Hola’s Affiliate Agreement
THIS AFFILIATE PROGRAM AGREEMENT (THE “AGREEMENT”) CONTAINS TERMS AND CONDITIONS THAT GOVERN YOUR PARTICIPATION IN HOLA’S AFFILIATE PROGRAM (THE “PROGRAM”). BY FILLING OUT THE SIGNUP FORM AND/OR BY PARTICIPATE IN THE PROGRAM, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS,.AND, IF YOU ARE APPLYING ON BEHALF OF AN ENTITY, THAT YOU ARE AUTHORIZED AND LAWFULLY ABLE TO BIND THE COMPANY OR OTHER LEGAL ENTITY WHICH YOU REPRESENT TO THIS AGREEMENT. ”WE,” “US,” OR “OUR” MEANS HOLA. “YOU” OR “YOUR” MEANS THE APPLICANT. EACH OF THOSE TERMS APPLIES AS DEFINED HERE, WHETHER CAPITALIZED OR NOT ALL DOLLAR AMOUNTS REFERENCED IN THIS AGREEMENT ARE STATED IN U.S. DOLLARS.
1. Program Overview
The purpose of the Program is to permit you to advertise Hola services on your site, blog or any other allowed form of electronic marketing, and to receive a commission on services purchased by your referred individuals.
2. Enrollment in the Program and Affiliate Obligations
To begin the enrollment process you must complete an affiliate application via our site. All information associated with your affiliate account must be real and verifiable. You are allowed to use only one affiliate account unless approved by Hola to use more than one account. The fact that we approve applications does not imply that we may not re-evaluate your application or participation at a later time. We may reject your application or cancel your participation, in our sole discretion, if we decide your site and/or your participation in our Program is unsuitable. We reserve the right, at any time, to review your placement and approve the use of your links, graphical banners, widgets, or other affiliate linking tools, and require that you change the placement or use. We may terminate your participation for any reason, but we note that any of these actions may result in termination
Other Improper advertising methods.
- Promote our services in a manner that contains any form of misleading, defamatory, illegal activities, or contains any other content deemed offensive by us.
- Promote our services in a manner that encourages a user to sign up for the purpose of engaging in any illegal activity.
- Include non-working websites, blogs without content, or parked domains.
- Incorporate any materials which infringe any copyright, trademark, or other intellectual property rights.
- Sending email, SMS or other electronic messages. Hola doesn't allow its affiliates to send emails, SMS texts, or other electronic messages to advertise Hola’s services, even if the recipient has agreed to receive them.
- Including cookies-stuffing techniques. Cookie-stuffing sets the affiliate cookies without the referred visitor’s knowledge or generates hidden forced clicks of your affiliate links.
- Without specific approval, you may not send traffic to Hola’s website by serving pop-up or pop-under impressions. In general, visitors must arrive at Hola's website via a manual click action undertaken directly by a user.
You may not bid for competing keywords that include any variations of “Hola” or misspellings of “Hola” in programs such as Google Ads without specific approval. You may not use your affiliate links in any programs such as Google Ads. You may not write the text “Hola”, or variations, or misspellings thereof, into any ad text which is used to promote your website in a program such as Google Ads. Without specific approval, you may not use forwarding or masking of your domain name when directing your visitors to our site.Account ownership transfer.
You may not transfer ownership or sell your affiliate account to another party without our prior agreement.Brokering and sub-affiliates.
Without specific approval, you may not enlist or delegate third-party companies to direct traffic to our site through your affiliate links. We encourage you to contact us for approval of any brokering or sub-affiliates, but without our approval, any such actions are a material breach of this Agreement.
Hola reserves the right to review and reject any and all advertising creatives, display creatives, text, images, or other affiliate assets that result in user traffic being directed to our site. But you are solely responsible for your site, including its design, development, operation, and maintenance and all materials that appear on or within it.
