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  Affiliate Service Agreement  
  This agreement contains the Terms & Conditions that apply to an individual or entity's participation in the My Bulgarian Holidays Affiliate Program (hereafter noted as "the program"). As used in this agreement, "we" refers to My Bulgarian Holidays, and "you" refers to the applicant. "Site" means My Bulgarian Holidays site and depending on the context typically refers to the My Bulgarian Holidays web site located at the URL http://www.mybulgarianholidays.com or your own website.  
 
  1. Enroll in the program
  2. Links to us from your site
  3. Rebate Code
  4. Order Processing
  5. Commissions
  6. Commission Payment
  7. Pricing and Policies
  8. Identifying Yourself as an Affiliate
  9. Responsibility For Your Site
  10. Limited License
  11. Terms
  12. Modification
  13. Relationship of Parties
  14. Limitation of Liability
  15. Disclaimers
  16. Independent Investigation
  17. Usage By Minors
  18. Miscellaneous

 

 
 
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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