Program Registration






Conversion action Online purchase with processed valid payment
Cookie days 30 day(s)
Commission type Percent of Sale
Base commission 15.00%
Welcome to our Affiliate Program. Alohas Sandals is a brand founded in 2014 in Honolulu, Hawaii, USA. Now is present in 20+ countries. Our goal is to inspire the idea of the endless summer through our summer sandals, espadrilles, and avarcas. Please, take a look at our website www.alohassandals.com and our Instagram. www.instagram.com/alohassandals to learn more about us.


FOREWORD



Our affiliates are very
important to us. We do our best to treat you with the fairness and respect you
deserve. We simply ask the same consideration of you. We have written the
following affiliate agreement with you in mind, as well as to protect our company's
good name. So please bear with us as we take you through this legal formality.



If you have any questions,
please don't hesitate to let us know. We are strong believers in
straight-forward and honest communication. For quickest results please email us
at affiliates@alohassandals.com. You can also reach us via phone, toll-free: +34
608 279 914.



Best regards,



Alejandro Porras

www.alohassandals.com Affiliate Manager



 



AFFILIATE
AGREEMENT



PLEASE READ THE ENTIRE
AGREEMENT.



YOU MAY PRINT THIS PAGE FOR
YOUR RECORDS.



THIS IS A LEGAL AGREEMENT
BETWEEN YOU AND SUNSET VENTURES, SLU. (DBA ALOHAS SANDALS)



BY SUBMITTING THE ONLINE
APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND
CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR
EACH AND EVERY TERM AND CONDITION.



1. Overview



This Agreement contains the
complete terms and conditions that apply to you becoming an affiliate in ALOHAS
SANDALS's Affiliate Program. The purpose of this Agreement is to allow HTML
linking between your web site and the www.alohassandals.com web site. Please
note that throughout this Agreement, "we," "us," and
"our" refer to Alohas Sandals, and "you," "your,"
and "yours" refer to the affiliate.



2. Affiliate Obligations



2.1. To begin the
enrollment process, you will complete and submit the online application at the www.refersion.com
server. The fact that we auto-approve applications does not imply that we may
not re-evaluate your application at a later time. We may reject your
application at our sole discretion. We may cancel your application if we
determine that your site is unsuitable for our Program, including if it:



2.1.1. Promotes sexually
explicit materials 

2.1.2. Promotes violence 

2.1.3. Promotes discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age

2.1.4. Promotes illegal activities 

2.1.5. Incorporates any materials which infringe or assist others to infringe
on any copyright, trademark or other intellectual property rights or to violate
the law 

2.1.6. Includes "Alohas Sandals", “Alohas” or variations or
misspellings thereof in its domain name 

2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory,
obscene, harassing, or racially, ethnically or otherwise objectionable to us in
our sole discretion. 

2.1.8. Contains software downloads that potentially enable diversions of
commission from other affiliates in our program. 

2.1.9. You may not create or design your website or any other website that you
operate, explicitly or implied in a manner which resembles our website nor
design your website in a manner which leads customers to believe you are Alohas
Sandals or any other affiliated business.



2.2. As a member of Alohas
Sandals's Affiliate Program, you will have access to Affiliate Account Manager.
Here you will be able to review our Program’s details and previously-published
affiliate newsletters, download HTML code (that provides for links to web pages
within the www.alohassandals.com web site) and banner creatives, browse and get
tracking codes for our coupons and deals. In order for us to accurately keep
track of all guest visits from your site to ours, you must use the HTML code
that we provide for each banner, text link, or other affiliate link we provide
you with.



2.3. Alohas Sandals
reserves the right, at any time, to review your placement and approve the use
of Your Links and require that you change the placement or use to comply with
the guidelines provided to you.



2.4. The maintenance and
the updating of your site will be your responsibility. We may monitor your site
as we feel necessary to make sure that it is up-to-date and to notify you of
any changes that we feel should enhance your performance.



2.5. It is entirely your
responsibility to follow all applicable intellectual property and other laws
that pertain to your site. You must have express permission to use any person's
copyrighted material, whether it be a writing, an image, or any other
copyrightable work. We will not be responsible (and you will be solely
responsible) if you use another person's copyrighted material or other intellectual
property in violation of the law or any third party rights.



3. Alohas Sandals Rights
and Obligations



3.1. We have the right to
monitor your site at any time to determine if you are following the terms and
conditions of this Agreement. We may notify you of any changes to your site
that we feel should be made, or to make sure that your links to our web site
are appropriate and to notify further you of any changes that we feel should be
made. If you do not make the changes to your site that we feel are necessary,
we reserve the right to terminate your participation in the Alohas Sandals
Affiliate Program.



