|Conversion action||Online purchase with processed valid payment|
|Cookie days||45 day(s)|
|Commission type||Percent of Sale|
|Additional terms||Affiliates earn 25% commission on customers who purchase using your referral link within 45 days. Any affiliate who use their link to have orders shipped to themselves will be terminated. Payments will be made at the end of the month with a minimum payout of $50. Commissions under $50 will rollover to the following month(s).|
This Affiliate Agreement (the "Agreement") contains the complete terms and conditions between Hi On Nature ("us", "we" or "Hi On nature") and you, regarding your application to and participation in the Hi On Nature Affiliate Program (the "Program") as an affiliate of Hi On Nature ("you" or "Affiliate"), and the establishment of links from Affiliate's social media accounts to our website, hionnature.com
BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
"Affiliate" shall mean the individual applying to or participating in the Program by displaying Hi On Nature products on the social media accounts owned or controlled by Affiliate and sharing Hi On Nature products through other marketing platforms using an affiliate tracking link in exchange for receiving a commission from Hi On Nature for sales directly resulting from such display.
"Commission" shall mean the amount Affiliate will be paid for each Qualified Purchase by a Referred Customer that Affiliate refers to Hi On Nature, pursuant to the terms of this Agreement.
"Link" shall mean a unique tracking link provided by Hi On Nature to Affiliate for Affiliate's use for sharing and posting on Affiliate's Social Platform
"Post" shall mean a post, story, tweet, video or blog, as applicable, made by Affiliate on Affiliate's Social Platform, showcasing the Product and subject to the terms of this Agreement.
"Product" shall mean product available for purchase from the Hi On Nature Site. Hi On Nature may gift Product to Affiliate as determined in its sole discretion.
"Qualified Purchase" shall mean a sale of Hi On Nature Product(s) to a Referred Customer. For sake of clarity, a Qualified Purchase shall only include a sale of Product to a Referred Customer at its full retail price or subject to a discount code or price reduction that is applicable to all or a general category of items on the Hi On Nature Site.
"Referred Customer" shall mean each new customer referred to the Madden Site from Affiliate through a Link, that provides valid account and billing information and completes a Qualified Purchase.
(a) To begin the enrollment process, Affiliate must submit a completed Affiliate application through the Hi On Nature Site.
(b) We may reject Affiliate's application for any reason, in our sole discretion, including if we determine that Affiliate's Social Platform is unsuitable for the Program. Unsuitability includes, without limitation, illegal, offensive, infringing content or content that we otherwise deem offensive.
(c) If you are accepted into the Program, Hi On Nature expressly reserves the right to suspend or terminate your participation as an Affiliate and/or deactivate your Link, for any or no reason, with or without cause, at any time in its discretion. Any Affiliate who use their link to have orders shipped to themselves will be terminated. In the event of any such suspension, termination or deactivation, you will be notified by us in writing. Hi On Nature further expressly reserves the right to modify, suspend or terminate the Program, and/or modify its Terms and Conditions, in whole or in part, at any time in its discretion, for any or no reason, and without notice to Affiliate.
We will not be responsible for errors that occur in the tracking of transactions if Affiliate has made or caused any such modification.
Hi On Nature will process orders placed by Referred Customers who follow the Link from Affiliate's Social Platform to the Madden Site. We reserve the right, in our discretion, to reject orders that do not comply with certain requirements such as our shipping laws. All aspects of order processing and fulfillment, including Hi On Nature’s cancellation, processing, refunds, customer service and payment processing, will be our responsibility. We will track the Qualified Purchases generated by your Affiliate Link, at our discretion either directly or via a third party vendor, and we will make this information available to you through the Hi On Nature Site. To permit accurate tracking, reporting and commission accrual, you must ensure that the Link between Affiliate's Social Platform accounts and the Hi On Nature Site are properly formatted. We shall not be responsible for improperly formatted Links.
(a) We will pay Affiliate a Commission based on the number of Qualified Purchases generated by the Link on Affiliate's Social Platform.
(b) The Commission amount is 25% on each purchase made by the Affiliate’s unique referral link. If the Referred Customer uses the Affiliate Link but does not make a purchase, that customer has a 45 day tracking period to make a purchase for it to be a Qualified Purchase.
(c) A "Qualified Purchase" will not include: (i) a purchase that was completed prior to the Affiliate joining the Program or was not tracked properly through an Affiliate Link; (ii) a purchase that Hi On Nature suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same customer, or the referral of accounts that do not comply with this Agreement; or (iii) a purchase made by Affiliate through its own Affiliate Link.
(d) We reserve the right to withhold payment of Commission to an Affiliate who has commissions that are potentially fraudulent as determined by us in our sole discretion, to determine the legitimacy of the Referred Customers.
(e) We reserve the right to suspend the payment of Commission at any time and indefinitely, if we suspect fraud or other improper activity or a potential breach of any of the terms of this Agreement by the Affiliate or a Referred Customer. We reserve the right to deduct from Affiliate's current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable or cancelled purchases.
(f) We reserve the right to immediately cancel or withhold for later review any Commission that fails to meet the criteria of a "Qualified Purchase".
(g) Any attempt by Affiliate to manipulate, falsify or inflate Referred Customers, Qualified Purchases or Commission Fees to intentionally defraud Hi On Nature or any violation of the terms of this Agreement constitutes immediate grounds for us to terminate your participation in the Program and will result in the forfeiture of any Commission due to the Affiliate.
(a) Commissions will be made at the end of the month with a minimum payout of $50. Commissions under $50 will rollover to the following month(s). The Affiliate can choose between Paypal or a gift card as their payment method.
