Overview

The following terms and conditions apply to anyone accessing or using our 'Ohana Program, whether as a merchant (“we” or “our”) or as a partner (“you” or “partner”) who refers customers to our products or services.

By joining this program, partners accept to use the program in the manner stated in these terms and conditions and are bound by them. You are not authorized to register as a partner or participate in the program in any way if you do not agree to these terms and conditions in their entirety.

Subcontractor; Partnership

Partners are not and shall not be deemed an employee, agent, or joint venture of Living Moments Media (LMM), and neither party shall have any right or authority to assume or create any obligation on behalf of or bind the other party in any manner whatsoever. Partners are considered legal subcontractors. The subcontractor is responsible for keeping his or her own records and paying his or her own income and self-employment taxes.

Content License

Partners hereby grants to Living Moments Media (LMM) and its subsidiaries, partners, affiliates, licensees, agents, representatives, successors and assigns: Unrestricted, fully-paid, royalty free, exclusive, transferable and irrevocable rights, power and authority to use, reproduce, publish, print, distribute, transmit, copy or otherwise use any of the Content, worldwide and perpetually, in whole or in part, in any medium known now or later discovered, for the purpose of its advertisements, promotions, marketing activities, public relations, educational and other commercial or non-commercial purposes, subject only to the payment made to partners.

Modification of 'Ohana Program Terms and Conditions

Living Moments Media reserves the right to modify and change the terms of the agreement at any time. It is the responsibility of the partner to check back on the terms occasionally. In the event that the partner does not accept any changes, the option for the partner is to terminate their enrollment in the program.

Accepted Methods of Advertising

• Partners are allowed to use materials provided by the program, such as links, coupon codes, any relevant banners, and/or text ads.
• Promotions should include our offers, discount codes, and links provided by LMM.
• Partners should remove invalid or expired codes and banners.
• Discount codes and links are not permitted to be promoted on third party websites such as coupon databases. You are permitted to advertise your codes and links on your own social media accounts.
• It is strictly forbidden to use Living Moments Media’s trademarks on any paid advertising channels without permission.
• If a sale occurs from an improper promotion, the commission may result in a loss.
• We reserve the right to take legal actions against any partner if they commit fraud.
• Sometimes partners' codes may change. Partners will be contacted with their new code or if their old code needs to be replaced with a new discount code. 

No Domain Forwarding or DNS Redirections

While using your Partner Link, you may not set up domain forwarding straight to other sites.

Prohibited Ad Copying

Promoting old invalid offers that have expired is not allowed. Using certain words such as “official” or “free” is considered false advertising unless you have consent from us. Do not simply copy Living Moments Media landing pages without permission. Partners must have their own unique landing pages. 

Harmful Activities or Content

You must refrain from any actions that could endanger our clients, staff, business, or reputation, and your platform must not host any content that could do the same. Examples of actions and materials that violate the rules of this program include the following. Living Moments Media maintains the right to edit or add to this list because it is not all-inclusive.

• Target consumers or visitors who are below the age of 16.
• Hosting, posting, advocating or promoting pornographic or obscene content, tasteless images, excess violence or hate, discrimination, illegal content or any criminal activity.
• Linking to, or encouraging visitors to visit, sites that contain any of the aforementioned content.
• Sending unsolicited commercial mail or indiscriminate advertising, including without limitation, failing to comply with the laws and regulations governing the sending of commercial mail.
• Collecting personal information in breach of the data protection or privacy laws of any jurisdiction that apply to you or your platforms.
• Intercepting, diverting or redirecting internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website, including, without limitation, the use of toolbars, browser plug-ins, extensions and add-ons or attempting to do any of the foregoing.
• Cause any purchases to be made that are not in good faith (such as using any device, program, robot iframes or hidden frames, cookie stuffing techniques that set the tracking cookie without the user actually clicking on the referral link, etc.).

Partner Links & Coupons

Although a partner link is generated automatically, you can also create one for a single product or collection. If a customer clicks on someone else's partner links and afterwards clicks on yours, it's yours that counts. 

On the dashboard, partners may or may not be assigned to one discount code, with specifics and usage clarified. You will not receive a double commission if a customer clicks on the partner link and then uses the coupon code. If you have not been assigned a branded coupon, you aren't authorized to advertise it. 

Partners may also promote our website on social media platforms such as Facebook, Instagram, Pinterest, TikTok, Youtube as well as print publications such as magazines and newspapers.

Coupon or Discount Sites

In order to encourage your visitors to use the partner link, you may not provide any kind of payment or incentive. Do not specifically use websites or mobile apps (Incentive Sites) to encourage users to the platforms where you have posted the link by offering bargains, coupons, promo codes, discounts, loyalty points, donations to charitable organizations, or other types of incentives. We reserve the right to withhold commissions, suspend your participation in the Program, or immediately terminate the agreement with you if you try to use Incentive Sites to drive traffic.

