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The Gazooba Travel Partner Network offers a complete and comprehensive partner marketing
program for small and medium size businesses, to help develop your own travel business
through your company.
The Gazooba branded program, which allows your website to feature Gazooba as a travel
partner. This relationship gives you the opportunity to earn a commission when any
of your managers or employees book travel through the company travel site. Plus,
it is easy to integrate our products, promotions, feeds, and marketing assets into
your site.
This privately branded site with your company’s logo is one that enables partners
to customize the look and feel of their site using the Web’s most powerful
suite of online booking products. There is a very ambitious revenue share with the
Gazooba Travel affiliate program.
There are no upfront fees for our technology, and implementation is quick and easy!
By simply signing up with the Gazooba Travel affiliate program, you will get the
highest level of customer support and service available.
- High commissions and more products equal larger profits
- Get real-time, back-office reporting and critical partner support
Gazooba Branded Program
- Your management and employees will feel confident buying travel products and services
from Gazooba
- Working with Gazooba’s branded partner marketing program can provide you with
a great way to book all travel
- Gazooba has a wide range of travel deals that your employees who travel on company
business as well as individual employee’s vacations. Adding additional company
loyalty for your employees
To join the Gazooba.com Affiliate Program and become an affiliate of the Gazooba.com
web site, you will first need to read the Affiliate Agreement. If you accept the
terms of the Affiliate Agreement, you will then have the opportunity to fill out
the Affiliate Application and submit it to us. Your application will be evaluated
by us to determine whether your site would be a suitable affiliate site. Not all
applicants will become affiliates. It is within our sole discretion to deny any
application for any reason, including applications for sites that contain content
that could be classified as defamatory, harassing, harmful, obscene, racially objectionable,
or unlawful. After our evaluation of your application we will notify you of our
acceptance or rejection. If we reject your application, please feel free to re-apply
at any time.
• Affiliate Agreement
• THIS IS A LEGAL AGREEMENT BETWEEN YOU (THE "AFFILIATE") AND GAZOOBA.COM
LP (THE "COMPANY"). BY CLICKING ON THE "I ACCEPT" BUTTON AT
THE END OF THIS AGREEMENT YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE
TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE
FOR EACH AND EVERY TERM AND CONDITION. BY CLICKING ON THE "I DO NOT ACCEPT"
BUTTON AT THE END OF THIS AGREEMENT, YOU ARE INDICATING THAT YOU DO NOT AGREE TO
THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND YOU WILL NOT HAVE THE OPPORTUNITY
AT THIS TIME TO BECOME A MEMBER OF THE GAZOOBA.COM AFFILIATE PROGRAM.
• Overview
• This Affiliate Agreement (this "Agreement") contains the complete
terms and conditions that apply to you becoming a member of the Gazooba.com Affiliate
Program. The purpose of this Agreement is to allow HTML linking between your web
site and the Gazooba.com web site, subject to the terms and conditions of this Agreement.
Please note that throughout this Agreement, "we," "us," and
"our" will mean the Company, and "you," "your," and
"yours" will mean the Affiliate.
• The Things You Have To Do
• Link to Our Site
• As a member of the Gazooba.com Affiliate Program, you will have access to
the Affiliate Command Center. At this site you will be able to download HTML code
and graphics that we have made available for you to use in your web site. You may
use the HTML code and graphics provided by the Company only to link to or search
the Gazooba.com web site, PROVIDED THAT you do not use the HTML code or graphics
provided by the Company in connection with any feature in your web site which is
devoted to a comparison of the travel information or fares offered by the Company
to travel information or fares offered by any of the Company's then existing online
reservation competitors.
• The HTML code we will make available to you provides special link formats
for linking to web pages within the Gazooba.com web site ("Tagged Links").
You must ensure that each of the links between your site and our site are Tagged
Links, otherwise commission fees that might have otherwise been earned by you will
not be tracked and recorded. We will not be liable to you for any lost commissions
resulting from your failure to use Tagged Links.
