Affiliate Program Terms
Last Updated: September 29, 2021
Thank you for participating in the Hone Affiliate Program! To be eligible to participate as a Hone Affiliate, you must review and accept this Hone Affiliate Agreement (this “Agreement”) by clicking on the “Submit” button or other mechanism provided. PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCEPTING THIS AGREEMENT OR PARTICIPATING IN THE HONE AFFILIATE PROGRAM, YOU AGREE TO THESE TERMS AND CONDITIONS WITH HONE GROUP, INC. (“HONE” OR “WE”). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT CLICK THE “SUBMIT” BUTTON AND YOU SHOULD NOT PARTICIPATE IN THE HONE AFFILIATE PROGRAM.
If you are registering as a Hone affiliate in your individual capacity, then references to “Affiliate” or “you” herein refer to you. If you are registering as a Hone affiliate on behalf of an entity or other organization, you are agreeing to this Agreement for that entity or organization and representing to Hone that you have the authority to bind that entity or organization to this Agreement (and, in which case, references to “Affiliate” or “you” herein refer to that entity or organization).
HONE DOES NOT PROVIDE WARRANTIES OR INDEMNITIES HEREUNDER, AND THESE TERMS LIMIT HONE’S LIABILITY TO YOU.
DISPUTES RELATING TO THIS AGREEMENT, YOUR ACCOUNT OR HONE MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY.
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include without limitation changes in the scope of available referral fees, fee schedules, payment procedures and program rules. If any of the modifications are unacceptable to you, your only recourse is to terminate this Agreement. If you continue participation in the program, it will be considered as your acceptance of the modifications. Subject to the foregoing, no amendment or modification to this Agreement, nor any waiver of any rights hereunder, will be effective unless assented to in writing by both parties.
To enroll in the affiliate program, you must submit an affiliate application form to Hone and be approved. Applicants will be notified of their acceptance status as soon as possible after their information is reviewed.
Subject to the terms of this Agreement, Hone hereby grants Affiliate a non-exclusive license during the term of this Agreement to display a link specifically assigned to Affiliate (whether in the form of text, or a logo or other graphic) provided to Affiliate by Hone (the “Affiliate Link”), which will link to your Affiliate URL (as defined below), in a manner consistent with Hone’s trademark policies promulgated from time to time. If Hone objects to the manner in which Affiliate displays the Link or any other content relating to Hone or its software or services, Affiliate will remedy the issue in the manner requested by Hone as soon as reasonably practicable. All use of Hone’s name or its other trademarks will inure to the sole benefit of Hone. Affiliate agrees to comply with any referral or opportunity registration process that Hone may promulgate from time to time.
4. Affiliate URL
You will be issued a special URL (“Affiliate URL”) once you become an approved member of the Hone Affiliate Program which will be unique to you and you only, and will allow you to be paid for affiliate referrals.
Additionally, some affiliates will have the option of submitting leads directly to Hone through the Affiliate Program dashboard.
Hone’s affiliate program has two commission programs.
- Hone will pay $250 for every qualified lead that books and attends a meeting with Hone’s sales team through a unique affiliate link. To qualify, the lead must have over 100 employees (as verified by Clearbit) and are acting in a Senior HR or L&D capacity for their company. They must also book and attend a meeting with our Hone team within 30 days of the referral date. Commission payments will occur within 45 days of the meeting.
- A select group of affiliates will be invited to join Hone’s Ambassador program. This invitation only group will additionally receive 10% of the net revenue back from first-year sales to the affiliate for leads directly submitted or introduced to Hone, payable within 45 days of receipt of such Net Revenue by Hone. Leads submitted directly must convert to a paid plan within 180 days of the referral date.
Commissions are not available for individual purchases through Hone via Hone’s self-service membership product.
The foregoing commission terms may change from time to time, and may be subject to temporary or limited-time special promotions, challenges or bonuses. “Net Revenue” means license fees received by Hone from a referred Hone customer through a valid referral after applicable discounts are applied.
For example, if the then-applicable commission percentage were 10%, and the customer received a 10% discount, a package of classes worth $1,000; the net revenue would be $900 and would result in an affiliate payment of $90.
For a sale to generate a commission to Affiliate, the customer must either click through your Affiliate URL or be submitted through Hone’s affiliate dashboard. Referrals who do not utilize the affiliate link will not result in an affiliate commission being generated, except as otherwise agreed upon by Hone in its sole discretion. Properly coded links are the sole responsibility of Affiliate. For clarity, and without limitation, referrals and Net Revenues collected as follows or in any of the following situations will not qualify for a commission hereunder:
- Referrals that have an existing relationship with Hone. For example, if sales has an active conversation with a referral (has talked to them within the last 90 days) or the referral has an active Hone customer agreement.
- Referrals/leads already credited to another program member. Once the initial referral period has expired (30 days w/ affiliate link) and (180 days for direct submission), it is eligible for other referrers.
