Agreement with PrivateShoreTrips.com

  • This constitutes the terms of our Agreement whereby, you ("Affiliate") will market travel products ("Products") offered on the Private Shore Trips (by Travels with Friends LLC) website in return for a Fee (as defined below).
  • Affiliate will market the Products to its customers by establishing links from Affiliate's website to the Private Shore Trips website located at www.PrivateShoreTrips.com.  Affiliate is authorized to promote the Products, subject to the terms and conditions of this Agreement.
  • Affiliate's customers shall receive the same benefits and same level of service as any other Private Shore Trips customer.
  • The Affiliate understands that the Private Shore Trips website is operated by Travels with Friends LLC. All Products offered on the web site are operated by local drivers, tour guides and or incoming tour operators which are not directly employed by Travels with Friends LLC.
  • The Affiliate has the right to cancel their affiliation with Private Shore Trips at any time.
  • Private Shore Trips grants to Affiliate a non-exclusive, non-transferable right:
    • to access the Private Shore Trips website through hypertext markup language ("HTML") links.
    • to use the Private Shore Trips logos and similar identifying material that Private Shore Trips provides to Affiliate solely in connection with such HTML links. Affiliate may not alter, modify or change the materials in any way and is only entitled to use the materials during the Term of this Agreement. This license will terminate immediately upon termination of this Agreement. Private Shore Trips may revoke this right at any time.
  • Affiliate grants to Private Shore Trips a non-exclusive, non-transferable right to utilize Affiliate's name, logo and similar identifying material in advertising, marketing, promoting, and public relations activities undertaken by Private Shore Trips. Private Shore Trips is under no obligation to advertise, market, promote, or publicize Affiliate. This right will terminate immediately upon termination of this Agreement.
  • Private Shore Trips shall make available to Affiliate HTML links which Affiliate shall display on Affiliate's website and which shall link Affiliate's website to Private Shore Trips' website. By utilizing these HTML links, Affiliate's customers will be able to purchase the Products from the Private Shore Trips' website.
  • Private Shore Trips shall provide Affiliate with an online account to track the purchases of the Affiliate's customers.
  • Private Shore Trips retains the right to monitor Affiliate's website to ensure that the HTML links to Private Shore Trips' website are appropriate.
  • In the event Private Shore Trips, in its sole discretion, determines that the HTML links from Affiliate's website to Private Shore Trips' website are inappropriate, then Private Shore Trips may either notify Affiliate of any changes to be made or alternatively may terminate this Agreement.
  • Affiliate may not in any manner misrepresent or embellish the relationship between Affiliate and Private Shore Trips, nor may Affiliate express or imply any relationship or affiliation between Private Shore Trips and Affiliate or any other person or entity except as expressly permitted by this Agreement.
  • Affiliate's domain name shall not contain the word "Private Shore Trips" or "Travels with Friends" and Affiliate will not purchase any domain name or other right or otherwise contract with a third party to exploit the Private Shore Trips or Travels with Friends name for the purpose of having Affiliate website appear as a search result or for any other reason. Violation of this provision by Affiliate will result in the immediate termination of this Agreement by Private Shore Trips.
  • Upon termination of this Agreement for any reason Affiliate agrees to immediately remove all HTML links from Affiliate's website to Private Shore Trips' website.
  • All booking requests from Affiliate's customers are subject to acceptance by Private Shore Trips in accordance with the Product terms and conditions, as in effect at the time of booking.
  • Private Shore Trips shall pay Affiliate a referral fee based on the following:
    • 10% referral paid on all sales to travel agencies with valid IATA, CLIA or TRUE ID
    • 8% referral paid on all sales to non-credentialed Travel based web sites
    • 5% referral paid on all sales to NON-Travel based web sites
  • All payments are made net of all cancellations and partial or full refunds by Affiliate's customers.
  • Commissions to Travel Agencies will supersede any Referral Fees as outlined above. (Payment is made to Travel Agency and NOT the Affiliate.) Referral Fees shall be paid to the Affiliate in the month following the Product was used by the customer and the customer made full payment ('sold').
  • In the event the Fees due are less than $50.00 USD then payment will be withheld until such time as the total Fees due are equal to or greater than $50.00 USD.
  • Referral Fees will be sent by US Postal Service and in paid with US check in US Dollars.
  • If Affiliate customer cancels, disputes or rejects a Product and Private Shore Trips has already paid Affiliate a Fee based on the Product being purchased, Private Shore Trips will deduct the amount of the disputed Fee from the next payment to Affiliate. In the event there are no subsequent Fees due to Affiliate, Private Shore Trips will send Affiliate an invoice for the amount of the disputed Fee, and Affiliate agrees to pay the invoiced amount no later than thirty (30) calendar days from the date of invoice.
  • Private Shore Trips provides no guarantee, warranty or representation as to the amount of Fees that may be generated by Affiliate pursuant to this Agreement.
  • Private Shore Trips makes no representation that the operation of its website will be uninterrupted or error-free and Private Shore Trips will not be liable for the consequences of any interruptions or errors.
  • Private Shore Trips will not sell Affiliate customer lists to any third party.
  • Affiliate has independently evaluated the desirability of referring customers to Private Shore Trips' website and is not relying on any guarantee, warranty or representation other than as set forth in this Agreement.
  • Private Shore Trips' failure to enforce Affiliate's strict performance of any provision of this Agreement will not constitute a waiver of any right to subsequently enforce such provision or any other provision of this Agreement.
  • This agreement is made and entered into in California, USA and California law applies. Private Shore Trips and Affiliate are independent contractors and nothing in this Agreement shall be construed as a partnership or joint venture. This is merely an agreement to refer customers to the Products in consideration for a Fee. Any legal proceedings shall be conducted in California, USA.
  • Affiliate acknowledges that Affiliate has read this Agreement and agrees to its terms and conditions.