3.2. Alohas Sandals
reserves the right to terminate this Agreement and your participation in the Alohas
Sandals Affiliate Program immediately and without notice to you should you
commit fraud in your use of the Alohas Sandals Affiliate Program or should you
abuse this program in any way. If such fraud or abuse is detected, Alohas
Sandals shall not be liable to you for any commissions for such fraudulent
sales.



3.3. This Agreement will
begin upon our acceptance of your Affiliate application, and will continue
unless terminated hereunder.



4. Termination



Either you or we may end
this Agreement AT ANY TIME, with or without cause, by giving the other party
written notice. Written notice can be in the form of mail, email or fax. In
addition, this Agreement will terminate immediately upon any breach of this
Agreement by you.



5. Modification



We may modify any of the
terms and conditions in this Agreement at any time at our sole discretion. In
such event, you will be notified by email. Modifications may include, but are
not limited to, changes in the payment procedures and Alohas Sandals’ Affiliate
Program rules. If any modification is unacceptable to you, your only option is
to end this Agreement. Your continued participation in Alohas Sandals Affiliate
Program following the posting of the change notice or new Agreement on our site
will indicate your agreement to the changes.



6. Payment



Alohas Sandals uses a third
party to handle all of the tracking and payment. The third party is the www.refersion.com
affiliate network. Kindly review the network’s payment terms and conditions.



7. Access to Affiliate
Account Interface



You will create a password
so that you may enter Refersion’s secure affiliate account interface. From
their site you will be able to receive your reports that will describe our
calculation of the commissions due to you.



8. Promotion Restrictions



8.1. You are free to
promote your own web sites, but naturally any promotion that mentions Alohas
Sandals could be perceived by the public or the press as a joint effort. You
should know that certain forms of advertising are always prohibited by Alohas
Sandals. For example, advertising commonly referred to as "spamming"
is unacceptable to us and could cause damage to our name. Other generally
prohibited forms of advertising include the use of unsolicited commercial email
(UCE), postings to non-commercial newsgroups and cross-posting to multiple
newsgroups at once. In addition, you may not advertise in any way that
effectively conceals or misrepresents your identity, your domain name, or your
return email address. You may use mailings to customers to promote Alohas
Sandals so long as the recipient is already a customer or subscriber of your
services or web site, and recipients have the option to remove themselves from
future mailings. Also, you may post to newsgroups to promote Alohas Sandals so
long as the news group specifically welcomes commercial messages. At all times,
you must clearly represent yourself and your web sites as independent from Alohas
Sandals. If it comes to our attention that you are spamming, we will consider
that cause for immediate termination of this Agreement and your participation
in the Alohas Sandals Affiliate Program. Any pending balances owed to you will
not be paid if your account is terminated due to such unacceptable advertising
or solicitation.



8.2. Affiliates that among
other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords
such as Alohas Sandals, alohas, www.alohassandals, www.alohassandals.com,
and/or any misspellings or similar alterations of these – be it separately or
in combination with other keywords – and do not direct the traffic from such
campaigns to their own website prior to re-directing it to ours, will be
considered trademark violators, and will be banned from Alohas Sandals’s
Affiliate Program. We will do everything possible to contact the affiliate
prior to the ban. However, we reserve the right to expel any trademark violator
from our affiliate program without prior notice, and on the first occurrence of
such PPC bidding behavior.



8.3. Affiliates are not
prohibited from keying in prospect’s information into the lead form as long as
the prospects’ information is real and true, and these are valid leads (i.e.
sincerely interested in Alohas Sandals’ service).



8.4. Affiliate shall not
transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,”
“Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,”
“Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from
the time the consumer clicks on a qualifying link until such time as the
consumer has fully exited Alohas Sandals’ site (i.e., no page from our site or
any alohassandals.com’s content or branding is visible on the end-user’s
screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean
an application that (a) through accidental or direct intent causes the
overwriting of affiliate and non affiliate commission tracking cookies through
any other means than a customer initiated click on a qualifying link on a web
page or email; (b) intercepts searches to redirect traffic through an installed
software, thereby causing, pop ups, commission tracking cookies to be put in
place or other commission tracking cookies to be overwritten where a user would
under normal circumstances have arrived at the same destination through the
results given by the search (search engines being, but not limited to, Google, MSN,
Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines);
(c) set commission tracking cookies through loading of Alohas Sandals site in
IFrames, hidden links and automatic pop ups that open Alohas Sandals site; (d)
targets text on web sites, other than those web sites 100% owned by the
application owner, for the purpose of contextual marketing; (e) removes,
replaces or blocks the visibility of Affiliate banners with any other banners,
other than those that are on web sites 100% owned by the owner of the
application.



