Affiliates Program Terms Of Service
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Fly Cozumel Affiliate Program Manager
TERMS AND CONDITIONS
IMPORTANT-READ CAREFULLY: THIS AFFILIATE PROGRAM AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU ( “THE AFFILIATE” ) AND WLTDO S. DE R.L. DE C.V. ( OWNER OF FLY COZUMEL BRAND AND FROM NOW AND FURTHER REFFERED AS “FLY COZUMEL” ), FOR PARTICIPATION IN THE FLY COZUMEL AFFILIATE PROGRAM AS MANAGED BY FLY COZUMEL’S INTERNAL PROGRAM. BY REGISTERING FOR AND PARTICIPATING IN OUR PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT APPLY FOR OR PARTICIPATE IN THE PROGRAM. IF YOU ARE ALREADY A FLY COZUMEL AFFILIATE AND DO NOT AGREE TO THE ENTIRE AFFILIATE AGREEMENT, THEN IMMEDIATELY TERMINATE ALL USES OF FLY COZUMEL AFFILIATE MATERIALS AND ANY AFFILIATE LINKS TO THE FLY COZUMEL’S WEBSITE.
If you accepted to participate in our affiliate program and your site is thereafter determined (at our sole discretion) to be unsuitable based on the criteria below, we reserve the right to terminate this agreement:
- Promotion of discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promotion of sexually explicit, pornographic or obscene content (whether in text or graphics)
- Promotion of illegal activities
- Promotion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethnically or otherwise objectionable
- Promotion of content related to liquor, tobacco, firearms, drugs, gambling, crime or death
- Promotion of any unlawful behavior or conduct
- Auto-traffic generators or traffic exchanges
- Any other material deemed inappropriate or offensive by Fly Cozumel.
- Inactivity of affiliates’ account will cause the termination of this agreement and the cancellation of the account. If the account has pending commission, we will do our best to reach the affiliate and organize the payout. Otherwise, commissions will be lost permanently.
- All accounts are subject to a 45-day approval period.
Fly Cozumel reserves the right to make changes to the affiliate agreement at anytime and solely at our discretion. Continued participation in our affiliate program constitutes your agreement to any and all changes made to this agreement.
Affiliates earn commissions based on a fixed percentage of 6% of the whole order amount.
- Each new sale must remain in good standing. Commissions will not be credited for sales that have been canceled, terminated, charged back, refunded, or have outstanding balances.
- Commissions will be eligible for payment only after the tour has been executed and there are no disputes to resolve.
- All sales must originate from the affiliates unique tracking URL. The tracking URL we provide must not be altered. It is unique to each affiliate and any changes could result in inaccurate statistics generated and for commissions not to be credited for a sale. Please test your unique tracking URL each time you use it. Fly Cozumel will not be responsible for, nor give credit for, sales that does not have your unique tracking URL attached to it.
- Affiliate generated sales that do not meet these requirements, will not be eligible for commission credit.
- All statistics are collected and calculated by Fly Cozumel, and will be the only valid stats used for determining commissions.
It is our sole discretion whether or not an affiliate sale is legitimate or not. Fly Cozumel reserves the right to deny for reasons including, but not limited to, poor quality affiliate traffic, conversions, low sale cost, high rate of cancellations and low renewals. We reserve the right to chargeback or deny commissions for faster or higher than normal cancellation rates. We also reserve the right to adjust commission rates below our base rate for performance reasons.
Commissions are processed the day next the tour is executed and paid through Paypal. Payments will be made payable to the Paypal account you provided in your affiliate account. All funds are paid in U.S. dollars. We DO NOT make us responsible for payments made to any incorrect account provided by the affiliate.
In the event an order contains more than one tour, the commissions will be made payable after the last tour is executed.
A corresponding invoice must be on file with us before payment can be released (REMEMBER, only commissions for those tours already executed will be considered) and must respect the following rules:
- Every line of the invoice MUST contain the reference ID for the order appearing in your affiliate account page.
If an invoice contains any error ( personal information, reference ID, commission amount, etc.) then this last will have to be drafted and submitted again with the correct information.
In the event that the Affiliate is not subject to the Mexican law, the same, whether he/she is a natural person or a legal person, undertakes to issue a tax document complying with the tax laws of their original country.
The following restrictions apply to all affiliates. If at anytime these restrictions are not adhered to, this agreement will be terminated and any unpaid commissions will no longer be valid. It is our discretion whether these terms were violated.
- Affiliates may not use their affiliate link for self-referring accounts used for their own personal use.
