This is to confirm the terms or our agreement whereby you (the "affiliate") will market the sale of travel related products through a link/placement on your website utilizing Tripster’s Affiliate Revenue Tools.
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The Affiliate will market Affiliate Revenue Tool Solutions via a link from the Affiliate’s website.
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Tripster, at Affiliate’s request, shall make available to the Affiliate a graphic image link which Affiliate shall display on its site and which shall link the Affiliate site to an Affiliate Revenue Tool Solution.
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Tripster shall pay Affiliate a commission for all orders placed, paid for and consumed as a direct result of Affiliate's link with exception of any orders placed by a travel agent. Reports and commissions shall be paid monthly. However, if commissions are less than $25.00 in any month, Tripster reserves the right to pay quarterly.
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The above commission shall be the sole compensation that the Affiliate is entitled to receive under this agreement.
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Commissions will be paid once orders are consumed, not at the time of purchase.
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The term of the agreement shall be for a period of two years from the date this agreement is accepted by Affiliate and approved by Tripster. The agreement shall be automatically renewed for successive periods of two years unless canceled in writing by either party with 30 days notice. If cancelled, Tripster shall pay the Affiliate commissions for any booking generated prior to cancellation.
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Tripster grants the Affiliate a nonexclusive, revocable right to use the graphic image described above and such other images for which we grant express permission, solely for the purpose of identifying the Affiliate sites as an Affiliate member and to assist in generating product sales. Tripster reserves all of its rights to the graphic image and message, any other images, its trade names and trademarks, and all other intellectual property rights. Tripster may revoke the Affiliates license at any time by giving the Affiliate written notice.
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The Affiliate will be solely responsible for the development, operation and maintenance of the Affiliate's site and for all materials that appear on Affiliate's site, including but not limited to, the placement of proper code, graphic image or any message associated with the link to the provided Affiliate Revenue Tool Solution.
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It is Affiliate's responsibility to ensure that materials posted on the Affiliate's site are not libelous or otherwise illegal. Tripster disclaims all liability for these matters. Further, the Affiliate will indemnify and hold Tripster harmless from all claims, damages, and expenses (including, without limitation to attorney's fees) relating to the development, operation, maintenance, and contents of the Affiliate's site.
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Tripster may modify any of the terms and conditions contained in this agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the site. If any modification is unacceptable to the Affiliate, the Affiliate's only recourse is to terminate this agreement.
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Tripster will not be liable for indirect, special or consequential damages (including but not limited to) any loss of revenue, profits, or data arising in connection with this agreement or "the program", even if Tripster has been advised of the possibility of such damages. Further, aggregate liability arising with respect to this agreement and the referral program will not exceed the total referral commissions paid or payable to Affiliate under this agreement.
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Tripster makes no express or implied warranties or representations with respect to the referral program or any products sold through the program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties alleged to arise out of a course of performance, dealing, or trade usage). In addition, Tripster makes no representation that the operation or its site will be uninterrupted or error-free, and Tripster will not be liable for the consequences of any interruptions or errors.
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The Affiliate acknowledges that the Affiliate has read this agreement and agrees to all its terms and conditions. The Affiliate understands that Tripster 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 the Affiliate's web site. The Affiliate has independently evaluated the desirability of participating in the referral program and is not relying on any representation, guarantee, or statement other than as set forth in this agreement.
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The Affiliate may not assign this agreement, without prior written consent.
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The use of names, logos or trademarks must be approved in writing by Tripster. Except as otherwise stated in this agreement, Tripster makes no guarantee as to the amount of revenue that may be generated pursuant to this agreement.
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This agreement is made and entered into in Missouri, Missouri law applies. Tripster and the Affiliate are independent contractors and nothing in this agreement shall be construed to a partnership or joint venture. This is merely an agreement to sell hotel rooms, theater shows and attractions for commission. This is the entire agreement between the parties and may only by amended in writing signed by both parties.
