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Our Referrer Terms and Conditions

Partner Program Agreement

The following is a list of our complete terms and conditions that apply to all members of the The Witches Den Partner Program “the Agreement”, as between The Witches Den and the Partner (together, "the Parties"). Please read this agreement in its entirety.

By submitting the application form or linking to the the Witches Den partner program website you are deemed to have agreed to be bound to the terms and conditions set out in this agreement. Everyday language summaries are provided for your benefit and are not legally binding. Please read the “Partner Program Agreement” for the complete picture of your legal requirements. By using The Witches Den or any The Witches Den services, you are agreeing to these terms. Be sure to occasionally check back for updates.

COMMISSIONS: Tier 1 5% Tier 2 10% Tier 3 15% - Tier level based on Referral and Sales Accumulated

1. Definitions
1.1. Acquisition
Shall mean a monetary transaction made by a Lead who opens a The Witches Den account and conducts transactions on our platform.
1.2. Partner
Shall mean an entity that has agreed to the terms of the Partner Program herein to work with The Witches Den to promote the Service by (a) referring clients to The Witches Den; (b) developing The Witches Den store themes for merchant use; and/or (c) developing apps using the The Witches Den Application Interface (API) for merchant use. 1.3. Creative
Shall mean any marketing and/or promotional materials relating to The Witches Den and/or The Witches Den brands that are promoted by The Witches Den and The Witches Den Related Entities as The Witches Den deems necessary or appropriate.
1.4. Confidential Information
Shall include, but shall not be limited to, any and all information associated with the other Party’s business and not publicly known, including, the contents of this Agreement, specific trading information, technical processes and formulas, source codes, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary.
1.5. The Service
Refers to the The Witches Den software platform available via the The Witches Den website and any associated websites including www.stonescrystalemporium.com, and any others.
1.6. Lead
Shall mean any unique user that has registered for a paid The Witches Den account introduced by a The Witches Den Partner that actively promoted the Platform. A Lead cannot be a store opened and/or owned by a The Witches Den Partner and for which that partner seeks commissions or compensation pursuant to this Agreement.
1.7. Malware and Spyware
Relates to the use of pop-up banners that hide banners that are displayed on a website, the placement of icons beside keywords found in text that if clicked will take the visitor to another website, and other similar practices.
1.8. Names and Trademarks
Refers to any names and/or trademarks or any other protected marks associated with the The Witches Den.
1.9. Opt-in List
Shall mean the list of emails where the individuals on the list have expressly elected to receive e-mails from The Witches Den Partners.
1.10. Prospective Partners
Refers to any other marketing organizations and/or website owners and/or operators that may be potential partners of The Witches Den.
1.11 App Developer
Shall mean a The Witches Den Partner that develops applications using the The Witches Den Application Programming Interface (“The Witches Den API”) for distribution through the The Witches Den App Store.
1.12 The Witches Den Billing API
Refers to the billing program based on the The Witches Den API that allows merchants and Partners to create and issue charges to customers as well as remit payment to The Witches Den.
1.13. Related Entity[ies]
Shall mean any entity that, directly or indirectly, controls, is controlled by, or is under common control with, The Witches Den; where “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management policies of another, whether through the ownership of voting securities, by contract, as trustee or executor, or otherwise.
1.14. Territory
Shall mean any area, location, territory or jurisdiction as defined by The Witches Den from time to time and subject to the terms of use of the The Witches Den Service.
1.15. Websites
Refers to any The Witches Den account associated with websites that are managed by a The Witches Den Partner that currently have or will have a marketing arrangement with The Witches Den.
1.16. Term
“Lifetime” refers to the period of time the store is in existence, and/or the period of time the The Witches Den Partner has a partner relationship with the store, and/or the period of time the The Witches Den Partner has an active partner account.
WHICH MEANS
This section clarifies and defines any ambiguous words in the terms and conditions.

