First Name: Last Name: Choose a Username*: E-mail*: PayPal E-mail*: Create a Password: Password Confirmation: I agree to the Affiliate Sign-up Agreement. Affiliate Terms and Conditions As an authorized affiliate (Affiliate) of Hola Destiny LLC (Hola Destiny), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Hola Destiny, its services, products, and Websites as an Affiliate. Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to Hola Destiny by your own website or personal referrals. By signing up for the Hola Destiny Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions. 1. Approval or Rejection of the Application We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application. 2. Commissions Commissions will be paid once at least $30.00 in commission has been earned. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 30 days. You cannot refer yourself, and you will not receive a commission on your own accounts. There is also a limit of one commission per referral. If someone clicks the link on your site and orders multiple accounts, then you will receive a commission on the first order only. Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out. 3. Termination Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons: Inappropriate advertisements (false claims, misleading hyperlinks, etc.). Spamming (mass email, mass newsgroup posting, etc.). Advertising on sites containing or promoting illegal activities. Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws. Violation of intellectual property rights. Hola Destiny reserves the right to require license agreements from those who employ trademarks of Hola Destiny in order to protect our intellectual property rights. Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with Hola Destiny, however, is acceptable. Self referrals, fraudulent transactions, suspected Affiliate fraud. In addition to the foregoing, Hola Destiny reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason. 4. Affiliate Links You may use graphic and text links both on your website and within in your email messages. You MAY NOT purchase paid advertising or advertise Hola Destiny, its products, or Websites in online and offline ads, magazines, and newspapers. You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3. 5. Coupon and Deal Sites Hola Destiny occasionally offers coupons to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon: Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate. Affiliates may not bid on Hola Destiny Coupons, Hola Destiny Discounts or other phrases implying coupons are available. This includes all products, services, and Websites owned by Hola Destiny. Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site. User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed). Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately. 6. Pay Per Click (PPC) Policy PPC bidding is NOT allowed without prior written permission. 7. Liability Hola Destiny will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s). We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Hola Destiny. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors. 8. Term of the Agreement The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated. The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change. 9. Indemnification Affiliate shall indemnify and hold harmless Hola Destiny and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Hola Destiny to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate. 10. Governing Law, Jurisdiction, and Attorney Fees You and we each agree that all disputes or other matters arising from or relating to this Agreement, or the use or operation of the Service, will be governed by the substantive laws of the State of California, U.S.A., without regard to its or any other jurisdiction’s conflicts of laws principles that would apply another law. Any action or proceeding by you relating to any claim arising from or relating to the Service or this Agreement must commence within the shorter of the applicable statute of limitations or one year after the cause of action has accrued. The United Nations Convention for the International Sale of Goods is hereby disclaimed. Applicable Law. You and we each agree that all disputes or other matters arising from or relating to this Agreement, or the use or operation of the Service, will be governed by the substantive laws of the State of California, U.S.A., without regard to its or any other jurisdiction’s conflicts of laws principles that would apply another law. Any action or proceeding by you relating to any claim arising from or relating to the Service or this Agreement must commence within the shorter of the applicable statute of limitations or one year after the cause of action has accrued. The United Nations Convention for the International Sale of Goods is hereby disclaimed. Arbitration. We will attempt to resolve disputes with Affiliates to their satisfaction. If, however, a matter arises that cannot be resolved promptly between you and us, you agree that any disputes arising out of or relating to the this Agreement (including the validity and scope of the agreement to arbitrate and any disputes with other users of the Service) shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under the Federal Arbitration Act, and shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA (for information on the AAA and its rules, see adr.org). You agree that the arbitration shall be held in San Diego, California, unless the AAA or the arbitrator shall determine that venue in such city is unreasonably burdensome, in which case the AAA or the arbitrator shall select a venue that is not unreasonably burdensome to both you and us. You agree that, if the AAA shall be unavailable or decline to administer the arbitration, and the parties do not agree on a substitute, a substitute administrator or arbitrator shall be appointed by the court. The arbitrator may render early or summary disposition of some or all issues, after the parties have had a reasonable opportunity to make submissions on these issues. At our option, this provision shall not apply to claims of patent, trademark, or copyright infringement or misappropriation of trade secrets (collectively, “IP Claims”). In addition, you or we may elect to bring an individual claim in a small claims court, but we do not hereby agree to any personal jurisdiction that is otherwise lacking. You agree that any arbitration shall not permit claims on a class, mass, representative, or private attorney general basis. You further agree that no claims of other parties may be consolidated with your or our claims in the arbitration without both your and our consent. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST US. If any part of this Arbitration clause is later deemed invalid as a matter of law, then it shall be severed and the remaining portions of this section shall remain in effect, with the exception that if the preceding paragraph is deemed invalid, then this entire section shall be deemed invalid and the arbitration clause shall be void. 11. Electronic Signatures Effective The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Hola Destiny affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Hola Destiny application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.