THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ANAÏS CANDLE (OPERATING ANAISCANDLE.COM).
BY SUBMITTING THE ONLINE APPLICATION, YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE TO ABIDE BY THESE TERMS AND CONDITIONS.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in the ANAÏS CANDLE Affiliate Program. The purpose of this agreement is to allow HTML linking between your website and ANAÏS CANDLE's website. Throughout this Agreement, “we,” “us,” and “our” refer to ANAÏS CANDLE or anaiscandle.com, and “you,” “your,” and “yours” refer to the affiliate.
2.0. Affiliate Obligations
To begin the enrollment process, you will complete and submit the online application on Impact.com. Approved applications and affiliates may be re-evaluated at our sole discretion for acceptance or rejection at any time. We may cancel your application if we determine that you or your site are unsuitable for our Program, including if you or any property (i.e. website, website account or user, social media channel/handle, etc.) and/or content under your management falls under any of these categories:
Use your unique affiliate link on coupon/discount sites.
Distributes or displays coupons, promotional codes, or discount codes without explicit
approval or agreement from ANAÏS CANDLE.
Promotes violence, or sexually explicit material or content.
Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Promotes illegal activities.
Incorporates any materials that infringe or assist others to infringe on any copyright,
trademark, or other intellectual property rights or to violate the law.
Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing,
racially, ethnically, or otherwise objectionable to us in our sole discretion.
Contains software downloads that potentially enable diversions of commission from other
affiliates in our program.
In other words, you cannot post or list the provided affiliate link and/or unique code on any coupon or discount sites.
You may not create or design your website or any other website that you operate, explicitly or implied in a manner that resembles our website, nor design your website in a manner that leads customers or leads to believe you or your managed property are ANAÏS CANDLE or anaiscandle.com
2.1. As a member of the ANAÏS CANDLE Affiliate Program, you will have access to Affiliate Account Manager. Here you may be able to review our Program’s details, download HTML (that provides links to web pages within anaiscandle.com) and banner creatives, browse, and/or retrieve tracking codes for our coupons and deals. To accurately track guest visits and purchases from your site or managed property to ours, you must use the provided HTML for each banner, text link, and/or other affiliate link.
2.2. The maintenance and upkeep of your site is the responsibility of the affiliate. Your site or properties may be reviewed periodically to ensure that it is complying with the terms set forth in this application and agreement. You may be notified of any changes or placements.
2.3. It is entirely the affiliate's responsibility to follow all applicable intellectual property guidelines and laws that pertain to your site, social media account(s), and/or content. You agree that you have express permission to use any person's, entity's, or party's copyrighted material, including but not limited to text, images, or any other copyrightable work. We will not be responsible (and you agree to not hold us responsible) if you violate any copyrighted or trademarked material, or intellectual property in violation of the law or any third-party rights.
3.0 ANAÏS CANDLE Rights and Obligations
ANAÏS CANDLE reserves the right, at any time, to review any affiliate's placements and approve or disapprove the use of the provided links and require a change of placement or use to comply with the guidelines and terms. We reserve the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our website are appropriate. If requested changes are not made, we reserve the right to terminate your participation in the ANAÏS CANDLE Affiliate Program.
3.1. ANAÏS CANDLE reserves the right to terminate this Agreement and your participation in the ANAÏS CANDLE Affiliate Program immediately, at any time, and without notice to you should you commit fraud, violate, or abuse this program or its terms in any way. Individuals, affiliates, and performance marketing agencies that submit their unique affiliate link to discount or coupon websites will have their account deactivated and access restricted immediately upon discovery. ANAÏS CANDLE is also not required to pay outstanding commissions in connection with such violations. If such fraud or abuse is detected, ANAÏS CANDLE shall not be liable to you for any commissions on any and all fraudulent sales.
3.2. We are under no obligation to provide affiliates with free products. Acceptance into the affiliate program does not entitle the affiliate to a candle or any of ANAÏS CANDLE's products.
3.3. We maintain that the affiliate program is an entirely separate entity from wholesale orders and the like. We reserve the right to decline or terminate affiliates who insist or attempt to gather bulk orders for submission through their affiliate accounts or other acts of fraud and coercion even without written notice.
