Become an Affiliate(beta)

Why Affiliate?

Becoming a Luna Sandals Affiliate allows you to earn money and support Luna by placing ads and links on your website. You will be eligible to earn a 10% commission on all qualifying sales.

How it Works

Complete the sign up form to get started. We will then assign you an affiliate code and give you some resources to create ads, track your affiliate sales, and submit payout requests. You can use the affiliate code with any link to http://lunasandals.com. When a user clicks your affiliate link, your account will be attached to their shopping cart and if they complete a sale, it will record as a sale for you.

Please carefully review the Terms and Conditions below for additional details.

Affiliate Sign Up

Tell us why you'd be an awesome Luna Affiliate. Include websites, stats, sponsors, general awesomeness, etc...

This Affiliate Program Agreement ("Agreement") provides terms and conditions applicable to your membership in the Luna Sandals Affiliate Program ("LSAP").

1. Overview.

Luna Sandals LLC., a Washington limited liability company ("Luna Sandals"), operates www.lunasandals.com as a retail website (“Website”). Within the Website, there are multiple web pages designed to provide information on a specific subject or Luna Sandals product (“Webpages”). All references to Websites under this Agreement shall include the collection of Webpages. In accordance with the terms of this Agreement, Luna Sandals offers opportunities for companies operating their own websites ("Affiliates") to advertise and promote Luna Sandals products and the Luna Sandals’ Website. The program includes the right for Affiliates to: (1) lawfully post an approved graphical or textual Internet hyper-link ("Link") to the Luna Sandals’ Website; and (2)•lawfully direct visitors from the Affiliate's website to the Luna Sandals’ Website ("Destination Site"); and (3)•earn a "Commission" (as defined in Section 7below ).

2.Approval.

All participation in LSAP is subject to Luna Sandals prior written approval, which may be withheld in Luna Sandals' sole discretion. In addition, each approval is made on a website by website basis. For those Affiliates operating Links on more than one website. Affiliate must submit the URL for each individual website for which the Affiliate is seeking approval, regardless of whether Affiliate maintains a separate account on the LSAP for all such Affiliate websites. Unless notified to the contrary, in writing from Luna Sandals, all prospective Affiliates must submit an application to Luna Sandals in order to become an "approved" Affiliate eligible to participate in LSAP and post Links to the Luna Sandals’ Website and earn Commissions for Qualifying Sales (as defined in Section 7 below). After receiving a completed application, Luna Sandals will notify each prospective Affiliate in writing (by e-mail or otherwise) whether or not it has been approved. Affiliate is not authorized to participate in LSAP or to post Links to the Luna Sandals Website or any Luna Sandals Webpage until receiving prior written approval from Luna Sandals pursuant to the terms and conditions of this Agreement. If the Affiliate’s application is approved, Luna Sandals shall provide the Affiliate with an Affiliate Code which must be attached to customer transactions in order to meet the requirements of a Qualifying Sale as further described in Section 7 of this Agreement.

3. Limited License to Use Luna Sandals Marks.

Upon granting approval of Affiliate’s application pursuant to the terms and conditions of this Agreement, Luna Sandals grants to Affiliate a limited, revocable, non-transferable, non-exclusive license to use (in the United States), during the term of this Agreement, only those Luna Sandals marks, trademarks, service marks, trade names, trade dress, logos, graphics and icons specifically designated and provided by Luna Sandals in connection with such approval ("Marks"). Affiliate's use of the Luna Sandals' Marks will at all times be subject to the prior written approval of Luna Sandals (which may be withheld, conditioned or delayed in Luna Sandals’ sole discretion) and must comply with the terms and conditions of this Agreement, including without limitation, the following requirements:

  • Affiliate shall comply with all guidelines provided by Luna Sandals with respect to the graphic reproduction, appearance, and "look and feel" related to the marketing and representation of Luna Sandals, its Marks and its products and services.
  • Affiliate's use of the Marks shall include the appropriate trademark/service mark symbols and Affiliate shall not remove such symbols.
  • Nothing in the Agreement gives Affiliate any right, title or interest in the Marks, the "Luna Sandals" name, logo or mark, or any other Luna Sandals owned rights or marks.
  • Luna Sandals reserves all rights, title and interest in the Marks and the goodwill associated with use of the Marks shall inure solely to the benefit of Luna Sandals.
  • All rights not expressly granted in this Agreement are specifically reserved exclusively by Luna Sandals.
  • The Affiliate's right to use the Marks is limited to and arises exclusively out of the license granted hereunder.
  • This license may be immediately terminated upon notice from Luna Sandals, in Luna Sandals sole discretion, and shall terminate immediately upon such notice or any termination or expiration of this Agreement.
  • Affiliate shall not assert the invalidity, unenforceability, or contest the ownership by Luna Sandals of the Marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice Luna Sandals right, title or interest in the Marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
  • Affiliate agrees not to register or attempt to register any phrases, marks or logos that would cause confusion, or be likely to cause confusion, with any of the Luna Sandals' Marks.
  • Affiliate acknowledges Luna Sandals rights in and to the Marks and any display by Affiliate of Marks will inure to the exclusive benefit of Luna Sandals.
  • Affiliate may not make any specific representations concerning the quality of any Luna Sandals products or services, nor that Luna Sandals "officially" endorses Affiliate in any way, nor that Luna Sandals recommends Affiliate's products or services over those of any other company or person.
  • Affiliate is not permitted to use the Marks to disparage or parodize Luna Sandals, its subsidiaries, products, or services, or for promotional goods, or for products which in Luna Sandals reasonable judgment may diminish or otherwise damage Luna Sandals goodwill in the Marks, including but not limited to uses that could be deemed to be obscene, violent or otherwise in poor taste or unlawful, or which purpose is to encourage unlawful activities.

4. Usage Guidelines.

Luna Sandals requires that Affiliate obtain original, digital or camera-ready artwork directly from Luna Sandals. No re-sampling or other attempted duplication is allowed and no alterations, modifications, cropping or additions to the Marks are permitted. All printed materials or visual displays that involve any graphics or color must be presented in the original colors provided. The typeface for the Marks will only be the typeface supplied by Luna Sandals. Original logo art supplied by Luna Sandals can be enlarged or reduced in size, but must be done in exact proportion to the original height and width. The Marks should always have the "®" registered mark symbol or "SM" service mark symbol near the right shoulder of the mark, as applicable. The "Luna Sandals®" logo must only appear in standard size for the allowed Affiliate materials, such size to be pre-approved by Luna Sandals in accordance with the terms of this Agreement. The Affiliate's mark(s), name(s) and/or logo(s) must not touch or be placed inside of any part of the "Luna Sandals®" logo. The "Luna Sandals®" logo may not be violated or touched by any other text or graphics in any way and there must be a border of space of at least 15 percent of the total height of the letter "L" surrounding the "Luna Sandals®" logo on all sides in every instance the Mark appears.

Any marketing materials or visual display for the Affiliate's products or services that use any of the Marks must (in the sole opinion of Luna Sandals) be consistent with the following brand attributes of the products and services offered by Luna Sandals:

  • Any colors, fonts, images or graphics that are used in materials that visually display the Marks must reflect those same brand attributes without copying the overall Luna Sandals trade dress that appears on the Luna Sandals' websites or other Luna Sandals created materials.
  • In Luna Sandals review of Affiliate's marketing materials, Luna Sandals may provide input about whether said materials or displays conform to the brand character. If marketing materials or visual displays are, in the sole discretion and/or opinion of Luna Sandals, inconsistent with Luna Sandals brand character, Luna Sandals can require that such materials be changed prior to any public distribution as set forth in this Agreement.
  • Luna Sandals reserves the right to object to unfair uses or misuses of the Marks or other violations of applicable law.
  • Permission to use the Marks is subject to revocation at any time by Luna Sandals as to each of Affiliate's uses.

5. Limited License to Link to Luna Sandals website.

Upon receiving a written notice of approval, Luna Sandals will provide Affiliate with the logos and graphics for graphical/textual Links and grant Affiliate a limited, revocable, non-transferable, non-exclusive license during the term of this Agreement to post on each of Affiliate's websites that have been approved by Luna Sandals in advance, graphical/textual Links (only as approved by Luna Sandals) to the Luna Sandals Destination Site and to direct visitors to the Destination Site in accordance with the terms and conditions of this Agreement. Affiliate's use of the Marks must comply with the following:

  • The Link between the Affiliate's website and Luna Sandals Destination Site must be a direct Link (e.g., no interstitials, pop-up windows or redirects);
  • The Link between the Affiliate's website and Luna Sandals Destination Site may not be framed or co-branded by Affiliate;
  • The Link between the Affiliate's website and Luna Sandals Destination Site may not contain any trojan horses, spyware, worms, time bombs, viruses or other harmful programming routines; and
  • The Link must incorporate a unique "tag" provided by Luna Sandals in order to permit accurate tracking, reporting and credit for Commission payments.
  • Affiliate must ensure that each of the Links between its website and the Destination Site properly utilize the Luna Sandals tagged link format. Affiliates will only earn Commissions with respect to activity on the Destination Site occurring directly through a tagged Link meeting the requirements of this Agreement.
  • Luna Sandals will not be liable to pay Affiliate for sales that are received from untagged Links.