2.0 Responsibilities of the Partner
2.1 Activities
The The Witches Den Partner will use its best efforts to (a) promote and market The Witches Den, and (b) identify for The Witches Den prospective Leads. In no event shall The Witches Den Partner engage in any marketing or promotional activity related to The Witches Den in any area, location, territory or jurisdiction outside of the Territory as defined by The Witches Den from time to time. The Witches Den Partner shall bear all costs and expenses for such activities unless otherwise determined by The Witches Den, in its sole discretion.
2.2. Creative
All Creative will be solely provided by The Witches Den alone except where agreed to by The Witches Den in writing in advance. The Witches Den will provide The Witches Den Partner with copies of or access to Creative. The Creative shall be accessible from The Witches Den Partner Program website. The Creative is provided “as is” and without warranty of any kind.
WHICH MEANS
Partners will do their best to promote The Witches Den using the creative materials provided by The Witches Den.
2.3. Use of Creative
The Witches Den Partner may display Creative on the Websites solely for the purpose of marketing and promoting The Witches Den brands promoted by The Witches Den and by The Witches Den Related Entities during the term of this Agreement, or until such earlier time as The Witches Den may, upon reasonable prior notice, instruct The Witches Den Partner to cease displaying the Creative. The Witches Den Partner may not alter, amend, adapt or translate the Creative without The Witches Den's prior written consent. Nothing contained in any Creative shall in any way be deemed a representation or warranty of The Witches Den or any of The Witches Den Related Entity. The Creative shall at all times be the sole and exclusive property of The Witches Den and no rights of ownership shall at any time vest with the The Witches Den Partner even in such instances where the partner has been authorized by The Witches Den to make changes or modifications to the Creative.
WHICH MEANS
The creative materials The Witches Den provides cannot be changed and must be used only to promote the The Witches Den brand.
2.4. E-Mail Internet Marketing
In no event shall a The Witches Den Partner engage in any e-mail marketing or promotion with respect to The Witches Den and/or any The Witches Den Related Entity except as expressly set forth in this Agreement. In the event that The Witches Den Partner has an Opt-in List, The Witches Den Partner may make a written request to The Witches Den to send e-mails regarding the offering of The Witches Den and The Witches Den Related Entities to the individuals on the Opt-in List. In the event The Witches Den approves such request, The Witches Den Partner shall comply with all applicable laws, rules, regulations and directives, including but not limited to those relating to e-mail marketing and “spamming”. Without limiting the generality of the foregoing, The Witches Den Partner shall (a) not send any e-mail regarding The Witches Den and/or The Witches Den Related Entities to any individual or entity that has not requested such information and (b) always include “unsubscribe” information at the top and bottom of any e-mail regarding The Witches Den, The Witches Den Related Entities and/or the The Witches Den platform.
WHICH MEANS
Partners cannot send e-mail marketing materials about The Witches Den without its permission. If The Witches Den does give permission, the messages must comply with all the laws about this type of marketing.
2.5 Unauthorized & Prohibited Marketing Activities
In addition to the restrictions of Section 2.4 above, a The Witches Den Partner shall not (a) engage in any fax, broadcast or telemarketing and any other offline marketing methods with respect to The Witches Den, The Witches Den Related Entities and/or The Witches Den; (b) use Malware and/or Spyware techniques or use any other aggressive advertising or marketing methods in any of its dealings relating to The Witches Den, The Witches Den Related Entities and/or The Witches Den; (c) make any false, misleading or disparaging representations or statements with respect to The Witches Den, The Witches Den Related Entities or The Witches Den; (d) misrepresent the The Witches Den Partner’s affiliation with The Witches Den; or (e) engage in any other practices which may affect adversely the credibility or reputation of The Witches Den, The Witches Den Related Entities or The Witches Den, including but not limited to, using any Website in any manner, or having any content on any Website, that (i) promotes sexually explicit materials, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age and/or any illegal activities or (ii) violates any intellectual property or other proprietary rights of any third party.
WHICH MEANS
The partner cannot engage in any illegal or aggressive marketing techniques on behalf of The Witches Den.
The partner must not make any false or misleading statements about The Witches Den or represent anything that could cause harm to the credibility of the company.
2.6 Prohibited Marketing Activities by a Partner
A The Witches Den Partner shall not purchase search engine or other pay-per-click keywords (such as Google AdWords), or domain names that use The Witches Den or The Witches Den Technologies' trademarks and/or variations and misspellings thereof.
WHICH MEANS
Partners cannot buy search engine advertising or domain names that mention “The Witches Den” in any way.
2.7. Compliance with Laws
In addition to, and without limiting the provisions of this Agreement, The Witches Den Partner shall perform its obligations hereunder in accordance with the highest applicable industry standards and in compliance with all applicable laws, rules and regulations.
WHICH MEANS
The partner will comply with all laws that apply to them.
2.8. Partner Duty to Inform
The Witches Den Partner shall promptly inform The Witches Den of any information known to The Witches Den Partner related to any Leads or prospective partners that could reasonably lead to a claim, demand or liability of or against The Witches Den and/or the The Witches Den Related Entities by any third party.
WHICH MEANS
The partner has to keep The Witches Den informed about leads and liabilities relating to the company.

