Snorkel Hawaii - Affiliate

Hawaiian Island Enterprises
Wants to Partner with Your Company!

WHY YOU SHOULD SIGN UP?

Hawaiian Island Enterprises is a Trusted Brand
Worldwide Advertising and Social Media Presence
We have (2) Affiliate Programs to choose from
Earn Up to 9% Commissions for all products
Earn up to 20% Booking Commissions Indefinitely!
No Sign-Up Cost and No Minimum Quotas
High Conversion Rate to Successful bookings
Long Cookies Tracking Duration
eNotifications & Online Commissions Reports
Bi-Monthly Payments for all completed trips

Requirements?

To be a certified Affiliate partner of Hawaiian Island Enterprises, you must First fill out the form below including agreeing to our Terms & Conditions. Second, you must have a working website that can be linked to a Hawaiian Island Enterprises website address. After providing us with the information below, you will receive a confirmation “Welcome to the Team” email from Hawaiian Island Enterprises. Please click on the “Confirm Email” button to complete the Affiliate Onboarding process. You will now be granted access to your secure web portal account where you can make updates and changes to your profile, as well as see all of your activity and commissions.

How it works (LOGO)?

Somewhere within your company website you will have one of our individual company logos or our Hawaiian Island Enterprises Corporate logo that is a “hot” URL link line that connects your originating website users to our website.

If a user comes to any of our Hawaiian Island Enterprise websites from your website, and that user makes a booking for one of our offered activities, we will pay your company a fixed commission (see commissions schedule) when the activity has completed. Also, to be clear, any originating user visiting our site from yours, at any time in the future, will also generate and pay out commissions to your company. There is no limit to the amount of ongoing commissions that an Affiliate can receive.

HMF leaves the website placement of our logo completely up to our Affiliates, as Affiliate commissions are only paid out on Hawaiian Island Enterprises booking activity that originated from your website. It only makes sense that you would choose the most optimal/ best location within your own website to generate commissions from our program.

How does it work (Trip Booking Windows)?

This is for Affiliate Partners that wish to offer Hawaiian Activities “Trip Booking Windows” on their websites, and receive 20% sales commissions from us for all booked trips. Yes, 20%! Its that simple. We also DO NOT CHARGE “Transactional Processing” fees. As reference, please visit our partner www.BigIslandFlow.com website. In the “Adventures” section of our partner’s website you will find (5) Big Island Activities Windows that Jeff wishes to offer to his online visitors. When any of his visiting users clicks on any of these Activities/ Trip Windows our integrated HIE Booking Windows allow his online visitors to book any Ocean or Island Activity on the Island of Hawaii. For every activity booking that Big Island Flow generates through these booking windows, they are being paid 20% of HIEs booking profits. Our booking windows are easy to use, quick, mobile friendly and you won’t have to do anything.

When are Commissions Paid?

Affiliate Commissions are paid out on a bi-monthly basis for all “Completed” trips.
A completed trip means that the scheduled trip time has elapsed and the customer has been charged for all services.
Hawaiian Island Enterprise commissions are automated and we provide you with real time activity reporting and commissions visibility in the Affiliate Portal. You have the option to receive your earned commissions through your PayPal account or by a company issued check. If you generate more than $650 in commissions in a single year, Hawaiian Island Enterprises will need to issue your company a 1099 at the end of that fiscal year.

Personal Information

First Name

Last Name

User Name

Password

Additional Information

Website Address

Company Name

City / State / Country

Address

Zip Code

Phone

Payout Methods

Payout Method

Paypal Email

Terms & conditions

Hawaiian Island Enterprises (HIE)
Affiliate Program Terms and Conditions
FOREWORD

Thank you for your interest in participating in the Hawaiian Island Enterprises Affiliate Program (the “Program”). Our Affiliates are very important to us. In order to enroll as an "Affiliate" in the Program, you will first need to read and accept the terms of the Affiliate Program Agreement that is provided below.

If you have any questions, please don’t hesitate to contact us. For the quickest response, please email us at affiliates@hawaiimarlinfishing.com. You can also reach us via phone:
+1 808.369.9218

SUMMARY

1.  Do not apply if your website promotes sexually explicit materials, violence,
discrimination, and/or illegal activities.

2.  We have the right to monitor your site at any time to determine if you are following the
terms and conditions of this Agreement.

3.  We do not work with distributors of downloadable software, toolbars, browser helper
objects, shopping assistance applications, etc.

4.  Fraud will be policed and penalized.

5.  Spamming is prohibited.

6.  Paid search campaigns containing our trademarks are prohibited.

7.  Cybersquatting and typo squatting are prohibited.

AFFILIATE PROGRAM AGREEMENT

PLEASE READ THE ENTIRE AGREEMENT

YOU MAY PRINT THIS PAGE FOR YOUR RECORDS

AFFILIATE PROGRAM AGREEMENT

THIS IS A LEGAL AGREEMENT BETWEEN YOU (THE “AFFILIATE”) AND THE WEBSITE HAWAIIMARLINFISHING.COM (THE "SITE") WHICH IS A BUSINESS OWNED AND OPERATED BY HAWAIIAN ISLAND ENTERPRISES LLC. PLEASE READ IT CAREFULLY. IF YOU WOULD LIKE TO BECOME AN AFFILIATE PLEASE APPLY TO OUR PROGRAM THROUGH POST AFFILIATE PRO AND AGREE TO THE AFFILIATE PROGRAM AGREEMENT.

