PartyLite (CA)

Affiliate Agreement - Reference FULL Terms & Conditions attached in Program Documents

Terms and Conditions

Effective Date: February 1, 2024

1. Introduction.

Thank you for Your interest in joining the PartyLite Gifts, Inc. (US) and PartyLite Gifts, Ltd. (Canada) (individually or collectively hereinafter, “PartyLite” or “Our”) Brand Ambassador Affiliate Program (“Program”). These Affiliate Terms and Conditions (“Agreement”) apply to Your participation as an independent consultant (hereinafter, “Affiliate”, “You”, or “Your”) in the Program utilizing the ShareASale (US) and AWIN (Canada) affiliate marketing platform (“Platform”) and constitute a binding legal agreement between you as an authorized Affiliate and PartyLite.  

This Agreement provides important information concerning disclosures under federal and state law that you are required to comply with when engaging in promotional activities. Please read this Agreement carefully before registering as an Affiliate.  

By submitting an application to register for the Program, You indicate Your acceptance of the terms and conditions under this Agreement. If You do not agree with the terms of this Agreement or if You are dissatisfied with the Program, Your sole remedy is to discontinue participation in the Program.  PartyLite reserves the right to approve or reject any application in Our sole and absolute discretion. Please allow up to three (3) business days for Your application to be reviewed. If Your application is denied and You would like PartyLite to review Our decision, please contact us at csna@partylite.com with Your reasoning and allow another three (3) business days for a final decision.

Your participation in the Program is solely for the purpose of legally promoting PartyLite products (“Products”) in exchange for commissions in amounts and percentages as determined by PartyLite (“Commissions”) and any additional rewards PartyLite may offer based on Products purchased by individuals who You refer to PartyLite through Your own website and/or social media accounts.

PartyLite reserves the right, in its sole discretion, to modify the terms and conditions of this Agreement, including commission rates, payments, and rewards paid to Affiliates regardless of whether such changes result in an increase or decrease in Commissions payable to Affiliates. Current Affiliates will be notified in advance of upcoming changes to this Agreement. All changes to this Agreement are effective immediately upon posting a revised Agreement on the Platform. Your use of the Platform any time after such posting affirms Your consent to the revised Agreement, which will be binding on You.

1. Services of Affiliate.
   1. You agree to market and promote the sale of PartyLite’s Products utilizing certain social selling methods and other techniques on behalf of PartyLite as more fully described herein. As an independent contractor, You are free to devote such time, energy, and skill as You determine is necessary and appropriate to achieve Your own self-established sales objectives, which do not require PartyLite’s approval.  
2. No Guarantee of Compensation. You acknowledge and agree that PartyLite has not, and does not, guarantee or otherwise represent that You will earn any specific amount of compensation or be profitable as an Affiliate. Further, You agree not to represent to others, either directly or indirectly, that an Affiliate of PartyLite is guaranteed or likely to generate compensation, or that any compensation or profits may be derived as an independent contractor to PartyLite. You acknowledge and agree that Your compensation as an Affiliate, if any, is dependent solely and exclusively on Your efforts to promote the sale of PartyLite Products to the end-user / customer.
3. Required Affiliate Disclosures.

IN ACCORDANCE WITH APPLICABLE LAWS YOU MUST, AS AN AFFILIATE, PUBLICLY, CLEARLY, AND HONESTLY DISCLOSE THAT YOU ARE RECEIVING COMMISSIONS WHEN A CONSUMER SELECTS YOUR AFFILIATE LINK, IN ACCORDANCE WITH THE FOLLOWING:  