3. Acceptable Advertising Methods
As an affiliate, you earn compensation by generating clicks to our site that convert to a completed sale. After you have been accepted into the Program you may display affiliate links on your site. Affiliate links are links to our site that properly utilize the special link formats we provide, including the Affiliate ID you received. Affiliate links may be created by you or made available to you by us and must use the hyperlink we create. You are solely responsible for the placement, content, and style of each link that you place on your site or use in promoting our services, and for ensuring that affiliate links include the appropriate formatting necessary for us to properly allocate referrals of customers from your site. Any affiliate link must be placed in such a way that it is not misleading to any visitor and done with the intention of delivering valid sales or clicks to our site. Incentivized commissions and offering any form of incentive to obtain a sale is forbidden, unless we give prior approval.
For a sale to be eligible to earn a commission, the customer must click-through an affiliate link to our site and complete a purchase on our site. You will earn a fee for every lead that converts to a sale when processed through your affiliate link.
Recurring subscribers will count as a potential commission payment throughout the lifetime of the subscriber.
The commission structure is flexible and may be set at a higher rate for certain affiliates depending on sales volume over time. We reserve the right to disqualify commissions earned in violation of this Agreement.
Commission for Qualifying sales will be paid within 30(thirty) days following the end of each calendar month from the date the applicable transaction has been approved by Hola.
If you earn less than $100 during a calendar month, the commission fee will be rolled forward to the next calendar month, until the balance owed is $100 or greater. You must have a PayPal account in order to be paid, unless you are approved by Hola for an alternative means of payment. We support direct wire transfer payments for commissions exceeding or equal $1,000 per month.
6. Term and termination
The term of this Agreement will begin upon our approval of your Program application and will end when terminated by either you or us. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement, you will immediately cease use of, and remove from your site, all links to our site and any other promotional materials that we provided to you as to an affiliate.You are eligible to earn referral fees only for orders that occur during the term of this Agreement.
If you have not earned any referral fees or haven’t logged into your affiliate account within a 12 month period prior to any given month, then we may close your account, terminate this Agreement and withhold any unpaid commissions.
We may also suspend or withhold commission payments to affiliates who are in violation of the terms of this Agreement, but with whom we have opted to not terminate, and instead provide a reasonable period of time to repair the violation.
This Agreement may be amended at any time by us without specific notice to you. The latest Agreement will be posted at our affiliate program's website. You understand and agree that it is your obligation to review our website periodically in order to stay informed of its current form. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following our submission of a modification will constitute binding acceptance of the change.
8. Limitation of Liability
We have no liability whatsoever for your participation in the Program or use of any information or other content available from or through our site, our affiliate linking system, or our site itself. In particular, but not as a limitation thereof, we are not liable for any compensatory, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort, product liability or otherwise; nor for any third party claims of any nature, even if advised of the possibility of such damages or claims.
To the fullest extent permissible pursuant to applicable law, we disclaim all warranties express or implied, including, but not limited to, that any service or information available from or through our site, or our service itself will be merchantable or fit for a particular purpose, that any service or information available from or through our site, affiliate linking system, or our site itself will be uninterrupted or error-free, that defects will be corrected, regarding correctness, accuracy, or reliability, or against interference with your enjoyment of the service or information, or against infringement. The negations of damages set forth above are fundamental elements of the basis of the bargain between us and you. The information and other content available from or through our site, and our site itself, would not be provided without such limitations.
You agree to indemnify, defend, and hold us harmless from any and all claims and expenses, including attorneys’ fees, arising out of your participation in the Agreement or based on claims made against us based on your actions related to this Agreement. We may, at our sole discretion, assume the defense and control of any matter subject to indemnification by you. The assumption of such defense or control shall not excuse any of your indemnity obligations.
11. Choice of law, jurisdiction, venue
Hola is an Israeli company. Any disputes between you and us related to this Agreement or the Program shall be governed by Israeli law. By participating in the Program, you agree that Israeli law governs and that jurisdiction and venue is proper in Israeli courts located in or having jurisdiction and venue over Netanya, Israel.