• We have the right to monitor your site, as we feel necessary to make sure
that your links to our web site are appropriate. If we decide, in our sole discretion,
that your links to our web site are not appropriate, then we may either notify you
of any changes that we feel should be made, or we may terminate this Agreement upon
notice to you. If we notify you of changes we desire you to make to your site and
such changes are not made immediately, then we may terminate this Agreement upon
notice to you. You agree that upon our termination of this Agreement you will immediately
remove all links to Gazooba.com from your web site.
• You expressly agree to abide by all of the terms and conditions of use related
to each of our web sites, including the Affiliate Command Center.
• Identify Yourself as an Affiliate
• We will make available to you a small graphic image that identifies yourself
as a member of the Gazooba.com Affiliate Program. You must prominently display this
image or the phrase "In association with Gazooba.com" somewhere on your
site; if you fail to comply with this requirement, we may terminate this Agreement
upon notice to you. You agree that upon our termination of this Agreement you will
immediately remove all links to Gazooba.com from your web site. We may modify the
text or graphic image of this notice from time to time. You must not, however, place
the text or graphic image on the same page with the logos or trademarks of a Gazooba
Competitor (defined below).
• However, even though you are a member of the Gazooba.com Affiliate Program,
you may not in any manner misrepresent or embellish the relationship between you
and us, nor may you express or imply any relationship or affiliation between us
and you or any other person or entity except as expressly permitted by this Agreement
(including by expressing or implying that the Company or the Gazooba.com web site
supports, sponsors, endorses or contributes money to any charity or other cause).
• Maintain Your Site
• The maintenance and updating of your site will be your responsibility. Since
the information within Gazooba.com is updated often, if you become a member of the
Gazooba.com Affiliate Program it will be necessary for you to update the content
of your site on a regular basis to maintain consistency and accuracy between our
site and your site. We may monitor your site, as we feel necessary to make sure
that your site is up-to-date and to notify you of any changes to your site that
we feel should be made. If we notify you of changes we desire you to make to your
site and such changes are not made immediately, then we may terminate this Agreement
upon notice to you. You agree that upon our termination of this Agreement you will
immediately remove all links to Gazooba.com from your web site.
• Do Not Copy the Look of Our Site
• You agree that you will not copy, and that your site will not resemble the
look and feel of our site. You will not create the impression from the appearance
of your site, or from any content in your site, that your site is our site or a
part of our site, nor will you frame any page in the Gazooba.com web site from within
your site.
• Do Not Use Our Domain Name
• You agree that your domain name does not and will not at any time contain
the words "Gazooba" or any Gazooba preferred travel vendors or any variation
of those names, and that you will not purchase any domain name or other right or
otherwise contract with a third party to exploit those names, for the purpose of
causing your site to appear as a search result or for any other reason. Violation
of this provision by you will result in the immediate termination of this Agreement.
• Give Us Your Full Cooperation
• You agree to fully cooperate with us in order to establish and maintain any
links between the Gazooba.com web site and your site. You also agree that those
graphic images that you display pertaining to the Gazooba.com web site, for use
as a link or otherwise, will only be graphic images that we provide to you. If we
update those graphics, you agree to immediately replace our old graphics with the
new ones.
• Follow All Copyright Laws
• It is entirely your responsibility to follow all applicable copyright and
other laws that pertain to your site. You must have express permission to use any
person's copyrighted material, whether it is in writing, an image, or any other
copyrightable work. We will not be responsible if you use another person's copyrighted
material in violation of the law.
• Ineligibility
• If you are a travel supplier or employee or agent of a Gazooba Competitor
(each, an "Ineligible Party") you are not eligible to participate in the
Gazooba Affiliate Program. A Gazooba Competitor means any entity providing online
travel services, and any successor entity to the foregoing, any airline, any car
rental, any cruise operation or hotel company. If you are an Ineligible Party, or
are not sure whether you are or are not an Ineligible Party, you must contact us
before attempting to accept the terms of this Agreement. If you are an Ineligible
Party and you accept the terms of this Agreement, you agree to (i) terminate this
Agreement immediately if you become or Gazooba determines you are an Ineligible
Party at any time and (ii) keep confidential any Confidential Information, as defined
below), which you have gained access to during your participation in the Affiliate
Program. ANY BREACH OF THIS PROVISION SHALL BE DEEMED A MATERIAL BREACH OF THIS
AGREEMENT.