1.  Overview
This Hawaii Marlin Fishing Affiliate Program Agreement (this “Agreement”) contains the complete terms and conditions for your participation in the Hawaii Marlin Fishing Affiliate Program. The purpose of this agreement is to allow HTML linking between your website and HawaiiMarlinFishing.com website. In this Agreement, “you,” “your” and “yours” means the Affiliate, and “we,” “us,” “our” and “ours” means HawaiiMarlinFishing.com.

2.  Affiliate Obligations

2.1.    To begin the enrollment process, you will complete and submit the online application at
Post Affiliate Pro.com server. We evaluate your application and approve you as our Affiliate manually, until you are approved you will maintain the status of a pending Affiliate. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:

2.1.1.   Promotes sexually explicit materials

2.1.2.   Promotes violence

2.1.3.   Promotes discrimination based on race, sex, religion, nationality, disability, sexual
 orientation, or age

2.1.4.   Promotes illegal activities

2.1.5.   Incorporates any materials which infringe or assist others to infringe on any copyright,
 trademark, or other intellectual property rights or to violate the law

2.1.6.   Includes ‘’HawaiiMarlinFishing’’ or variations or misspellings thereof in its domain name

2.1.7.   Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene,
 harassing, or racially, ethnically, or otherwise objectionable to us in our sole discretion

2.1.8.   Contains software downloads that potentially enable diversions of commission from
 other affiliates in our program

2.1.9.   You may bit create or design your website or any other website that you operate,
explicitly or implied in a manner that resembles our website nor design your website in
a manner that leads customers to believe you are HawaiiMarlinFishing.com or any other affiliated business

2.2.    As a member of HawaiiMarlinFishing’s Affiliate Program, you will have access to Affiliate
Account Manager. Here you will be able to review our Program’s details and previously-published affiliate newsletters, download HTML code (that provides links to web pages within HawaiiMarlinFishing.com website) and banner creative, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.

2.3.    HawaiiMarlinFishing.com reserves the right, at any time, to review your placement and
approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.

2.4.    The maintenance and the updating of your site will be your responsibility. We may
monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance. We may test your Affiliate Site’s URL, and if such URL is not in compliance with the terms and conditions of this Agreement, we may, in our sole discretion and without limiting any other right or remedy to which we may be entitled, (a) remove such non-conforming URL from the Program; and/or (b) terminate this Agreement.

2.5.    It is entirely your responsibility to follow all applicable intellectual property and other
laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.

2.6.    You authorize us to include at our election your logos, trademarks, trade names and
similar identifying material (“Your Marks”) on HawaiiMarlinFishing in a listing of companies who are participating in the Program. You represent and warrant that you are the sole and exclusive owner of Your Marks and have the right and power to grant to us the license to use them in the manner described herein, and such grant does not or will not breach, conflict with, or constitute a default under any agreement or other instrument applicable to you; or infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity. We will remove Your Marks from any such lists upon the effective date of the expiration or termination of this Agreement.

2.7.    We strongly advise affiliates to stay compliant with the Federal Trade Commission (FTC)
guidelines on testimonials and endorsements. All endorsements, reviews, testimonials on HawaiiMarlinFishing.com services, as well as relationships between other types of content websites (forums, blogs, microblogs, and other Social Media channels) and HawaiiMarlinFishing.com must be clearly disclosed in a separate policy on the affiliate sites.

3.  HawaiiMarlinFishing.com Rights and Obligations

3.1.    We have the right to monitor your site at any time to determine if you are following the
terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made or to make sure that your connection to our website are appropriate and to notify you further of any changes that we feel should be made. If you do not make the changes to your site that we feel necessary, we reserve the right to terminate your participation in Hawaii Marlin Fishing’s Affiliate Program.

3.2.    HawaiiMarlinFishing.com reserves the right to terminate this Agreement and your
participation in the HawaiiMarlinFishing.com Affiliate program immediately and without notice to you should you commit fraud in your use of the Hawaii Marlin Fishing Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, HawaiiMarlinFishing.com shall not be liable to you for any commissions for such fraudulent sales.

3.3.    This agreement will begin upon our acceptance of your Affiliate application and will
continue unless terminated hereunder.

4.  Termination
Either you or we may end this Agreement at any time, with or without cause, by giving
the other party written notice. Written notice can be in the form of mail, email, or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

5.  Modification
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and HawaiiMarlinFishing’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in HawaiiMarlinFishing’s Affiliate Program following the posting of the chance notice or new Agreement on our site will indicate your agreement to the changes.

