Forever Home Candle Rescue Network Program Terms & Conditions

Important Note: This document governs your participation in the Forever Home Candle Rescue Network Program. By submitting your application, you agree to be bound by all the terms and conditions outlined below.

I. Introduction and Definitions

1. Acceptance of Terms

By submitting the Forever Home Candle Rescue Network Program Application, the Member fully acknowledges and agrees to be bound by these Terms and Conditions ("T&Cs"). These T&Cs govern the participation of the Member in the Program, and the relationship between Forever Home Candle and the Member.

2. Definitions

• Company: Refers to Forever Home Candle, the operator and administrator of the Program.
• Member: Refers to the legally defined non-profit animal rescue or shelter organization accepted into the Program.
• Program: Refers to the Forever Home Candle Rescue Network Program, as described in these T&Cs.
• Rescue Code: Refers to the unique, organization-specific code or link provided by the Company to the Member for promotional purposes and tracking Qualified Sales.

3. Purpose

The purpose of the Program is to provide consistent, reliable financial support to the Member through donations generated by the sale of Forever Home Candle products to the Member's community using their unique, organization-specific code or link.

II. Eligibility and Verification

1. Eligibility Requirements

To be eligible for the Program, the applying organization must be a registered non-profit organization holding valid 501(c)(3) status in the United States, and must operate within the Continental United States. The organization's primary mission must be the rescue, rehabilitation, and rehoming of animals.

2. Application Review and Rights

The Company reserves the exclusive right to review, approve, or reject any application for any reason, including, but not limited to, failure to meet eligibility criteria or concerns regarding the organization's mission or public standing. The Company is not required to provide a reason for rejection.

3. Verification

The Member agrees to provide accurate and truthful information in the application and, upon request, must promptly furnish official documentation, such as the organization's Tax ID Number (EIN) or official IRS Determination Letter, to verify its non-profit status. Failure to provide verification may result in the suspension or termination of the Member's account.

III. Financial and Payment Details

1. Donation Structure

The Company commits to donating a specific amount to the Member for every Qualified Sale made using the Member's unique Rescue Code or link. The current donation structure is as follows:

• $1.00 USD per 1-Pack/Single Candle
• $5.00 USD per 3-Pack Candle Set
• $12.00 USD per 6-Pack Candle Set
• $30.00 USD per 12-Pack Candle Set
• $5.00 USD per Shirt (Apparel)

2. Qualified Sales

A "Qualified Sale" is defined as a completed and paid customer order made directly on the Company's website where the Member's Rescue Code was successfully applied at checkout or the purchase was tracked through the Member's unique link.

Exclusions: Sales that do not qualify for a donation include, but are not limited to: orders that are subsequently cancelled, returned, or refunded; wholesale or bulk orders; sales made before the Member's official approval date; or sales where the Rescue Code or link was not used.

3. Payment Schedule and Method

Donations accrued from Qualified Sales during the previous calendar month will be calculated and paid to the Member on the second Friday or by the 14th calendar day of every calendar month. Payments will be made via the method agreed upon between the Company and the Member during the application process (e.g., check or direct deposit/ACH) and sent to the address or account details provided by the Member.

4. Payment Accuracy

The Member is solely responsible for ensuring that all payment information (mailing address for checks, bank routing/account details for ACH) provided to the Company is accurate and up-to-date. The Company is not responsible for payments delayed or misdirected due to incorrect information supplied by the Member.

IV. Member Responsibilities

1. Promotion

The Member is solely responsible for promoting its unique Rescue Code and link to its community, supporters, and followers. All promotional activities must be conducted lawfully, ethically, and in a manner that reflects positively on both the Member and the Company.

2. Accuracy of Information

The Member warrants that all information provided in the Program application and subsequent communications, including contact details and payment information, is truthful, complete, and accurate. The Member must notify the Company promptly of any changes to this information.

3. Prohibited Activities and Code Usage

The Member agrees not to engage in any fraudulent, deceptive, or misleading practices to generate Qualified Sales. Prohibited activities include, but are not limited to: posting the Rescue Code or link on public coupon or discount aggregator websites; generating sales through artificial means; or using the Company's trademark in paid search advertising without prior written consent.

