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 Affiliate Program Overview The following Terms & Agreement contain the complete terms and conditions that apply to an individual's or entity's participation in Alpventures® Affiliate Program (hereafter called the "Program"). Definitions are as follows: "we" means Alpventures®; "you" means the Applicant; "Your Site" means your Website; "The System" means the programs which generate the Affiliate Program; The "Full Program" means the Full Affiliate program; The "Sales Program" means the Sales Affiliate program. To begin the enrolment process, you will complete our application via our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include but may not be limited to sites that: (1) promote sexually explicit materials, (2) promote racism, hatred or violence, (3) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, (4) promote illegal activities, (5) violate intellectual property rights. Standard Program When you log into the Affiliate Area your html code for linking graphics and images will be displayed in your account information. The html code should be included in its entirety on Your website including your Affiliate ID. The positioning of the graphic or text link (html) is at your discretion. You will provide us with the URL of the page containing the link. Full Program You will provide us with a sample page from your site (or html "Header" and "Footer"). We will make reasonable efforts to create a welcome page (customized portal) which will reflect the general "look and feel" of the sample page. If we believe that the structure of the sample is so complex that we cannot reproduce the "look and feel" readily we will discuss the issues with you and reserve the right to make a charge or terminate this contract if no agreement can be reached. In no circumstances will any billable work be done without your written agreement. Tour Bookings We handle the reservation process upon completion of your customers tour booking(s). We reserve the right to reject bookings that do not comply with any requirements that are established. Subject to limitations below we will be responsible for all aspects of tour reservations and tour fulfillment. Among other things, we will process further payments, cancellations, and handle customer service. We will track sales made to customers who use The System starting from your website and will make reports available on-line in the Affiliate Account Area. The form, content, and frequency of the reports may vary from time to time in our discretion. To permit accurate tracking, reporting, and fee accrual, you must ensure that the special links between your website and our Alpventures.com are properly formatted. Commission Payment We will pay your commissions every three (3) tour bookings. We will send you a check for the commissions earned, less any taxes that we are required by law to withhold. Policies and Pricing Customers who book Tours through The System will be deemed to be customers of Alpventures®. Accordingly, all rules, policies, and operating procedures concerning customer bookings, customer service, and tours will apply to those customers. We may change our policies and operating procedures at any time. Limited License We grant you a non-exclusive, revocable right to use our logo and such other images for which we grant express permission, solely for the purpose of identifying your site as a Program participant. You may not modify the icon, the message, or any of our images in any way. We reserve all of our rights in the icon, the message, any other images, our trade names and trademarks and/or service marks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice. Responsibility for your Website We disclaim all liability for any statements made on your Website about The System other than any text material we provide you with, or any material which is cleared by us in writing. 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 contents of your Website not approved by us which refer to The System. Terms of the Agreements The terms of this Agreement will begin upon our acceptance of your 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 notice of termination. You are only eligible to earn fees on sales occurring during the term, and fees earned through the date of termination will remain payable only if the related bookings are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Modification We may modify any of the terms and conditions contained in these Terms & 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, 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. 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. 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 otherwise, that reasonably would contradict anything in this Section. 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 REFERRAL FEES PAID OR PAYABLE TO YOU UNDER TO THIS AGREEMENT. Disclaimers WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM (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 PRESENTATION 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. 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 CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. 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. Miscellaneous This Agreement will be governed by the laws of the State of Oregon. 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. |