1. Enrollment in the Program
To enroll in the Program, you must submit a complete Program application via
our site. You will receive immediate
online confirmation of your password and Affiliate ID, and instructions to
begin immediate participation as an Affiliate in the Program pursuant to this
agreement. However, we will evaluate
your site when we receive your application, and we may reject your
participation as an Affiliate in the Program and terminate this agreement at
any time if we determine (at our sole discretion) that your site is unsuitable
for the Program. Examples of unsuitable sites include, but are not limited to,
Contain or promote sexually explicit
- Contain or promote violence;
- Promote discrimination based on race,
sex, religion, nationality, disability, sexual orientation, or age;
- Promote illegal activities;
- Violate intellectual property or trademark
rights of WorldTravelCenter.com or any other person or entity; and/or
are not compatible with WorldTravelCenter.com's policies, objectives, or best interests.
2. Links on Your Site
Once you have received the online confirmation of receipt of your complete
Program application, you may provide on your site one or more links to our
site. We will provide you with guidelines and graphical artwork to use in
linking to our site. You may only use those links that WorldTravelCenter.com
provides for use as part of the Program. You agree to modify or disable certain
links as designated by WorldTravelCenter.com within seven (7) days of
WorldTravelCenter.com's request. To
permit accurate tracking, reporting, and registration fee accrual, we will
provide you with an Affiliate Links Guide and special "tagged" link
formats to be used in all links between your site and our site. You must ensure
that each of the links between your site and our site complies with the
instructions in the Affiliate Links Guide and properly utilizes such special
link formats. Links to our site placed on your site pursuant to this agreement
and which properly utilize such special link formats are referred to as
"Special Links." You will only earn registration fees with respect to
activity on our site occurring directly through Special Links; we will not be
liable to you with respect to any failure by you to use Special Links,
including to the extent that such failure may result in any reduction of any
benefits to which you would be entitled pursuant to this agreement.
3. Purchase Processing
We will be responsible for all aspects of purchase processing and fulfillment
on our site, in conjunction with our participating providers, including all
insurance and travel product purchases made by users who follow Special Links
from your site to our site. We reserve the right to reject purchases that do
not comply with any requirements that we periodically may establish. Among
other things, we will process payments and any refund requests, and handle user
4. Registration Fees
We will pay you (in accordance with Sections 5 and 6 below) registration fees
for each user who follows a Special Link from your site to our site and
completes our online registration form. All registration fees shall be
calculated and paid in United States dollars.
5. Registration Fee Schedule
You will earn a flat fee of US$5.00 per registration form completed by a user who
follows a Special Link from your site to our site. These fees may be modified at any time as set forth in Item 14
6. Registration Fee Payment
We will pay you registration fees on a monthly basis. Approximately 10 days
following the end of each month, we will send you a check for the registration
fees earned on registrations during that month. However, if the total cash registration
fees payable to you for any month are less than US$25.00, we will hold those registration fees until the
total amount due is at least US$25.00 or until this agreement is terminated,
whichever occurs first.
7. Fraudulent Registration
By entering into this agreement, you agree that Special
Links will be provided on your site for users who have a bona fide interest in
the insurance and travel products available on our site. If we determine, in
our sole discretion, that registration forms are being completed in a fraudulent manner by users
following Special Links from your site to our site solely to enable you to
collect registration fee payments, we will terminate this agreement immediately
pursuant to Item 13. We will not pay registration fees for registrations which we suspect are fraudulent.
In such a situation, you may provide us with evidence that the registrations in issue were bona fide.
However, the final decision to terminate the agreement and withhold payment is entirely within our discretion.
YOUR ONLY RECOURSE IF YOU DO NOT AGREE WITH THIS PROVISION IS NOT TO ENTER INTO THIS AGREEMENT.
We will provide you with on-line access to current
tracking information, including up-to-date information regarding registrations
and payment information.
9. Policies and Pricing
Users who register on WorldTravelCenter.com through this Program will be deemed
to be users of WorldTravelCenter.com. Accordingly, all WorldTravelCenter.com
rules, policies, and operating procedures concerning WorldTravelCenter.com
products and services will apply to those users. We may change our policies and
operating procedures at any time.
10. Linking to Us
We will make available to you graphic images that identify your site as a
Program participant. You must display these logos and images and/or text link(s)
containing either the term "WorldTravelCenter.com" and/or a generic term such as
"travel insurance" on your site. We may modify the text or graphic image of this
notice from time to time. You
may not make any press release with respect to this agreement or your
participation in the Program without our prior written consent, which may be
given or withheld in our sole discretion.
11. Limited License
We grant you a nonexclusive, revocable right to use the graphic images and text
described in Item 10 and such other images for which we grant express
permission and those images which we provide as part of the Program, solely for
the purpose of identifying your site as a Program participant and to assist in
generating user registrations. You may not modify the graphic image or text, or
any other of our images, in any way. We reserve all of our rights in the
graphic image and text, any other images, our trade names and trademarks, and
all other intellectual property rights. We may revoke your license at any time
by giving you prior written or electronic notice.
12. 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.
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
Ensuring that materials posted on your
site are not libelous or otherwise illegal, offensive, or obscene.
Disabling or modifying broken or
outdated or misdirected links as requested by WorldTravelCenter.com
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 content of your site.
13. Term of the Agreement
The term of this agreement will begin upon our online confirmation of
receipt of your complete Program 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 or electronic notice of termination. In the event you provide an email
address which is or becomes outdated or invalid, we may terminate this
agreement and your participation without notice. Upon the termination of this
agreement for any reason, you will immediately cease use of, and remove from
your site, all links to our site, all reference to WorldTravelCenter.com or to
the Program, and all WorldTravelCenter.com trademarks, servicemarks, graphics,
and logos, and all other materials provided by or on behalf of us to you
pursuant hereto or in connection with the Program. You are only eligible to
earn registration fees on user registrations during the term of this agreement,
and registration fees earned through the date of termination will remain
payable, provided that such registration fees are not related to fraudulent
registrations as set forth in Item 7.
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 our site. Modifications may include, for example, changes in the
scope of available registration fees, registration 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.
15. 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 regardless of the terms used to
describe the relationship. You will have no authority to make or accept any
offers or representations on our behalf or to sell any products or services
which are included on our site. You will not make any statement, whether on
your site or otherwise, that reasonably would contradict anything in this Item.
16. 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 registration fees paid or payable to you
under this agreement.
We make no express or implied warranties or representations with respect to our
site or any products or services booked or sold through our site (including,
without limitation, warranties of fitness, merchantability, non-infringement,
or any implied warranties arising out of a course of performance, dealing, or
trade usage). In addition, we make no representation that the operation of our
site will be uninterrupted or error-free, and we will not be liable for the
consequences of any interruptions or errors.
18. 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 USER REGISTRATIONS 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.
This agreement will be governed by the laws of the United States and the
Commonwealth of Virginia, 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 Virginia, 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.
All notices permitted or required to be given by you to WorldTravelCenter.com
shall be in writing to Affiliates Program, WorldTravelCenter.com, 8420 West Dodge Road, 5th Floor, Omaha, NE 68114 USA, by fax to +1 402-343-9959, or
by email to email@example.com.
All notices permitted or required to be
given by WorldTravelCenter.com to you shall be deemed given to you when mailed,
faxed, or sent electronically to the postal or email address provided by you on
your Program application.