Away.com Affiliate Program: Terms and Conditions

Agreement Governing the Away.com Affiliate Program (Terms and Conditions)

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This Agreement contains the complete terms and conditions that apply to your participation in the Affiliate program of The Green Travel Network, Inc. (Away.com), (Away.com Affiliate Program) and the establishment of links from your Web site to our Web site, Away.com (www.Away.com).

1. Purpose.
The purpose of this Agreement is to permit an Away.com Affiliate to feature Away.com Products on Affiliate's Website and establish electronic links from Affiliate's Website to Away.com, in exchange for the opportunity to earn commissions for registrations for certain free Away.com Products accessed through the use of these electronic links.

2. Definitions.

2.1 "Away.com" is a Website owned and operated by The Green Travel Network, Inc. (Away.com) that provides information, products, and services associated with adventure and outdoor travel. In this agreement Away.com shall be considered to be the same as The Green Travel Network, Inc. (Away.com)
.2.2 "Away.com Products" or "Products" are items such as contests, newsletters, screensavers, and calendars that Away.com promotes on its site and makes available for download or sends by e-mail subsequent to the visitor registering for the specific product.
2.3 " Away.com Registration Page" is any page of the Away.com Website that enables Internet users to register for Away.com Products.
2.4 "Affiliate Unique Resource Locator" or "Affiliate URL" is an electronic address which Away.com will provide to Affiliate for purposes of linking Internet users between Affiliate's Website and an Away.com Registration Page.
2.5 "Away.com Affiliate Program" is the name of the program established by The Green Travel Network, Inc. (Away.com) to permit Affiliate and other Websites to feature Away.com Products on their Websites, electronically link their Websites to Away.com Registration Pages, and earn commissions on registrations made through the use of these electronic links.

3. Selection and Presentation of Away.com Products.
Affiliate will select one or more Away.com Products to feature on Affiliate's Website. Affiliate may change its selection of featured Away.com Products at any time, without Away.com 's approval. For each selected Away.com Product, Affiliate will display on its Website a word or words, graphic image(s), or combination of words and images, to be associated with that Product. The placement of these words and images will be the sole responsibility of Affiliate and within Affiliate's sole discretion. For each selected Away.com Product, Affiliate will also provide an electronic link to an Away.com Registration Page using an Affiliate URL provided by Away.com. It is Affiliate's sole responsibility to set up the electronic links connecting Affiliate's Website to Away.com Registration Pages for the featured Away.com Products, and ensure that the electronic links are in good and working order.

4. Referral Fees for Eligible Registrations.
Away.com will pay Affiliate referral fees when third parties register for certain Away.com Products ("Eligible Registrations"). In order to constitute an Eligible Registration and thereby generate a referral fee, the visitor must follow the electronic link from Affiliate's Website to an Away.com Registration Page for a Product featured by Affiliate, and register for the featured Product using Away.com 's automated registration system.

5. Ineligible Registrations.
Away.com will not pay referral fees to Affiliate on Away.com Products if the visitor does not register during a visit that occurred through the electronic link from Affiliate's Website even if the visitor subsequently returns to Away.com and registers, nor will Away.com pay a referral fee for any registrations that a visitor makes after said visitor's first registration.

6. Amount of Referral Fee.
Away.com will pay the Affiliate a referral fee on Eligible Registrations according to fee schedules established by Away.com. Away.com reserves the right to change the fee schedule at any time without notice but will make fee schedules available to Affiliate upon request or if any changes are made. The following fee schedule is in effect as of November 1, 1999.

Eligible Registrations:
Away.com Affiliate Program Rates
Members Sent to Us
Payment per Member
From
To
Related Sites *
All Other Sites
1
499
$0.50
$0.25
500
4,999
$0.65
$0.40
5,000
9,999
$0.75
$0.50
10,000
24,999
$1.00
$0.75
25,000
49,999
$1.25
$1.00
50,000
99,999
$1.50
$1.25
100,000 and UP
$2.00
$1.75
*Find out about all the bonuses you can earn!


Bonuses:

  • ** Related Site Bonus: Sites where the majority of the content is closely related to ecotourism, cultural travel, or adventure travel can receive up to a $0.50 per member initial commission rate. You must apply for this bonus by sending an e-mail to affiliates@Away.com which provides the site URL and describes how the site is focused on ecotourism, cultural travel, or adventure travel. Away.com shall be the sole decision maker as to what bonus (if any) shall be awarded.
  • $25 Quick Sign-up Bonus for putting up Away.com banners within one week of signing up as an Affiliate. This will be credited to Affiliate's account when Affiliate refers its 500th Eligible Registration. To qualify the Affiliate must e-mail affiliates@Away.com within 7 days of sign-up and provide the exact URL of the link to Away.com
  • 500th Registration Bonus: $25 when Affiliate refers its 500th Eligible Registration
Notes:
The number of Eligible Registrations continues to accrue over the full duration of the period that the Affiliate is active in the Away.com Affiliate Program. An Affiliate is considered to be active so long as the Affiliate has at least 5 Eligible Registrations per month. When a new payment level is reached it only applies to those Eligible Registrations above the number required to reach the new payment level.

7. Payment Schedule for Referral Fees.
Away.com will pay referral fees on a quarterly basis. Approximately 30 days following the end of each calendar quarter, Away.com will send Affiliate a check for the referral fees earned on Eligible Registrations made during the prior quarter, less any taxes that Away.com is required by law to withhold. Away.com reserves the right to hold any quarterly payment that totals less than $50.00. Withheld quarterly payments will be added to the referral fees due to the Affiliate for the subsequent quarter, and will be paid out when the next regularly scheduled quarterly payment exceeds $50.00 or this agreement is terminated, whichever is earlier.