3. Fees and payment
The Witches Den Partner shall be entitled to receive the Fees as set forth below under “The Witches Den Partner Commercial Terms” (the “Fees” and/or the “partner Fees”). The Fees shall be due on a periodic basis in accordance with the date of sign up to the Partner Program. All payments are subject to risk analysis considerations and Anti-Money Laundering procedures. The Witches Den reserves the right to demand and receive information about any Lead and to assess the competency of such Lead for payments. The Witches Den reserves the right to modify the Fee structure and/or the payment terms at any time upon reasonable advance notice to The Witches Den Partner. The Witches Den shall not be responsible to pay any commissions for a Lead created or owned in whole or in part by a The Witches Den Partner.
WHICH MEANS
The partner will be paid fees for the customers they provide. The Witches Den will periodically pay these fees and has the right to alter them with notice to the partner.

4. Termination
4.1. Termination
The Witches Den may terminate this Agreement at any time, with or without cause, effective immediately upon notice to The Witches Den Partner.
Fraudulent or other unacceptable behaviour as defined by The Witches Den can result in termination of partner/client relationship or termination of partner account entirely without notice to, or recourse for, the The Witches Den Partner.
The Witches Den Partner, can terminate this Agreement at any time, with or without cause, effective immediately upon notice to The Witches Den.
WHICH MEANS
Both The Witches Den and the partner can end this agreement at any time by providing notice. If there is fraud or any other unacceptable behavior by the partner, The Witches Den can end the agreement without notice.
4.2. Consequences of Termination
Upon expiration or termination of this Agreement: (a) each Party shall return to the other Party all property of the other Party in its possession or control (including all Creative and all Confidential Information); (b) The Witches Den Partner shall immediately cease displaying any Creative on any Website or otherwise; and (c) all rights granted to The Witches Den Partner hereunder will immediately cease.
WHICH MEANS
If the agreement ends, all creative material must be returned to The Witches Den and removed from the partner's websites.

5. Proprietary rights
5.1. Proprietary Rights of The Witches Den
As between The Witches Den Partner and The Witches Den, the Creative, all demographic and other information relating to Leads, Prospective partners and partners, the Platforms and all software, documentation, hardware, equipment, devices, templates, tools, documents, processes, methodologies, know-how, websites, and any additional intellectual or other property used by or on behalf of The Witches Den or otherwise related to The Witches Den, together with all copyrights, trademarks, patents, trade secrets and any other proprietary rights inherent therein and appurtenant thereto (collectively, “The Witches Den Property”) shall be and remain the sole and exclusive property of The Witches Den. To the extent, if any, that ownership of any The Witches Den Property does not automatically vest in The Witches Den by virtue of this Agreement, or otherwise, The Witches Den Partner hereby transfers and assigns to The Witches Den, upon the creation thereof, all rights, title and interest The Witches Den Partner may have in and to such The Witches Den Property, including the right to sue and recover for past, present and future violations thereof.
WHICH MEANS
All of the intellectual property you have access to belongs entirely to The Witches Den.
5.2. The Witches Den Trademarks
During the term of this Agreement, The Witches Den hereby grants to The Witches Den Partner a limited, revocable, non-exclusive and non-transferable license to display the The Witches Den trademarks, solely as necessary to perform The Witches Den Partner’s obligations under this Agreement. The Witches Den Partner acknowledges and agrees that: (a) it will use the The Witches Den trademark only as permitted hereunder; (b) it will use the The Witches Den trademark in a lawful manner and in strict compliance with all format(s), guidelines, standards and other requirements prescribed by The Witches Den; (c) the The Witches Den trademark are and shall remain the sole property of The Witches Den; (d) nothing in this Agreement shall confer in The Witches Den Partner any right of ownership in the The Witches Den trademark and all use thereof by The Witches Den Partner shall inure to the benefit of The Witches Den; and (e) The Witches Den Partner shall not, now or in the future, contest the validity of any The Witches Den trademarks or use any term or mark confusingly similar to any The Witches Den Trademark.
WHICH MEANS
The Witches Den owns the mark entirely and the partner agrees not to use it for anything illegal.

