1. General These Terms and Conditions (the "Affiliate Agreement") govern the Affiliate Program that is made available by Secom App via Shopify in regards to Birthdate Candles (BirthdateCandles.com) . These Terms and Conditions represent the whole agreement and understanding between Website.com and the individual or entity who participates in the Affiliate Program (the "Affiliate", or "you"). Please read this agreement careful as it represents a legally binding agreement between you and Website.com. By submitting your application and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. Website.com may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that Website.com believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.
2. Referral Tracking Birthdate Candle will provide the Affiliate with specific Referral Links to link advertisements and other marketing content to BirthdateCandles.com. Birthdate Candles will track users who have visited these Referral Links using cookies which expire after 30 days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard. The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. Website.com is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.
3. Affiliate Fees and Payouts An affiliate is eligible for payout of 15% of net commissions at the end of the next calendar month if they meet all of these criteria:
The affiliate makes at least three posts (story or feed) featuring their code and a Birthdate Candle.
The affiliate’s account remains active and in good standing.
The affiliate remains responsive and in clear communication with the Birthdate Candles team.
Failure to meet any of these criteria will permanently disqualify the affiliate from receiving any potential payouts.
All Affiliate Fee payments will be payable in United States Dollars only, except as otherwise determined by BirthdateCandles.com in its sole discretion. Payment will be made through PayPal against a valid invoice issued by the Affiliate using the invoice generation and submission tool located in the Affiliate Dashboard. The Affiliate is responsible for providing BirthdateCandles.com with the full and accurate details that are required to remit the Affiliate Fees, and is solely responsible for any delays in payment resulting from its failure to do so.
4. Advertisements BirthdateCandles.com hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use the Birthdate Candles name for the sole purpose of promoting our service within the context of the Affiliate Program. This license will expire upon termination of the Affiliate's participation in the Affiliate Program. The Affiliate may only display advertisements that contain Birthdate Candle’s name/logos or service marks in good taste. The Affiliate may not use BirthdateCandles.com's logos or service marks in a manner that, in BirthdateCandles.com's sole discretion, portrays Birthdate Candles in negative light. The Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws. BirthdateCandles.com may, without prior notice, require the Affiliate to remove or modify any advertisements in BirthdateCandle.com's sole discretion.
5. Termination The Affiliate may terminate the Affiliate's participation in the Affiliate Program with immediate effect by giving the other party a written notice of termination. BirthdateCandles.com reserves the right to terminate the Affiliate's participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that BirthdateCandles.com, in its sole discretion, deems to be harmful to its business or any third party. Upon termination, the Affiliate will lose access to its Affiliate Dashboard and will forfeit all potential or unpaid Affiliate Fees.
6. Relationship of Parties BirthdateCandles.com and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on Website.com's behalf.
7. Limitation of Liability The Affiliate Program is provided on an "as is" and "as available" basis and the use of the Affiliate Program is at the Affiliate's own risk. BirthdateCandles.com makes no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program. BirthdateCandles.com is not responsible for any damages, injury or economic loss arising from the use of Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them. The Affiliate will indemnify and hold harmless BirthdateCandles.com, its directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate's or any third party's operations or use of the Affiliate Program.
8. Modification BirthdateCandles.com may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Affiliate Agreement to this web address: https://birthdatecandles.com/pages/register-affiliate-account
The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement. If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate this Affiliate Agreement. The Affiliate's continued participation in the Affiliate Program will constitute binding acceptance of such modifications.
9. Miscellaneous The Affiliate warrants and represents that it is over the age of 18 and is qualified to enter into this Affiliate Agreement. The Affiliate warrants and represents that its actions and its participation in the Affiliate Program is in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. BirthdateCandles.com reserves the right to terminate the Affiliate's participation in the Affiliate Program if BirthdateCandles.com determines, in its sole discretion, that the Affiliate's actions or its participation in the Affiliate Program is in violation of any laws, rules, regulations, or any requirements of governmental authority. This Affiliate Agreement constitutes the entire understanding between BirthdateCandles.com and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.