3.4. All qualified purchases must be made through the affiliate’s unique link and we are under no obligation to honor commission payments outside of the platform or unique links.
3.5. This Agreement begins upon our acceptance of your Affiliate application and will continue unless terminated hereunder.
Either party may end this Agreement at any time, with or without cause, by giving the other party written notice or through impact.com. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you, even if such breach or violation is undiscovered by us at the time.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. Modifications may include but are not limited to, changes in the payment procedures, and ANAÏS CANDLE Affiliate Program rules and terms of agreement and/or use. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in ANAÏS CANDLE Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
ANAÏS CANDLE uses a third-party affiliate network, 'IMPACT.COM', to handle all of the tracking and payment. Payments will be made monthly on the 1st week of every month for applicable transactions that occurred before the 30-day locking period.
For example, on the first week of November, you will receive commission payments for all applicable conversions that happened before October 1st.
There are no minimum transaction requirements.
Payments will be processed through PayPal.
Any transaction that results in chargebacks, returns, or refunds will not be paid out.
7.0 Access to Affiliate Account Interface
You will need to create a password so that you may enter Impact.com's secure affiliate account interface. From their site, you will be able to receive the reports that will describe our calculation of the commissions due to you.
8.0 Promotion Restrictions
You are free to promote your own website(s), but be aware that certain forms of advertising are always prohibited by ANAÏS CANDLE. For example, advertising commonly referred to as "spamming" is an unacceptable practice and method that may damage our brand name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE) and unsolicited phone calls and/or text messages with or without media (voice messages, videos, or images), postings to non-commercial newsgroups, and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, social media accounts or handles, your domain name, or your return email address. You may use mailings to customers to promote ANAÏS CANDLE so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote ANAÏS CANDLE so long as the newsgroup specifically welcomes commercial messages or promotions. At all times, you must clearly and accurately represent or identify yourself, your websites, and/or social media accounts as independent from ANAÏS CANDLE. If it comes to our attention that you are engaging in spamming any communication medium, we will consider that cause for immediate termination of this Agreement and your participation in the ANAÏS CANDLE Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.1. Affiliates that utilize keywords and/or exclusively bid in their Pay-Per-Click campaigns on keywords such as anaiscandle.com, anaiscandle, anais candle, Anais CANDLE, www.anaiscandle, www.anaiscandle.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators and will be banned from the ANAÏS CANDLE Affiliate Program. We may or may not contact the affiliate prior to a pending ban. ANAÏS CANDLE reserves the right to remove or ban any copyright or trademark violator from our affiliate program without prior notice, or on the first occurrence of any PPC bidding activities.
8.2. Affiliates are allowed to key in lead information into the lead form as long as the lead's information is real, valid, true, and with genuine interest.
8.3. Affiliate shall not transmit any so-called “interstitials,” “ParasitewareTM,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the
consumer clicks on a qualifying link until such time as the consumer has fully exited ANAÏS CANDLE's site (i.e., no page from our site or any ANAÏS CANDLE's content or branding is visible on the end-user’s screen). As used herein a. “ParasitewareTM” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, Yahoo, Overture and/or other similar search or directory engines); (c) set commission tracking cookies through loading of ANAÏS CANDLE site in iFrames, hidden links and automatic pop ups that open ANAÏS CANDLE's site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
9.0 Grant of Licenses
We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of ANAÏS CANDLE Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of ANAÏS CANDLE and the goodwill associated therewith will inure to the sole benefit of ANAÏS CANDLE.
9.1. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all rights, titles, and interests to its respective rights, and no right, title, or interest is transferred to the other.
ANAÏS CANDLE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING ANAÏS CANDLE PRODUCTS, SERVICES, AND/OR WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF ANAÏS CANDLE ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE
WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE, AND YOU WILL NOT HOLD US LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
11.0 Representations and Warranties
You represent and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, with or without the approval or consent of any other party.
11.3. You have sufficient rights, titles, and interests in and to the rights granted to us in this Agreement.
12.0 Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL ANAÏS CANDLE'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless ANAÏS CANDLE, its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect
thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and ANAÏS CANDLE. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
15.1. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
15.2. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
15.3. This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.
15.4. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
15.5. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.