- Referrals of yourself.
Hone may utilize third party payment processors or service providers in order to facilitate payments under the Hone Affiliate Program. Affiliate is solely responsible for keeping its recipient address for the payment processor used by Hone current. Hone will have no liability for, and will not resend, payments returned due to incorrect payment email addresses. Payments will be made within forty five (45) days of a qualified meeting (submitted via affiliate link) or within forty five (45) days after the end of the month in which the corresponding amounts are collected by Hone.
7. Customer Relationship
Customers who purchase products and services through the Hone Affiliate Program will be deemed to be customers of Hone. Accordingly, all rules, policies, and operating procedures concerning customer licenses and services will apply to those customers, and customers shall enter into a separate contractual relationship with Hone for Hone’s services. We may change our policies, pricing structure and/or operating procedures at any time and at our sole discretion.
8. Qualifying Sites
Hone reserves the right to refuse any affiliate entry into the Hone Affiliate Program based on site content. Affiliate will not place any Links on any sites that do not qualify for or are otherwise refused for the Affiliate Program. Sites that do not qualify for the Affiliate Program include, but are not limited to, sites which:
- Promote sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote illegal activities
9. Permitted Usage
The following are permitted uses of the Hone brand and marketing resources
- Affiliate is permitted to use the graphical banners and design resources provided by us. If a specific size banner ad is not available, Affiliate may contact the Affiliate Program manager at email@example.com and request a new banner graphic be added to the available resources.
Our name and logo, and all related names, logos, product and service names, designs, and slogans are the property of Hone or its corporate affiliates or licensors. You must not use such marks without the prior written permission of Hone.
10. Prohibited Usage
Affiliate agrees to the following covenants, and any violation thereof is grounds for immediate termination of this Agreement by Hone. Affiliate will not, directly or indirectly:
- Use the term “Hone” in any variation in its site URL (e.g., honehq.net, honetraining.com, honedeals.com, hone.training.com, etc);
promote coupons that were not provided to Affiliate by Hone;
- host or promote “coupon stacking” sites where customers may combine coupons to receive additional discounts;
- use any advertising platform (e.g., Facebook ads, Google adwords, etc.) in connection with any of Affiliate’s activities related to this Agreement or the Hone Affiliate Program – Affiliate must use only word of mouth or its own media (e.g., Affiliate’s YouTube channel, website blogs, etc.) to generate referrals hereunder;
- in connection with its activities hereunder, (i) violate or infringe any common law or statutory rights of any person or other entity (including, without limitation, proprietary rights, copyright rights, trademark, service mark or patent rights, or any rights of privacy or publicity); (ii) violate any law, rule or regulation; (iii) use any material or information that is obscene, pornographic, libelous, defamatory, slanderous; or (iv) use any false or deceptive material, or otherwise engage in any consumer or other fraud.
11. Hone Anti-Spam Policy
Affiliate will not use spam e-mail or other forms of Internet abuse (including spamming forums, blogs, twitter, facebook and other social media outlets) to seek referrals. Spam includes, but is not limited to, the following:
- Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
- Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules.
- Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
- Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or “Instant Messaging” system;
- Certain off-line activities that are similar to spam, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.
- Affiliate will perform its activities hereunder in compliance with all applicable laws (including the CAN-SPAM Act of 2003) and any other Federal Trade Commission laws or regulations, and
- Affiliate will only send emails containing a Link or message regarding Hone’s products and services to person(s) who have been previously contacted and who consented to the fact that Affiliate will be sending an e-mail containing such information.
Hone may investigate any Affiliate conduct and, at its sole discretion and with or without cause or prior notice, terminate this Agreement. In addition, Affiliate will indemnify and hold harmless Hone against any liability arising from Affiliate’s breach of any obligation, representation or warranty of Affiliate under this Agreement.
If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department at firstname.lastname@example.org
12. Relationship of Parties
The parties are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate has no authority to make or accept any offers or representations on our behalf. Affiliate will not make any statement, whether on its sites or otherwise, that reasonably would contradict the foregoing.
13. Disclosure of Affiliate Relationship
It is the sole responsibility of the Affiliate to disclose the nature of their relationship with Hone to any customers and Affiliate shall indemnify and hold harmless Hone against any liability arising from Affiliate’s lack of proper disclosure to an actual or potential customer.
14. Term and Termination
The term of this Agreement will begin when you accept and will end when terminated by either party. Either Hone or Affiliate may terminate this Agreement at any time, with or without cause, upon written notice to the other (which notice may be sent by email (1) in the case of notices from Hone to you, to the email address associated with your account, or (2) in the case of notices from you to Hone, to email@example.com). Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from all of Affiliate’s sites, all links to the Hone websites (including all Links), and all Hone trademarks and logos, other Hone marks and all other materials provided in connection with this Agreement. Termination results in the immediate closure of the Affiliate’s account and, if Affiliate breaches any term or condition of this Agreement, the loss of all rights regarding referrals and the forfeiture of any unpaid commissions. In addition, upon termination, all rights and obligations will immediately terminate except that any terms or conditions that by their nature should survive such termination will survive, including terms and conditions relating to intellectual property rights and confidentiality, disclaimers, indemnification, limitations of liability and termination, arbitration, class action waivers and the miscellaneous provisions below.
