IvyMedia Corp dba GotoBus.com Affiliate Program Contract
This agreement constitutes the terms whereby, you ("Affiliate") will market travel products ("Products") supplied by IvyMedia Corp dba GotoBus.com ("GotoBus") through the Internet in return for a commission on sold products (as defined below).

1. Affiliate will market  GotoBus's products to its customers by establishing links to GotoBus' website or by embedding GotoBus' booking engine into Affiliate's website. In order to earn a commission, Affiliate's customers must be directed to GotoBus prior to the customer's creation of a shopping cart.

2.    The initial term of this agreement is subject to approval from GotoBus.  The relationship may be terminated by either Affiliate or GotoBus for any reason within seven days of written notification.  Written notification can be made via fax, post, or email.

3.    GotoBus grants Affiliate a non-exclusive, non-transferable right and license: (i) to access GotoBus' website through hypertext markup language ("HTML") links; and (ii) to use the GotoBus logos, trade names, trade marks and similar identifying material (collectively, the "Licensed Materials") that GotoBus provides to Affiliate solely in connection with such HTML links.  Affiliate may not alter, modify or change the Licensed Materials in any way and is only entitled to use the Licensed Materials during the Term of this Agreement.  This license will terminate immediately upon termination of this Agreement.  Upon termination of this Agreement for any reason Affiliate agrees to immediately remove all HTML links from Affiliate's website to GotoBus' website.  GotoBus may revoke the license at any time as specified in paragraph two (2).

4.    Affiliate grants to GotoBus a non-exclusive, non-transferable worldwide right and license to utilize Affiliate's name, title, trade mark, logo and similar identifying material in advertising, marketing, promoting, and public relations activities undertaken by GotoBus.  GotoBus is under no obligation to advertise, market, promote, or publicize Affiliate.  

5.    GotoBus shall afford Affiliate's customers the same level of service as any other GotoBus customer.

6.    GotoBus shall provide Affiliate access to account information and records of product purchases by Affiliate's customers.
     
7.    All booking requests from Affiliate's customers are subject to acceptance by GotoBus in accordance with the Product terms and conditions.

8.    GotoBus shall pay Affiliate an agreed upon commission for purchases made by Affiliate's customers.  A purchase is commissionable if an Affiliate's customer purchases product as a direct result of arriving at GotoBus website through a tagged link from Affiliate's website during a single browser session.   The commission is paid on completed bookings that are not cancelled or returned, excluding amounts collected for sales taxes, credit card fees, handling, and similar charges.

9.    GotoBus, in its sole discretion, may enter into an incentive agreement with Affiliate with respect to any additional fees to be paid pursuant to this Agreement.

10.    Fees shall be paid for each calendar month in the month subsequent to the calendar month in which each Product purchase is availed.  In the event Fees due are less than fifty United States dollars (US$50.00) then payment will be withheld until such time as the total Fees due are equal to or greater than fifty United States dollars (US$50.00) in a calendar month.  If this Agreement is terminated GotoBus shall pay Affiliate any Fees due in accordance with the payment schedule set forth in this paragraph.  In the event Fees due following termination are less than fifty United States dollars (US$50.00) then payment will be made for such lesser amount.

11.    If Affiliate customer cancels, disputes or rejects a Product purchased and/or availed, and GotoBus has already paid Affiliate a Fee based on the Product being purchased and/or availed, GotoBus will deduct the amount of the disputed Fee from the next payment to Affiliate.  In the event there are no subsequent Fees due to Affiliate, GotoBus will send Affiliate an invoice for the amount of the disputed Fee, and Affiliate agrees to pay the invoiced amount no later than thirty (30) calendar days from the date of invoice.

12.    GotoBus, in its sole discretion, may modify any of the terms and conditions contained in this Agreement, at any time by notifying each Affiliate at its nominated email address.  Affiliate's continued referral of its customers thirty (30) calendar days after GotoBus notifies Affiliate by email will constitute implied acceptance of the new agreement and its terms by Affiliate.

13.    GotoBus makes no express or implied warranties or representations with respect to the Products offered.  In addition, GotoBus makes no representation that the operation of its website will be uninterrupted or error-free and GotoBus will not be liable for the consequences of any interruptions or errors.

14.    Affiliate understands that GotoBus reserves the right to solicit customers on terms that may differ from those contained in this Agreement or operate websites that encourage direct consumer business.  

15. GotoBus owns all intellectual property rights (including without limitation all copyrights, patents, trademarks and trade secrets) in connection with and in all versions of GotoBus.  We will own all data generated by Users of GotoBus, and all of the terms and conditions, rules, policies and operating procedures of GotoBus (including but not limited to policies relating to the use of customer personal identification information, customer orders, customer service and ticket fulfillment) will apply to such Users of GotoBus; and we reserve the right to change such terms and conditions, rules, policies and operating procedures at any time.
 
16. Affiliate also must make sure that the Affiliate Site does not, in any way, copy or resemble the look and feel of GotoBus (i.e., the distinctive and particular elements of color, graphics, design, organization, presentation, layout, user interface, navigation, trade dress and stylistic convention within GotoBus, and the total appearance and impression substantially formed by the combination, coordination and interaction of such elements).

17. Neither party shall be liable by reason of any failure or delay in the performance of its obligations hereunder for any cause beyond the reasonable control of such party, including but not limited to electrical outages, failure of Internet service providers, default due to Internet disruption (including without limitation denial of service attacks), riots, insurrection, acts of terrorism, war (or similar), fires, flood, earthquakes, explosions, and other acts of God.

18. Affiliate acknowledges that Affiliate has read this Agreement and agrees to its terms and conditions