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Affiliate Operating Agreement

This Affiliate Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in's Affiliate Program (the "Program"). As used in this Agreement, "we" and "our" means, also know as General Wax and Candle Company, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to's site or to the site that you will link to our site.

1. Application Process

To apply to the Program, you will submit a complete Program application on our site. We will evaluate your application in good faith and will notify you of its acceptance or rejection. We will reject your application if we determine, at our sole discretion, that your site is unsuitable for the Program. Unsuitable sites include, but are not limited to, those that: promote sexually explicit materials; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; promote illegal activities; or violate intellectual property rights. All accepted sites must link back to our site from locations that are accessible to the public, and from pages that are linked either directly from the home page or a link one level down from the home page. The pages must be available to search engine robots and should not be excluded from the robots by either a robots.txt file or robots Meta Tag information. The link must be prominently displayed and demonstrate the intent of having users navigate to our site.

2. Order Tracking

We will track and process product orders placed by customers who follow special links from your site to our site. We will send you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time at our discretion. To permit accurate tracking, reporting, and commission accrual, you must ensure that the special links between your site and our site are properly formatted. When a customer comes to our site from your links, our web server sends a client-side text string (cookie) containing your affiliate code to their computer. Our system uses those strings to identify your site and for our shopping cart system. Currently we cannot handle orders or affiliate data from customers who are unwilling to turn on their cookies. If a customer happens to link to us from more than one affiliate, the last affiliate that the customer was referred from will get credit for the sale.

3. Qualifying Products

For a product sale to qualify for a commission, the customer must: follow a link in the format specified by us from your site to ours; purchase the product using our online ordering system; accept delivery of the product at the shipping destination; and remit full payment to us. We reserve the right to reject orders that do not comply with requirements that we periodically may establish. We will credit your site for every qualifying purchase a customer makes, including repeat purchases, so long as your site was the last one to have made the referral and so long as the customer's purchases are completed within 14 days of having been referred.

4. Commissions

You will earn commissions based on the sale price of Qualifying Products according to schedules we establish. "Sale price" means the price as calculated in the user's cart for the merchandise only, and excludes all other costs associated with an order. The current commission schedule for the majority of customers purchasing via the internet is as below. The Commission schedule is subject to change without notice, although it will always be available and current in the Affiliate section of our website. The Commission schedule is effective for the invoice date and not the order date of said invoice. Sales to customer's with existing accounts who qualify for special pricing are not eligible to use the standard commission schedule, and for many customer's with special pricing, no affiliate commissions are offered.

Commission table

Code # Percentage
1 15%
2 12%
3 10%
4 8%
5 5%
6 4%
7 3%
8 2%
9 1%
0 0% (used for catalogs, etc.)

We will pay commissions monthly approximately 30 days following the end of the calendar month in which they are earned. We will send you a check for the commissions earned on products that were shipped during that month, less any taxes that we are required by law to withhold. Commissions are paid only on orders that are paid in full. Any orders with open balances will not be paid until the customer pays the invoice, or a credit is granted to the customer and the invoice is marked paid in full by our accounting department. However, if the commissions payable to you for any month are less than $25.00, we will hold those commissions until the total amount due is at least $25.00, or a higher amount if you selected that during registration, or if earlier, until this Agreement is terminated. If a customer returns a product for which we previously paid a commission, we will deduct the corresponding commission from your next payment. If a customer's payment is rejected, any commissions paid will be reversed in the first available time period. If thereafter your site accrues no commissions during the following month, we will send you a bill for the overpayment.

5. Policies, Pricing and Commission Percentages

Customers who buy products through this Program will be deemed to be customers of (General Wax and Candle). Accordingly, all rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged and commissions to be paid for products sold under this Program in accordance with our own pricing policies. Product prices, commission codes and availability may vary from time to time. Because price changes may affect products that you already have listed on your site, you may not include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

6. 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 ensuring that materials posted on your site are legal and do not violate or infringe upon the rights of any third party including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights. 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.

7. General Wax Copyrighted Information

You can use General Wax copyrighted information such as photographs, illustrations and descriptions during the tenure of this agreement as long as the specific General Wax copyrighted information is being used to sell products purchased only at General Wax. Other copyrighted information from other copyright holders can appear on the same page, but, General Wax copyrighted information cannot be used to sell products purchased from another manufacturer. Each page where General Wax copyrighted information is displayed shall have a copyright notice on the bottom, such as: "Some images and descriptions are copyright the manufacturer / distributor and are used by permission only," unless the images have's copyright watermark in the picture itself.

8. Terms of the Agreement

The terms of this Agreement will begin upon our acceptance of your Program application and will end when terminated by you or us. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn commissions on sales of Qualifying Products occurring during the term, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

9. 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 commissions, commission 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.

10. 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 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.

11. 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. Further, our aggregate liability arising with respect to this and the Program will not exceed the total commissions paid or payable to you under this Agreement.

12. 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, merchant ability, 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, and we will not be liable for the consequences of any interruptions or errors.

13. Independent Investigation


14. Miscellaneous

This Agreement will be governed by the laws of the United States and the state of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Los Angeles, California, 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.

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