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Go Card USA & Smart Destinations Affiliate Program Agreement
Review
our affiliate agreement & join now!
This Agreement contains the terms and conditions that apply to an
individual or entity’s participation in the Smart Destinations
Online Affiliate Program. As used in this Agreement, "we" means
Smart Destinations, Inc. and "you" means the participant.
We reserve the right to accept or reject any company requesting to
be part of our online affiliate program.
Use of Materials
We grant you permission to use the graphic images and text solely for
the purpose of identifying your site as a Program participant and to
assist in generating sales. We reserve all rights to any/all graphic
images, content and our trade name and trademark.
Commissions
We will pay commissions on orders that are generated from a click on
your website. Commissions will only be paid after an order is fully
processed. You will earn a $6.00 (six U.S. dollars) commission on all
referrals that lead to sales. We reserve the right to change this commission
rate at any time. If this occurs, written advance notice will be provided.
Any customer returned products will be deducted from the next check.
We will pay your commission on a monthly basis. Within approximately
45 days following the end of each month, we will send you a check for
the commission earned on the products purchased during the preceding
month. If the commission payable to you for any month is less than
$25.00 (twenty five U.S dollars), we will hold those commissions until
such time as your commission earned equals at least $25.00 (twenty
five U.S dollars). We also retain the right to review all commissions
for possible fraud.
Tracking and Reporting
Affiliate members who sign up through any of the Go Card websites will
be provided with tracking. All online tracking and reporting utilizes
the Kolimbo and My Affiliate Program technology. We do not control
the data and information that is contained within each area. Any disputes
should be directed to this technology provider.
Promotion of Products
You may promote our products through a number of means: Search Engine
Marketing (Pay Per Click Advertising), Email Marketing, etc. However,
we prohibit any member from bidding on “Go Card” and/or “Explorer
Pass” product trademarked or branded keywords. Additionally,
you are prohibited from using any of the “Go Card” and/or “Explorer
Pass”URL domains in any Pay Per Click ad related to any keyword
in any of the following search engines (but not limited to): Google,
AOL, Ask Jeeves, Yahoo, MSN, MIVA, Dogpile, Search123, Enhance, etc.
Also, you MAY NOT link directly to any of our product websites. These
include but are not limited to:
www.ExplorerPass.com
www.GoBostonCard.com
www.GoCardUSA.com
www.GoChicagoCard.com
www.GoLosAngelesCard.com
www.GoMauiCard.com
www.GoMiamiCard.com
www.GoOahuCard.com
www.GoOrlandoCard.com
www.GoSanDiegoCard.com
www.GoSanFranciscoCard.com
www.GoSeattleCard.com
www.PowderPassport.com
In addition, we do not allow any unsolicited or “spam” emails to
be sent promoting our products. Using any of the above tactics will result in
immediate participant termination.
Spyware and Other Parasites
Any affiliate suspected of a relationship, formal or informal, with any provider
of spyware or parasitic software (as judged by any interference with the operation
by design of Smart Destinations, Inc. (and/or its partner sites) is subject to
punitive actions by Smart Destinations, Inc., without notice, including but not
limited to: suspension of affiliate account; termination of affiliate account;
withholding of payments to affiliate; and public notification of affiliate's
suspected malfeasance. We encourage affiliates to report suspicions of such
relationships; and, should substantial proof, as judged by Smart Destinations,
Inc., be provided, we reserve the right to assign a value equal to unpaid monies
earned by the offending affiliate (or a part thereof) to the reporting affiliate
as a bounty.
Linking
We will provide you with the procedures and links to use in linking to our Site.
To ensure accurate tracking, reporting and commission accrual, we will provide
you with special tagged link formats to be used in all links between your site
and our site. You must make sure these links are properly utilized. We will not
be held liable for any failure by you to use our links.
Order Processing, Policies and Pricing
We will be responsible for all aspects of order processing and fulfillment. We
reserve the right to reject any order that does not comply with our requirements.
Customers who purchase products through this Program will be deemed to be customers
of Smart Destinations, Inc. All rules, policies, customer service and product
sales will apply to those customers. We may change our policies and procedures
at anytime and prices and availability may vary.
Terms of the Agreement
We may modify any of the terms and conditions of this Agreement, at any time
by providing you a written change notice or new agreement. If any modification
is unacceptable to you, your only recourse is to terminate this Agreement. Your
continued participation in the Program following our provision of a change or
new Agreement will constitute acceptance of the change.
Either party may terminate this Agreement at any time, with or without cause,
by giving the other party written notice of termination. If this Agreement is
terminated, you will immediately cease use of, and remove from your site, all
links to our site, and all Smart Destinations, Inc. trademarks, logos, and all
other materials provided by or on behalf of us to you in connection with the
Program. All commissions earned through the date of termination will remain payable
only if the related orders are not cancelled or returned. We may hold your final
payment for a reasonable time to ensure the correct amount is paid.
Privacy Policy
We only collect personal information that is provided to us by a visitor in order
to fulfill each product order. This includes any information that can be used
to identify you individually, such as name, address, phone number, e-mail address,
or credit/debit card number. We also collect aggregate data about visitors to
our site via cookies, but this data cannot be used to identify any visitor individually.
We will never sell or rent any personal information to any third party for marketing,
commercial, or any other purpose that is not essential to complete each transaction.
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
or the Program, even if we have been advised of the possibility of such damages.
Furthermore, 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.
Disclaimers
We make no express or implied warranties or representations with respect to the
Program or any products sold through the Program (including, without limitation,
warranties of fitness, merchantability, noninfringement, or any implied warranties
arising out of a course of performance, dealing, or trade usage). In addition,
we make no representation that the operation of our site will be uninterrupted
or error-free, and we will not be liable for the consequences of any interruptions
or errors. Neither party shall be liable to fulfill its obligations hereunder,
or for delays in performance, due to causes beyond its reasonable control, including,
but not limited to, acts of God, acts or omissions of civil or military authority,
fires, strikes, floods, epidemics, riots or acts of war.
Miscellaneous
This Agreement will be governed by the laws of the United States and the Commonwealth
of Massachusetts. Any action relating to this Agreement must be brought in the
federal or state courts located in the Commonwealth of Massachusetts, and you
consent irrevocably 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 be 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.
©2008 Go Card USA™ is owned and operated
by Smart Destinations, Inc.
800-887-9103,
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