By Registering and Signing up to the WePlann Affiliate Program as Affiliate Partner, the Affiliate hereby agrees, acknowledges, accepts and agrees to the Terms and Conditions of this Affiliate Agreement (The "Agreement").
PRIVILEGED & CONFIDENTIAL
THIS AGREEMENT effective the date of affiliate registration, by and between WePlann, Inc., a Delaware corporation (“WePlann”, "Company") with its registered address at 3320 Camp Bowie Blvd; Suite 1207, Fort Worth, Texas 76107 USA, and the registering Affiliate ("You", "Your", "Affiliate"), whose details are set out in the Affiliate Partner Registration Form (the Affiliate Partner Registration Form).
The Affiliate Program is administered through our Company pursuant to the policies at our Company Web sites www.WePlann.com www.WePlann.com.br as well as this agreement.
(i) WePlann operates an online travel activities & tours reservation system (the "System") through which participating Activity and Tour Operators (collectively the "Operators") can make their activities and tours available for reservation, and through which visitors can book activities and tours with such "Operators" (the "Service");
(ii) WePlann maintains and exploits its own web sites (www.WePlann.com and www.WePlann.com.br), and also provides the Service and links to the Service on the websites of third parties;
(iii) the Affiliate owns, controls, hosts and/or operates one or more Internet domains and websites;
(iv) the Affiliate and WePlann wish that the Affiliate makes the Service (directly or indirectly) available to its customers and visitors of the Affiliate Website(s) and in such form and on such terms and conditions as set out in this Agreement.
In addition to terms defined elsewhere in this Agreement, the following definitions apply throughout this Agreement, unless the contrary intention appears:
"Affiliate" means the Party of which the relevant (contact) details are set out in Affiliate Partner Registration Form.
1.2 No Partnership
1.2.1 No partnership, joint venture or other legal entity is created between Company and Affiliate.
1.2.2 Unless agreed otherwise in writing by WePlann or save as set out otherwise in this Agreement, the Affiliate shall not publish anywhere on the Affiliate Website(s) any statement, either express or implied, that the website is part of, endorsed by, or an official website of WePlann.
2. SCOPE OF THIS AGREEMENT
Subject to the terms and conditions of this Agreement, the Affiliate shall operate as a non-exclusive distributor (affiliate) of WePlann.
Commissions will be paid by Company as outlined in this agreement. Company reserves the right to change the price of Company's products and web site content without notice. Commissions are based on the percentage of sale in effect at the time of sale and will be calculated and paid on a monthly basis.
Affiliate represents and warrants to Company, that Affiliate has read and understands this Agreement and agree to the terms set forth therein.
Affiliate agrees to receive email from our Company. Affiliate agrees to only present Company, Company products and services as set forth in the official Company marketing materials or via text links.
Affiliate agrees not to disparage Company, Company products or services or other Company
Affiliates in any manner. Affiliate understands that disparagement may result in the immediate suspension or termination of Affiliate account with a cancellation of any pending commissions.
Company will pay commissions based on the percentages/rates provided for in the WePlann.com Affiliate Program control panel for qualified sales that are tracked through our tracking system using a "cookie" that indicate Affiliate as the source of the visit to Company Web site.
All Affiliate payments will be made inclusive of any and all taxes generated from commissions.
Affiliate is solely responsible for the payment of any and all taxes to tax authorities, generated from commission payments. If a sale is refunded or cancelled, this sale will not be paid commission or will be deducted from a subsequent payment.
Affiliate commissions will not be paid based upon amounts that are attributable to credit card fraud, credits given to customers, bad debt rightoff and returned goods.
Company reserves the right to deduct in subsequent months, any commission paid for a product or service that is subsequently returned or refunded, or for any reason where the previous monthly commission was overpaid or later subject to reduction.
Payments will be made no later than 15 days after the end of the previous month. All payments will be made via bank transfer or PayPal.
Affiliate is solely responsible for ensuring that their Affiliate Link, to be placed on relevant pages, is set up properly to have sales tracked and recorded to qualify for commissions.
Company is not responsible for the failure to assign any sale or commissions to Affiliate if the same results from the improper formatting of any affiliate links.
Company will only pay commissions on sales that are tracked through our tracking system using a "cookie" that indicate Affiliate as the source of the visit to Company Web site.
NO INCOME CLAIMS ARE MADE Company makes no representations or warranties whatsoever, regarding potential income that may result from participation in Company's Affiliate Program and Company specifically disclaims any and all warranties in regards to Affiliate's earning potential.
Affiliate agrees to provide Company with a valid contact information upon registration.
Company will make every reasonable effort to accurately track and pay commissions for all sales that belong to or are credited to Affiliate.
Company is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily interfere with, disrupt or diminish tracking or service.
Company shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement or program, even where Company has been advised of the possibility of such damages.
Company's total liability arising from this agreement or program shall not exceed the total commissions paid or payable by Company.
Company is responsible for handling all customer inquiries, fulfilling product orders, customer billing and collection of monies.
Company pricing of products and services is totally within Company discretion and Company reserves the right to change the pricing structure, terminate any special offers, discontinue products or services, or change the terms under which products or services are offered at any time, without any advance notice to Affiliate.
Our only responsibility to you in this regard is to track customer orders that occur through links from Affiliate and make reports of the commissions due as a result thereof.
Affiliate agrees not to misrepresent Company products or services.
Affiliate also agrees not to advertise Company products or services on Web sites that promote sexually explicit material, violence, Warez or pirated materials, or sites that promote discrimination based on race, sex, religion, national origin, or physical disability or sites that promote illegal activities.
Company makes no warranties expressed or implied for the Affiliate Program except as outlined in this Agreement. Affiliate program is provided As Is.
Payment of the final commission payment to the Affiliate may be withheld for a reasonable time in order to ensure that the correct amount of monies due are paid.
Affiliate is solely and fully responsible for any and all costs and expenses Affiliate incurs in the marketing of the Company, Company products and services, and Affiliate agrees to hold Company harmless from same.
In the event that any provision of this Agreement is held to be invalid or unenforceable, said provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules.
Any legal action arising out of this Agreement shall be litigated and enforced under the laws of the State of California.
In addition, you agree to submit to the jurisdiction of the courts of the State of California, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the United States District Court for the Northern District of California.
The Company obligations and Affiliate remedies are solely and exclusively as described and limited in this agreement and if applicable, on the Company's Web site affiliate information.
Company liability, whether based on contract, tort, warranty, strict liability, or other legal claim, shall not exceed the price of the individual goods, products,services or commission owed, whose alleged defect or damage is the basis of the claim.
In no event shall Company be liable for any loss of profits, loss of use, or other indirect, incidental, or consequential damage to Affiliate.
Company reserves all rights not expressly granted here.
Company and Affiliate agree that these terms and conditions are the complete statement of the agreement between the parties, superseding all oral or written proposals and all negotiations, conversations, and other communications between the parties with respect to the subject matter hereof.
Both parties represent and warranty that their entry into this Agreement is rightful and does not violate any other agreement to which they are a party.
Agreement last updated on Mar 1, 2016