Colonial Candle

To view a printable version of Colonial Candle's Affiliate Agreement, please [ Click Here ]



Affiliate Agreement

Please read this Affiliate Agreement carefully before you join our Affiliate Program or begin marketing our Affiliate Program. By applying to be a Colonial Candle affiliate ("Affiliate"), you (a) agree to abide by these terms and conditions if you are accepted into the Affiliate Program, (b) acknowledge and agree that these terms and conditions constitute an agreement between our company and you upon your acceptance into the Program (the "Agreement"); (c) represent and warrant that you are lawfully able to enter into this Agreement; and (d) acknowledge and agree that you are and will remain in compliance (and will be responsible for assuring that your employees, agents, and contractors comply) with the terms and conditions of this Agreement. This Agreement is intentionally written in plain language to avoid any kind of legalese in order to ensure that this Agreement may be clearly understood and followed by Affiliates.


DEFINITIONS

As used in this Agreement:
"Colonial Candle®", "we", "us" or "our" refers to Colonial Candle (brands Manly Indulgence and Carolina Candle) and related websites.
"you" or "your" refers to you, the Affiliate.
"our website" refers to the Colonial Candle properties located at http://www.colonialcandle.com/ ; http://www.carolinalcandle.com/ ; http://www.manlyindulgence.com/ .
"your website" refers to any website, web pages, or other online services that you control and will link to our website.
"Program" and "Affiliate Program" refer to the Colonial Candle Affiliate Program.
"Products" refers to any products sold or distributed by Colonial Candle or related brands.
"Qualifying Purchases" refers to purchases made when all of the following requirements are made:
(i) a customer clicks through a special link on your website to our website; (ii) the customer adds a Product to his/her shopping cart and places the order for that Product no later than thirty (30) days following the customer’s initial click-through; and (iii) the purchased Product is paid for by the customer; (iv) the order is not returned within the thirty (30) day return period.

"Trademarked Terms/Negative Keywords" refers to the Colonial Candle’s registered trademarks as well as additional keywords unavailable for affiliate use; please [ Click Here ] for a current list.


ENROLLMENT

Program applications should be submitted through Share-A-Sale. After receiving your application, we will review your information and notify you of your acceptance or rejection into our Affiliate Program. To be eligible for our Affiliate Program, you must also agree to the Terms of Use of ShareASale, our Programs payment processor.
Though we aim to approve or reject all applications within 24 hours of being received, please allow up to 48 hours for review. We reserve the right to reject any application; however, we encourage you to contact us if you feel we have made an incorrect decision. Your inclusion of all of the websites that you plan to use in your profile will help us make a better decision.


RESPONSIBILITY FOR YOUR WEBSITE

You hereby represent and warrant that you will be solely responsible for your website, including its development, operation, and maintenance, and all data, content, and materials that appear on or within it. Colonial Candle will have no liability for any claims, damages, losses, liabilities, fines, penalties, costs, and expenses relating to (a) your website or any data, content, or materials that appear on your website; (b) the use, development, design, manufacture, production, advertising, promotion or marketing of your website; (c) your use of any content; and (d) your violation of any term or condition of this Agreement.


TRANSACTION LOCK DATES

For commission payments, all sales will remain in a "sales pending period" and will not lock until 30 days following the date of transaction ("lock date"). All commission payments will be sent via ShareASale by the 5th day of the calendar month following the lock date (e.g., when a transaction occurs on April 1st, it locks on April 30th, and the commission will be paid via ShareASale by May 5th; or when a transaction occurs on June 12th, it locks on July 12th and will be paid via ShareASale by August 5th.).


WEBSITE RESTRICTIONS

Your participating website(s) may not:
Infringe on our or anyone else’s intellectual property, publicity, privacy, or other rights.
Violate or be used to violate any law, rule, or regulation.
Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography, or sexually explicit materials.
Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to or may damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website.
Attempt to interfere with, harm, reverse engineer, steal from or gain unauthorized access to our website, user accounts, or the technology and equipment supporting our website.
Violate any of our policies.


LINKING TO OUR WEBSITE

Upon acceptance into the Program, links will be made available to you through the Affiliate interface. When linking to our website, you agree:
You will only use linking code obtained from the Affiliate interface without manipulation.
All domains that use your affiliate link must be listed in your Affiliate profile, which can be found on the My Settings page in your ShareASale account.
Your website will not in any way copy, resemble, or mirror the look and feel of our website. You will also not use any means to create the impression that your website is our website or any part of our website including, without limitation, framing of our website in any manner.
You may not engage in cookie stuffing or include pop-ups or false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
Your website may not use redirects to bounce a click off of a domain from which the click did not originate to give the appearance that it came from that domain is prohibited.


