Terms & Conditions

This agreement contains the complete terms and conditions that apply to all Wicked Scents Candle Company affiliates. As used in these documents, "we" or "us" means Wicked Scents Candle Company, Inc., and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers to either http://www.wscandles.com or to the site identified in your Affiliate Application.

Enrollment

You are not automatically enrolled into our program when you submit a completed Affiliate Registration Form. We manually approve all applications and will notify you via e-mail when, or if, you have been accepted into our program.  We reserve the right to refuse any person or site for any reason at any time.

Linking to us

Link your Web site and/or e-mail correspondence to our index page. Refer to our Linking Methods information within your affiliate account for complete linking instructions. Web sites and e-mail featuring merchandise or downloads that infringe on copyright laws (bootlegs, etc.), those which exhibit hatred, racism, adult content, or similar explicit content, those which engage in unsolicited e-mail campaigns, or those we deem unsuitable to represent us are not eligible to participate in our program. Further, we reserve the right to alter, limit or terminate an affiliate account at any time for any reason.

If you have a Web site linking to ours, you are solely responsible for ensuring:

• the development, operation, maintenance and technical operation of your site
• the display of accurate and appropriate material on your site
• that material on your site does not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
• that content is not libelous or otherwise illegal on your site
• We grant you a nonexclusive revocable right to use our graphic images and text for the sole purpose of identifying yourself as a program participant and to assist you in generating sales. We reserve all rights to our graphic images, text, trade names and trademarks. You may not modify any of our images.

We disclaim all liability from these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance and content of your site.

Partner ID and Tracking

Your assigned Partner ID is used to provide accurate tracking of sales, reporting and referral commission accrual. Your Partner ID must be added to the end of each of your link for proper credit to be applied to your account. If you fail to properly link to us, you will not be paid commissions for sales generated by the improper link(s). We will not be liable if you fail to link properly to our site. Refer to our Linking Methods information within your affiliate account for complete linking instructions.

Order Processing

We will process the orders of those customers that have followed your links to our Web site. We will attend to their Customer Service needs, Order forms, Payments, Cancellations, and Returns. We will track all sales made by those customers, and provide you with a summarized report. You may view activity generated to us through your links when you log into your affiliate account on our Site.

Commission Payment

We pay an 18% commission, payable in United States Dollars (USD).

To earn commission through a product sale, the customer must have followed one of your links to our site, selected and purchased the product using our automated ordering system, accepted delivery of the product, and remitted full payment to us. Referral commissions are based on revenues derived by us through sale of product. We exclude costs for shipping, handling, taxes and deduct commission for returned product, canceled orders, or otherwise unsuccessful revenue-generating orders.

You will earn a commission when a customer purchases a gift certificate. However, we will deduct from your account any commission earned through sales paid for using gift certificates.

Commission Payment Structure

Our affiliate payment structure is organized into calendar months. Each sales period is 1 month in duration. A sales report for a particular period will be finalized at the end of the month that follows that period.

Approximately 30 days following the end of each sales period, if your accumulated revenue is $25.00 or more, we will mail you a check to the address listed in your affiliate information. If the referral commissions payable to you is less than $25.00, we will withhold payment until the next sales period when the total amount due is at least $25.00, or until this agreement is terminated. If a product that generated a referral commission is returned by the customer canceled, or an otherwise unsuccessful revenue-generating order, we will deduct the corresponding referral commission from your payment.

If your affiliate account demonstrates no revenue-generating activity for two consecutive months, we reserve the right to terminate your account.  Should this occur, we will attempt to notify you via e-mail, mail you a check in the amount of your accrued commissions to the address listed in your affiliate information, and terminate your account.

Sales reports are updated in real time. As soon as a sale is made, our database recognizes it, and the appropriate sales report is updated.

Terms of this Agreement

The terms of this agreement will begin upon our acceptance of your Affiliate Program Application. Either you or we may terminate your membership, at any time, with or without cause, through written notice via e-mail. At that time you will immediately remove from your site all links to our site, along with any Wicked Scents Candle Company trademarks, trade dress and logos, and any other materials provided by us to you pursuant hereto or in connection with our program. You are only eligible to earn referral fees on product sales occurring while you are an affiliate member. Referral fees earned on the date of termination will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

Product Purchases

You may purchase products from us through the links on your own site, for resale or commercial use. This includes orders on behalf of customers or orders to be used by you, friends, or family.

Modification

We may modify terms and conditions contained in this agreement at any time, and at our sole discretion. Any changes will be posted on our site. Modifications may include for example, changes in referral commissions, commission payment schedules, payment procedures, and program rules. If any modification is unacceptable to you, your only recourse is to terminate your membership. Your continued participation in the program following us posting a change in our program will constitute binding acceptance of the change.

Relationship of Parties

You and we are independent contractors, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the two parties. You will have no authority to make or accept offers or representations on our behalf.

Rights to Customers and Customer Re-solicitation

Each customer gained by us, whether via your affiliate link or not, is the sole property of Wicked Scents Candle Company, Inc. You waive all exclusive-rights to the customers you refer to us. We reserve the right to solicit the repeat business of any customer and, when revenue is generated through our own advertising campaigns, you shall have no expectation or entitlement to any monies, credit for the sale or exclusive rights to any customer.

Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with our affiliate program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to our program will not exceed the total referral fees paid or payable to you under this agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the program or any products sold through the program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free. In such an event, we will not be liable for the consequences.

Independent Investigation

You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate Web sites that are similar to or compete with your Web site. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

Miscellaneous

This agreement will be governed by the laws of the states of Washington and Delaware, without reference to rules governing choice of laws. Any action relating to this agreement must be brought in the federal or provincial courts located in Washington State or Delaware, and you irrevocably consent to the jurisdiction of such courts. You may not assign this agreement by operation of law or otherwise, without our prior written consent. Subject to that restriction, this agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this agreement.

This document was last updated January 16, 2008.