BOHO TRAVELS s. r. o.
AFFILIATE AGREEMENT
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MERCHANT, BOHO TRAVELS.
BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND THE BOHO TRAVELS s. r. o. TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
FOREWORD
Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company’s good name. So please bear with us as we take you through this legal formality.
If you have any questions, please don’t hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results please email us at info@bohotravels.com.
Best regards,
Team of BOHO TRAVELS
- Overview
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in BOHO TRAVELS Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the bohotravels.com web site. “Affiliate” – The business, individual, or entity applying to or participating in the Affiliate Program, or that displays BOHO TRAVELS products and Services and/or promotions on its website, or other means, using an affiliate tracking code in exchange for receiving a commission from BOHO TRAVELS for sales directly resulting from such display.
- Affiliate Obligations
2.1 To begin the enrollment process, you will complete and submit the online application at the http://www.bohotravels.com/affiliate-area/ server. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes “Merchant” or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Merchant.com or any other affiliated business.
2.2. As a member of BOHO TRAVELS Affiliate Program, you will have access to Affiliate Account System. Here you will be able to review our Program’s details and previously-published affiliate newsletters, download HTML code (that provides for links to web pages within the bohotravels.com web site) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
2.3. BOHO TRAVELS reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
- BOHO TRAVELS Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the BOHO TRAVELS Affiliate Program.
3.2. BOHO TRAVELS reserves the right to terminate this Agreement and your participation in the BOHO TRAVELS Affiliate Program immediately and without notice to you should you commit fraud in your use of the BOHO TRAVELS Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, BOHO TRAVELS shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
- Termination
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail or email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
- Modification
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and BOHO TRAVELS Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in BOHO TRAVELS Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
- Commission Payments
Commissions amount is 10% USD in your Affiliate Console for each Qualified Purchase that accrues during the period for which such commission fee is being calculated.
Commission Fees will be processed approximately fifteen (15) to thirty (30) days after the end of the month or other period in which they accrue. BOHO TRAVELS will only compensate you for Qualified Purchases made in accordance with this Agreement.
Commission Fees shall be paid based on the current information in your Affiliate profile. You are required to notify us promptly of any change in your address by updating your profile information in the Affiliate console. You are responsible for informing BOHO TRAVELS of your desired payment form/type. You can update or change your desired payment method at any time by contacting BOHO TRAVELS. You may choose to receive Commission Fees through PayPal or a bank transfer.
- Commission Determination; Qualified Purchases
Commissions will be provided based on the commission rates stated on the BOHO TRAVELS website for each Qualified Purchase (as defined herein). A “Qualified Purchase” does NOT include the following:
A purchase by a Referred Customer who is also associated with any BOHO TRAVELS reseller, referral, or other program.
A purchase by a Referred Customer that is not up to date on its payments, has been cancelled or is subject to a refund, referral, or other program.
A purchase that was completed prior to the Affiliate joining the Affiliate Program or was not tracked properly through an Affiliate Link.
A purchase by a Referred Customer that has not been in good standing for a period of at least thirty (30) days or is in violation of BOHO TRAVELS Terms of Service, Acceptable Use Policy, or other applicable policies at the time the Commission Fees accrue.
A purchase that BOHO TRAVELS suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same customer, or the referral of accounts that do not comply with this Agreement.
A purchase by a Referred Customer if the Referred Customer was offered or received coupons, refunds, credits or discounts from the Affiliate.
A purchase by a Referred Customer if the Affiliate or Referred Customer is in or is promoting a business-opportunity program, as determined by us in our sole discretion.
A purchase by a Referred Customer who received a popup with a discounted offer, while leaving BOHO TRAVELS website during their purchase.
A purchase by a Referred Customer engaging in “Domain Speculation,” which is determined by the identification of two (2) web hosting accounts with the same Referred Customer’s name, email address, or other identifying characteristic as determined by BOHO TRAVELS and/or the identification of two (2) or more web hosting accounts that have no content on their websites or have similar content, templates or formatting, as determined by BOHO TRAVELS, in our sole discretion.
- Grant of Licenses
We grant to you a non-exclusive, non-transferable, revocable right to access our site through HTML links solely in accordance with the terms of this Agreement and solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of BOHO TRAVELS Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of BOHO TRAVELS and the good will associated therewith will inure to the sole benefit of BOHO TRAVELS.
Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
- Obligations Regarding Your Affiliate Site
You are solely responsible for the development, operation, and maintenance of your Affiliate Site and for all materials that appear on your Affiliate Site. Such responsibilities include, but are not limited to, the technical operation of your Affiliate Site and all related equipment; creating and posting product reviews, descriptions, and references on your Affiliate Site and linking those descriptions to our website; the accuracy of materials posted on your Affiliate Site (including, but not limited to, all materials related to BOHO TRAVELS Products and Services); ensuring that materials posted on your Affiliate Site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal. We disclaim all liability and responsibility for such matters.
We have the right in our sole discretion to monitor signups through your Affiliate Site from time to time to determine if you are in compliance with the terms of this Agreement. If you are not in compliance we may terminate your participation in the Affiliate Program effective immediately.
- Disclaimer
BOHO TRAVELS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING BOHO TRAVELS SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF BOHO TRAVELS ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. 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.
- Representations and Warranties
11.1 You represent and warrant that:
11.2 This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
11.3 You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
11.4 You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
- Policies and Pricing
Referred Customers who buy BOHO TRAVELS Products and Services through our affiliate network are deemed to be BOHO TRAVELS Customers. BOHO TRAVELS Terms and Conditions, rules, policies, and operating procedures will apply to such customers. We may change our policies, pricing, and operating procedures at any time. For example, BOHO TRAVELS determines the prices to be charged for BOHO TRAVELS Products and Services sold through the affiliate network in accordance with our own pricing policies. Prices and availability of BOHO TRAVELS Products and Services may vary from time to time, from affiliate to affiliate, and from region to region. Because price changes may affect products that you have listed on your Affiliate Site, you may or may not be able to include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information on our website, but we cannot guarantee the availability or price of any particular BOHO TRAVELS Product or Service.
- Independent Investigation
You understand that we may at any time (directly or indirectly) solicit BOHO TRAVELS relationships on terms that may differ from those contained in this Agreement. We may also solicit relationships with entities that operate websites that are similar to or compete with your Affiliate Site. You have independently evaluated the desirability of participating in the BOHO TRAVELS Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
- Miscellaneous
14.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and BOHO TRAVELS. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
14.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
14.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
14.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
14.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
14.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