6. Confidential
Each Party agrees to use the other Party’s Confidential Information solely as necessary for performing its obligations hereunder. Each Party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (a) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such Party’s obligations hereunder, who each shall treat such Confidential Information as provided herein; or (b) as required by any law, regulation, or order of any court of proper jurisdiction over the Parties and the subject matter contained in this Agreement. Confidential Information shall not include any information which is: (i) in the public domain, or is already known by or in the possession of the non-disclosing Party, at the time of disclosure of such information; (ii) is independently developed by the non-disclosing Party without breaching any provisions of this Agreement; or (iii) is thereafter rightly obtained by the non-disclosing Party from a source other than the disclosing Party without breaching any provision of this Agreement.
WHICH MEANS
Both The Witches Den and the partner agree to use confidential information only to perform the obligations of this agreement.
Confidential information must be protected and respected.

7. Disclaimer of warranty
The Witches Den makes no warranties hereunder, and The Witches Den expressly disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, The Witches Den further disclaims all representations and warranties, express or implied, that the platforms do not infringe or otherwise violate any intellectual property or other proprietary right of any third party in any jurisdiction, including, but not limited to, the territory. The Witches Den Partner understands and agrees that the platforms may not satisfy all of the leads’ requirements and may not be uninterrupted or error-free.
WHICH MEANS
The Witches Den makes no warranties about the platform or the company's ability to satisfy the needs of the customers.

8. Limitation of liability and indemnification
8.1. Limitation of Liability
The Witches Den shall have no liability with respect to the platforms or its obligations under this agreement or otherwise for any indirect, consequential, exemplary, special, incidental or punitive damages even if The Witches Den has been advised of the possibility of such damages. In any event, The Witches Den’s liability to The Witches Den Partner under this agreement for any reason will be limited to the amounts paid to Partner by The Witches Den during the six (6) month period immediately preceding the event giving rise to the claim for damages. This limitation applies to all causes of action in the aggregate, including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts.
WHICH MEANS
The Witches Den is limiting its liability in regard to the platform and its obligations under the contract.
If there is a liability owed to the partner, The Witches Den will provide no more than what was paid to the partner 6 months prior to the event.
8.2 Indemnification
8.2.1. The Witches Den Partner Indemnification.
The Witches Den Partner agrees to indemnify, defend and hold harmless The Witches Den and any The Witches Den Related Entities and the directors, officers, employees, subcontractors and agents thereof (collectively, the “Indemnified Party”), with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, to the extent that such action is based upon or arises out of: (a) The Witches Den Partner ‘s breach of any representation, warranty, obligation or covenant under this Agreement; (b) The Witches Den Partner’s gross negligence or willful misconduct; or ( c) any warranty, condition, representation, indemnity or guarantee relating to The Witches Den and The Witches Den Related Entities granted by The Witches Den Partner to any Lead, Prospective partner or other third party.
WHICH MEANS
The partner will cover all costs associated with a claim made against The Witches Den if it is caused by negligence, misconduct or breach of contract on the part of the partner. 8.2.2. Notice of Indemnification.
In claiming any indemnification here under, the Indemnified Party shall promptly provide The Witches Den Partner with written notice of any claim which the Indemnified Party believes falls within the scope of the foregoing paragraphs. The Indemnified Party may, at its own expense, assist in the defense if it so chooses, provided that The Witches Den Partner shall control such defense and all negotiations relative to the settlement of any such claim and further provided that any settlement intended to bind the Indemnified Party shall not be final without the Indemnified Party’s written consent, which shall not be unreasonably withheld.
WHICH MEANS
The Witches Den will notify the partner if any of the above claims occur and may choose to assist in the defense.

9. Non-exclusive remedies
In the event (a) The Witches Den Partner markets or promotes The Witches Den and/or any The Witches Den Related Entity that promotes the The Witches Den platform to any person or entity outside of the Territory or (b) of any breach or threatened breach of any provision of Sections 2, 5 and/or 6 above, in addition to all other rights and remedies available to The Witches Den under this Agreement and under applicable law, The Witches Den shall have the right to (i) immediately enjoin all such activity, without the necessity of showing damages or posting bond or other security, (ii) immediately terminate this Agreement and The Witches Den Partner ’s engagement hereunder, (iii) receive a prompt refund of all amounts paid to The Witches Den Partner hereunder and (iv) be indemnified for any losses, damages or liability incurred by The Witches Den in connection with such violation, in accordance with the provisions of Section 8 above.
WHICH MEANS
If a partner markets the The Witches Den platform outside of the territory or breaches sections 2, 5 or 6, The Witches Den has rights outside of 'breach of contract'.

