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.
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