- Cookie stuffing will not be tolerated and result in the termination of the affiliate account.
- Affiliates using traffic exchanges or incentive offers.
- Affiliates cannot earn commissions on their own purchases.
- It is to our discretion whether to allow affiliates into the program based on the content of their website who have “FLY”, “COZUMEL” or any variation, misspelling or combination of words in the primary domain name of their site and/or social media websites where an Fly Cozumel affiliate link resides.
- Affiliates may not format pages with affiliate links through to Fly Cozumel with iframes or any other disguising methods
- Affiliates are prohibited in using spam or any other unsolicited mass email campaigns.
- Affiliates may not promote Fly Cozumel via a browser add on or toolbar.
- Affiliate may not engage in a relationship with ISPs and/or mobile carriers resulting in the delivery or act of address bar keyword and URL trafficking.
- Affiliates are prohibited from promoting Fly Cozumel on sites where the primary function or value of the site is to distribute coupon/promotional codes.
- Affiliates may not promote exclusive offers that are negotiated through non affiliate channels.
- Agencies may signup on behalf of your customer though you must use your client’s details during the checkout process and a payment method belonging to the customer (for example, the customer’s card). You may not signup on behalf of a customer under your agency’s client details nor pay for the invoice on your client’s behalf.
You may not use the keywords coupons, discounts or similar terms in your SEO, the title of the page or meta title without advanced permission, even if you have a custom code you are promoting. Whether an affiliate is classified as a coupon affiliate is the sole discretion of Fly Cozumel affiliate manager. Factors that could cause a site to be classified as a coupon site include coupon offerings especially from many different merchants and a focus on savings or deals rather than on the products and features of a merchant.
Other occasions when an affiliate sale will be voided include:
- Canceled before or after tour date due to our terms and conditions.
- Test transactions (by affiliate or by Fly Cozumel)
- Duplicate sales
We do not and will not tolerate the sending of unsolicited email messages and will prosecute all offenders to the fullest extent of the law. By agreeing to the terms and conditions of this agreement, you also agree to the following.
- e-mails promoting Fly Cozumel shall not contain or include a falsified sender domain name or falsified IP address;
- e-mails promoting the Fly Cozumel advertisements shall not be routed or relayed through servers that the sender does not have explicit authorization to use;
- e-mails promoting the Fly Cozumel advertisements shall not contain or include a false or misleading subject line that attempts to disguise or conceal the content of the e-mail;
- all e-mails shall contain or include valid and responsive contact information of the sender, list manager or list owner; This includes your physical address.
- no e-mails promoting Fly Cozumel shall be sent for the purpose of harvesting the e-mail addresses in order to send future unsolicited e-mails;
- every e-mail promoting Fly Cozumel advertisements shall contain a functioning return electronic mail address or other Internet-based mechanism clearly displayed that a recipient may use to submit in a manner specified in the message a reply electronic mail message or other form of Internet-based communication requesting not to receive future e-mail messages from you
- unless otherwise directed by Fly Cozumel in writing, you shall not use Fly Cozumel, or it’s represented advertisers names ( including any abbreviation thereof) or any trademark, trade name, service mark, logo or other Fly Cozumel identifying information in the originating or return e-mail address line, header or subject line of any e-mail transmission and that all e-mail transmissions shall contain language in the body and both the “from” line as well as the “re:” line that clearly announces that the offer embedded in the e-mail is being sent by you for the benefit of your users.
- you agree and affirm to comply with all the rules and regulations set forth in the Mexican law of personal data protection (ARCO, Art 16th of the Mexican Constitution) and/or your country law, as well as all obligations and provisions herein.
Fly Cozumel does not express or imply any warranties or representations in respect to our affiliate program or an affiliate’s potential to earn income from our affiliate program. We make no representation that either our site or that of the affiliate program will be uninterrupted or error-free and we will not be liable for any consequences of interruptions or server down time.
GRANT OF LICENSES
- We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Fly Cozumel’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Fly Cozumel and the good will associated therewith will inure to the sole benefit of flycozumel.com.
- Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
LIMITATIONS OF LIABILITY
We will not be liable to you with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this agreement, in no event shall flycozumel.com’s cumulative liability to you arising out of or related to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to you under this agreement.
You hereby agree to indemnify and hold harmless FlyCozumel.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
- You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Fly Cozumel. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
- Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
- This agreement is governed by Mexican law and any dispute will be settled by the Court of Quintana Roo state.
- You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
- This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
- The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
- If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.