Be Kekoa® Affiliate Program Agreement | Official Terms & Conditions

Be Kekoa® Affiliate Program Agreement

Effective on electronic acceptance by Affiliate

1. Parties

This Affiliate Program Agreement (“Agreement”) is entered into by and between Be Kekoa Inc., a California corporation, 28636 Old Town Front St., Suite 200, Temecula CA 92590 USA, phone +1 951-216-9880 (“Company”), and the individual or entity accepting these terms electronically via the Simple Affiliate™ application (“Affiliate”).

2. Enrollment & Eligibility

  1. Application. Affiliate must provide accurate enrollment data; Company may approve or reject any application in its sole discretion.
  2. Eligibility. Affiliate must be at least 18 years old, comply with applicable laws, and—if a U.S. person—submit IRS Form W-9 (non-U.S. persons must supply equivalent tax documentation upon request).
  3. Manual Review. All applications are manually reviewed before activation.

3. Commission Structure

  1. Standard Rate. 10 % of Net Sales.
  2. First-Time Customer Rate. 20 % of Net Sales on a customer’s first order.
  3. Net Sales. Gross paid price minus shipping, taxes, discounts, refunds, and charge-backs.
  4. Permanent Customer Connection. Lifetime attribution applies; all future orders by a referred customer earn commissions while this Agreement is in force.
  5. Minimum Purchase. Commissions accrue only on orders of US $20.00 or more.
  6. Reversals. Refunded or fraudulent orders void related commissions.

4. Payouts

  1. Autopay Schedule. On the last calendar day of each month, Simple Affiliate generates autopayments; Company must confirm them before funds transmit.
  2. Threshold. Payments issue when Affiliate’s confirmed balance ≥ US $50.00; smaller balances roll forward.
  3. Method. Funds are remitted via Stripe Connect or another payout method linked by Affiliate.
  4. Currency & Fees. All payouts are in U.S. dollars; Affiliate bears bank/conversion fees.

5. Tracking & Confirmation

  1. Referral Identification. Commissions accrue only through Affiliate’s unique link or discount code.
  2. Confirmation Delay. A five-day delay applies; commissions are “confirmed” after successful payment capture and expiry of that delay.
  3. Cookie Window. A 30-day last-click cookie applies unless otherwise displayed.

6. Affiliate Conduct

  1. Permitted Channels. Personal websites, blogs, social media, and e-mail lists lawfully obtained.
  2. Prohibited Conduct.
    • Sending unsolicited bulk e-mail or SMS (“spam”);
    • Listing on coupon/deal sites without written consent;
    • Bidding on “Be Kekoa” or confusingly similar marks in paid-search ads;
    • Misrepresentation, hate speech, or any illegal activity;
    • Self-referrals (disabled in the Platform).
  3. Mandatory Disclosures. Affiliate must follow FTC Endorsement Guides (#ad, #sponsored), CAN-SPAM, and GDPR/UK GDPR where applicable.

7. Intellectual Property

Company grants Affiliate a limited, non-exclusive, revocable license to use Be Kekoa trademarks and imagery solely to promote Company products under this Agreement and in accordance with Company brand guidelines.

8. Term & Termination

  1. Term. This Agreement remains in force until terminated.
  2. Termination for Convenience. Either party may terminate on 30 days’ written notice via e-mail.
  3. Immediate Termination. Company may terminate immediately for fraud, prohibited conduct, or material breach.
  4. Post-Termination. Affiliate must remove all Company links/codes; confirmed but unpaid commissions will be paid on the next payout cycle.

9. Confidentiality & Data Protection

Affiliate shall keep non-public Company information confidential and use it only for program purposes. If Affiliate processes personal data of EU/UK residents, Affiliate acts as an independent controller and must comply with GDPR/UK GDPR.

10. Indemnification

Affiliate will indemnify and hold Company, its officers, and employees harmless from third-party claims arising from Affiliate’s breach of this Agreement or violation of law.

11. Limitation of Liability

Company’s aggregate liability shall not exceed the commissions paid to Affiliate during the twelve (12) months preceding the event giving rise to liability. Company is not liable for indirect, incidental, or consequential damages.

12. Governing Law & Venue

This Agreement is governed by the laws of the State of California. The parties consent to exclusive jurisdiction in the state and federal courts located in Riverside County, CA.

13. Amendments

Company may modify this Agreement by providing fourteen (14) days’ notice via e-mail or Platform alert. Affiliate’s continued participation after the notice period constitutes acceptance.

14. Miscellaneous

No waiver is effective unless in writing. This Agreement, together with incorporated policies, constitutes the entire understanding. Affiliate may not assign its rights without Company’s written consent. If any provision is unenforceable, the remainder shall remain in effect.


Electronic Acceptance

By clicking “I Agree” (or a similar button) in the Simple Affiliate dashboard, Affiliate confirms that it has read, understands, and agrees to be bound by this Agreement as of the date of electronic acceptance.