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' 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, trademarks 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. GotoBus shall pay commission to the affiliate for purchases made by the Affiliate's customers. The commission structure is listed as following: 5% for vacation packages with a duration of 5 days or more, 4% for tours with 4 days or less, and 3% for bus services and hotel bookings. GotoBus reserves the right to adjust the commission structure as needed without prior notice. A purchase is commissionable if an Affiliate's customer purchases a product as a direct result of arriving to the GotoBus website through a tagged link from Affiliate's website during a single browser session. This link must contain the affiliate’s unique ID in order to activate the affiliate cookie and track the purchase. Once the affiliate link is clicked, the cookie will be active to track purchases for 15 days. Commission will not be earned for purchases made over the phone with a customer support agent. 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.
5. Upon acceptance into the Program, links will be made available to you through the affiliate interface. Your acceptance in our program means you agree to and abide by the following.
(i) You will only use linking code obtained from the affiliate interface without manipulation. (ii) All domains that use your affiliate link must be listed in your affiliate profile. (iii) You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating).
(iv) Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited. If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%.This does not include using “out” redirects from the same domain where the affiliate link is placed.
6. If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:
(i) You may not bid on any of our trademarked terms (which are identified below), including any variations or misspellings thereof for search or content based campaigns on Google, Bing, Yahoo, Facebook or any other network.
(ii) You may not use our trademarked terms in sequence with any other keyword (i.e. GotoBus Coupons).(iii) You may not use our logo or trademarked terms anywhere in your ad, including: ad title, ad copy, display name or as the display url.
(iv) You may not direct link to our website from any pay per click ad or use redirects that yield the same result. Affiliates must be directed to an actual page on your website.
(v) You may not bid in any manner appearing higher than GotoBus for auction style pay-per-click advertising program.
If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your program and we strongly suggest you add our trademarked terms as negative keywords. We have a strict no tolerance policy on PPC trademark bidding. You will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning if you engage in PPC trademark bidding that uses our trademarked terms.
Trademarked Terms: GotoBus, GotoBus.com, www.GotoBus.com.
7. The use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited (e.g. www.gotobuscoupons.com; gotobus.travel-deals.com).
8. Promotion on social media platforms, such as Facebook or twitter is permitted following these general guidelines:
(i) You are to use your affiliate links on your social media sites. For example: You may post, "Get an additional 10% Off on GotoBus.com using coupon code: XXXX".
(ii) You are NOT allowed to post your affiliate links on GotoBus’ social media sites, or any company pages in an attempt to turn those links into affiliate sales.
9. GotoBus, in its sole discretion, may enter into an incentive agreement with Affiliate with respect to any additional commission to be paid pursuant to this Agreement. Affiliates who direct traffic exclusively to GotoBus.com must be approved by GotoBus prior adding any affiliate url to their website; otherwise, the account will be subject to suspension and the commission level will be set to 0.
10. Only with Affiliate’s prior written consent may Gotobus be granted 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. Affiliate is under no obligation to provide Gotobus such written consent.
11. 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.
12. Affiliates 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).
13. GotoBus shall afford Affiliate's customers the same level of service as any other GotoBus customer.
14. GotoBus shall provide Affiliate access to account information and records of product purchases by Affiliate's customers.
15. All booking requests from Affiliate's customers are subject to acceptance by GotoBus in accordance with the Product terms and conditions.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. Affiliate acknowledges that Affiliate has read this Agreement and agrees to its terms and conditions.