6. Advertising Restrictions.

Affiliate's website must have bona fide content and may not simply use or employ domain names which are similar to the Marks, the Destination Site or to Luna Sandals Website in order to obtain sales (e.g., domain names based on misnomers, pseudonyms, misspellings, typos, similar phonics relating to the Luna Sandals websites are not permitted) or incorporate any of the Marks as metatags on any pages on the Affiliate's website, nor may Affiliate use search engine placements (e.g. purchase of key terms) that are based on the Marks, or domain names based on misnomers, pseudonyms, misspellings, typos, similar phonics relating to the Luna Sandals' Marks or Website.

Under LSAP, Affiliate shall not:

  • have any authority to make or publish any statement, claims, representation or warranty about Luna Sandals products or services, which could be deemed to be a binding offer, obligation or guarantee by Luna Sandals;
  • misrepresent the services provided by Luna Sandals or the services offered by the Luna Sandals Website;
  • imply any type of affiliation or relationship with Luna Sandals, other than that of advertiser;
  • solicit visitors to any Luna Sandals Website by e-mail;
  • solicit visitors by telemarketing;
  • solicit visitors by pop-up advertisements; or
  • provide cash, points or gifts to entice visitors as an incentive to complete any action or transaction on the Destination Site.

7. Qualifying Sales and Commissions

Luna Sandals will pay a ten percent (10%) commission (“Commission”) for sales that meet all of the following conditions (“Qualifying Sales”):

  • Qualifying Sales must originate from a lawful click on an approved Luna Sandals advertisement (Luna Sandals' approved text link, banner advertisement or other approved method of creating a hyperlink between Affiliate's website and the Destination Site) posted on the Affiliate's approved website, which operates as a textual/graphical hyper-link to a Destination Site, all in accordance with this Agreement;
  • and
  • Affiliate acknowledges that attachment of the Affiliate’s Code to a customer’s transaction is dependent, in part, on the web browser utilized by a customer and the duration of a customer’s browser session. Web sessions do not crossover between different browsers. Different customers will use different web browsers to access the Luna Sandals’ Website and the same customer may use different web browsers to access the Luna Sandals’ Website on different occasions. Affiliate agrees and acknowledges that Qualifying Sales must be attached to the Affiliate’s Code provided by Luna Sandals and that attachment will be affected by the use of different web browsers and the duration of a browsing session as determined by different browsers. The requirement for Qualifying Sales to be attached to an Affiliate’s Code shall be strictly construed and Luna Sandals shall have no obligation to pay Commissions for transactions in which this requirement is not satisfied.

Affiliate agrees and acknowledges that Affiliate’s introduction of customers to Luna Sandals and its Website may result in brand loyalty, repeat transactions and visits to Luna Sandals’ Website and that, at some point, the customer’s motivation for purchasing Luna Sandals’ products and visiting Luna Sandals’ Website is no longer attributable to Affiliate’s participation in the LSAP. As such, Luna Sandals reserves the right to deny Commissions for repeat transactions by customers introduced by Affiliate through the LSAP; provided, however, that Luna Sandals may not deny such Commissions for a customer’s first Qualifying Sale unless the Qualifying Sale occurs more than six (6) months after the customer’s access of the Luna Sandals’ Website via the Affiliate’s Link.

Affiliate shall not employ any means, method or device to artificially inflate the number of Qualifying Sales or the amount of any Commission.

Luna Sandals shall provide Affiliate with access to Affiliate’s “stats” in order to allow Affiliate to track and calculate the number of visitors to Luna Sandals Destination Sites that are generated by Affiliate and to submit payout requests for Commissions earned. Affiliate’s stats shall be accessible on the Affiliate on the Luna Sandals’ Website. . Determination of whether a customer’s visit results in a Qualifying Sale and the amount of any Commission shall be made in accordance with the terms and conditions of this Agreement and, in the event of any disputes regarding the same, the determination shall be made by Luna Sandals, in its sole discretion, and such determination shall be final. Affiliate acknowledges that Luna Sandals has a thirty (30) day customer return policy and Affiliate may not submit payout requests more often than every thirty-one (31) days. Luna Sandals may chargeback to Affiliate (e.g., debit or offset from any amounts owed) any Commissions paid or credited to Affiliate with respect to Qualifying Sales that were returned by the visitor within the return period or paid in error by Luna Sandals; the Affiliate hereby consenting to the same. Other than the payment of the Commission, Affiliate shall have no claims to any additional compensation, commissions or business derived by or through Qualifying Sales. ◦Commissions for Qualifying Sales shall be in an amount stated in writing by Luna Sandals.