SUB-AFFILIATE NETWORKS

Promoting Colonial Candle through a sub-affiliate network is permitted only with prior approval by the Colonial Candle Affiliate Team, and only with the understanding that sub-affiliates may not be auto-approved by the sub-affiliate network. You must be completely transparent with regards to where traffic from your sub-affiliates originated. Sub-affiliate networks must ensure that all sub-affiliates promoting the Colonial Candle program adhere to our program terms and conditions. This includes restrictions on advertising through toolbars, browser extensions, and through any paid placements such as a pay-per-click campaign. Sub-affiliate networks must also receive approval before allowing any type of coupon sub-affiliate to promote the Colonial Candle program.
Failure to comply with our sub-affiliate network terms may result in a loss and/or reduction of commission from sales made through any sub-affiliate that does not comply with our program terms.


NO DECEPTIVE PRACTICES


If you engage in deceptive practices, such as redirecting links by sending users indirectly to our website via an intermediate site or website and without requiring a user to click on a link or take some other affirmative action on that intermediate site or website, we may in our sole discretion void your current and past commissions or set your commission level to 0%. This does not include using "out" redirects from the same domain where the affiliate link is placed.


PAY PER CLICK GUIDELINES

When participating in Pay Per Click ("PPC") advertising, you must adhere to our PPC guidelines as follows:
You may not bid on any of our Trademarked Terms or negative keywords (which are identified [ Here ]), including any variations or misspellings thereof, for search or content-based campaigns on advertising networks, search services, or similar services, including but not limited to Google, MSN or Yahoo.
You may not use our Trademarked Terms or negative keywords in sequence with any other keyword (i.e. Colonial Candle Coupons).
You may not use our Trademarked Terms in your ad title, ad copy, display name, or as the display URL.
You may not directly link to our website from any PPC ad or use redirects that yield the same result. Visitors must be directed to an actual page on your website.
You may not bid in any manner appearing higher than Colonial Candle for any search term in positions 1-5 in any auction style PPC advertising program.
If your PPC campaigns are automated, it is your responsibility to ensure both Trademark Terms and Negative Keywords are excluded from your program. We have a strict no-tolerance policy on PPC trademark bidding and the use of negative keywords. You will forfeit, at minimum, all commissions from the past 30 days and your commission will be set to 0%, pending termination from our affiliate program, without warning if you engage in PPC bidding that uses our Trademarked Terms or negative keywords. We reserve the right to add additional terms to our Trademarked Terms or negative keywords list at any time.


COUPON GUIDELINES

If your website promotes coupon codes, you must adhere to our Coupon Guidelines as follows or you will be subject to removal from the Program:
You may ONLY advertise coupon codes that are provided to you through the Affiliate Program or our Affiliate Network, (i.e. ShareASale) or that are displayed on our public website(s).
You may ONLY display coupons in their entirety with the full offer, valid expiration date, and code.
You may NOT post any information about how to work around the terms and conditions of a coupon/promotion (e.g., describing how existing customers can qualify as a first-time customers to benefit from an offer to first-time customers only).
You may NOT use any technology or technique that conceals or obscures the coupon code such that only an Affiliate click will reveal the code(s).
You may NOT advertise coupon codes obtained from our non-Affiliate advertising materials, email marketing materials, paid search campaigns, or any other marketing or campaign.
You may NOT give the appearance that any offer requires clicking from your website to redeem. For example, if all items over $100 on our website have free shipping, you may not turn this into an offer that implies that the customer must click from your website to get this deal.
If your website ranks on the first page of Google search results for Trademarked Terms combined with words such as a coupon, coupons, coupon code, promo code, etc. - you may be offered a lower commission than our standard rate to offset the reduced profitability of orders. The current rate we offer in these situations is 5%.


COMPLIANCE WITH LAWS

In connection with your participation in the Program, you agree to comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, including without limitation laws (federal, state or otherwise) that govern marketing e-mail, telephone calls, and text messages.


FTC's ADVERTISING DISCLOSURE REQUIREMENTS

Disclosures must be located as close as possible to the claims.
Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g., the disclosure should be visible before the jump).
Pop-up disclosures are prohibited.
You shall comply with all FTC guidelines and regulations related to advertising disclosure requirements.


DOMAIN NAMES

Your use of any of our Trademarked Terms as part of the domain or sub-domain for your website is strictly prohibited e.g., colonialcandle.website.com or www.colonialcandle-coupons.com, etc.


