Sighteeing World - Frequently Asked Questions

Please read the agreement document below before registering.

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1) Term of the Agreements: The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term.

2) Modification: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

3) Limitation of Liability: We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits 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 referral fees paid or payable to you under to this Agreement.

4) Independent Investigation: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

5) Miscellaneous: This Agreement will be governed by the laws of the United States and the State of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in San Francisco, California, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. 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.


Linking.
___We will provide You with links, including URL addresses and appropriate graphics (the Link Materials), with which you may link your Web site to our Web site (www.sightseeingworld.com or such other Web site(s) as we may establish from time to time). Details on accessing these Link Materials are set out in the Affiliate Network Description below. If you are an approved Affiliate, we grant You a non-exclusive limited license solely to reproduce and use these Link Materials, including our trademarks to the extent they are incorporated into these Link Materials, only while you are an Affiliate and only in accordance with the terms and conditions of this Agreement.
___You agree to display the Link Materials appropriately on your Web site and to respect our trademarks, service marks, and other rights in the Link Materials. You will use only these Link Materials to link your Web site to ours, and You will not alter the look or feel of these Link Materials or of our Web site in any way. You will use reasonable efforts to update to new versions of Link Materials as we make them available.

Paying Commissions
___We shall pay You 10% of the total price for every completed sale of sightseeing tours or transportation (excluding taxes and additional fees). Reporting periods shall be measured monthly.
___A commission will only be credited to an affiliate after the customer has made full payment to company. If a customer later requests a refund or a chargeback is issued by the credit card holder whose credit card was used to pay for that customer's account, any commissions that were credited to affiliates will be deducted from the next monthly payment. If there is no next monthly payment, the affiliate will be billed and hereby agrees to be bound by law to reimburse Company in full for any such commissions
___Only affiliates who are approved by us at the time of receipt of a customer offer(s) will be eligible for payment under this Agreement.
___Payments will be made on a monthly (calendar year) basis to each affiliate having an accrued balance of $50.00 or greater. Balances of less that $50.00 will be credited towards the next calendar month. This will continue until the commissions accumulate to more than $50.
___Checks are mailed shortly after the 10th of every month for payments due up to the last day of the previous month. Company will not entertain any requests for different payment modes or payment to be made according to some other time schedule. It is the sole responsibility of affiliates to keep Company updated via their private affiliate's administration area of any changes in contact information. If a payment fails to reach an affiliate due to an affiliate's failure to update contact information, Company reserves the right the consider the commission as being paid and is not bound to issue a second payment for that commission in question.
___As an independent contractor, you will be solely and entirely responsible for any and all taxes and/or other fees or obligations associated with the receipt of your payment under this Agreement.
___Payments will be issued via check only, made payable to the affiliate in the name the affiliate submits in his or her online registration, and mailed to the mailing address provided by the affiliate.
___Company reserves the right to change the terms of the above stated referral commissions and payment procedures at any time. Any such change will take immediate effect and will be binding on all affiliates regardless of when the affiliate first joined the program.

Tracking
___Company will be solely responsible for tracking sales using special software that communicates with the specially encoded URLs assigned to affiliates. Company will endeavor to do its best to ensure accurate tracking of referrals made by affiliates. Affiliates will themselves be solely responsible for ensuring that these special URLs are formatted properly, a necessary prerequisite to accurate tracking of referral sales. Notwithstanding the above statement of responsibility by Company to track sales, affiliates hereby acknowledge and accept that the tracking system employed by Company is not 100% fail-safe and that there may on occasion be instances of referral sales made that are not credited to an affiliate for any of the following possible reasons:
___Failure by the affiliate to use the proper format of the specially assigned URL in promotions, webpage links, banner ads, and so on
___Deliberate or accidental actions by customers to circumvent an affiliate's special URL so that our software is unable to accurately track that sale
___Bugs, glitches or crashes of the tracking software that render it unable to accurately track sales for a period of time
___Acts of nature that cause irretrievable data loss on the computers and back-up disk media that store the commission information.
As such, affiliates will not hold Company liable to compensate for any claimed commissions that were not tracked and recorded by the tracking software.

Relationship/Responsibilities
Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
___The technical operation of your site and all related equipment
___The accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials)
___Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
___Ensuring that materials posted on your site are not libelous or otherwise illegal.
___We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.

Relationship of Parties
___You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
___ sightseeingworld.com may cite your name or URL in connection with your participation in the program in materials including but not limited to postings on our site, newsletters, advertisements, and other communications.

Our Responsibilities
We will be responsible for providing all information necessary to allow you to make appropriate Links from Your Site to Our Site. We will be solely responsible for processing every application for Network Solutions Services placed by a customer following a Link from Your Site, for tracking the number and amount of sales generated by the Link from Your Site, and for providing information to you regarding sales statistics. Also, we will be responsible for credit card authorizations, payment processing, cancellations, returns, and related customer service for the Network Solutions Services, it being understood that such activities shall be for our account.

Reports of Sales
You will be given a password and have the ability to enter a password-protected site to receive your sales statistics on a daily basis.

Enrollment in the Program
To begin the enrollment process, you will submit an application via our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Program. Your site should:
· --Generate sufficient traffic to our websites
· --Not promote sexually inappropriate materials
· --Not promote violence
· --Not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
· --Not promote illegal activities
· --Not violate the intellectual property rights of sightseeingworld.com.
If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.

The Affiliate Union
The Affiliate Union is a loose collaboration of affiliates (web publishers), affiliate marketers, merchants and affiliate solution providers. Together, they are working to establish a "certification standard" to reduce fraud and deception against affiliates by some online merchants. This group, based upon the "open standards committee" tradition of the Internet, has charged itself with:
· Developing this certification standard
· Establishing an infrastructure for the review, certification and de-certification of merchants under that standard
· The promotion of that standard as a "must have" before joining an affiliate program.
The Affiliate Union has developed a set of standards that are acceptable to both Affiliates and merchants and speak to the needs of both parties. At their site, you can view drafts of agreements and clauses to use in your Affiliate Agreement. Plus - you'll find links to individuals and companies you may be able to hire or call on to help you complete your agreement.
Click here to visit the Affiliate Union.

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