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Terms of Use and Privacy Statement

HOCLhawaii Affiliate Program - Terms & Conditions

(Updated 05/27/2020)
PLEASE READ OUR AFFILIATE TERMS AND CONDITIONS CAREFULLY BEFORE YOU JOIN OUR PROGRAM OR BEGIN MARKETING OUR PROGRAM. THESE TERMS AND CONDITIONS ARE WRITTEN IN PLAIN LANGUAGE INTENTIONALLY AVOIDING LEGALESE TO ENSURE THAT THEY MAY BE CLEARLY UNDERSTOOD AND FOLLOWED BY AFFILIATES. AS A CONDITION IN YOUR PARTICIPATION IN THE HOCLHAWAII AFFILIATE PROGRAM, EACH AFFILIATE IS RESPONSIBLE FOR ASSURING THAT ITS EMPLOYEES, AGENTS, AND CONTRACTORS COMPLY WITH THESE TERMS AND CONDITIONS. AFFILIATE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. THANK YOU.

DEFINITIONS

As used in these terms and conditions: (i) “We”, “us”, or “our” refers to HOCLhawaii and our website; (ii) “you” or “your” refers to the Affiliate; (iii) “our website” refers to the HOCLhawaii properties located at www.HOCLhawaii.com; (iv) “your website” refers to any websites that you will link to our website; (v) “Program” refers to the HOCLhawaii Affiliate Program; (vi) "Product"(s) refers to ALL products sold on the HOCLhawaii website.ENROLLMENTUpon registering as an affiliate, YOU, as in the relevant affiliate of HOCLhawaii, agree to these terms and conditions on our website. If you do not agree to them, do not register, or if you've already done so, please email us and we will remove your name and account. Also, by registering, YOU agree to exclude all liability for ANY damage or injury that our Product may cause to any and all persons, animals, property - public and private.

All prices and information may be subject to change without notice as revisions are being made to this site.

We reserve the right to reject any application, however, we encourage you to contact us if you feel we have made an incorrect decision. If you are including us in any websites or social media sites, this will help us make a better decision. Even if you are accepted to participate in the Program and your site or profile is later determined (in our sole discretion) to be unsuitable based on our criteria for the Program, we may terminate this agreement.

WEBSITE RESTRICTIONS

Your participating website(s) may be found unsuitable if it falls under any of the following conditions. Conditions are, but not limited to, sites that:
  • Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights
  • Violate any law, rule, or regulation
  • Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials
  • Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information
  • Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions and add-ons
LINKING TO OUR WEBSITE

Upon acceptance into the Program, links will be made available to you through the affiliate interface. Your acceptance in our program means you agree to and abide by the following:
  • You will only use linking code obtained from the affiliate interface without manipulation
  • All domains that use your affiliate link must be listed in your affiliate profile.
  • Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner
  • You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating)
  • Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited
  • If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using “out” redirects from the same domain where the affiliate link is placed
COMMISSION GENERATION

You are only eligible to earn commission on sales of qualifying products or qualifying actions during the term of this agreement. You will earn a commission based on the net price, less any coupon or customer discounts, of qualifying products and/or on the net new number of qualified actions, according to the current published rates established by HOCLhawaii and communicated to you upon acceptance of this agreement. Commission regulation rules are subject to change.

Commissions can only be earned from HOCLhawaii.com. Commissions cannot be earned on any order paid in part or in full with a gift card or gift certificate. We reserve the right to disapprove commissions and withhold payment for certain transactions, such as those deemed fraudulent and any other reason we determine in our reasonable discretion.

COUPON GUIDELINES

If you are enrolled in our Program and your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:

  • You may ONLY advertise coupon codes that are provided to you through the affiliate program.
  • Posting any information about how to work around the requirements of a coupon/promotion (i.e. first-time customers only) will result in removal from the program.
  • Coupons must be displayed in their entirety with the full offer, valid expiration date, and code.
  • You may NOT use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s).
  • You 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.

