The stuff we pay the lawyer for
You must click the "accept" button at the bottom in order to join
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Ealain Draoi® Affiliates Program As used in this Agreement, "we" means Ealain Draoi and "you" means the applicant. You must be 18 years of age or older to enter into this Agreement with us.
Enrollment in the Program
To begin the enrollment process, you will submit a complete Program application via our site. We will evaluate your application and will notify you of your acceptance or rejection. We reserve the right to reject applications for any or no reason. Sites that we consider unsuitable include those that:
- promote sexually explicit materials
- promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- promote illegal activities
- otherwise violate intellectual property rights
- is otherwise harmful, threatening, or distasteful to us in our sole discretion.
If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement. We will not be liable for any lost profits as a result of our termination of this Agreement.
h4>Links on Your Site to Ours
Once you have been notified that your site has been accepted into the Program, we will make available to you banner advertisements,logos, buttons and/or text links.
- We will provide a number of banners/specific product links and will assist you in creating any banners/buttons that is specific to your needs
- You may not change our product pictures/banners/logos/buttons in any way; you may however change any text links to any non-derogatory language to suit your website.
- To permit accurate tracking and reporting the links we provide you will add your unique user number to the link from your site to ours. You are responsible for ensuring that each of the links has a functioning user tag. You agree not to modify this tag in any way. You will earn referral fees only with respect to activity on our site occurring directly through your user number tag link; we will not be liable to you with respect to any failure by you to use this user number tag link, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
- You may add or delete links from your site at any time without our approval.
Order Processing
We will process product orders placed by customers who follow user number tag links from your site to our site. We reserve the right to reject orders that do not comply with our requirements. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service. We will track sales made to customers who purchase products by using user number tag links from your site to our site and will make available to you reports summarizing this sales activity.
- Qualifying Products
- Products that are eligible to earn referral fees under the rules set forth above are referred to as "Qualifying Products."
- Qualifying products are gross shipped sales ;
- Excluding shipping charges, gift wrapping charges, taxes, custom charges, credit card processing fees, "bad" check fees and sales of any additional candle products, which is identified as purchases of stand alone Crystal Journey products be they single candles or boxes of candles.
- Returns will be handled by us according to our policies and will not be deducted from your accrued referrals unless the quantity of returns from your sales is in excess of 10% of your sales.
- All candle luminary products are included in this program, including sale items, custom items, personalized items and any other special luminaries we may or may not add to our website.
- Special reduced pricing luminaries for non-profit organizations or resale orders that we may or may not accept are not included in this program.
- The order must be completed on our site, phone orders if identified by the end customer, as coming from your site will be manually added to your account.
- The purchase must be completed during a "Session".
A "Session" shall mean the period beginning upon a visitor's entry to our website (regardless of whether the visitor leaves and then returns to the site) To keep track of the Session, we use a small text file called a "cookie" which is placed on the hard drive of the visitor's computer. Some web browser cannot receive cookies. Some visitors may delete our cookie. Only visitors, who accept cookies can be tracked for referral fees, we cannot be responsible for loss of referral fees for visitors who do not accept or delete our "cookie".
Referral Fee Payment
We will pay you 10% of all shipped sales and 15% if you have been identified by us as a non-profit organization. You will also earn 2% as a "secondary affiliate" identified as when and if a visitor that has entered our site via a user number tagged link from your website, signs up to become a primary affiliate. You may not refer yourself or any websites owned by you as a primary affiliate.
- Checks will be mailed on the 10th of every month covering the period of the month previous, a month constituting the period of time between the 1st of the month and the 1st of the next month.
- We will accrue and withhold referral fees until the total amount due is at least $20.00.
- If you or we end our agreement, you will be paid any accrued fees, even if less than the $20.00 figure, on the 10th of the next month.
- We are not responsible for slow checks mailed via the United State Postal Service.
- We will set the prices for all items on our website, and from time to time may offer sales or reduced pricing; as such you are responsible for changing any pricing information included on your website.
Limited License
We grant you a nonexclusive, revocable right to use the graphic image and text and such other text or images for which we grant express permission, solely for the purpose of identifying your site as a participant and to assist in generating product sales. You may not modify the graphic image or any other of our images, in any way. We reserve all of our rights in the graphic image any other images, our trademarks and logo, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.
Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
- the technical operation of your site and all related equipment
- creating and posting product descriptions/banners/buttons/images on your site and linking those descriptions to our website
- the accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials)
- ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- ensuring that materials posted on your site are not libelous or otherwise illegal
We disclaim all liability for 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 contents of your site.
Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all our trademarks, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are eligible to earn referral fees only on sales of qualifying products that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned.
Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Our Relationship
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 parties. 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 otherwise, that reasonably would contradict anything in this Section.
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 this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the 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, noninfringement, 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, and we will not be liable for the consequences of any interruptions or errors.
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.
This Agreement will be governed by the laws of the United States and the state of Maine, without reference to rules governing choice of laws. 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 be 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.
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NOTE - After you join, you'll see a link on the left that says "get html", we don't use that section for our html code for banners and text links, we use Banner / Text Links
Rainbow Bridge
and
Pet Illuminations
at Ealain Draoi
P.O. Box 208
Minot, ME 04258
Toll Free - 877-805-9944