8. Representations, Warranties and Covenants. ◦Affiliate represents and warrants that:

  • Affiliate is duly organized, validly existing, and in good standing under the laws of the state or country of Affiliate's origin;
  • Affiliate has established and implemented commercially reasonable practices and procedures and will continue to perform spot checks or audits to insure that full compliance with all federal, state and local laws and regulations, including without limitation the provisions of the CAN-SPAM Act of 2003 and with the Federal Telemarketing Sales Rules, including the provision relating to the NATIONAL DO NOT CALL REGISTRY (16 C.F.R. Part 310);
  • Affiliate shall pay all taxes levied against all activities of Affiliate pursuant to this Agreement and all Commissions paid to Affiliate pursuant to Qualifying Sales under this Agreement;
  • Affiliate will promptly notify Luna Sandals, in writing, if it receives any complaints or notices from any governmental agencies (including any third party claims asserted in state or federal courts) referencing a violation of any federal, state and local laws and regulations and particularly, the provisions of the CAN-SPAM Act of 2003 and with the Federal Telemarketing Sales Rules, including the provision relating to the NATIONAL DO NOT CALL REGISTRY (16 C.F.R. Part 310);
  • Affiliate will perform a full investigation, within forty-eight (48) hours of receipt of a request, if either party to this Agreement receives an inquiry or complaint from a governmental agency (including any third party claims asserted in state or federal courts) relating to this Agreement and compliance with the CAN-SPAM Act of 2003, the DO NOT CALL REGISTRY provisions, or any similar federal, state, or local statute or regulation; or for providing information that was procured through fraud, identity theft or any illegal or illicit means to determine the merits of the inquiry or complaint;
  • Affiliate will indemnify, defend, and hold harmless Luna Sandals from any and all third party claims resulting or arising from Affiliate's acts or omissions;
  • Affiliate has all requisite power and authority to enter into this Agreement and to carry out and perform its obligations under the terms of this Agreement;
  • This Agreement has been duly authorized, executed, and delivered by Affiliate and is a valid and binding obligation of Affiliate enforceable in accordance with its terms;
  • Affiliate shall post and maintain during the term of this Agreement a privacy policy in connection with its website that is in compliance with applicable law; and
  • The execution and performance of and compliance with this Agreement does not and will not conflict with, or constitute a default or violation under, nor result in the breach of: (a) any term of Affiliate's governing documents; (b) any term or provision of any contract or agreement to which Affiliate is a party; or (c) any order, code, regulation or law applicable to Affiliate.

9. Disclaimer of Warranties and Limitation of Liability.

THE USE OF THE LUNA SANDALS MARKS AND THE LINK TO THE LUNA SANDALS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS. LUNA SANDALS MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE ACCURACY, SECURITY, PERFORMANCE OR FUNCTIONALITY OF THE MARKS OR THE WEBSITE (INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THEY WILL BE ERROR OR VIRUS FREE OR THAT SERVICE WILL BE UNINTERRUPTED) AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT. THE MARKS AND THE LUNA SANDALS WEBSITE ARE SUBJECT TO CHANGE AT ANY TIME IN LUNA SANDALS' SOLE DISCRETION.

