Terms of the Agreement: 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 leads occurring during the term.
Fee Structure: You are eligible to earn Fees on all leads during the term of this Agreement, where the User follows a Link from your Associate Site directly to Travants and that User, using Travants' network of travel specialists, successfully submits a qualified lead. The Lead Fee will not be awarded in the event of a submission that does not contain any information about the customer (blank submit), or a fraudulent or non-travel related information request. You are also eligible to earn subscriber sign-up fees for every time a user follows a link to the Travants site, and enters his/her email address to opt-in to our newsletter. We will pay you a Fee only if the User is tracked on our internal online tracking system from the time the search is initiated on your Associate Site to the time of the lead. You agree that no Fees will be paid if the User cannot be tracked by our internal tracking system. Fees shall be paid as follows:
- In no event shall you or your agents make or extend any representation or warranty on our behalf with respect to Travants or the services available therein.
- You warrant and represent to us that your Associate Site: (i) is in compliance with all applicable laws and regulations; (ii) does not contain any material that is fraudulent, defamatory or obscene. You agree that your Associate Site will not, in any way create an impression that your Associate Site is Travants or part of Travants. We may test your Associate Site's URL, and if such URL is not in compliance with these terms and conditions we, in our sole discretion may (i) remove such non-conforming URL; and/or (ii) terminate this Agreement.
- You will no engage in the practice of sending unsolicited e-mail for commercial purposes (aka "SPAM"). You will not post a single article or advertisement, about which we receive multiple complaints, to Usenet or other Newsgroups, forums, e-mail mailing lists or other similar groups or lists. In the event that an affiliate is found to be in violation of these terms, we may terminate this agreement.
Lead Fees. We will pay you: (i) Two Dollars (US$2.00) for each qualified lead sent to one of the Travants travel specialists from a visitor to your Associate Site.
Subscriber Fees. We will pay you: (ii) Twenty Cents (US$.20) for each qualified subscriber who opts-in to the Travants/TravelSavvy.netletter originating from your Associate Site.
PAYMENTS: Within forty-five (45) days after the end of each month during the term of the Agreement with respect to which we owe you any Transaction Fees, we will furnish you a statement together with payment for any amount due to you. The statement will contain information sufficient to discern how the payment was computed. In the event that the total monthly Transaction Fees payable to you is less than Fifty Dollars (US$50.00) for the applicable month ("Monthly Minimum Threshold"), we will hold the payment until the aggregate total Lead Fees meet or exceed the Monthly Minimum Threshold. We will remit all payments owed to you to your address provided in the Program Application.
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.
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.
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 SOLICIT REFERRALS FROM INDIVIDUALS WHO 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.
Miscellaneous: This Agreement will be governed by the laws of the United States and the State of New York, 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 New York, New York, 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.
I agree to these terms and wish to register.
If you have any questions about any of the items in this agreement please email us at info@Travants.com.