1 Enroll in the program
To begin the enrollment
process, you will submit a complete program application via our
site. We will evaluate your application and will notify you of your
acceptance. We may reject your application if we determine (at our
discretion) that your site is unsuitable for the program. Unsuitable
sites include those that:
> Promote violence
> Promote discrimination based on race, religion, sex, sexual
orientation, disability or age
> Promote illegal activities
> Violate intellectual property rights
If we reject your application, you are welcome to apply to the
program again at a later date. Please note that if we accept your
application and your site is determined (at our discretion) to be
unsuitable for the program, we may terminate this agreement at any
time, and without warning.
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2 Links to us from your
site
Once you have been notified
that your site has been accepted into the program, you may provide
on your site the following types of links to our site.
Text Links.
You may select from our website one or more Text Links to be displayed
on your site. You are responsible for style, content and placement
of these references on your site. You may add or delete related
links from your site at any time without our approval.
Banner Links.
You may select from our website one or more Banner Links to be displayed
on your site. You are responsible for style, content and placement
of these references on your site. You may add or delete related
links from your site at any time without our approval.
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3 Rebate
Code
A rebate
code will be automatically generated once your registration has
been accepted and will be available in the Affiliate Control Panel
under your account.
The rebate code will be used from your references during the members
registration procedure in order to get a special discount from the
retail prices. Also by entering the rebate code will automatically
guarantee those are your references and therefore will generate
commissions in the case they will pay for our services or products.
You may show your rebate code in your website as a text description
as well as an image in order to let your visitors use it. Of course
you can also give your rebate code to anyone you wish in order to
generate a sale. Rebate code cannot be used from you as well as
from any person who uses your name. If this will happen no commission
will be given to you for those sales. Default Rebate Code discount,
for your references which use it, is 5% and you will get a commission
for the paid amount. You may ask (by sending an email with your
request and motivations) for a higher rebate code discount for your
references in order to get more sales. This can be negotiable and
of course it will decrease your commission rate.
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4 Order
Processing
We will
process orders placed by customers who follow links from your site
to ours. We reserve the right to reject orders that do not comply
with specifications and requirements that we establish and periodically
change. We will be responsible for order processing and fulfillment,
processing payments, cancellations and returns and handle customer
service. We track sales made to customers who purchase listings
using links from your site to ours and will make available to you
reports summarizing these sales.
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5 Commissions
We will
pay you (in accordance with the terms listed in this program) a
15% commission on all listing packages (not including gift-wrapping,
taxes, service charges, credit card processing fees and bad debt)
on the My Bulgarian Holidays website. We will pay the commission
based on a customers first visit from your site to ours coming from
the links listed above. Customers who reenter our site (other than
through an above mentioned link) are considered customers of My
Bulgarian Holidays and no commission will be paid.
If we determine, in our discretion, that you have offered any person
or entity such a consideration or incentive, we may (without limiting
any other rights or remedies available to us) withhold any commissions
otherwise payable to you under this agreement.
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6 Commission
Payment
Once your
commission is equal or greater than the set payable amount (this
amount will be set from you in the Affiliate Control Panel under
the page Preferences) we will pay you commissions on a monthly basis.
Approximately within 3 days following the end of each calendar month,
we will send you a check or bank transfer (depending from your chosen
method) for the commissions earned on sales of qualifying listings
that were fully paid during the previous months, less any taxes
(including international bank transfer taxes) or fees that we are
required by law to withhold.
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7 Pricing
and Policies
Customers
who buy listings through this program will be deemed to be customers
of My Bulgarian Holidays. Therefore, all My Bulgarian Holidays rules,
policies and operating procedures concerning customer orders, customer
service and product sales apply to these customers. We may change
our policies and operating procedures at any time. For example,
we will determine the prices to be charged for listings sold under
this program in accordance with our own pricing policies. Listing
prices may vary from time to time. Because price changes may affect
listing prices that you already have listed on your site, you may
not include price information in your descriptions.
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8 Identifying
Yourself as an Affiliate
You may
not make any press release with respect to this agreement or your
participation in the program without our prior written consent,
which may be given or withheld in our discretion. Please review
and familiarize yourself with the My Bulgarian Holidays Terms &
Conditions associated with this agreement. You may not in any way
misrepresent or change the relationship between you and us or express
or imply any relationship between us and you or any other person
or entity except as expressly permitted by this agreement (including
by expressing or implying that My Bulgarian Holidays supports, endorses,
sponsors or contributes money to any charity or other cause).
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9 Responsibility
For Your Site
You will
be solely responsible for the development, operation and maintenance
of your site and for all materials that appear on your site, including
but not limited to:
> technical operation
of your site and all related equipment
> creating and posting descriptions on your site and linking
those descriptions to our site
> accuracy and suitability of materials posted on your site
> ensuring that materials posted on your site do not violate
or infringe upon the rights of any third party (including, for example,
copyrights, trademarks, privacy, or other personal or proprietary
rights)
> ensuring that materials posted on your site are not libelous
or otherwise illegal. We disclaim all liability for these matters.
Further, you will hold us harmless from all claims, damages and
expenses (including, without limitation attorney's fees) relating
to the development, operation, maintenance, and contents of your
site.
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10 Limited
License
We grant
you a nonexclusive, revocable right to use graphic images and text
mentioned in this agreement and other images for which we grant
permission for the purpose of identifying your site as a program
participant and to assist in generating sales. Only team-members
of My Bulgarian Holidays have the authority to modify our graphic
images and predetermined text phrases. We reserve all of our rights
in the graphic image and text, any other images, our trade names
and trademarks and all other intellectual property rights. You agree
to follow our Terms & Conditions guidelines as those guidelines
may change from time to time. We may revoke your license at any
time.
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11 Terms
The term
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. Upon
the termination of this agreement you will immediately cease use
of and remove from your site all links, banners and graphics related
to our site, and all My Bulgarian Holidays trademarks, trade dress
and logos, and all other materials provided by or on behalf of us
to you pursuant hereto or in connection with the program. You are
eligible to earn commissions on sales of qualifying listings occurring
during the term of the agreement. We may withhold your final payment
to ensure that the correct amount is paid.
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12 Modification
We may
modify any of the terms and conditions contained in this agreement
at any time and in our discretion. Modifications may include changes
in the scope of available commissions, schedules, payment procedures
and program rules. If any modification is unacceptable to you, your
recourse is to terminate this agreement. Your continued participation
in the program following a posting of a change or new agreement
on our site will constitute binding acceptance of the change.
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13 Relationship
of Parties
You and
we are independent contractors; this agreement does not create any
partnership, joint venture, agency, franchise, sales representative
or employment relationship between the parties. No authority is
given to you to make or accept any offer or representations on our
behalf. No statement will be made whether on your site or otherwise
that would contradict anything in this section.
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14 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, 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 commissions
paid or payable to you under this agreement.
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15 Disclaimers
We make
no express or implied warranties or representations with respect
to the program or any products sold through the program. We make
no guarantee that our sites operation will be uninterrupted or error-free,
and we will not be liable for the consequences of any interruptions
or errors.
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16 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 web site. 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.
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17 Usage
By Minors
You agree
that you are an adult of 18 years of age or older.
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18 Miscellaneous
The laws
of The Netherlands govern this agreement, without reference to rules
governing choice of laws. Any action relating to this agreement
must be brought in the courts located in Almere , The Netherlands
and you irrevocably consent to the jurisdiction of such courts.
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
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.
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