ADVERTISING & PUBLICITY

You shall not create, publish, distribute, or print any written or visual material that refers to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:
Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) and any applicable state laws.
E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of Colonial Candle.
As noted above, submit e-mail content to us for written approval in advance of distribution.


SOCIAL MEDIA

Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:
You ARE allowed to promote offers to your lists; more specifically, you are welcome to use your affiliate links on your own Facebook, Twitter, etc. pages. For example, You may post, "25% off sale at Colonial Candle through Wednesday with code SALE25."
You ARE PROHIBITED from posting your Affiliate links on Colonial Candle’s Facebook, Twitter, etc. company pages in an attempt to turn those links into affiliate sales.
You ARE PROHIBITED from running advertisements on our social media platforms using the Trademarked Terms.


OPERATIONS OUTSIDE THE UNITED STATES

If you are conducting business in or taking orders from persons in other countries, you will follow the laws of those countries. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive if you are conducting business in or taking orders from persons in one or more of the European Union countries.


REVERSAL & COMMUNICATION POLICY

We reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in this Agreement.
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be connected to a violation of this Agreement, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.
Your responses are intentionally vague, not forthcoming, or are found to be untrue.
You are not responsive to our requests within a reasonable period of time and after multiple attempts to contact you using the information listed in your network profile.
You cannot substantiate or validate the source of your traffic to our Program with clear and demonstrable proof.
If any of the above are applicable, we reserve the absolute right to reverse orders, set your commission to 0%, suspend or terminate you from the Program for any amount of time from the period or orders in question to permanent termination from the Program. We know that many violations are a result of automated processes; however, it is required that each Affiliate monitor and pro-actively resolve any problems and adhere to our Program rules.


RELATIONSHIP OF PARTIES

As an Affiliate, you are serving as an independent contractor, and nothing in this Agreement or the Affiliate Program, in general, creates an agency, franchise, partnership, sales representative, or employment relationship between you and Colonial Candle. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement that will reasonably contradict anything in this section.


TERMINATION OR REVISION OF THE AFFILIATE PROGRAM

We reserve the right to terminate or revise the Program at any time, including by providing a change notice, a revised Agreement, or revised documentation of the Program.


LIMITATION OF LIABILITY

YOU AGREE THAT WE AND OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT, THE PROGRAM, THE DOCUMENTATION, OUR WEBSITE, OR THE SERVICE OFFERINGS (AS DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES; FURTHER, TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR AGGREGATE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.


DISCLAIMERS

THE PROGRAM, OUR WEBSITE, ANY PRODUCTS OFFERED ON OUR WEBSITE, ANY SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, COLONIALCANDLE.COM DOMAIN NAME, OUR AND OUR AFFILIATES’ TRADEMARKS AND LOGOS (INCLUDING THE TRADEMARKED TERMS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE "SERVICE OFFERINGS") ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER WE NOR ANY OF OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR OTHERWISE WITH RESPECT TO PRODUCT OFFERINGS. NEITHER WE NOR ANY OF OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM, THIS AGREEMENT, PROGRAM CONTENT, OPERATIONAL DOCUMENTATION, OR OUR WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY TERMINATION OR MODIFICATION OF THE PROGRAM, THIS AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM.


MISCELLANEOUS

COLONIAL CANDLE MAY UPDATE THE TERMS OF THIS AGREEMENT FROM TIME TO TIME BY PUBLISHING A NEW VERSION VIA SHARE-A-SALE. BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING OUR POSTING OF ANY CHANGE NOTICE, REVISED AGREEMENT, OR REVISED DOCUMENTATION, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, AS AMENDED BY ANY SUCH CHANGE NOTICE, REVISED AGREEMENT, OR REVISED DOCUMENTATION, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY OUTLINED IN THIS AGREEMENT, AND HEREBY REPRESENT AND WARRANT THAT YOU WILL REMAIN IN COMPLIANCE WITH THIS AGREEMENT. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT BY NOTIFYING COLONIAL CANDLE.
NO WAIVER OF ANY PROVISION OF THIS AGREEMENT BY THE US SHALL BE DEEMED A CONTINUING WAIVER OF SUCH PROVISION OR ANY OTHER PROVISION, AND OUR FAILURE TO ASSERT ANY RIGHT OR PROVISION UNDER THIS AGREEMENT SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND COLONIAL CANDLE WITH RESPECT TO THE SUBJECT MATTER HEREIN AND SUPERSEDES ALL PRIOR WRITTEN AND ORAL AGREEMENTS, DISCUSSIONS, OR REPRESENTATIONS BETWEEN US.