1. Frequency: Your disclosure must appear on every webpage, email, social media post, or other location where You publish an Affiliate link and promotional content. 
2. Conspicuous:  Your disclosure must be easy to see, distinct, and unavoidable. Consumers must not be required to scroll through an email or webpage, select a separate link, or watch a video before seeing the disclosure. The disclosure must not be in a different size font or color than surrounding text, and it cannot be hidden in larger blocks of text or placed in a sidebar, footer, or other location separate from Your Affiliate link and promotional content.
3. Open, Honest, and Unambiguous:  Your disclosure must be open and honest about Your receipt of Commissions. You must not imply that You are impartial in promoting PartyLite. Your disclosure must not be ambiguous or vague about Your receipt of Commissions. For instance, You cannot generically refer to the Affiliate link as a “paid link” or “ad” without disclosing that You are the person being paid.  And the disclosure must not be written in generic terms, such as boilerplate language stating that Your posts or website, “may include paid content from time to time.”
4. No Kickbacks, Incentives, or Pay-Per-Click Advertising.  You must not offer or promise any inducements or incentives for consumers to select Your Affiliate link, such as offering to split Commissions or offering Your own products or services in exchange for selecting an Affiliate link. Further, Pay-Per-Click (“PPC”) advertising is strictly prohibited without prior written authorization of PartyLite.  PPC includes, without limitation, paying or offering payment to third parties each time Your Affiliate link is selected, paying third parties for priority placement of promotional content or Your Affiliate link, or bidding on or paying for key words as search terms that influence promotional content and Affiliate link placement.
5. Affiliate Identification.  You shall conspicuously identify Yourself as a PartyLite Affiliate and an independent contractor in all advertising, directory listings, promotional material, social media postings, and other forums in which You promote the Products, services and/or the PartyLite business. You are responsible for the content of all material and postings that You produce on any website or social media site, including those which You own, operate, or control, or through any other media.
6. Goodwill. You shall diligently and in good faith safeguard and promote the good reputation of: (i) PartyLite, its directors, officers, agents, advisors, and employees, and (ii) PartyLite Products. You shall avoid all deceptive, misleading, unethical, or immoral conduct or practices while acting as an Affiliate, and You shall not disseminate or publish any material using PartyLite’s name or its Products on websites or through other channels that promote or condone illegal products or services. While free to conduct business according to Your own methods, You agree not to engage in any conduct that may damage the goodwill, reputation, brand, management, personnel, or the business of PartyLite or other Affiliates of PartyLite. 
7. Non-Disparagement.  You shall not at any time or in any manner while this Agreement remains in effect, make or cause to be made any statements that disparage PartyLite or damage PartyLite’s reputation. Should You make such a statement to anyone, including but not limited to the media, public interest groups, and publishing companies via written, auditory or verbal communication, or through any website or social media outlet, such act will be deemed a material breach of this Agreement. 
8. Offensive Conduct.  You shall not at any time or in any manner while this Agreement remains in effect, make or cause to be made any social media postings, or link to or from any postings or other material that is or could be considered abusive, sexually explicit, obscene, pornographic, profane, hateful, threatening, harmful, hateful, defamatory, libelous, slanderous, deceptive, fraudulent, invasive of another’s privacy, tortious, threatening, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise), graphically violent, solicitous of any unlawful behavior, or that engages in personal attacks or political attacks (or viewpoints or opinions) on any individual, group, corporate entity, or government department or agency, or otherwise violates PartyLite’s policies. PartyLite selectively monitors all avenues of advertising to ensure appropriate messaging and has the right to require removal of any materials that PartyLite deems inappropriate to Our core values and brand standards.
9. Viruses and Malware.  You shall not engage in any conduct or disseminate or authorize any material that contains software, viruses, malware, or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
10. Legal Compliance. You shall comply with any and all applicable laws, rules, and regulations pertaining to this Agreement, including the marketing and sale of the Products, and shall not engage in any act or omission that constitutes a violation thereof. You understand and agree that a violation of any of the terms and conditions under this Agreement is grounds for immediate termination of this Agreement, as well as any and all purchasing privileges of Affiliate, at the sole discretion of PartyLite.
11. PartyLite Warranty Disclaimers and Limitation of Liability.
12. PARTYLITE DISCLAIMS ALL WARRANTIES FOR USE OF THE PLATFORM AND PARTICIPATION IN THE PROGRAM, WHETHER EXPRESS, IMPLIED, STATUTORY, WRITTEN OR ORAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR FITNESS FOR ANY PURPOSE WHATSOEVER, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, SATISFACTORY QUALITY, NONINTERFERENCE, OR ACCURACY OF CONTENT. FURTHER, PARTYLITE MAKES NO WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE PRACTICE, OR OTHERWISE, OR ANY EARNING POTENTIAL, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
13. THE SERVICES AVAILABLE THROUGH THE PLATFORM AND PROGRAM, OR OTHERWISE, ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, PARTYLITE MAKES NO WARRANTY THAT THE PLATFORM OR THE PROGRAM, MATERIALS, CONTENT, PRODUCTS, GOODS, DATA, INFORMATION, SOFTWARE, OR RESULTS WILL MEET USER REQUIREMENTS OR WILL BE ERROR-FREE, RELIABLE, ACCURATE, TIMELY, OR EFFECTIVE.  
14. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PARTYLTE BE LIABLE FOR ANY DIRECT, INDIRECT, ACTUAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, EMOTIONAL DISTRESS, LOSS OF CONSORTIUM, OR CONTINGENT DAMAGES OF ANY KIND, OR ANY COSTS OF LITIGATION, LOST PROFITS, LOST INCOME, LOST REVENUE, OR LOST BUSINESS OPPORTUNITY, ARISING OUT OF ANY CLAIM OF ANY NATURE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, INFRINGEMENT, OR OTHERWISE. NOR SHALL PARTYLITE HAVE A DUTY TO DEFEND SUCH CLAIMS ON YOUR BEHALF. TO THE EXTENT ANY DAMAGES ARE DEEMED RECOVERABLE AGAINST PARTYLITE, IN NO EVENT WILL PARTYLITE’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY, ARISING FROM ANY CAUSES OF ACTION OR THEORY OF LIABILITY, EXCEED AMOUNTS PAID BY PARTYLITE TO YOU DURING THE SIXTH (6) MONTH PERIOD IMMEDIATELY PRECEDING THE UNDERLYING CAUSE OF ACTION.