6.  Payment
HawaiiMarlinFishing.com uses a third party to handle all of the payment process. The third party is PayPal and Bank of Hawaii (Kona Branch). Kindly review the third party payment terms and conditions.

7.  Access to Affiliate Account Interface
You will create a password so that you may enter Post Affiliate Pro secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commission due to you.

8.  Promotion Restrictions

8.1.    You are free to promote your own websites, but naturally any promotion that mentions HawaiiMarlinFishing could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by HawaiiMarlinFishing.com. For example, advertising commonly referred to as ‘’spamming’’ is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups, and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote HawaiiMarlinFishing.com so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves future mailings. Also, you may post to newsgroups to promote HawaiiMarlinFishing.com so long as the newsgroup specifically welcomes commercial messages. At all times, you must clearly represent yourself and your websites as independent from HawaiiMarlinFishing.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in HawaiiMarlinFishing’s Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.

8.2.    Affiliates that exclusively bid in their Pay-Per-Click campaigns on keywords such as:

•   HAWAIIMARLINFISHING.COM

•   HAWAIIMARLINFISHING COM

•   HAWAIIMARLINFISHING

•   WWW.HAWAIIMARLINFISHING

•   WWW.HAWAIIMARLINFISHING.COM

AND/OR ANY MISSPELLINGS OR SIMILAR ALTERATIONS OF THESE-BE IT SEPARATELY OR IN COMBINATION WITH OTHER KEYWORDS - And do not direct traffic from such campaigns to their own website prior to redirecting it to ours, will be considered trademark violators and will be banned from HawaiiMarlinFishing’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice and on the first occurrence of such PPC bidding behavior. Affiliate represents and warrants to HawaiiMarlinFishing.com that, it shall not use or display (directly or indirectly), the trademark, logo, or branding (including, without limitation, any misspelling or substantially similar version thereof) of HawaiiMarlinFishing's Product suppliers, in any manner whatsoever (including without limitation, in any search engine marketing or optimization, in any domain name, any other online/offline marketing or advertising, press releases, etc.) without first obtaining prior written approval from HawaiiMarlinFishing, which may be denied in HawaiiMarlinFishing’s and their suppliers' sole discretion.

8.3.    Affiliates are not prohibited from keying in prospect’s information into the lead form as
long as the prospects information is real and true and these are valid leads. (i.e., sincerely interested in HawaiiMarlinFishing’s service).

8.4.    Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic
Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets,” or “deceptive pop-ups and/or popunders” to consumers from the time the consumer clicks a qualifying link until such time as the consumer has fully exited HawaiiMarlinFishing’s website (i.e., no page from our site or any HawaiiMarlinFishing’s content or branding is visible on the end user’s screen). As used herein “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer-initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing pop ups, commission tracking cookies to be put in place, or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of HawaiiMarlinFishing.com in IFrames, hidden links, and automatic pop ups that open HawaiiMarlinFishing’s website; (d) targets text on websites, other than those websites 100 percent owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on websites 100 percent owned by the owner of the application.

8.5.    Affiliates that are found to be cybersquatting or typo-squatting on trademark-related
domains will be banned from the program with all their commissions reversed.

9.  Grant of Licenses

9.1.    We grant to you a nonexclusive, nontransferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement, and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of HawaiiMarlinFishing’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of HawaiiMarlinFishing.com and the goodwill associated therewith will inure to the sole benefit of HawaiiMarlinFishing.com.

9.2.    Each party agrees not to use the other’s proprietary materials in any manner that is
disparaging, misleading, obscene, or otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

10.     Disclaimer
HAWAIIMARLINFISHING.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING HAWAIIMARLINFISHING.COM SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF HAWAIIMARLINFISHING.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

11.     Representations and Warranties
You represent and warrant that:

11.1.   This Agreement has been duly and validly executed and delivered by you and
constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.

11.2.   You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.

11.3.   You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

12.     Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL HAWAIIMARLINFISHING.COM’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

13.     Indemnification
You hereby agree to indemnify and hold harmless HawaiiMarlinFishing.com and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

14.     Confidentiality
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement, which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

15.     Miscellaneous

15.1.   You agree that you are an independent contractor and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and HawaiiMarlinFishing.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.

15.2.   Neither party may assign its rights or obligations under this Agreement to any party,
except to a party who obtains all or substantially all of the business or assets of a third party.

15.3.   This Agreement shall be governed by and interpreted in accordance with the State laws of Hawaii, in the United States of America, without regard to the conflicts of laws and principles thereof.

15.4.   You may not amend or waive any provision of this Agreement unless in writing and
signed by both parties.

15.5.   This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.

15.6.   The headings and titles contained in this Agreement are included for convenience only
and shall not limit or otherwise affect the terms of this Agreement.

15.7.   If any provision of this Agreement is held to be invalid or unenforceable, that provision
shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

I agree to the Terms & Conditions