Affiliate Program Terms & Service

This is a legal agreement (the “Agreement”) between Elements of the Sea HI, LLC/Ua Hawaii (“We”, “Us” or “Company”) and you ("Affiliate", “You”). This Agreement contains the complete terms and conditions of your relationship with the Company’s affiliate program (“the Program”).

Affiliate Account

Upon approval of your application, the Affiliate will be given access to The Company's affiliate dashboard located through the Shopify Collab app. The Affiliate may also need to comply with the app's terms and conditions and will be subject to their privacy policy. The Affiliate is also responsible for reviewing those terms and ensuring they understand them and are in compliance.

The Affiliate is solely responsible for their login information to the Affiliate account. The Company will not be responsible for any loss related to the unauthorized use of the affiliate's account. However, the Affiliate may be liable to The Company for any such unauthorized use. If at any time the Affiliate's account is compromised or otherwise accessed without authorization, they must notify us.

Term and Termination

The term of this Agreement will begin upon the affiliate's acceptance of participation in The Company's Affiliate Program and will end when terminated as described in this paragraph.

The Affiliate may terminate this Agreement at any time, with or without cause, by giving The Company written notice of termination by e-mail. We may terminate this Agreement at any time, with or without cause or notice. Failure to comply with the terms of this agreement may result in immediate cancellation of this Agreement by The Company and forfeiture by the affiliate of any accrued, unpaid commissions. We will pay any pending commissions owed to the affiliate through the termination date if this Agreement is canceled for any reason other than the affiliate's violation of this Agreement.

Subject to the foregoing, the Affiliate is only eligible to earn commissions on sales during the term, and commissions earned through the termination date will remain payable only if the orders are not canceled. We may withhold final payment for a reasonable time to ensure against cancellations.

Promotion and Order Tracking

The Company will make a link available to the Affiliate to track purchases and allow the Affiliate to be paid for referrals.

The Affiliate and The Company will cooperate in good faith to develop and implement such links. Each link will permit recipients to navigate directly to a page on The Company's website or related site designated by us via a special tagged link format. The Affiliate will be solely responsible for integrating the links on their social channels to properly enable sales tracking, and The Company will not be responsible for the Affiliate's failure to do so, including to the extent such failure may result in any reductions of amounts that would otherwise be paid to the Affiliate under this Agreement.

The Affiliate agrees to not use the link for any unlawful or prohibited purpose under this Agreement. You further agree to not use the link:

In any way that could damage The Company's websites, products, services, or generally the business of The Company;
In violation of any statutes, regulations, or guidelines set forth by the Federal Trade Commission;
In violation of any data privacy and security law and regulations;
To harass, abuse, or threaten others or otherwise violate the legal rights of others;
To violate the rights of The Company's intellectual property or the intellectual property of any third party;
Upload or disseminate computer viruses, malware, or other software that may damage the property of a third party;
To perpetrate fraud;
To engage in or create an unlawful sweepstakes;
To publish or distribute obscene, defamatory, or discriminatory material;
To unlawfully gather information about others.
In connection with illegal SPAM activities including sending mass commercial emails.

Referral Fees

Referral fees will NOT be paid out for customers who purchase a gift card from our Shopify store or for those customers paying with a gift card or store credit. We reserve the right to implement a sliding payment scale for products depending on the number of sales or dollar amount that the affiliate earns.

The Company's system utilizes a first-click 30-day cookie meaning the Affiliate's cookie will be valid for 30 days in the customer’s browser, and if a qualifying Purchase is made within the same time frame, the Affiliate will earn a commission if the customer is NOT purchasing a gift card or using a gift card or store credit as payment in our Shopify store. The affiliate's cookie cannot be overridden by another Affiliate in the same time frame.

All referral fees are in USD.

Payment Schedule

Referral fees will be payable within thirty (30) days from the end of each calendar month in which payments are received.

To receive payment, the Affiliate must activate auto-payout to get paid through PayPal or bank transfer. The commission will be held after the 30-day holding period if auto-payout is not activated.

The Affiliate agrees that The Company shall only be liable for payment of referral fees for money actually received. The Affiliate shall not be entitled to any referral fees on a refunded sale, chargeback, or any sale resulting in credit card abuse, fraud, or any other reason. We reserve the right to adjust future referral fees based on refunds, chargebacks, fraud, or other claims received after the affiliate has been paid.

Promotion Rules and Policies

Disclosure, Transparency, and Testimonials

The Affiliate may choose to use either #ad or #sponsored in the beginning or end of their caption.
The Affiliate may create a disclosure statement of their own so long as it contains the necessary disclosure language.
The Affiliate may not make any knowingly untruthful or misleading claims in your post about The Company. If there is an issue with the product, please reach out to the Company.

Intellectual Property Use and Permissions

The Affiliate will only include content, including any written copy, photographs, or video footage, in sponsored posts that is/are original or from which absolute right to publish is obtained. The Affiliate will not include content from any third parties in their sponsored post unless they have acquired their written permission to do so.
The Affiliate agrees to allow The Company and authorized agents or affiliates to link any content contained in the sponsored post to any of its websites or official social media account pages without any additional consideration, compensation, fees, or royalties.
The Affiliate may not delete content featuring The Company's product unless previously discussed and agreed upon after the content has been published live on their personal website or social media channels, including but not limited to Facebook, Instagram, Twitter, or Pinterest.
The Affiliate will indemnify and hold The Company harmless for the unauthorized or wrongful use of the intellectual property of any third party.
The Affiliate will advise The Company immediately if they learn of any unauthorized or wrongful use of the intellectual property of any third party.

Confidentiality

Both parties agree that neither party shall authorize the other to disclose confidential information to any third party without prior written consent, except as may be necessary to establish or assert rights hereunder, as required by the laws of the applicable jurisdiction or by court order.

Confidential Information includes business methods, business policies, business strategies, business plans, procedures, techniques, research, or any other relevant details relating to or dealing with the business operations or activities of the Parties.

By applying to The Company's affiliate program, the Affiliate asserts that they have read, understood, and agreed to all of the terms and conditions of this Agreement. The Affiliate has independently evaluated this program and is not relying on any representation, guarantee, or statement other than as set forth in this Agreement.