Party; (iv) Information obtained from any third party which they acquired legally, and not by making a breach of any contractual or legal obligation referring to the information.  

6.3.- Each party undertakes, therefore, not to disclose the aforementioned confidential information in any way or in any form and not to use it for any purpose other than those strictly necessary for the execution of this Agreement.

6.4.- Each party is responsible for the exact observance by its employees, consultants, and associates of the aforementioned confidentiality obligations.

ART. 7 - COMMUNICATIONS

All communications between the parties relating to this Agreement must be made through the Farmina Pro Portal Breeder or via email; the parties undertake to promptly notify any changes in email addresses.

ART. 8 – INTELLECTUAL PROPERTY RIGHTS

8.1.- All Intellectual Property Rights in or related to the Company, its brands and products, the Farmina Pro Portal Breeder and/or website and thereto related documentation and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of the Company and/or its affiliates, subcontractors or licensors.

“Intellectual Property Rights” shall mean copyrights and related rights (including database, catalogue rights and photography rights), patents, utility models, design rights, trademarks, tradenames, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.

8.2.- This Agreement does not grant the Breeder any Intellectual Property Rights in the Farmina Pro Portal Breeder and/or website and all rights not expressly granted hereunder are reserved by Company and/or its affiliates, subcontractors or licensors. This Agreement grants the Breeder a limited, non-exclusive, non-transferable, and revocable license to use Farmina’s Intellectual Property Rights solely for the purposes of fulfilling its obligations under this Agreement, including but not limited to providing nutrition consultancy services, using the Farmina Pro Portal Breeder. All rights not expressly granted hereunder are reserved by Farmina and/or its affiliates, subcontractors, or licensors. The Breeder shall not use Farmina’s Intellectual Property Rights for any other purpose without prior written consent from Farmina.

8.3.- The Breeder is not permitted to use the Farmina Pro Portal Breeder or any content thereof for purposes other than as described in this Agreement. The use of any kind of systematic retrieval, such as use of any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy and/or monitor any portion of the Farmina Pro Portal Breeder is strictly forbidden. 

8.4.- The Company is entitled to remove a Breeder from the Farmina Pro Portal Breeder with immediate effect and/or refuse or cancel any Orders from a Breeder if: (i) the Breeder abuses the Farmina Pro Portal Breeder Service or causes any harm or detriment to the use of the Farmina Pro Portal Breeder, the Company, Company’s employees or partners, (ii) the Company has reasonable belief of fraudulent acts by the Breeder when using the Farmina Pro Portal Breeder, (iii) the Breeder places a false Order or otherwise fails to comply with his obligations arising from this Agreement; (iv) there is reasonable doubt about the correctness or authenticity of the order. 

ART. 9 – AMENDMENTS

9.1.- Farmina reserves the right to amend, modify, or update the terms and conditions of this Agreement at its sole discretion. Any such amendments shall become effective upon written notification to the Breeder via email or the Farmina Pro Portal Breeder, specifying the changes and their effective date, which shall be no less than 30 days from the date of such notification.

9.2.- The Breeder's continued use of the Farmina Pro Portal Breeder services after the effective date of any amendments shall constitute acceptance of such amendments. If the Breeder does not agree with the amendments, the Breeder may terminate this Agreement in accordance with Article 2 by providing written notice within 15 days of receiving the amendment notification.

9.3.- Farmina shall not be liable for any damages or losses incurred by the Breeder as a result of amendments made in accordance with this Article, provided such amendments are made in good faith and in compliance with applicable laws.


ART. 10 – FORCE MAJEURE

10.1.- Neither Party shall be held liable for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is caused by events beyond the reasonable control of the affected Party, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, government actions, labor disputes, strikes, interruptions or failures of utility services (including electricity, water, or internet), cyberattacks, hacking incidents, software or hardware failures, or other technological disruptions.

10.2.- The affected Party shall notify the other Party in writing within 5 business days of becoming aware of the force majeure event and shall take all reasonable measures to mitigate its effects. If the force majeure event continues for more than 30 days, Farmina reserves the right to terminate this Agreement without liability by providing written notice to the Breeder.


ART. 11 – LIMITATION OF LIABILITY

Farmina’s total liability for any claims, losses, or damages arising out of or in connection with this Agreement, whether in contract, tort (including negligence), or otherwise, shall be limited to an amount equivalent to the total profit earned by Farmina from the Breeder under this Agreement during the twelve (12) months immediately preceding the event giving rise to such claim. Under no circumstances shall Farmina be liable for any indirect, consequential, punitive, or incidental damages, including but not limited to loss of profits, business interruption, or reputational harm.

ART. 12 – DATA PRIVACY

12.1.- The Breeder guarantees, for itself and for its staff, that the activity regarding the collection and use of customer personal data via the Farmina Pro Portal Breeder will comply with current data privacy legislation and expressly agrees not to use the aforementioned data for other purposes than described in this Agreement.

12.2.- The Breeder guarantees and indemnifies Farmina of any and all charges, including legal fees, in the event of claims or damages by customers, for the violation of the privacy legislation by the Breeder and/or its employees.

12.3.- In the event of a personal data breach, the Breeder shall notify Farmina in writing within 24 hours of discovering the breach. The notification must include all relevant details of the breach, including but not limited to: the nature of the breach, the categories and approximate number of data subjects affected, the categories and approximate number of data records concerned, and any measures taken or proposed to address the breach and mitigate its possible adverse effects. The Breeder shall cooperate fully with Farmina in managing and resolving the breach, including providing any additional information requested by Farmina and assisting in any required notifications to data protection authorities or affected individuals.

12.4.- The Breeder hereby explicitly consents to Farmina processing and/or storing personal data, collected through the Farmina Pro Portal Breeder and the Farmina website (farmina.com), worldwide, exclusively within Farmina's entities and service providers necessary for the business. Farmina will implement appropriate safeguards to ensure the security and privacy of this data.


ART. 13 - JURISDICTION AND RELEVANT LAW

13.1.- Any dispute relating to the execution of this Agreement shall be addressed to the exclusive jurisdiction of the court of Amsterdam, the Netherlands. This Agreement shall be governed by and construed in accordance with the laws of the Netherlands.

13.2.- The Breeder declares to specifically accept the following paragraphs: article 2 (duration), 4 (Breeder obligations), 5 (exclusive rights), 6 (confidentiality), 7 (communications), 8 (intellectual property rights), 9 (amendments), 10 (force majeure), 11 (limitation of liability), 12 (data privacy), 13 (jurisdiction and relevant law), and 14 (assignment).


ART. 14 - ASSIGNMENT

14.1.- The Company shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to a subsidiary, an affiliate or successor or to a purchaser or acquirer of its business assets relating to Farmina Pro Portal Breeder, without the Breeder’s prior consent.

14.2.- The Breeder shall not be entitled to assign any of its rights or obligations hereunder in whole or part.