1. Affiliate Agreement

This agreement describes the terms and conditions for participation in the Honua Hawaiian Skincare Ohana Affiliate Program. In this agreement, the term "Affiliate" refers to you (the applicant). In this agreement, Honua refers to us - the product owner and publisher.  In our communication with you, we may refer to the Affiliates as our Ohana as well.  

We administer our program through Refersion.  For more information, please visit their website at www.refersion.com

2. Modification

We may modify any 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 referral fees, fee schedules, payment procedures and Affiliate Program rules. If any of the modifications are unacceptable, your only recourse is to terminate this Agreement. By continuing to participate in the program, it will be considered as your acceptance of the change.

3. Enrollment

To enroll in the affiliate program, you must submit an affiliate application and be approved. Applications are processed monthly and applicants will be notified of their status as soon as possible.

4. Your Affiliate URL

You will be issued a special URL once you become an approved affiliate which will be unique to you and you only, and will allow you to be paid for affiliate referrals.

5. Commissions

Affiliates will receive a % of the revenue as a commission from orders placed through properly coded Affiliate links (unless noted otherwise for a particular product). Commissions may change at our sole discretion.  Commissions may increase during limited time special promotions, but they will return thereafter to the regular commission rate.  Commissions are issued every 30 days.  Some products may have lower commissions and we will make that clear to you if that is the case.  We reserve the right to adjust commission rates as needed.

For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered through the secure order system. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links or use Affiliate code. Properly coded links are the sole responsibility of the affiliate.

Affiliates cannot use own code or affiliate link to make purchases. Violation of these rules will result in suspension or termination.

Commissions are not paid on products that are returned.  If a customer uses a promo code from another source, commission may not be approved.

6. Payment

Honua pays affiliates via PayPal, provided to us when a member joins. If the PayPal email changes, it is the responsibility of the affiliate to notify the Affiliate Program to ensure proper commission payments. We are not responsible for re-issuing payments already made to incorrect email addresses.  

7. Order Fulfillment

Honua will be solely responsible for processing every order placed by a customer via affiliate links or affiliate codes. Affiliates are not authorized to collect payments or sell any Honua products from other websites as a "reseller" and no "resale" rights are granted in ANY way. Affiliates are not authorized to sell any of these products on ebay, or other auction sites. Affiliates are not authorized to give away copies of any of these products. Honua will also be solely responsible for all customer service inquires. All affiliates understand and acknowledge that no physical products will be shipped.

Customers who purchase products and services through the affiliate links will be deemed to be customers of Honua. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. 

8. Qualifying Sites

Honua reserves the right to refuse any site entry into the Honua Ohana Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include sites which:

• Promote sexually explicit materials
• Promote violence
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Promote illegal activities
• List coupon codes or discounts that were NOT officially provided to them by Honua. Want to promote a coupon? You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
• Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of Refersion, Honua or any other site..

9. Permitted Usage

The following are permitted uses of the Honua brand and marketing resources

• Affiliates are permitted to use the graphical banners and design resources located at  ----------------------. If a specific size banner ad is not available, the affiliate may contact [email protected] and request a new banner graphic be added to the available resources.

10. Prohibited Usage

The following cases prohibited and are grounds for immediate termination of the affiliate account.

• Affiliates MAY NOT use the Honua logo, logo marks or other Honua website/branding imagery in a header graphic or in any way as to indicate they are officially affiliated or partnered with Honua.
• Affiliates MAY NOT promote coupons that were not provided to them personally by Honua. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
• Affiliates MAY NOT host or promote "coupon stacking" sites where customers may combine coupons to receive additional discounts.
• Affiliates MAY NOT use their assigned coupon code on personal orders. Doing so will result in the immediate termination of your affiliate account and your order will be canceled.
• Affiliates MAY NOT bid on any of our trademarked terms including any variations or misspellings thereof for search or content based campaigns on Google, MSN, Yahoo, Facebook or any other network.
• Affiliates MAY NOT advertise coupon codes obtained from any non-affiliate marketing channel, including coupon codes from our email, paid search or any other non-affiliate advertising campaigns.

11. Honua Anti-Spam Policy

Honua strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, twitter, facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:

• Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
• Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.
• Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
• Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system;
• Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.

Honua, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:

• Account Termination: Upon the receipt of a credible complaint, Honua may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account. At Honua's discretion, termination may not only result in being banned from the affiliate program, but also being banned from ANY other internal affiliate programs.

If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department at [email protected]

12. Relationship of Parties

Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on our behalf. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.

13. Term and Termination

The term of this Agreement will begin when you accept and will end when terminated by either party. Either Honua or the affiliate may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate's Web Site, all links to the Honua websites, and all Honua trademarks and logos, other Honua marks and all other materials provided in connection with this program.

14. Limitation of Liability

Honua will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to the affiliate under to this Agreement.

15. Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate's potential to earn income from the Honua Ohana Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and Honua will not be liable for the consequences of any interruptions or errors.

16. Miscellaneous

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 this Agreement.

If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.

By signing up with the Honua Ohana Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.