COUPON ATTRIBUTION & AUTHENTICATION

Affiliates whose primary business is posting coupons, who are viewed by the program as being a coupon site, and/or who are tagged as coupons in our system, may not be paid commissions for sales generated without a corresponding valid coupon code. Valid codes are defined as codes that are made available to the affiliate channel in general, through newsletters or sent directly or privately to affiliates by HOCLhawaii. Coupon codes that are not real, expired, not specific (i.e. up to 40% off sale items), or are long-term sitewide offers that do not require a code may not be considered valid codes and the affiliate will not be given commission on these orders.

SUB-AFFILIATE NETWORKS

Promoting HOCLhawaii through a sub-affiliate network is permitted, however, you must be completely transparent with regards to where traffic from your sub-affiliates originated. Sub-affiliate networks must ensure that all sub-affiliates promoting the HOCLhawaii program adhere to our program terms and conditions. This includes restrictions on advertising through toolbars, browser extensions, and any paid placements such as pay-per-click campaigns. Sub-affiliate networks must also receive approval prior to allowing any type of coupon sub-affiliate to promote the HOCLhawaii program.

Failure to comply with our sub-affiliate network terms may result in a loss and/or reduction of commission from sales made through any sub-affiliate that does not comply with our program terms.

DOMAIN NAMES

Use of any of our terms as part of the domain or subdomain for your website is strictly prohibited i.e. HOCLhawaii.website.com or www.HOCLhawaii-coupons.com

ADVERTISING & PUBLICITY

You shall not create, publish, distribute, or print any written material that makes reference to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via email campaigns, you must adhere to the following:

  • Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.E-mail must be sent on your behalf and must not imply that the email is being sent on behalf of HOCLhawaii.
  • E-mails must first be submitted to us for approval prior to being sent or we must be sent a copy of the e-mail.

SOCIAL MEDIA

Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines: 

  • You ARE allowed to promote offers to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Twitter, etc. pages. For example: You may post, “25% off sale at HOCLhawaii.com through Wednesday with code ALOHA86.”
  • According to current FTC guidelines, social media posts on your own social accounts must include appropriate hashtags. Hashtags and disclaimers are subject to change over time and it’s your responsibility to review and comply with current guidelines as policies may change over time.
  • You ARE PROHIBITED from posting your affiliate links on HOCLhawaii's Facebook, Twitter, Pinterest, etc. company pages in an attempt to turn those links into affiliate sales.
  • You ARE PROHIBITED from running Facebook ads with HOCLhawaii’s company name.
  • You ARE PROHIBITED from creating a social media account that includes HOCLhawaii in the page name and/or username.

NON-DISPARAGEMENT

You agree, for the term of being an affiliate of HOCLhawaii and for five (5) years after, not to disparage HOCLhawaii, its officers, directors, employees, shareholders, and agents, in any manner likely to be harmful to its or their business, business reputation, or personal reputation.

OPERATIONS OUTSIDE UNITED STATES

If you are conducting business in or taking orders from persons in other countries, you will follow the laws of those countries. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive if you are conducting business in or taking orders from persons in one or more of the European Union countries.

REVERSAL & COMMUNICATION POLICY

HOCLhawaii likes to maintain open communication with our affiliates. However, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions.

Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy:

  • You are not forthcoming, intentionally vague, or are found to be lying.
  • You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.
  • You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.

If any of the above applies, then we reserve the absolute right to reverse orders, set your commission to 0%, or suspend you from the program for the period or orders in question. We know that many violations are a result of automated processes; however, it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to proactively address these issues and adhere to our program rules.

FTC DISCLOSURE REQUIREMENTS

You shall include a disclosure statement within any and all pages, blog/posts, or social media posts where affiliate links for our affiliate program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or from the affiliate management team for review, this also must be clearly stated in your disclosure.

  • Disclosures must be made as close as possible to the claims.
  • Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure (e.g. Disclosure should be visible before the jump).
  • Pop-up disclosures are prohibited.

For more information about FTC disclosure requirements, please review the FTC's "Dot Com Disclosures" Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf; and the FTC's Endorsement Guidelines at http://business.ftc.gov/advertising-and-marketing/endorsements

© 2020 HOCLhawaii LLC

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