VELTRA

VELTRA

Program Terms

Please read the agreement document ("Agreement") below before applying to register for the HawaiiActivities Affiliate Program ("Program").



1) Term of the Agreement: The term of this Agreement will begin upon our acceptance of your Affiliate application for registration to the Program and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination, including via email, at which time your participation in the Program will end. You are only eligible to earn Program referral fees on sales occurring during the term.



2) Modification: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following our posting of a change notice or new agreement on our site will constitute your agreement to the change(s).



3) Eligible Bookings: Commissions may only be earned on completed bookings. Any bookings declined or canceled for any reason prior to the intended activity date will be voided in ShareASale and will not be eligible for commission.



4) Commission Structure: The Program uses a tier-based commission structure, with all affiliates starting with a commission rate of 5% of the retail price of any eligible bookings. Affiliate performance shall be reviewed monthly and affiliate commission rates will increase based on the following performance metrics. Commission will increase on the first of the following month and shall continue throughout the following calendar year. An annual review will also be conducted once per year at the end of December and any affiliates found to have not produced a high enough sales volume to qualify for their current commission rate will have their rate lowered accordingly.



?Affiliates earning greater than $100,000 USD in retail sales for the calendar year: 7% commission

?Affiliates earning between $50,000 and $100,000 USD in retail sales for the calendar year: 6% commission

?Affiliates earning less than $50,000 USD in retail sales for the calendar year (and all new affiliates): 5% commission



Example: An affiliate joins the Program in April at the starting commission rate of 5%. By August, they have earned $56,000 in retail sales. On September 1st, their commission rate increases to 6%. The 6% rate persists throughout the remainder of the current year until December of the following year. By the end of December, the affiliate has only earned $33,000 in retail sales for that calendar year. Starting January 1st, their commission rate decreases to 5%.



5) Limitation of Liability: We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits 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 referral fees paid or payable to you under to this Agreement.



6) Independent Investigation: You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate websites that are similar to or compete with your website. You have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee or statement other than as set forth in this Agreement.



7) Miscellaneous: This Agreement will be governed by the laws of the United States and the State of Hawaii, 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 your rights or your obligations under 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 be 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 this Agreement.



8) Spyware: We will refuse all applications or signups from affiliates which we believe participate in spyware, adware or parasiteware techniques for driving traffic. We reserve the right to research and investigate affiliates and their activities and, at our own discretion, determine whether or not these prohibited practices are in place. Affiliates found in violation of this policy will be immediately terminated from the Program and will forfeit any earned commissions.



9) Image Usage: You agree not to use image content posted on any web property (including social media accounts) owned or controlled by HawaiiActivities Inc. without our express prior written consent. Furthermore, you agree to indemnify, defend and hold HawaiiActivities Inc. and its officers, directors, shareholders, agents and employees harmless from and against any and all claims, losses or assessments, including any legal action, made against us as a result of images being used without permission taken from a web property owned or controlled by HawaiiActivities Inc.



10) Website Piracy: The look, feel and layout of HawaiiActivities’ web properties are proprietary to HawaiiActivities. You agree not to misappropriate any of the content or other proprietary aspects of our web properties without our express prior written consent. This includes the use of i-frames to directly incorporate some or of all of the content from a HawaiiActivities web property into another site. Affiliates found having misappropriated content of HawaiiActivities web properties without our prior written consent will be immediately terminated from the Program and forfeit any earned commissions.



11) Paid Advertising: You agree not to use paid advertising services to promote our products as an affiliate, including but not limited to Google AdWords, Facebook Ads and print advertising.



12) Illicit or Illegal Content: Any affiliate found to be promoting our products on websites of an illicit or illegal nature will be subject to immediate dismissal from the Program and will forfeit any unpaid commission amount. Illicit content may include, but is not limited to, content of an adult nature and content promoting alcohol, firearms, violence or hate speech. Illegal content refers to any content that encourages any act that would result in a violation of US law, as well as content that directly promotes products or services of an illegal nature. Furthermore, you agree to indemnify, defend and hold HawaiiActivities Inc. and its officers, directors, shareholders, agents and employees harmless from and against any and all claims, losses or assessments, including any legal action, made against us as a result of content residing on your site apart from content that we specifically authorized you to include on your site.



13) Creatives: Affiliates may link to any webpage on the HawaiiAcitivities.com website, whether it is on the ShareASale creatives directory or not. Banners and text links in the ShareASale creatives directory must be updated immediately when banners and text links are updated on ShareASale. Discontinued pages and URLs will otherwise redirect your referral to the general HawaiiActivities.com homepage.