4. Consent for Listing

The Member grants the Company explicit permission to publicly list the Member's organization name, logo, and unique Rescue Code on the Company's website (e.g., in a Member Directory or similar listing) for the sole purpose of allowing customers to select the organization to receive donations.

V. Forever Home Candle Responsibilities

1. Product Fulfillment and Logistics

The Company shall assume full responsibility for all operational and logistical aspects of the Program, including, but not limited to: manufacturing and inventory management; processing, packing, and shipping of all customer orders; and managing all customer inquiries, returns, and exchanges related to the products and shipping.

2. Tracking and Payouts

The Company is responsible for maintaining the unique Rescue Code and tracking system necessary to accurately attribute Qualified Sales to the Member. The Company commits to calculating and delivering the accrued donations according to the Payment Schedule and Method detailed in Section III.

3. Member Support and Marketing Assets

The Company will provide reasonable support to the Member regarding technical assistance related to the Rescue Code/link, and clarification of these Terms and Conditions. Furthermore, the Company may periodically provide the Member with new digital marketing assets (e.g., images, pre-drafted posts) for optional use in promoting the Program.

VI. Intellectual Property and Marketing Consent

1. Grant of License by Member

The Member grants the Company a non-exclusive, royalty-free, worldwide license to use the Member's name, logo, trademarks, and associated materials provided by the Member (collectively, "Member IP") for the sole purpose of promoting the Member's participation in the Program and facilitating donations.

2. Ownership of Company IP

The Member acknowledges and agrees that all intellectual property rights related to Forever Home Candle products, trademarks, logos, website content, and the Rescue Code structure (collectively, "Company IP") remain the exclusive property of the Company.

3. Use of Company IP

The Member may use the Company IP (specifically the provided marketing assets and Rescue Code) only for the purpose of promoting the Program as detailed in these T&Cs. The Member shall not modify, alter, or use the Company IP in any manner that could imply endorsement of any third party or dilute the value of the Company's brand.

VII. Term, Termination, and Modification

1. Term

This Agreement shall commence on the date the Member receives written approval from the Company for admission into the Program and shall continue indefinitely until terminated by either the Member or the Company in accordance with the provisions of this Section.

2. Termination by Either Party

Either the Member or the Company may terminate this Agreement at any time, for any reason or no reason, by providing seven (7) calendar days written notice to the other party via the primary contact email. Upon termination, the Rescue Code will be deactivated.

3. Termination for Cause by the Company

The Company reserves the right to immediately terminate this Agreement and deactivate the Rescue Code without prior notice if the Member is found to be in material breach of these T&Cs, including but not limited to: engaging in any Prohibited Activities defined in Section IV; misrepresenting its non-profit status; or engaging in activities deemed harmful to the Company's reputation or brand integrity.

4. Post-Termination Payout

In the event of termination, the Company will process a final payment for all Qualified Sales accrued up to the date of termination and will be paid according to the schedule defined in Section III.

5. Modification of Terms

The Company reserves the right to modify these Terms and Conditions at any time. Any changes will be communicated to the Member via the primary contact email and will become effective thirty (30) days after the date of notification. Continued participation in the Program after the effective date of the modifications constitutes the Member's acceptance of the new T&Cs.

VIII. General Legal Clauses

1. Independent Contractor Relationship

The relationship between the Company and the Member established by these T&Cs is that of independent contractors. Nothing in this Agreement shall be construed as creating an employer-employee relationship, partnership, joint venture, or agency relationship between the parties.

2. Confidentiality

The Member agrees to keep confidential all non-public information received from the Company, including but not limited to sales data, proprietary Program details, and unreleased product information.

3. Disclaimer of Warranties

The Company provides the Program and associated Rescue Code/link "as is" and makes no warranties, expressed or implied, regarding the performance or functionality of the tracking system, the products, or the potential success of the fundraising efforts.

4. Limitation of Liability

The Company shall not be liable for any indirect, incidental, special, or consequential damages (including, but not limited to, loss of profits, revenue, or data) arising from or in connection with the Member's participation in the Program.

5. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Findley Lake, New York.