(b) Payment of Commission Fees will be made through PayPal or by gift card to the Hi On Nature Site, depending upon the method of payment you selected in your Program application. We are not responsible for paying any third party fees charged by PayPal in order for you to receive your Commission.
(c) We reserve the right, in our discretion, to change or modify the available commission payment methods or payment schedule at any time. You will be notified by us of any such changes, which shall take effect when posted on the Hi On Nature.
(d) Affiliate acknowledges and agrees that we may fulfill our payment obligations under this Agreement through a third party service or vendor.
You may log into your affiliate console to review your click through and potential Qualified Purchases statistics on a daily basis. The potential Qualified Purchases shown in this report have not been reviewed to confirm they meet all criteria for Qualified Purchases and, as such, Commissions may not be issued for all Referred Customers that appear in the affiliate console. In the event that Affiliate disputes a Qualified Purchase and/or Commission, Affiliate must file a written report of such dispute with Hi On Nature by email within ten (10) days after the subject Commission is made and/or would otherwise have been due. Affiliate's failure to file a timely dispute shall result in forfeiture of Affiliate's right to dispute the subject Commission Fee.
Referred Customers who buy products through the Program will be deemed to be customers of Hi On Nature. Accordingly, all Hi On Nature Site terms, policies, and procedures concerning customer orders, customer service, and product sales will apply to such customers with respect to their transactions at the Hi On Nature Site. We may change our terms, policies and procedures at any time consistent with applicable laws. Since prices and availability may vary from time to time, Affiliate may not display Hi On Nature price information on Affiliate's Post. We will use commercially reasonable efforts to present current and accurate information, but we cannot guarantee the availability or price of any particular product.
We grant to Affiliate a limited, non-exclusive, non-transferable, revocable license to use and display the Links, to access the Hi On Nautre Site through the Links and to use our trademark and logos solely in accordance with the terms of this Agreement, and only during the Term of this Agreement.
As between Affiliate and Hi On Nature, Hi On Nature shall own all right, title and interest, including all Intellectual Property Rights, in and to the Hi On Nature Site, the Program and the Links. For the purposes of this Agreement, "Intellectual Property Rights" means copyright rights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, authors' rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the laws of the United States or any other state, country or jurisdiction.
We agree that you shall retain ownership rights to your Posts and you hereby grant us the perpetual, worldwide, royalty-free right and license to publish, copy, re-post, link to or otherwise use your Posts, your Social Platform handle, your name, and your image and likeness as depicted in a Post, in whole or in part, for any purposes in our discretion, in any and all mediums, without limitation, additional compensation, notice, review or approval.
Affiliate will be solely responsible for all content that appears on Affiliate's Social Platform. Such responsibility includes, without limitation: (i) the accuracy, timeliness and appropriateness of content posted on or to Affiliate's Social Platform; (ii) ensuring that posted materials do not violate or infringe upon the rights of any third party; and (iii) ensuring that posted content is not libelous or otherwise illegal.
Affiliate shall defend, indemnify and hold Hi On Nature and its officers, directors and employees harmless from all claims, damages, and expenses (including, without limitation, reasonable attorneys' fees) relating to Affiliate's breach of this Agreement or gross negligence.
(a) The term of this Agreement will begin upon our acceptance of Affiliate's application into the Program and will end when terminated by either party (the "Term"). Either party may terminate this Agreement at any time, with or without cause, by giving the other party prior written notice by email.
(b) Hi On Nature expressly reserves all rights to terminate the Program, in whole or in part, at any time for any or no reason, as determined in its sole discretion, by giving Affiliate written notice by email.
(c) Upon termination of this Agreement, Affiliate shall promptly remove all Links from Affiliate's Social Platform. Affiliate is only eligible to earn Commission on Qualified Purchases occurring during the Term (including all steps required for a transaction to be a Qualified Purchase under this Agreement. In the event that an overpayment is made by Hi On Nature, Affiliate agrees to promptly remit such excess payment upon notification by Hi On Nature. Hi On Nature may withhold Affiliate's final payment for a reasonable time to ensure that the correct amount is paid.
We may modify this Agreement at any time in our sole discretion; provided that the change shall solely apply to events occurring after the date on which you accept and agree to such modifications unless you otherwise agree herein. Such modifications shall take effect when posted on the Hi On Nature Site. Modifications may include, but are not limited to, changes in the scope of available Commission, commission amounts or percentages, payment procedures, Commission payment schedules, and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement, in which event you shall be entitled to your rights under the unmodified Agreement prior to the date of the applicable modification. Your continued participation in the Program following our posting of any modification on our website will constitute binding acceptance of the change.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT HI ON NATURE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR PARTICIPATION IN OR INABILTIY TO PARTICIPATE IN THE PROGRAM (HOWEVER ARISING, AND REGARDLESS OF THE THEORY OF RECOVERY), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR TOTAL LIABILITY TO AFFILIATE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND. HI ON NATURE EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, HI ON NATURE MAKES AND GIVES NO WARRANTY (i) THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THAT THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. HI ON NATURE FURTHER MAKES NO REPRESENTATION THAT THE OPERATION OF THE HI ON NATURE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR ANY SUCH INTERRUPTIONS OR ERRORS.
(a) Any notice provided for or permitted under this Agreement will be treated as having been given when sent by email to the email address set forth on Affiliate's application. This provision shall not apply to Section 17, "Modifications."
Subject: Customer Service
Email: [email protected]
(b) If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect or render invalid or unenforceable any other provision of this Agreement, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provisions.
Each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, Hi On Nature pricing and sales information, shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Agreement except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party any obligation of confidentiality to the discloser hereunder. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to a valid subpoena or order issued by any court or administrative agency of competent jurisdiction, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process.
This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous representations, discussions, negotiations and agreement, whether written or oral.