This agreement describes the terms and conditions for participation in the HILO HATTIE Affiliate Program. The terms "Affiliate", “you”, and "your" are referring to you, the applicant. “We" and "our" refer to HILO HATTIE.
We are independent parties and this agreement will not form any partnership. Affiliate shall provide services for HILO HATTIE as an independent contractor. Affiliate shall have no authority to bind HILO HATTIE into any agreement, nor shall Affiliate be considered to be an agent of ours in any respect.
We will evaluate your enrollment form in good faith and notify you of your acceptance or rejection as one of our affiliates. By enrolling to join our Affiliate Program, it means that you have accepted our Participation Agreement terms as outlined herein. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
This agreement will begin upon our acceptance of your enrollment and will end when terminated, with or without cause, by giving the other party written notice of Termination. If any parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect.
By posting a Change Notice or a new agreement on this site, we may modify any of the terms and
conditions within this Agreement at any time and at our sole discretion. These modifications may
include, but are not limited to changes in the scope of available commissions, referral fees, fee schedules, payment
procedures and program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only
recourse is to terminate this agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM following the posting of a Change Notice or new agreement, it will be considered as your acceptance of the change.
Banner graphics, links and other promotional materials will be provided by HILO HATTIE. Affiliate may only use the Promotional Materials for the purpose of promoting HiloHattie.com and for linking to our web site. Affiliate will not engage in the distribution or publishing of any unsolicited commercial emails or other marketing. We retains all rights, ownership, and interest in its Promotional Materials, and in any copyright or trademark.
OBLIGATIONS REGARDING YOUR SITE
You will be solely responsible for the maintenance of Your Site and for all materials that appear on Your Site. You must ensure that your graphics and links are current. You hereby agree that Your Site will not, in any way, copy or resemble the look and feel of the HILO HATTIE Site nor will you do anything to create the impression that Your Site is the HILO HATTIE Site or a part of the HILO HATTIE Site. You shall immediately remove from Your Site any graphic linking to the HILO HATTIE Site which is displayed on a page which we, in our sole discretion, deem objectionable.
Affiliate shall indemnify and hold HILO HATTIE harmless from any claim, damage, lawsuit, action, complaint or other costs arising out of any breach of Affiliate’s agreement or arising from the misuse by Affiliate of Promotional Materials.
Any information that Affiliate is exposed to by virtue of its relationship with HILO HATTIE under this agreement, which information is not available to the general public, shall be considered to be “Confidential Company Information”. Affiliate may not disclose any Confidential Company Information to any person or entity, except where compelled by law, unless Affiliate obtains prior written consent for such disclosure from HILO HATTIE.
You will receive 5% of the revenue (excluding taxes, shipping and any fees) as a commission for orders placed through your Affiliate Site. Affiliate commissions will only be paid on sales which are completed online through HiloHattie.com
Affiliate commission fees will be paid by the 7th of each month by HILO HATTIE by way of a check. Any returns, chargebacks, or fees from a returned order will be adjusted in the following commission fee payment. If no commission fee payment is due, a billing invoice for the amount will be issued.
Affiliates must have an active link on their website. In order to qualify for commissions on sales in any given month, an affiliate must achieve at least $25 in commissions in order to be paid for that month. Commission fees under $25 will roll over to the next month.
HILO HATTIE shall not be responsible for any taxes owed by Affiliate arising out of Affiliate’s relationship with HILO HATTIE as set forth in this agreement. HILO HATTIE shall not withhold any taxes from the Commissions paid to Affiliate. As an independent contractor, Affiliates will be issued 1099 income statements in accordance with Federal and State tax guidelines.
AFFILIATE WEBSITE RESTRICTIONS
HILO HATTIE reserves the right not to accept any site into the HILO HATTIE Affiliate program based onsite content. Sites that do not qualify for the HILOH ATTIE Affiliate Program includes sitesthat are:
HILO HATTIE will not pay Affiliates commissions on sales from any of our outside or consignment vendors. These items include, but are not limited to:
We make no express or implied warranties or representations with respect to the Affiliate Program oryour potential to earn income from the HILO HATTIE Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliates Sites will be uninterrupted or error-free,and we will not be liable or the consequences any interruptions or down time.
This Agreement will be governed by the laws of the United States and the District of Columbia, 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 Honolulu, Hawaii, 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 the Agreement.
*Please note that NO COMMISSION is paid on your original purchase of HILO HATTIE Affiliate program.