REFERRAL AGREEMENT

In this agreement, the terms and conditions are outlined below for participants of the Referral Circle of Lokahi Events.

The term “Affiliate” refers to you, who refers potential clients to “Company”, Lokahi Event. Affiliate is in a position to refer potential clients/customers to Company.

• Referral Arrangement. Affiliate may, from time to time, refer potential clients/customers to Company. Company will pay Affiliate a fee for these referrals.
• Compensation. Company shall pay Affiliate 10% for each successful referral, where a successful referral is defined as a referral that becomes a client/customer of Company. Company shall not pay Affiliate for each unsuccessful referral, where an unsuccessful referral is defined as a valid referral candidate that does not become a client/customer of Company through no fault of Affiliate or Company. Company shall pay Affiliate within thirty (30) days of a completed referral, where a completed referral will be the engagement of the new client/customer or definitive action that the referral will not become a new client/customer. Word of mouth referrals may generate compensation.
• Coupon. Want to promote a coupon? Contact us at naomi@lokahievents.com.
• Banners. Affiliates are allowed to use digital graphical banners provided by the Company. If you need specific size, contact us. Affiliates are not allowed to create and use their own banners with Company’s name, service or products without getting written permission first.
• Spam. Affiliates are prohibited from sending spam email and other form of online abuse on email, social media, and other online methods.
• Payment. Company pays Affiliate to their PayPal account, which provided when member joins. Affiliate is responsible to update this information and may contact naomi@lokahievents.com to receive proper compensation.
• Confidentiality. During the course of this Agreement, it may be necessary for Company to share proprietary information such as industry knowledge to Affiliate in order for Affiliate to seek out potential referrals. Affiliate will not share any of this proprietary information at any time. Affiliate also will not use any of this proprietary information for his/her personal benefit at any time.
• Change of Terms. Company may modify any terms and conditions in this Agreement at any time. These modifications may include, but are not limited to changes pertaining to referral fees, fee schedules, payment procedures. If any terms are unacceptable to you, you must terminate this Agreement. As long as you continue to participate in the Referral Circle Program, it will be considered as your acceptance of change to the updated Agreement.
• Relationship. Affiliates are independent contractors, and is not a Partnership, Joint Venture, Agency, Franchise, Sales Representative, or Employer of the Company.
• Qualifying Sites. Company reserves the right to refuse any website or Affiliate application.

Websites that do NOT qualify for the Referral Circle Program include sites that:

• Promote violence
• Promote sexually explicit materials
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Promote illegal activities
• Violate any copyright, trademark, or other intellectual property rights of Company

• Representations and Warranties. Both Parties represent that they are fully authorized to enter into this Agreement. The performance and obligations of either Party will not violate or infringe upon the rights of any third-party or violate any other agreement between the Parties, individually, and any other person, organization, or business or any law or governmental regulation.
• Indemnity. The Parties each agree to indemnify and hold harmless the other Party, its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from the negligence of or breach of this Agreement by the indemnifying party, its respective successors and assigns that occurs in connection with this Agreement. This section remains in full force and effect even after termination of the Agreement by its natural termination or the early termination by either party.
• Limitation of Liability. Under no circumstances shall either party be liable to the other party of any third party for any damages resulting from any part of this agreement, such as, but not limited to, loss of revenue, anticipated profit, lost business, cost of delay or failure of delivery, or loss or data.
• Disclaimer of Warranties. Affiliate shall refer potential clients/customers as requested by Company. Affiliate does not represent or warrant that such referrals will create any additional profits, sales, exposure, brand recognition, or the like. Affiliate has no responsibility to company if the referrals do not lead to company’s desired result(s). In addition, Company makes no claim that the website or any links are error-free and Company will not be liable for consequences of any interruptions or errors.
• Waiver. The failure by either party to exercise any right, power or privilege under the terms of this Agreement will not be construed as a waiver of any subsequent or further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
• Legal and Binding Agreement. This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding in the state of Hawaii, United States. The Parties each represent that they have the authority to enter into this Agreement.
• Governing Law and Jurisdiction. The Parties agree that this Agreement shall be governed by the State and/or Country in which both Parties do business. In the event that the Parties do business in different States and/or Countries, this Agreement shall be governed by the State of Hawaii law.
• Entire Agreement. The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.
• Termination. Upon receiving complaint of an Affiliate, we will begin investigation of complaint and may put your account under pause. If necessary, we will terminate your affiliate account if Affiliate breaks Agreement. Termination results in immediate loss of referrals, forfeit any unpaid money on account.
  

By signing up with Lokahi Event’s Referral Circle, you acknowledge that you have read this agreement and agree to all its terms and conditions.