9. Grant of Licenses



9.1. We grant to you a
non-exclusive, non-transferable, revocable right to (i) access our site through
HTML links solely in accordance with the terms of this Agreement and (ii)
solely in connection with such links, to use our logos, trade names, trademarks,
and similar identifying material (collectively, the "Licensed
Materials") that we provide to you or authorize for such purpose. You are
only entitled to use the Licensed Materials to the extent that you are a member
in good standing of Alohas Sandals Affiliate Program. You agree that all uses
of the Licensed Materials will be on behalf of Alohas Sandals and the good will
associated therewith will inure to the sole benefit of Alohas Sandals.



9.2. Each party agrees not
to use the other's proprietary materials in any manner that is disparaging,
misleading, obscene or that otherwise portrays the party in a negative light.
Each party reserves all of its respective rights in the proprietary materials
covered by this license. Other than the license granted in this Agreement, each
party retains all right, title, and interest to its respective rights and no
right, title, or interest is transferred to the other.



10. Disclaimer



Alohas Sandals MAKES NO
EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING Alohas Sandals SERVICE
AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED
WARRANTIES OF Alohas Sandals ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO
REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR
FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR
ERRORS.



11. Representations and
Warranties



You represent and warrant
that:



11.1. This Agreement has
been duly and validly executed and delivered by you and constitutes your legal,
valid, and binding obligation, enforceable against you in accordance with its
terms;



11.2. You have the full
right, power, and authority to enter into and be bound by the terms and
conditions of this Agreement and to perform your obligations under this
Agreement, without the approval or consent of any other party;



11.3. You have sufficient
right, title, and interest in and to the rights granted to us in this
Agreement.



12. Limitations of
Liability



WE WILL NOT BE LIABLE TO
YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT,
NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING,
WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST
BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT,
IN NO EVENT SHALL Alohas Sandals' CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR
RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT
LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION
FEES PAID TO YOU UNDER THIS AGREEMENT.



13. Indemnification



You hereby agree to
indemnify and hold harmless Alohas Sandals, and its subsidiaries and
affiliates, and their directors, officers, employees, agents, shareholders,
partners, members, and other owners, against any and all claims, actions,
demands, liabilities, losses, damages, judgments, settlements, costs, and
expenses (including reasonable attorneys' fees) (any or all of the foregoing
hereinafter referred to as "Losses") insofar as such Losses (or
actions in respect thereof) arise out of or are based on (i) any claim that our
use of the affiliate trademarks infringes on any trademark, trade name, service
mark, copyright, license, intellectual property, or other proprietary right of
any third party, (ii) any misrepresentation of a representation or warranty or
breach of a covenant and agreement made by you herein, or (iii) any claim
related to your site, including, without limitation, content therein not
attributable to us.



14. Confidentiality



All confidential
information, including, but not limited to, any business, technical, financial,
and customer information, disclosed by one party to the other during
negotiation or the effective term of this Agreement which is marked
"Confidential," will remain the sole property of the disclosing party,
and each party will keep in confidence and not use or disclose such proprietary
information of the other party without express written permission of the
disclosing party.



15. Miscellaneous



15.1. You agree that you
are an independent contractor, and nothing in this Agreement will create any
partnership, joint venture, agency, franchise, sales representative, or
employment relationship between you and Alohas Sandals. You will have no
authority to make or accept any offers or representations on our behalf. You
will not make any statement, whether on Your Site or any other of Your Site or
otherwise, that reasonably would contradict anything in this Section.



15.2. Neither party may
assign its rights or obligations under this Agreement to any party, except to a
party who obtains all or substantially all of the business or assets of a third
party.



15.3. This Agreement shall
be governed by and interpreted in accordance with the laws of the State of New
York without regard to the conflicts of laws and principles thereof.



15.4. You may not amend or
waive any provision of this Agreement unless in writing and signed by both
parties.



15.5. This Agreement
represents the entire agreement between us and you, and shall supersede all
prior agreements and communications of the parties, oral or written.



15.6. The headings and
titles contained in this Agreement are included for convenience only, and shall
not limit or otherwise affect the terms of this Agreement.



15.7. If any provision of
this Agreement is held to be invalid or unenforceable, that provision shall be
eliminated or limited to the minimum extent necessary such that the intent of
the parties is effectuated, and the remainder of this agreement shall have full
force and effect.