10. General provisions
10.1. Force Majeure
If the performance of any part of this Agreement by either Party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action (including, but not limited to, any law, regulation or embargo prohibiting the performance contemplated hereunder and/or the failure or refusal of a government agency to issue a license required for any performance pursuant to this Agreement), labor disputes, act of God or any cause beyond the reasonable control of that Party, the Party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such cause. Notwithstanding anything herein to the contrary, the Party prevented from performing hereunder by a force majeure event shall nevertheless use its best efforts to recommence its performance hereunder as soon as reasonably practicable and to mitigate any damages resulting from its non-performance hereunder.
WHICH MEANS
In case something serious happens outside the control of either The Witches Den or the partner, both will be excused from performance of duties associated with this event.
10.2. Independent Contractors
The Parties to this Agreement are independent contractors. Neither Party is an agent, representative or Related Entity of the other Party. Neither Party shall have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other Party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the Parties or to impose any liability attributable to such a relationship upon either Party.
WHICH MEANS
Both The Witches Den and the partner are considered to be independent contractors and are not agents of each other.
10.3. Notice
Any notice, approval, request, authorization, direction or other communication under this Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes (a) on the delivery date if delivered personally or by e-mail to the Party to which the same is directed; (b) two (2) business days after deposit with an internationally recognized commercial overnight courier service, with written verification of receipt; or (c) five (5) business days after deposit in certified or registered mail, return receipt requested, postage and charges prepaid, to the respective addresses of the Parties as set forth on the Registration Page.
WHICH MEANS
Notice is considered to be sent on the day it is emailed, 2 days after it is given to a courier, or 5 days after it is placed in the mail.
10.4. No Waiver
The failure of either Party to insist upon or enforce strict performance by the other Party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such Party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same shall be and remain in full force and effect. Each waiver shall be set forth in a written instrument signed by the waiving Party.
WHICH MEANS
If a provision is not enforced by either party, it does not mean that they are waiving their rights to that provision.
10.5. Entire Agreement
This Agreement, including all Exhibits hereto, sets forth the entire agreement and supersedes any and all prior agreements, written or oral, of the Parties with respect to the subject matter hereof as set forth herein. Neither Party shall be bound by, and each Party specifically objects to, any term, condition or other provision that is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is proffered by the other Party in any correspondence or other document, unless the Party to be bound thereby specifically agrees to such provision in writing.
WHICH MEANS
This is a complete agreement and replaces previous agreements.
10.6. Assignment
All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the Parties to this Agreement and to their respective heirs, successors, assigns and legal representatives. The Witches Den Partner shall have no right to assign or otherwise transfer this Agreement, or any of its rights or obligations hereunder, to any third party without The Witches Den’s prior written consent, to be given or withheld in The Witches Den’s sole discretion.
WHICH MEANS
The partner cannot assign away or transfer this agreement to another party without The Witches Den’s consent.
10.7. Applicable Laws
This Agreement shall be governed, construed and enforced in accordance with the laws of the Province of Ontario, Canada. Each Party agrees that any legal action, proceeding, controversy or claim between the Parties arising out of or relating to this Agreement may be brought and prosecuted only in a court of law in the Province of Ontario, Canada, and by execution of this Agreement each Party hereto submits to the exclusive jurisdiction of such court and waives any objection it might have based upon improper venue or inconvenient forum. By marking the 'I have read and agree to the terms and conditions' checkbox, The Witches Den Partner hereby fully agrees with all terms and provisions.
WHICH MEANS
This agreement is covered by the laws of Canada. If anything were to go wrong, Canada is where the issue would be litigated.