• The Things You Need To Know and Understand
• We Can Monitor Your Site
• You agree that we have the right to monitor your site at any time and from
time to time to determine if you are following the terms and conditions of this
Agreement and to notify you of any changes to your site that we feel should be made.
•
• We Determine the Policies for the Bookings and Purchases
• Customers who book and purchase travel from your web site through the Gazooba.com
Affiliate Program (and the Gazooba.com Customer Service Center) will be considered
customers of the Company. You agree that all of our rules, policies, and operating
procedures concerning customer orders, customer service, and ticket bookings will
apply to those customers. We may, in our sole discretion, change our policies and
operating procedures at any time and from time to time.
• You Cannot Send Out Publicity Without Our Consent
• You shall not create, publish, distribute, or permit any written, electronically
transmitted or other form of publicity material that makes reference to us without
first submitting the material to us and receiving our consent. We agree that our
consent will not be unreasonably withheld. If you fail to comply with this requirement,
we may terminate this Agreement upon notice to you. You agree that upon our termination
of this Agreement you will immediately remove all links to Gazooba.com from your
web site.
• The Starting Date of this Agreement
• This Agreement will begin upon our acceptance of your Affiliate Application.
• How this Agreement can be Ended
• Either you or we may terminate this Agreement AT ANY TIME, with or without
cause, by giving the other party written notice. Written notice can be in the form
of mail, email or fax.
• We Can Modify this Agreement
• We may modify any of the terms and conditions in this Agreement, at any time
and from time to time, in our sole discretion. You will be notified by email of
any modification and a change notice will be posted on http://www.reporting.net.
Modifications may include, but are not limited to, changes in the scope of commission
fees, payment procedures, and the Gazooba.com Affiliate Program rules. IF ANY MODIFICATION
IS UNACCEPTABLE TO YOU, YOUR ONLY OPTION IS TO END THIS AGREEMENT. YOUR CONTINUED
PARTICIPATION IN THE GAZOOBA.COM AFFILIATE PROGRAM FOLLOWING THE POSTING OF THE
CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL INDICATE YOUR ACCEPTANCE OF THE
CHANGES.
• The Things You Receive
• You Earn Commissions
• You are eligible to earn commission fees on sales of airline tickets, car
rentals, hotel reservations, vacation packages, cruises, last minute deals occurring
during the term of this Agreement. We will pay you commissions according to the
following schedule, as long as the requirements for payment, that are described
below the schedule, have been met.
• Net Revenue means the net revenue we receive as a direct result of, customers,
arriving at our website through a Tagged Link from your website, making Air, Hotel,
Car Rental, Vacation Packages, Cruises, Last Minute Deals on Gazooba, excluding
amounts we collect for sales taxes, duties, handling, and similar charges.
• In order to be entitled to a commission for published air, merchant air,
merchant hotel, vacation packages, last minute deals or cruises, all of the following
must occur for that item:
• * a customer arrives at the Gazooba.com web site through a Tagged Link on
your site;
• * the customer books and purchases one of the above items on the Gazooba.com
web site;
• * the item is processed through the Gazooba.com Customer Service Center;
and
• * the item is not exchanged, refunded, or rebated.
• In order to be entitled to a commission for Sabre hotel or car, all of the
following must occur for that item:
• * a customer arrives at the Gazooba.com web site through a Tagged Link on
your site;
• * the customer reserves a car or hotel room on the Gazooba.com web site;
and
• * the reservation is not cancelled.
