Important Notice to Residents of Arkansas, California, Illinois, Iowa, Kansas, Maine, Minnesota, Missouri, New York, North Carolina, Pennsylvania, Rhode Island and Virginia.

Notice to Residents of Arkansas

Effective October 25, 2011, Arkansas changed its definition of a retailer subject to sales and use tax collection to include retailers engaged in the business of selling tangible personal property or taxable services who enter into an agreement with an Arkansas resident that refers, directly or indirectly, potential purchasers by a link on an Internet website or through other means for a commission or other consideration.

Due to this change in Arkansas law, X8 Brands will no longer be able to allow any Arkansas residents to be "Publishers" in the X8 Brands Affiliate Marketing Program.

Notice to Residents of California

Effective July 1, 2011, California has changed its definition of a "retailer engaged in business in this state" to include any retailer who enters into an agreement with a California resident that refers potential purchases of tangible personal property, whether by Internet-based link on an Internet website or otherwise, to that retailer.

Due to this change in California law, X8 Brands will no longer be able to allow any California residents to be "Publishers" in the X8 Brands Affiliate Marketing Program.

Notice to Residents of Illinois

Effective July 1, 2011, Illinois has changed its definition of a "retailer maintaining a place of business in this State" to include sellers such as X8 Brands, who enter into an agreement with an Illinois resident that refers potential customers, whether by link on an internet website or otherwise. Illinois has publicly stated that it will be very aggressive in enforcing this new law.

Due to this change in Illinois law, X8 Brands will no longer be able to allow any Illinois residents to be "Publishers" in the X8 Brands Affiliate Marketing Program.

Notice to Residents of Iowa

Effective January 1, 2013, Iowa expanded its definition of "maintaining a place of business in this state" such that a retailer will be in Iowa if a person with substantial nexus conducts any activities in the state that are significantly associated with the retailer’s ability to establish and maintain a market in the state for the retailer’s sales.

Due to this change in Iowa law, X8 Brands will no longer be able to allow any Iowa residents to be "Publishers" in the X8 Brands Affiliate Marketing Program.

Notice to Residents of Kansas

Effective July 1, 2013, an out-of-state retailer is presumed to be doing business in the State of Kansas if the retailer enters into an agreement with one or more residents of Kansas under which the resident, for a commission or other consideration, directly or indirectly refers potential customers, whether by a link or an Internet website, by telemarketing, by an in-person oral presentation, or otherwise.

Due to this change in Kansas law, X8 Brands will no longer be able to allow any Kansas residents to be "Publishers" in the X8 Brands Affiliate Marketing Program.

Notice to Residents of Maine

Effective, June 5, 2013, Maine changed its definition of a retailer subject to Maine sales and use tax collection. The new law states that an out-of-state retailer is presumed to be soliciting sales in the state if it enters into an agreement with a resident for a commission or other similar consideration for referrals of potential customers, whether by a link on a website or otherwise.

Due to this change in Maine law, X8 Brands will no longer be able to allow any Maine residents to be "Publishers" in the X8 Brands Affiliate Marketing Program.

Notice to Residents of Minnesota

Effective June 30, 2013, Minnesota changed its definition of what constitutes a retailer subject to Minnesota sales and use tax collection. Minnesota’s "solicitor nexus" law states that an out–of–state retailer is presumed to be soliciting sales in the state if it enters into an agreement with a resident for a commission or other similar consideration for referrals of potential customers, whether by a link on a website or otherwise.

Due to this change in Minnesota law, X8 Brands will no longer be able to allow any Minnesota residents to be "Publishers" in the X8 Brands Affiliate Marketing Program.

Notice to Residents of Missouri

Effective July 1, 2013, Missouri clarified what is meant by the phrase, "engages in business activities within this state." Specifically, Missouri provided that a vendor is presumed to engage in business activities in Missouri if a vendor enters into an agreement with one or more Missouri residents under which the resident, for a commission or other consideration, directly or indirectly refers potential customers, whether by a link on an internet website, an in-person oral presentation, telemarketing, or otherwise, to the vendor.

Due to this change in Missouri law, X8 Brands will no longer be able to allow any Missouri residents to be "Publishers" in the X8 Brands Affiliate Marketing Program.

Notice to Residents of New York

On April 9, 2008, the New York Legislature enacted a new law that presumes a retailer "solicits" business in New York and is subject to use tax collection responsibilities if any in-state entity is compensated for directly or indirectly referring customers to the retailer. This includes any retailer who has entered into an agreement under which a "resident" of New York, for a commission or other consideration, directly or indirectly refers potential customers, whether by link on an internet website or otherwise, to the retailer. "Resident" is generally defined to be any individual or entity with a substantial nexus (physical presence) in New York and any corporation incorporated under the laws of New York.

Due to this recent change in New York law, X8 Brands will no longer be able to allow any New York residents to be "Publishers" in the X8 Brands Affiliate Marketing Program.

Notice to Residents of North Carolina

On August 7, 2009, the State of North Carolina passed a law that presumes a retailer is "soliciting" or "transacting" business in North Carolina by a third-party representative, and is subject to use tax collection responsibilities, if the retailer enters into an agreement with a resident of North Carolina under which the resident, for a commission or other consideration, directly or indirectly refers potential customers, whether by link on an internet website or otherwise, to the retailer.

Due to this recent change in North Carolina law, X8 Brands will no longer be able to allow any North Carolina residents to be "Publishers" in the X8 Brands Affiliate Marketing Program.

Notice to Residents of Pennsylvania

Effective September 1, 2012, Pennsylvania has provided guidance with respect to its definition of a retailer "maintaining a place of business in this Commonwealth" that includes any retailer who enters into a contractual relationship with an entity or individual physically located in Pennsylvania whose website has a link that encourages purchasers to place orders with the retailer.

Due to this interpretation of Pennsylvania law, X8 Brands will no longer be able to allow any Pennsylvania residents to be "Publishers" in the X8 Brands Affiliate Marketing Program.

Notice to Residents of Rhode Island

The Rhode Island Legislature recently enacted a new law that presumes a person is a "retailer" in Rhode Island and is subject to use tax collection responsibilities if any in-state entity is compensated for directly or indirectly referring customers to the retailer. This includes any retailer who has entered into an agreement with a resident of Rhode Island, under which the resident, for a commission or other consideration, directly or indirectly refers potential customers, whether by link on an internet website or otherwise, to the retailer.

Due to this recent change in Rhode Island law, X8 Brands will no longer be able to allow any Rhode Island residents to be "Publishers" in the X8 Brands Affiliate Marketing Program.

Notice to Residents of Virginia

Effective September 1, 2013, Virginia is authorized to require collection of sales and use tax by any remote seller, or a single or consolidated provider acting on behalf of a remote seller regardless of the location of the seller.

Due to this change in Virginia law, X8 Brands will no longer be able to allow any Virginia residents to be "Publishers" in the X8 Brands Affiliate Marketing Program.

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