11. The Witches Den Partner Commercial Terms
11.1. Revenue Sharing Plans
All Fees payable to a The Witches Den Partner will be calculated based on either the Reference Plan or the App Plan (as defined below), whichever applicable. The “Reference Plan” is a revenue sharing plan applicable where a The Witches Den Partner introduces The Witches Den to a Lead. Under the Reference Plan, such The Witches Den Partner is entitled to twenty percent (20%) of the total revenue received by The Witches Den from such client, with The Witches Den being entitled to the remaining eighty percent (80%). The “App Plan” is a revenue sharing plan (together with the Reference Plan, the “Revenue Sharing Plans”) which allocates revenue between The Witches Den and a The Witches Den Partner who has been selected to have their app sold through The Witches Den (the “Select Apps”). Under the App Plan, a The Witches Den Partner is entitled to eighty percent (80%) of the total revenues received by The Witches Den from the sale of such Select Apps, with The Witches Den being entitled to the remaining twenty percent (20%).
WHICH MEANS
Partners are paid according to either the Reference Plan or the App Plan.
When partners introduce The Witches Den to a customer, they are paid 20% of the total revenue the company gets from that client.
If the partner’s app is selected to be sold by The Witches Den, they are entitled to 80% of the total revenues the company receives for that app.
11.2. Payment Under Plans
For The Witches Den Partners and App Developers that utilize the The Witches Den Billing API, payments due under the Reference Plan and App Plan will be distributed to the The Witches Den Partner twice per month (the “Payment Period”) via the The Witches Den Billing API. If the account balance of a The Witches Den Partner is less than USD$25 at the end of the Payment Period, such funds will remain in the account until the end of the first Payment Period in which the account has USD$25 or more.

The Witches Den Partners and App Developers that do not utilize the The Witches Den Billing API shall submit payments due under the Reference Plan or App Plan to The Witches Den monthly by way of wire transfer. The The Witches Den Partner is responsible for contacting apps@the Witches Den.com to obtain the necessary banking information to execute the transfer. If the balance owed to The Witches Den is less than USD $1,000, the The Witches Den Partner may defer payment until the outstanding balance at the end of a payment period is USD $1,000 or more.

Notwithstanding the definition of Reference Plan in 11.1, The Witches Den shall not be responsible to pay any commissions for a Lead created or owned in whole or in part by a The Witches Den Partner.

The Witches Den reserves the right to cancel or modify the The Witches Den Partner Program Agreement in its entirety, including Fees & Payments and the The Witches Den Partner Commercial Terms, upon 60 days’ notice to a The Witches Den Partner.
WHICH MEANS
If the Partner uses the The Witches Den Billing API, the fees will be paid to the partner two times per month, unless the balance owed is less than $25. If this is the case, The Witches Den will pay when the account grows to more than $25.
If the Partner does not use the Billing API, the partner is responsible for transferring shared revenue to The Witches Den once the amount owed to The Witches Den reaches USD $1,000. The Witches Den can change or eliminate sections of the terms and conditions as long as they provide 60 days notice to the partner.
11.3. Reporting and Audit
App Developers that do not utilize the The Witches Den Billing API shall submit to The Witches Den a report indicating total revenues per quarter, within 30 days following the end of the App Developer’s fiscal quarter.
The Witches Den shall have the right to appoint an independent auditor approved by App Developer, such approval not to be unreasonably withheld, under appropriate non-disclosure conditions, to audit App Developer’s records to confirm App Developers’s compliance with this Agreement. Any independent auditor appointed by The Witches Den shall provide App Developer with a report (along with supporting documentation) indicating the amount by which App Developer has overstated or understated the payments due by App Developer and a report on any other failures by App Developer to fulfill its obligations under the Agreement. Prompt adjustment shall be made by the proper party to compensate for any overpayments or underpayments disclosed by any such audit. The Witches Den shall bear all of the costs of any such audit, unless such audit reveals underpayment by more than five percent (5%) for the audited period, in which case, App Developer shall reimburse The Witches Den for all of the reasonable costs of such audit. In addition to the foregoing audit rights, The Witches Den shall also have the right to use the capabilities of the Service to confirm the number of Apps sold by the App Developer.
WHICH MEANS
App Developers that do not use the The Witches Den Billing API must inform The Witches Den of total App sales each quarter.
The Witches Den can audit an App Developer's records to ensure the App Developer is remitting revenue to The Witches Den in accordance with the App Plan.

12. Additional considerations
As a courtesy please be advised that the Federal Trade Commission in the United States (“FTC”) has guidelines for governing endorsements and testimonials. These rules are aimed at increasing transparency between endorsers and consumers. As members of the Partner Program with The Witches Den you receive compensation for the affiliate referrals you make to the company. This may establish a “material connection” according to FTC rules, which creates an obligation to provide disclosure to your consumers.
Full compliance with these guidelines requires that information be provided to your consumers clearly and conspicuously, outlining that you are being compensated for referring clients to The Witches Den. For further information you may refer to the statement released by the FTC regarding these guidelines.

13. NOTICE
These may change without notice at any time.
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