• In order to be entitled to a commission for an enrollment in Gazooba Preferred,
all of the following must occur for that item:
• * a customer arrives at the Gazooba.com web site through a Tagged Link on
your site; and
• * the customer enrolls in the Basic or Elite Gazooba Preferred program (as
described on the Gazooba.com web site).
• When the total commissions due to you at the end of a month exceed $50.00,
we will send you a commission check for such amount less any taxes required to be
withheld under applicable law. If your commissions in any month are less than $50.00,
we will hold those commissions and send you a commission check at the end of the
next month when your aggregate commissions exceed $50.00. When this Agreement ends,
any commissions due at the time of termination will generally be paid at the end
of the month following termination, but we may hold your final payment for a longer
period of time to ensure that the correct amount is paid. If a customer disputes
or rejects a purchased item, and we have already paid you a commission fee based
on the sale of that item, we will deduct the amount of the disputed commission from
your next monthly commission fee payment. If there are no subsequent commission
fees due to you, we will send you a bill for the amount of the disputed commission,
and you agree that you will pay that bill no later than thirty (30) days after you
receive it.
• Please note that for customers who enter our site by any means other than
a Tagged Link, you will not earn commissions for their purchases, even if those
customers previously followed a Tagged Link from your site to our site or if those
customers entered our site through a link from your site that is not a Tagged Link.
• You Will Be Given a Password to Access Specific Affiliate Information
• If you become a member of the Affiliate Program, you will be given a password
so that you may enter our secure site Affiliate Command Center. From this site you
will be able to receive your sales statistics, reports, and other information, as
well as the graphics and HTML code that enable you to create links from your web
site to ours. The sales statistics will be updated on a weekly basis. Your commission
will be based on the reports you may access at the Affiliate Command Center. You
agree that such reports will be the final, determinative measurement of the Bookings,
Reservations, and Enrollments for which commissions will be calculated.
• Grant of Licenses
• During the term of this Agreement, we grant to you a non-exclusive, non-transferable
worldwide right and license to (i) access our site through HTML links solely in
accordance with the terms and for the purposes of this Agreement and (ii) use our
logos, trade names, trademarks, and similar identifying material (collectively,
the "Licensed Materials") that we provide to you solely in connection
with such links. You may not alter, modify or change the Licensed Materials in any
way. You are only entitled to use the Licensed Materials during such time as you
are a member in good standing of the Gazooba.com Affiliate Program. This license
will terminate immediately upon termination of this Agreement. We may revoke your
license at any time by giving you written notice. Upon termination of this Agreement,
you agree that you will immediately cease all further use in any manner of any or
the Licensed Materials on any site that you own, operate or control.
• During the term of this Agreement, you grant to us a non-exclusive, non-transferable
worldwide right and license to utilize, in our sole discretion, your names, titles,
and logos in the advertising, marketing, promoting, and publicizing in any manner
of our rights under this Agreement. Notwithstanding the foregoing, you agree that
we are under no obligation to so advertise, market, promote, or publicize. Your
license to us will terminate upon the termination of this Agreement.
• Each party agrees not to use the other's proprietary materials in any manner
that is disparaging 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.
• More Things You Need To Know and Understand
• Confidentiality
• Except with the consent of the other party, each party agrees that all information
concerning the other party, including, without limitation, the terms of this Agreement,
business and financial information, customer and vendor lists, and pricing and sales
information, will remain confidential and will not be utilized, directly or indirectly,
by such party for any purpose except and to the extent (a) necessary to complete
obligations under this Agreement or (b) that any such information is known or available
to the public through a source or sources other than such party or any affiliate
of such party.
• Disclaimer
• WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE
GAZOOBA.COM WEB SITE OR ITS PERFORMANCE, AVAILABILITY OR FUNCTIONALITY. ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
FROM THE COMPANY ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO
REPRESENTATION OR WARRANTY 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.