Commission & Payouts Structure

If you refer a customer to our website and they place an order, you will be paid a commission based on the commission structure. The commission amount is determined by the order value and does not include any additional fees (tax, shipping cost, etc). 

You must set payment details in your partner account settings to receive the commission. If you are located in the United States, you are allowed to set up a bank transfer payment. PayPal is another formidable option as well.

Payments will be made only for transactions that have been completed successfully. Our 'Ohana Program is regulated by a fair usage policy, which allows us to examine each and every sale. Status of the sale is displayed in the sales tab and any paid commission will be listed on the Payouts tab. Transactions that result in chargebacks or refunds are not eligible for payment.

Compensation Agreement

In consideration for the services, Living Moments Media will pay the partner a percentage of the Net Revenue (as defined below) collected by LMM in accordance with the partner's selected program. For purposes of this Agreement, “Net Revenue” means gross fees received by LMM from Qualifying Orders (as defined below), less amounts paid for using store credit or gift certificates, taxes, duties and transaction-based costs and expenses, including but not limited to payment process fees and shipping fees. 

For purposes of this Agreement, “Qualifying Orders” means purchases of Living Moments Media product(s) via the partner page that are made by a method of payment accepted by Living Moments Media. The commission is also only paid to Partners if the Qualifying Order is final. Any returns will cause that specific commission to be deducted out of the month payouts. Living Moments Media is not responsible for making any payments based on any amounts which result from any fraudulent transactions.

Commissions

We will pay you graduated commission rates based on the volume of sales that you generate. The actual commission rates and the number of sales you have to generate per month to move up to the next tier of higher commission rates are specified in your Program Account.

Commission rates are applied against the price of the Products actually invoiced to our customers, after deducting goods and services tax (GST), sales tax, sales and services tax (SST), value added tax (VAT), levies or other taxes typically assessed on the sale of goods (the Transaction Taxes) and shipping or fulfillment expenses (whether such expenses were borne by our customers or by us) calculated according to methodology for allocating Transaction Taxes and expenses to product sales.

Payments

Partners receive a commission for sending authorized sales via unique referral links provided by the ‘Ohana Program. In order to receive a commission, the referred customer is required to complete their purchase by clicking through the partner link within 30 days of the initial click-through.

• Payments will be made monthly, on the first of every month (or the next business day thereafter).
• Payout rates may change and they can be viewed by logging into the partner dashboard.
• It is the partner's responsibility to determine if the payout for the link provided has been discontinued.
• Links that can be tracked and reported on our program systems, the referred customer must have cookies enabled in order to track your referrals.
• It is the responsibility of the partner to ensure their code is not being exploited outside of their own personal channels.

Marketing Resources

Through the Marketing Resources tab, we may share promotional media with you, such as a banner, logo, or a specific collection promotion. To distribute on partner channels, you may either download the media or acquire the HTML embed code.

We also encourage partners to reach out via email for other promotional opportunities. Living Moments Media is willing to assist representatives that want additional materials or content.

Network

If the Network tab is enabled, partners can ask others to become their new partner. If a new partner successfully refers and completes a purchase from our store, the original partner will receive a network commission based on our 'Ohana policy.

Share the network link with other partners to invite them to join the network, and each partner who clicks on the link and registers will become a new partner under our 'Ohana.

Cookies

We track customers who click on your link using cookies, thus, they must be using cookies so we can track them.

We cannot track a user who does not allow cookies or clears their cookies, so we cannot pay rewards on that person's activity.

Cookie duration is specified in the 'Ohana Partner Program. We lead with generosity, therefore, we set our duration for 30 days. When a customer clicks on the partner's link or applies the coupon, the tracking begins. During the cookie period, every purchase made by this client on our website will result in commissions to the partner.

Legal Age Limitations

Participants in the program must be adults who are legally able to enter into a contract. You need your parent's or legal guardian's approval to join as a partner if you are a minor or lack the mental capacity to do so. Whether or not your parent or legal guardian approves of your participation in the Program, the Program is not available to anybody under the age of 16.

Governing Law, Jurisdiction and Venue.

The provisions of this Agreement will be construed and enforced in accordance with, and any dispute arising out of or in connection with this Agreement, including any action in tort, will be governed by, the laws of the State of Hawaii. Each party hereby irrevocably submits to the exclusive jurisdiction and venue of the courts within Hawaii.

Exclusion from 'Ohana Partner Program

If a partner wants to go in another direction other than our 'Ohana Program, please send us an email @ [email protected].

Go Ahead and Refer!

We're delighted you've made it this far through this important information!

We wish you the absolute best. You can come back to these 'Ohana Program Terms and Conditions at any time, and if you have any questions, please send us an email @ [email protected] for assistance.