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Terms & Conditions
traveleye.com Terms and Conditions PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS BEFORE REGISTERING FOR ANY OF TRAVELEYE AFFILIATE PROGRAMS. PARTICIPATION IN ANY OF traveleye.com AFFILIATE PROGRAMS INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR OR PARTICIPATE IN ANY OF traveleye.com AFFILIATE PROGRAMS. Introduction. This agreement ("Agreement") between You and traveleye.com affiliate program (the "Program" collectively referred to as all affiliate programs offered by traveleye.com) Terms and Conditions ("Terms and Conditions"). A description of the “Program“ offered and “Program Policies“ can be seen below: Program ‘ Word of Mouth ‘ Affiliate Program: Registration to this affiliate program will give you a discount code that when used by an advertiser will give them a set discount and you a percentage of their subscription fees. The discount code can be used on all ‘traveleye’ rental service products and services. ‘ Web Link ‘ Affiliate Program: Registration to this affiliate program will feature a web link on your website that when clicked will release a tracking cookie onto the third party computer. Upon payment for a ‘traveleye’ rental service, the cookie will track back the link to your affiliate account and credit you with a percentage of the subscription. ‘ Reciprocal Link ‘ Affiliate Program: Registration to this affiliate program will result in a link to your website in return for a link to traveleye.com. Affiliate links must be from travel/holiday websites and are subject to approval to the website content and the quality of the page that traveleye.com link is presented on. Program Policies To uphold the quality and reputation of traveleye.com affiliate program, all affiliates who apply are reviewed according to these program policies. Please note that we may change our policies at any time, and pursuant to our Terms and Conditions. It is your responsibility to keep up-to-date with and adhere to the policies posted here. Account Transferability: traveleye.com affiliate accounts are not transferable, assignable or resalable in connection with the sale of your site or otherwise. For example, when a site changes ownership or management, the prior owner or manager must cancel their affiliate account for the site, and the new owner or manager may sign up for a new ‘traveleye’ account in his or her own name. Code Modification: With reference to the ‘ Web Link ‘ affiliate program, participants are not allowed to alter any portion of the ad code or change the layout, behaviour, targeting, or delivery of ads for any reason. Dialers: With reference to the ‘ Web Link ‘ affiliate program, your site must not require or prompt an end user to download a dialer in order to view content of the site. Site Content: Site may not include: • Excessive profanity • Violence, racial intolerance, or advocate against any individual, group, or organsation • Hacking/cracking content • Illicit drugs and drug paraphernalia • Pornography, adult, or mature content • Gambling or casino-related content • Excessive advertising • Any other content that promotes illegal activity or infringes on the legal rights of others • Sales or promotion of certain weapons, such as firearms, ammunition, balisongs, butterfly knives, and brass knuckles • Sales or promotion of beer or hard alcohol • Sales or promotion of tobacco or tobacco-related products • Sales or promotion of prescription drugs • Sales or promotion of products that are replicas or imitations of designer goods 1. Program Participation. Participation in the Program is subject to traveleye.com prior approval and Your continued compliance with the Program Policies ("Program Policies"), as seen above. traveleye.com reserves the right to refuse participation to any applicant or participant at any time in its sole discretion. By enrolling in the Program, You represent that You are at least 18 years of age and agree that traveleye.com may terminate your account at their sole discretion for account misuse or other reason stated by traveleye.com. In such circumstances, all owed commission money from the affiliate account will be paid in full before account termination. 2. ’Passive’ and ‘Active’ marketing Regulations. Whilst earning commissions through traveleye.com referred sales you will be either using ‘Passive’ or ‘Active’ marketing to promote traveleye.com services. You must adhere to the regulations for each form of marketing. A classification of both ‘Passive’ and ‘Active’ marketing can be seen below. Passive Marketing: This form of marketing is simply recommending traveleye.com for holiday related services upon being asked by a third party for advice. Passive marketing also involves casual ‘word of mouth’ promotion in a family/friends/colleague environment. Active Marketing: This form of marketing involves actively finding people who may be interested in traveleye.com services. Active marketing strategies include: sending targeted emails, phone calling, letters etc. Passive marketing is accepted in all circumstances as long as all references to theholidayexpience.com are positive. Active marketing strategies must adhere to the following: • Any bulk emails sent to targeted audiences must have written acceptance from traveleye.com. All proposed email marketing must be outlined with an email to affiliates@traveleye.com. • If you wish to telephone prospect customers you must first have written acceptance from traveleye.com by outlining your proposal to the email: affiliates@traveleye.com. • traveleye.com fully appreciates the privacy of individuals and therefore if an email or phone call agreed by traveleye.com is sent or made to an individual who does not wish to enrol/subscribe to one of traveleye.com services they must be noted and never telephoned or emailed again. • All emails must contain an ‘opt out’ message at the bottom of the email and must be adhered to if a person requests ‘opt out’. 3. Self Employed Status: As an affiliate of traveleye.com you are not associated or employed by traveleye.com in any capacity. All commissions received from traveleye.com are subject to tax that you yourself is solely responsible for declaring. You must under no circumstance claim that you are a member of traveleye.com staff. 4. Legal Disclaimer: Any legal action or claims made against you for your actions and involvement in promoting traveleye.com sevices are the sole responsibility of yourself. traveleye.com accept no accountability or responsibility for legal actions/claims brought about by your involvement in marketing and promotion of traveleye.com. 5. Payment. You shall receive a payment related to the percentage commission in your affiliate account. You can submit an online invoice at anytime for the balance of your earnings. Payment will be made by your chosen ‘payment method’ which can be changed at anytime through your affiliate account. 6. Representations and Warranties. You represent and warrant that (a) all of the information provided by You to traveleye.com to enrol in the Program is correct and current; (b) With reference to the ‘Web Link’ affiliate program, You are the owner of each Site or that You are legally authorized to act on behalf of the owner of such Site(s) for the purposes of this Agreement and the Program; (c) You have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of You hereunder; and (d) You have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation the CAN-SPAM Act of 2003 and any relevant data protection or privacy laws) in Your performance of any acts hereunder. You further represent and warrant that each Site and any material displayed therein: (i) comply with all applicable laws, statutes, ordinances, and regulations; (ii) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) are not pornographic, hate-related or otherwise violent in content. 7. Your Obligation to Indemnify. You agree to indemnify, defend and hold traveleye.com, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Program, the Site(s), and/or Your breach of any term of this Agreement. 8. traveleye.com Rights. You acknowledge that traveleye.com owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Program, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of traveleye.com services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide. 9. Miscellaneous. This Agreement shall be governed by the laws of the United Kingdom. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties, by Your online acceptance of updated terms, or after Your continued participation in the Program after such terms have been updated by traveleye.com. The failure to require performance of any provision shall not affect a party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. You may not resell, assign, or transfer any of Your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to traveleye.com. Notwithstanding the foregoing, traveleye.com may assign this Agreement to any affiliate at any time without notice. The relationship between traveleye.com and You is not one of a legal partnership relationship, but is one of independent contractors.
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