15. Limitation of Liability
HONE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS, EXPENDITURES OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO THE AFFILIATE UNDER THIS AGREEMENT IN THE TWELVE(12) MONTHS PRECEDING THE DATE THE CLAIM AROSE.
HONE HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE HONE SITE AND PRODUCTS, ANY LINKS, THE AFFILIATE PROGRAM OR AN AFFILIATE’S POTENTIAL TO EARN INCOME FROM THE AFFILIATE PROGRAM, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND/OR WARRANTIES ARISING FROM ANY COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE WEBSITES OR THE LINKS WILL BE UNINTERRUPTED OR ERROR-FREE, AND HONE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
HONE WILL MAKE REASONABLE EFFORTS TO TRACK AND PAY COMMISSIONS TO AFFILIATE. HOWEVER, HONE IS NOT RESPONSIBLE FOR TECHNICAL PROBLEMS, ACTS BY THIRD PARTIES, OR OTHER INACCURACIES OR EVENTS OUTSIDE HONE’S REASONABLE CONTROL.
17. Proprietary Information
Affiliate acknowledges that, in connection with this Agreement or the Affiliate Program, it may obtain business, technical or financial information relating to Hone (“Proprietary Information”). Affiliate and its employees and agents shall, at all times, both during the term of this Agreement and after its termination, keep in trust and confidence all such Proprietary Information, and shall not use such Proprietary Information other than in the course of its duties as expressly provided in this Agreement; nor shall Affiliate or its employees or agents disclose any such Proprietary Information to any person without Hone’s prior written consent. Affiliate shall not be bound by this Section with respect to information it can document has entered (or later enters) the public domain as a result of no act or omission of Affiliate, or is lawfully received by Affiliate from third parties without restriction and without breach of any duty of nondisclosure by any such third party.
18. Agreement to Arbitrate; Class Action Waiver
You and Hone agree to resolve any dispute arising under this Agreement by binding arbitration in San Francisco, California, or in another location that both parties agree to. This applies to all claims under any legal theory, unless the claim fits in one of the exceptions below. It also applies even after termination of this Agreement. If the parties have a dispute about whether this agreement to arbitrate can be enforced or applies to such dispute, the parties agree that the arbitrator will decide that too.
You and Hone agree that the parties will go to court to resolve disputes relating to your or Hone’s intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents). Also, either party can bring a claim in small claims court either in San Francisco, California, or the county where you live, or some other place both parties agree on, if it qualifies to be brought in that court. In addition, if either party brings a claim in court that should be arbitrated or either party refuses to arbitrate a claim that should be arbitrated, the other party can ask a court to force the parties to go to arbitration to resolve the claim (i.e., compel arbitration). Either party may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
Prior to filing any arbitration, both parties jointly agree to seek to resolve any dispute between the parties by mediation conducted by the American Arbitration Association (“AAA”), with all mediator fees and expenses paid equally by the parties. If mediation is not successful, either party may initiate an arbitration proceeding with AAA. You can look at AAA’s rules and procedures on their website http://www.adr.org or you can call them at 1-800-778-7879. The arbitration will be governed by the then-current version of AAA’s Commercial Arbitration Rules (the “Rules”) and will be held with a single arbitrator appointed in accordance with the Rules. To the extent anything described in this agreement to arbitrate conflicts with the Rules, the language of this agreement to arbitrate applies.
Each party will be entitled to get a copy of non-privileged relevant documents in the possession or control of the other party and to take a reasonable number of depositions. All such discovery will be in accordance with procedures approved by the arbitrator. This agreement to arbitrate does not alter in any way the statute of limitations that would apply to any claims or counterclaims asserted by either party.
The arbitrator’s award will be based on the evidence admitted and the substantive law of the State of California and the United States, as applicable, and will contain an award for each issue and counterclaim. The award will provide in writing the factual findings and legal reasoning for such award. The arbitrator will not be entitled to modify this Agreement.
Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding on the parties. Judgment may be entered in any court of competent jurisdiction.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. Neither party shall have any right or ability to assign, transfer, or sublicense any obligations or benefit under this Agreement without the written consent of the other (and any such attempt shall be void), except that Hone may assign this Agreement to any third party who succeeds to substantially all its related business or assets. This Agreement contains the entire understanding of the parties regarding its subject matter and can only be modified or waived by a subsequent written agreement signed by both parties.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
Any dispute or claim arising out of this Agreement or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provisions or rules.
By signing up with the Hone Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.