UNDER NO CIRCUMSTANCES SHALL LUNA SANDALS BE LIABLE TO PUBLISHER; PUBLISHER'S VISITORS, USERS OR SUBSCRIBERS; OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH PUBLISHER FOR ANY LOSS, LIABILITIES, INJURY, OR DAMAGE, OF WHATEVER KIND OR NATURE, RESULTING FROM OR ARISING OUT OF ANY MISTAKES, ERRORS, OMISSIONS, DELAYS, OR INTERRUPTIONS IN THE RECEIPT, TRANSMISSION, OR STORAGE OF ANY MESSAGES OR INFORMATION ARISING OUT OF OR IN CONNECTION WITH USE OF THE MARKS OR THE WEBSITE; AND, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LUNA SANDALS SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY DAMAGES OR SPECIAL DAMAGES, LOST PROFITS, LOST OPPORTUNITIES, LOST SAVINGS, LOST DATA, OR ANY OTHER FORM OF CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, EVEN IF LUNA SANDALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES, WHETHER RESULTING FROM BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE. THE AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL COMMISSIONS PAID TO PUBLISHER UNDER THIS AGREEMENT. ◦LUNA SANDALS MAKES NO WARRANTIES WITH RESPECT TO LSAP, ANY OFFERINGS MADE THROUGH LSAP, OR AS TO THE CONTINUATION OF OFFERINGS THROUGH LSAP. ALL OFFERS AND ADVERTISEMENTS THROUGH LSAP ARE LIMITED TIME OFFERS SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

10. Term and Termination.

The term of this Agreement shall be continuous, unless and until either party notifies the other in writing, that such party desires to terminate the Agreement. This Agreement may be terminated immediately, without penalty, by Luna Sandals in the event that Affiliate:

  • Breaches any of the terms and conditions of this Agreement;
  • Operates an illegal business through its website and/or subscription e-mail list;
  • Engages in any illegal activity of any type, including but not limited to displaying illegal content on its website and/or in its subscription e-mails or offering any illegal goods or services through its website and/or subscription e-mails;
  • Uses its website or any Links therefrom to promote, any content which Luna Sandals, in its sole discretion, believes is misleading, abusive, violent, bigoted, hate-oriented, or pornographic;
  • Engages in indiscriminate or unsolicited advertising;
  • Places Links to the Destination Site in newsgroups, message boards, unsolicited e-mails or other types of spam, banner networks, counters, chatrooms, guestbooks, IRC channels or through similar Internet resources;
  • Causes or enables Links to the Destination Site which are unauthorized under this Agreement or not made in good faith, including, but not limited to, by means of any device, program, robot, I-frames, hidden frames, JavaScript popup windows or redirects;
  • Employs the services of any firm that utilizes spyware or similar applications in connection with any website on which Links to the Destination Site appear;
  • Establishes or causes to be established any promotion that provides any rewards, points or compensation for;
    • Certain incentive and reward sites that may be allowed into LSAP with prior written approval from Luna Sandals;
    • Allows third parties to place Links to the Destination Site without Luna Sandals prior written permission;
    • Breaches any of the provisions of this Agreement; or
    • Dilutes, blurs or tarnishes the value of Luna Sandals Marks.

Upon termination of this Agreement for breach, Luna Sandals will be released from all obligations and liabilities owed to Affiliate. ◦For purposes of notification of termination, delivery via email is considered a written and immediate form of notification. ◦Termination of this Agreement will not relieve Affiliate from any liability arising from any breach of this Agreement. Unless otherwise stated, upon termination of this Agreement:

  • What would otherwise constitute Qualifying Sales obtained through Affiliate's efforts shall not constitute a continuation or renewal of this Agreement or a waiver of such termination and no Commissions shall be due and payable for the same post-termination;
  • Affiliate shall not be entitled to Commissions for Qualifying Sales delivered after the date of termination;
  • Affiliate shall be entitled only to unpaid and undisputed Commissions for Qualifying Sales that were earned by Affiliate prior to the date of termination;
  • All rights and licensees granted to Affiliate shall immediately terminate and, as such, Affiliate will promptly cease all uses of any Marks, Links or other trade names, trademarks, service marks, logos and other designations of Luna Sandals or LSAP; and
  • Affiliate shall return to Luna Sandals any confidential information, and all copies thereof, in its possession, custody and control.

11. Indemnity.

Affiliate shall defend, indemnify, and hold Luna Sandals (and its directors, officers, employees, representatives, parents, affiliates and subsidiaries) harmless from and against any and all expenses, claims, liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with:

  • Any breach by Affiliate of the terms and conditions of this Agreement, including without limitation Affiliate’s representations, warranties or covenants set forth in this Agreement;
  • Any illegal activities of Affiliate;
  • Any negligent act or omission of Affiliate;
  • Any injury to persons or damages to property caused directly or indirectly by a negligent act or omission of Affiliate; or
  • Any unauthorized use of the Luna Sandals Marks, Website and any activities not specifically authorized under this Agreement and the LSAP.