• Representations and Warranties
• You represent and warrant that:
• * you, if you are a company, are duly organized, validly existing and in
good standing, and are qualified and/or licensed to do business in all jurisdictions
to the extent necessary to carry out your obligations under this Agreement;
• * you, or if you are a company the person entering into this Agreement on
your behalf, are an adult of at least 18 years of age;
• * this Agreement has been duly and validly executed and delivered by you
and constitutes your legal, valid, and binding obligation, enforceable against you
in accordance with its terms;
• * you have the full right, power, and authority to enter into and be bound
by the terms and conditions of this Agreement and to perform your obligations under
this Agreement, without the approval or consent of any other party;
• * you have sufficient right, title, and interest in and to your materials
to grant the rights granted to us in this Agreement; and
• * there is no pending, or to the best of your knowledge, threatened claim,
action or proceeding against you, or any affiliate of yours, with respect to your
execution, delivery or performance of this Agreement, or with respect to the materials
you will deliver under this Agreement, and, to the best of your knowledge, there
is no basis for any such claim, action or proceeding.
•
• Limitations of Liability
• WE WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES 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 WILL THE COMPANY'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 LESSER OF TOTAL COMMISSION FEES ACTUALLY
PAID TO YOU UNDER THIS AGREEMENT OR $3,000,000.00.
• Indemnification
• You agree to indemnify, defend and hold harmless the Company and its employees,
representatives, agents and corporate affiliates (each, an "Indemnified Party"),
against any and all claims, suits, actions, or other proceedings brought against
the Indemnified Party based on or arising from any claim (i) that the use of any
material provided by you infringes on any copyright, patent, trademark, trade secret
or any other intellectual property or other right of any third party, (ii) resulting
from your breach of this Agreement, or (iii) related to your web site, including,
without limitation, content therein not attributable to us. You will pay any and
all costs, damages, and expenses, including, but not limited to, reasonable attorneys'
fees and costs awarded against or otherwise incurred by the Indemnified Party in
connection with or arising from any such claim, suit, action, or proceeding.
• Miscellaneous
• * Each party will at all times be deemed to be an independent contractor
with respect to the subject matter of this Agreement, and nothing contained in this
Agreement will be deemed or construed in any manner as creating any partnership,
joint venture, employment, agency, fiduciary or other similar relationship.
• * You may not assign your rights or obligations under this Agreement to any
party.
• * You understand that we may at any time, directly or indirectly, engage
in similar arrangements on terms that may differ from those contained in this Agreement,
or we may operate web sites that are similar to or compete with your web site.
• * You have independently evaluated this Agreement and are not relying on
any representation, guarantee, or statement from us or anyone else, other than as
expressly set forth in this Agreement.
• * THIS AGREEMENT WILL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO THE CONFLICTS OF LAWS PRINCIPLES THEREOF.
YOU CONSENT TO THE EXCLUSIVE JURISDICTION IN THE STATE AND/OR FEDERAL COURTS LOCATED
IN TARRANT COUNTY, TEXAS, IN ANY DISPUTE INVOLVING THIS AGREEMENT.
• * Except as otherwise permitted by this Agreement, no amendment to this Agreement
or waiver of any right or obligation created by this Agreement will be effective
unless it is in writing and signed by both you and us. Our waiver of any breach
or default will not constitute a waiver of any different or subsequent breach or
default.
• * This Agreement represents the entire agreement between us and you and supersedes
all prior agreements and communications we may have had, oral or written.
• * Neither party will be liable for failure to perform or delay in performing
any obligation under this Agreement if such failure or delay is due to fire, flood,
earthquake, strike, war (declared or undeclared), commercial impracticability, embargo,
blockade, legal prohibition, governmental action, riot, insurrection, damage, destruction
or any other cause beyond the reasonable control of such party.
• * If any provision of this Agreement is held to be invalid, illegal or unenforceable
for any reason, such invalidity, illegality or unenforceability will not affect
any other provisions of this Agreement, and this Agreement will be construed as
if such invalid, illegal or unenforceable provision had never been contained herein.
• * The headings and titles contained in this Agreement are included for convenience
only, and will not limit or otherwise affect the terms of this Agreement.
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