8. Referral Reports.
Away.com will track registrations for Away.com Products made by visitors through an electronic link from Affiliate's Website. Affiliate can access electronic reports on referrals at http://www.Away.com/affiliate/pvt/home.tcl. The form, content and frequency of these reports may vary from time to time at Away.com 's discretion. Away.com will not be responsible for tracking and reporting sales that were not made through an electronic link from Affiliate's Website.

9. Right of Acceptance into the Away.com Affiliate Program
We retain the right to accept or deny Websites requesting participation in our affiliate program based solely on our determination of whether a site is a good fit with our target customer base. We will not accept sites that promote sexually explicit materials, violence, discrimination of any kind, or illegal activities.

10. Selection, Purchase Policies and Prices for Away.com Products.
Away.com has sole discretion for selecting the products available through its Website, and may modify at any time the list of Away.com products that Affiliate may select for featuring on Affiliate's Website. Visitors who register for Away.com Products, regardless of whether the registration is made through Affiliate's electronic link to an Away.com Registration Page or directly through Away.com Website, will be deemed to be visitors of Away.com. Accordingly, all Away.com rules, policies and operating procedures apply to those visitors, and Away.com may change its policies and operating procedures at any time. Currently all products are free, but Away.com will determine prices to be charged (if any) for products made available through the Away.com Website. Product prices and availability may vary from time to time, and Away.com does not guarantee the availability or price of any particular product.

11. Term of Agreement.
The term of this Agreement shall extend from the date of execution of this Agreement by both parties through and including the date of termination as defined in Section 12.

12. Termination.
Either party may terminate this Agreement at any time, with or without cause, by giving the other party e-mail or fax notice of the intent to terminate. Such termination will be effective upon receipt of the written notice by the other party. Affiliate is only eligible to earn referral fees on registrations occurring during the term of this Agreement.

13. Logos.
Away.com will make available to Affiliate logos, graphic images and text that serve to communicate Away.com Products being made available through Affiliate and identify Affiliate's Website as an Affiliate participant. All logos, images, and text must be returned to Away.com or destroyed upon termination of this agreement.

14. Limited License.
Away.com grants Affiliate a non-exclusive, revocable right during the term of this Agreement to use the logos, graphic images, and text described in Section 13 solely for the purpose of identifying Affiliate's Website as an Affiliate participant. Affiliate may not modify the logos, the message, or any of Away.com 's images in any way. Away.com reserves all of its rights in the logos, the message, any other images, its trade names and trademarks, and all other of its intellectual property rights. Away.com may revoke Affiliate's license to use the logos, message, and/or other images at any time, by giving Affiliate written notice.

15. Identification of Affiliate Participants.
Away.com may identify Affiliate or Affiliate's Website as a participant in the Away.com Affiliate Program without providing Affiliate prior notice or obtaining Affiliate's specific written consent. Such identification may be oral, written, or electronic, and may include, but is not limited to, public or private announcements, promotional materials, external reports, and public filings.

16. Responsibility for Affiliate's Website.
Affiliate will be solely responsible for the development, operation and maintenance of its Website, including maintenance of the electronic links to Away.com Registration Pages, and for all materials that appear on its Website. Affiliate will indemnify and hold Away.com harmless from all claims, damages and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance and contents of Affiliate's Website.

17. Relationship of Parties.
The parties do not intend to create and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Affiliate will have no authority to make or accept any offers or representations on Away.com's behalf. Affiliate will not make any statement, whether on Affiliate's Website or otherwise, that would contradict anything in this Section.

18. LIMITATION OF LIABILITY.
AWAY.COM WILL NOT BE LIABLE TO AFFILIATE OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR SERVICES, ARISING IN CONNECTION WITH THE EXECUTION, OPERATION OR PERFORMANCE OF THIS AGREEMENT OR THE OPERATION OF AWAY.COM WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES OR LOSS WAS FORESEEABLE AND REGARDLESS OF WHETHER AWAY.COM WAS INFORMED OR HAD DIRECT OR IMPUTED KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS IN ADVANCE. FURTHER, AWAY.COM 'S AGGREGATE LIABILITY ARISING WITH RESPECT TO THE EXECUTION, OPERATION OR PERFORMANCE OF THIS AGREEMENT AND THE OPERATION OF AWAY.COM WEBSITE WILL NOT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE TO AFFILIATE UNDER THIS AGREEMENT.

19. DISCLAIMERS.
AWAY.COM MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO AWAY.COM WEBSITE, THE AFFILIATE PROGRAM OR ANY AWAY.COM PRODUCTS (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, AWAY.COM MAKES NO REPRESENTATION THAT THE OPERATION OF AWAY.COM WEBSITE AND REGISTRATION PAGES WILL BE UNINTERRUPTED OR ERROR FREE, AND AWAY.COM WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

20. Governing Law and Jurisdiction.
This Agreement will be governed by the laws of the United States and the District of Columbia, without reference to rules governing choice of laws. Any action relating to this Agreement shall be brought in the federal or local courts located in Washington, D.C., to the exclusion of any other Federal, state or county courts.

21. Assignment.
Affiliate may not assign this Agreement, by operation of law or otherwise, without Away.com's 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.

22. Waiver.
Away.com's failure to enforce any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement.

23. Scope of Agreement.
This Agreement constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements or representations between the parties. This Agreement may only be modified by a written instrument signed by both parties.

24. Notice.
All necessary notices and requests required or permitted to be given under this Agreement shall be given by e-mail or fax.
AFFILIATE ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT AND AGREES TO ALL OF ITS TERMS AND CONDITIONS. AFFILIATE UNDERSTANDS THAT AWAY.COM MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT VISITOR REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH AFFILIATE'S WEBSITE. AFFILIATE HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.


I have read and understand the terms and conditions as stated in this document, and agree to be bound by them.

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