12. Confidential Information.

Affiliate acknowledges that, during the term of this Agreement, it may be entrusted with non-public confidential information relating to business, operations or underlying technology of Luna Sandals (“Confidential Information”). For purposes of this Agreement, Confidential Information shall include all information designated as confidential in writing by Luna Sandals. Affiliate shall not use Confidential Information for purposes other than necessary to further the purpose of this Agreement. Affiliate shall not disclose Confidential Information to third parties without the prior written consent of Luna Sandals, which may be withheld, conditioned or delayed in Luna Sandals sole discretion. ◦Should Affiliate be required under applicable law, rule or regulation, or pursuant to the order of any court or governmental entity of legal process of any governmental entity of competent jurisdiction to disclose Confidential Information in its possession, custody or control, Affiliate shall:

  • Give prior written notice of such disclosure to Luna Sandals; and
  • Use its best efforts to limit such disclosure to only that information which is required to be disclosed. Affiliate's obligation to not disclose or use Confidential Information shall survive the termination of this Agreement.

Once a visitor clicks on the Link to the Destination Site, thereby requesting to establish a direct Link to the Destination Site, Affiliate shall not employ any means, method or device (including, but not limited to, spyware or cookies) other than means provided by Luna Sandals in connection with authorization for Affiliate’s participation in the LSAP to monitor, track or record information regarding the visitor's usage on the Destination Site. ◦Notwithstanding any other provision of this Agreement, Luna Sandals shall be the sole owner of all names, addresses, transaction data and other non-public personal information gathered on the Destination Site and through the Link to the Destination Site. ◦All information or data contained in the Link between the Affiliate's website and the Destination Site shall be deemed confidential information belonging to Luna Sandals. All visitors that use the Destination Site shall be subject to additional terms and conditions posted on the Destination Site and shall be subject to the privacy policy posted on the Destination Site. ◦Affiliate shall use its best efforts to avoid any unauthorized disclosure or unauthorized use of the Confidential Information by any third parties (person or business). Affiliate's website shall employ its best efforts to safeguard and protect visitor information from loss, misuse and unauthorized disclosure.

13. Additional Terms.

  • Assignment. Affiliate shall not assign, transfer or delegate its obligations under this Agreement, either in whole or in part, without the prior written consent of Luna Sandals. Any attempted assignment, transfer or delegation in violation of the provisions of this provision will be void.
  • Severability. The provisions of this Agreement are severable. If any provision of this Agreement, or the application thereof to any person or circumstance, shall be deemed invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect the other provisions of this Agreement that can be given effect.
  • Waiver. No delay or failure by Luna Sandals in exercising any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right.
  • Equity. The rights and remedies of Luna Sandals are not mutually exclusive; that is, the exercise of one or more of the provisions hereof shall not preclude the exercise of any other provision hereof. Affiliate acknowledges, confirms, and agrees that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision hereof, the respective rights and obligations hereunder shall be unenforceable by specific performance, injunction, or other equitable remedy.
  • Construction. This Agreement shall be deemed a mutual agreement and shall not be construed and/or interpreted in favor or against either party on the basis of preparation of the Agreement.
  • Modification. Luna Sandals reserves the right to modify the terms and conditions of this Agreement in its sole discretion upon seven (7) days prior notice to Affiliate via electronic communication. If any modification is unacceptable to Affiliate, Affiliate's sole recourse is to terminate this Agreement. Affiliate's continued participation in LSAP after notice of modification to the terms and conditions of this Agreement constitutes Affiliates binding acceptance to the change.
  • Choice of Law and Venue. This Agreement has been made in the State of Washington and shall be construed and enforced in accordance with Washington law for contracts made and performed in the State of Washington. Any action to enforce this Agreement shall be brought in the Washington federal courts (i.e., for the Western District of Washington) or state courts (for the County of King), the parties hereby by consenting to such exclusive jurisdiction and venue.

Notice. Official notices should be sent to Luna Sandals via certified mail to:

  • Luna Sandals
    1108 11th Ave E Suite B
    Seattle, WA 98112
  • Notices for termination can be sent via email to info@lunasandals.com.
  • Independent Contractor. Participation in LSAP does not constitute an employment, broker or agency relationship, between Affiliate and Luna Sandals, nor does it create any partnership, joint venture, franchise, or sales representative relationship between the parties.
E-SIGNATURE. BY SUBMITTING A LSAP APPLICATION AND BY CLICKING ON THE "SUBMIT" BUTTON, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT TO THE SAME EXTENT AS IF YOU HAD PERSONALLY SIGNED THIS AGREEMENT IN HARD COPY FORM