1. Eligibility for the Affiliate Program

Eligibility for the Affiliate Program To participate in the Affiliate Program, you must submit an application.  Honu reserves the right, in its sole discretion, to accept or reject any application for membership in the Affiliate Program for any reason. Affiliates must be at least 18 years old in order to participate in the Affiliate Program. 

2. Referrals

You will receive commission for Qualified Referrals to Honu. The percentage of commission may change at any time and without notice.

A “Qualified Referral” is detailed below:

• Is referred to Wired2Perform through the in-app “Refer W2P” button. Other methods of referrals are unable to be verified and are not eligible for the bonus.
• Is not an existing lead in the Honu system.  Honu reserves the right in its sole discretion to determine the original lead source. Exceptions may be made at Honu’s sole discretion if the referral has not been engaged by the Honuteam in the last one year.
• Has not been referred to Honu in the last 60 days by any other party.

3. Commissions

Honu will pay commissions earned monthly.  Your total commission amount must equal or exceed fifty US Dollars ($50) before receiving a payment from Honu. If your total commissions for is less than $50, we will withhold payment until the total commissions equal or exceed $50.

If a Qualified Referral requests a refund or files a credit card dispute, any earned Affiliate commission on the disputed charge shall become frozen in your account until the dispute is settled. You will not receive any interest on commissions that have been frozen.

Commission payments will be paid in US.  You are responsible for paying all applicable fees associated with accepting payments, which could include currency conversion fees, transaction fees, withdrawal fees, deposit fees, check cashing fees and any other fee.

In order to receive payments for earned commissions, you must provide Honu a completed Form W-9.  All commissions will be deferred until the W-9 is returned completed to Honu.

4. Marketing

You are responsible for your own costs and expenses related to marketing and promoting Honu and/or the Affiliate Program. Honu is not obligated to reimburse or credit you for any marketing expenses. If Honu choses to reimburse you for some marketing expense, this is not an obligation to reimburse future marketing expenses.

You may not engage in any of the following marketing activities and represent and warrant that your marketing practices do not violate any of these restrictions:

1. Affiliates shall not make any false, misleading, or disparaging statements with respect to the Affiliate Program, Honu, its employees, its customers, its Services (as defined in Honu’s Terms of Use), or its Affiliates.
2. Affiliates shall not create websites or advertisements that resemble the look and feel of Honu’s Services.
3. Affiliates shall not use Honu’s trademarks or misspelled keywords in their domain names.
4. Affiliates shall not engage in domain forwarding.
5. Affiliates shall not engage in any marketing activity that may harm the reputation or credibility of Honu, including using low-quality marketing materials, or advertising on any website that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activities, or violates the intellectual property or other rights of a third party.
6. Affiliates shall not send any email in violation of the federal CAN-SPAM statute, 15 U.S.C. 1571, et seq.
7. Affiliates must include a physical mailing address and unsubscribe information for any marketing email sent promoting Honu’s Services.
8. Affiliates shall make clear that they are the sender of all marketing materials, not Honu.
9. Affiliates shall not engage in any marketing or promotional activities that violate applicable laws, rules, or regulations.

5. Termination

If your account has been inactive for 12 consecutive months Honu has the right to terminate the affiliate relationship.

Once you terminate your affiliate relationship, all affiliate rights will be terminated.

6. Relationship between you and Honu

By participating in the affiliate program does not create a relationship that could be defined as employment, independent contractor, agency, partnership, or joint venture relationship between you and Honu.

7. Non-Disparagement

During the term of these Terms of Service and for one (1) year after it has expired or been terminated, You agree that You will not disparage Honu, its officers, directors, or employees or otherwise take any action that could reasonably be expected to adversely affect Honu’s reputation. Under these Terms of Service, “disparage” includes, but is not limited to, any negative statement, whether written or oral, about Honu, its officers, directors, or employees. You agree and acknowledge that this provision is a material term of the Terms of Service, the absence of which would have resulted in Honu refusing to enter into this agreement.

8. Assumption of Risk

You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to participation in the Affiliate Program.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, HONU, ITS PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SITES, SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, HONU SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, HONU SHALL NOT BE LIABLE TO ANY PARTY FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, HONU’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL NOT EXCEED THE AMOUNT OF COMMISSIONS YOU EARNED OVER THE TWELVE (12) MONTHS PRECEDING THE CLAIM(S), UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.

10. Indemnification

You agree to indemnify, defend, and hold harmless Honu, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Sites from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service by you or arising from or related to your use or misuse of the Affiliate Program.

11. Third Party Rights

You may not assign your rights under these Terms of Service without Honu’s prior written consent.

12. Unlawful Activity; Termination of Access

Honu reserves the right to investigate complaints or reported violations of these Terms of Service and to take any action it deems appropriate.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone participating in the Affiliate Program. YOU WAIVE AND HOLD HARMLESS HONU AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

13. Remedies for Violations

Honu reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service.

14. Governing Law and Jurisdiction; Disputes and Arbitration

These Terms of Service are governed by and construed in accordance with the internal law of the State of Florida without regard to its principles of conflicts of laws. Any action arising out of or relating to these Terms of Service shall be filed only in the state or federal courts located in the in the State of Florida, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action. Where a conflict exists between Honu’s Terms of Use and these Terms of Service, the Terms of Service govern.

Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to these Terms of Service, any of Honu’s policies, or the Affiliate Program, in each case, whether in contract, tort, common or statutory law, equity or otherwise (collectively, a “Dispute”) shall be resolved by binding confidential arbitration. The arbitration will be conducted in Florida, unless you and Honu agree otherwise.

YOU AND HONU EACH AGREE TO WAIVE ITS RIGHT TO TRIAL BY JURY AND THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF HONU AND ALL PARTIES TO ANY SUCH PROCEEDING.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15. Entire Agreement; Severability of Provisions; No Waiver

These Terms of Service constitute the entire agreement with respect to participation in the Affiliate Program. If any provision of these Terms of Service is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

16. Changes to the Terms of Service

Honu may review and update these Terms of Service at any time and it is your responsibility to know about those changes. All changes are effective immediately when posted. If you continue to participate in the Affiliate Program following the posting of revised Terms of Service means that you accept and agree to the changes which are binding on you, so please check this webpage periodically for updates.

17. Contact Us

If you have questions or concerns regarding these Terms of Service or the Affiliate Program, you may contact us at:

Email: info@honuworldwide.com

Support tickets: https://honuworldwide.com/support/

Postal address: HONU Worldwide Inc., 21 NW 5th Street, Fort Lauderdale, FL 33301