Please
read the agreement document below before registering.
I
accept these terms and wish to register.
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.
I
accept these terms and wish to register.
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