These Terms and Conditions (the “Affiliate Agreement“) govern the Affiliate Program that is made available by Elevated Media, LLC dba TheWitchesBox.co, (“The Witches Box“, “we” or “us“). These Terms and Conditions represent the whole agreement and understanding between The Witches Box 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 The Witches Box. 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.
The Witches Box 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 The Witches Box believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.
Elevated Media LLC/The Witches Box will provide the Affiliate with specific Referral Links to link advertisements and other marketing content to TheWitchesBox.com. The Witches Box 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. The Witches Box is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.
Affiliate Fees and Payouts
A referral will become eligible for payout (“Eligible Referral“) at the end of the current quarter. Payments are sent out each March, June, September and December.
Purchases are eligible for payout when:
- The referral makes a purchase of any of the single purchase items in the store (ie, none subscription).
- The referral subscribes to one of the subscriptions services on The Witches Box and remains active for 60 past initial subscription.
- The referral’s account remains active and in good standing.
- The referral’s account has not had any of its payments refunded, charged back or otherwise reversed.
Failure to meet any of these criteria will permanently void the referral and disqualify the referral from any potential payouts.
The Affiliate is entitled to receive 10% of each item cost in United States Dollars for each active Eligible Referral that is recorded in the Affiliate Dashboard (“Affiliate Fee“).
Payment will be made through PayPal.
The Affiliate is responsible for providing The Witches Box 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.
Referrals will become void, and any unpaid Affiliate Fees will be forfeited, after 12 calendar months.
In the event of any activity deemed suspicious by The Witches Box, it may delay the payment of Affiliate Fees by up to 6 calendar months to verify the relevant transactions. The Witches Box reserves the right to recalculate, void, or disqualify any referrals or Affiliate Fees in the event of any fraudulent, deceptive or otherwise illegal activity.
Elevated Media LLC/The Witches Box hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use the Elevated Media LLC/The Witches Box logos 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 Elevated Media LLC/The Witches Box ‘s logos or service marks in good taste. The Affiliate may not use Elevated Media LLC/The Witches Box ‘s logos or service marks in a manner that, in Elevated Media LLC/The Witches Box sole discretion, portrays it in a 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. Elevated Media LLC/The Witches Box may, without prior notice, require the Affiliate to remove or modify any advertisements in Elevated Media LLC/The Witches Box ‘s sole discretion.
The Witches Box occasionally offers coupons to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:
- Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
- Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
- Users must be able to see coupons/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
- Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
- Affiliates may not create false coupon codes on Coupon/Deal sites that insinuate a coupon is available, when it is not. Referrals coming from coupon sites will not receive any credit for the purchase that might have resulted from that referral.
The Affiliate hereby agrees not to copy, alter, share, use, duplicate, distribute, or adapt any of the Elevated Media LLC/The Witches Box confidential information which is not directly provided or approved by the Elevated Media LLC/The Witches Box, or any confidential information—disclosed or otherwise—that comes into its possession under or in relation to this Agreement.
Confidential information includes, but is not limited to, the following types of private information and other proprietary information of a similar nature regarding the Elevated Media LLC/The Witches Box’s business:
Sales figures, software passwords, Promoter list size, list contents, ideas, stories, activities, curriculum, event format, presentation materials, presentation content, inventions, financial information, business plans, business processes, marketing plans, marketing strategies, marketing copy, financial projections, customer lists, customer financial information, personal information of executives, sponsorship strategies, relationships with other vendors, media delivery concepts and systems, including, but not limited to, web-based delivery systems, technical data, software designs, drawings, specifications, models, source code, object code, documentation, diagrams, flow charts, and other similar information that is proprietary to and confidential information of the Promoter.
The Affiliate shall not disclose the terms of this Agreement to any third party other than to the Affiliate’s employees and agents who (a) have a need to have access to such information; or (b) agree in writing to comply with the confidentiality provisions of this Agreement.
This Agreement imposes no obligation of confidentiality on the Affiliate with regard to any portion of Promoter’s confidential information (a) that is part of the public domain at the time of disclosure; or (b) that becomes part of the public domain after the Promotion without any unauthorized act by or omission of the Affiliate; or (c) if Affiliate can demonstrate by written records that he/she had independently developed knowledge of such confidential information prior to the date of disclosure; or (d) if permission to use or disclose said confidential information is first obtained by Affiliate in writing from Promoter; or (e) if Affiliate is required by law, regulation, rule, act, or order of any court or other government authority or agency to disclose such confidential information.
In general, Affiliate may not disclose any financial, personal, or business information about the Promoter or its executives (including Founder, Danielle LaPorte) without permission from the Promoter. Such disclosure is grounds for legal action, equitable relief, and termination of this Agreement.
The Affiliate may terminate the Affiliate’s participation in the Affiliate Program with immediate effect.
The Witches Box 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 The Witches Box, 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.
The following is a list of what could get an Affiliate account terminated:
- Inappropriate advertisements (False claims, misleading hyperlinks, etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Offering rebates, coupons, or other forms of promised kick-backs from your affiliate commission as an incentive.
- Self-referrals, fraudulent transactions, suspected Affiliate fraud.
Relationship of Parties
Elevated Media LLC/The Witches Box 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 Elevated Media LLC/The Witches Box ‘s behalf.
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. The Witches Box 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.
Elevated Media LLC/The Witches Box , nor it’s owner Elena Rego, 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 Elevated Media LLC/The Witches Box , 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.
Elevated Media LLC/The Witches Box 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://TheHolyWitch.com/affiliate_terms_and_conditions.
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.
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.
Elevated Media LLC/The Witches Box reserves the right to terminate the Affiliate’s participation in the Affiliate Program if The Witches Box 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 Website.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.