Travel Associate Program Terms

Exotic Travel Mart
Travel Associate Program Agreement

This Agreement contains the complete terms and conditions that apply to your participation as a member of the Exotic Travel Mart Associate Program operated by Right Connections Travel. (hereinafter, "ETM", "we" or "us"). As used in this Agreement, "you" or "your" means the applicant/participating member.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND RIGHT CONNECTIONS TRAVEL dba EXOTIC TRAVEL MART

BY ELECTRONIC AGREEMENT AND SIGNING-UP FOR THE EXOTIC TRAVEL ASSOCIATE PROGRAM YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS ASSOCIATE PROGRAM AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS HEREOF. YOU CANNOT BECOME A MEMBER OF THE ASSOCIATE PROGRAM UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF.

Enrollment in this Program. To begin the enrollment process, you will submit a completed Program Application through our web site http://ExoticTravelMart.com. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine that your site is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement (collectively, "Content Restrictions").
Utilizing Links on Your Site, or by directly using the URL supplied by our branded website creator, as the owner/operator of an Associate web site of EXOTIC TRAVEL MART ("Associate Site"), you may use any form of NON-SPAM promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the "Links"), however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited e-mail program will result in your immediate termination from the Program and forfeiting of commission otherwise due you hereunder. If your form of advertisement is by OPT-IN E-MAIL LISTS, call us and we will explain ways for you to market to your list and protect your standing.

Allowable promotional links may contain EXOTIC TRAVEL MART's trade names, service marks, and/or logos for display on your Associate Site.
Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Associate Site for the sole and exclusive purpose of promoting web sites owned, operated or controlled by EXOTIC TRAVEL MART.

In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified with our consent.
Commissions. The Program comes in two forms of commission payout:
1. Commission payouts are based on COMPLETED TRIP sales from your Associate-Branded website.
2. Commissions are based on the resort, and generally between 7% and 10% of the gross amount of the reservation less any discounts.
(Example – A $3000 reservation with $500 in discounts will net a $2500 reservation to the customer. If this is a 10% resort, your commission will be the same as any travel agent makes, $250 just for sending the customer.)

EXOTIC TRAVEL MART will make every attempt to make sure customers returning by phone and identifying themselves by ID or name are credited to your account. No sale will be paid a commission until the trip has been 100% paid for and the trip has been completed by the end customer.

EXOTIC TRAVEL MART will provide the ASSOCIATE with a web-based Administration Console, therefore allowing the ASSOCIATE to view any and all Pending – Confirmed – Canceled and Completed sales in real-time. The ASSOCIATE can view this information at anytime of the day by logging onto the EXOTIC TRAVEL MART Website with the proper entry codes.
Commission Payment. Commissions due and owing to you under the Program will be paid to you directly by Right Connections Travel or a designated representative every month without fail. We understand the value of Associate Partners, and you will be paid.

No commission payment will ever be made until the travel has been completed and 100% paid for by the end customer.

Initial commission payments will not be paid until the commissions owed reach one thousand dollars ($1,000) Commission payments past the initial payment will not be subject to the $1000 limit, and can be set by the Associate during the sign-up process.
Commission Payments. Commission Payments will be made in the form of a check drafted from a United States bank, and paid monthly based on completed trips / packages associated with your Associate ID number and tracked by your web-based Administration section.

ALL ASSOCIATES must have a TaxPayer Form on-file to receive any commission payment. We do file Federal form 1099 for all Associates on our system, and we no not "pay under the table".

Any ASSOCIATE terminated from this program or loosing their Associate Status for not maintaining the required annual sales minimum of six completed trips/ packages will therefore forfeit all remaining commissions pending – confirmed – or completed.
Non-Exclusive Limited License and Use of Associate Logos and Trademarks. You grant us a non-exclusive license to utilize your names, titles and logos, trademarks (collectively the "Associate Trademarks"), to advertise, market, promote and publicize in any manner our rights hereunder. Notwithstanding anything herein to the contrary, we shall not be required to so advertise, market, promote or publicize. You hereby represent and warrant that you are the sole and exclusive owner of the Associate Trademarks and have the right and power to grant to us the license to use same in the manner contemplated herein, and such grant does not or will not (a) breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding upon you, or (b) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity. This license shall terminate upon the effective date of the expiration or termination of this Agreement.
Responsibility for Branded WebSite. EXOTIC TRAVEL MART will be completely in control over the content of the "Branded Website" displaying our products and services. You are not responsible for the content, validity of the content, or displayed pricing information. Your responsibility is for driving traffic to the website only. EXOTIC TRAVEL MART will be responsible for all follow-up to the end customer, billing the customer and collecting any remaining payments that may be due.
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ASSOCIATES will have the capability to select specific tour and group selections from the Associate Administration Console. You will be provided the codes for accessing this Administrative area.

YOU WILL BE TERMINIATED AND LOOSE YOUR ASSOCIATE STATUS FOR ANY OF THE FOLLOWING REASONS:
1. Any form of spamming including, but not limited to unsolicited e-mail, IRC postings, newsgroups, and/or instant messaging clients.
2. Advertising any room night price not supported by the EXOTIC TRAVEL website.
3. Provision of inaccurate or incomplete information to EXOTIC TRAVEL MART concerning your identity, bank account, address or other required information.
4. Attempts to cheat, defraud or mislead us or the public in any way.
5. Misrepresenting to the public the terms and conditions of our sites or your sites.
6. Owning or operating a web site in connection with a person who is under 18 years of age.
ANY ASSOCIATE ACCOUNT TERMINATED WILL LOOSE ALL PENDING COMMISSIONS.
Term of the Agreements. The term of this Agreement will begin upon our acceptance of your Associate Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address in our records, is considered sufficient notice for us to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commission payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
Modification. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Associate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Associate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
Relationship of Parties. You and EXOTIC TRAVEL MART are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 otherwise, that reasonably would contradict anything in this Section. EXOTIC TRAVEL MART expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
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 Associate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Associate 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 Associate Program or any EXOTIC TRAVEL MART services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, 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.
Representations and Warranties. You hereby represent and warrant to us that 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; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency, internet service provider or other person or entity provide EXOTIC TRAVEL MART with notice that you have engaged in transmission of unsolicited e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.
Confidentiality. We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to:
1. any modifications to the terms and provisions of this Associate Program Agreement made specifically for your site and not generally available to other members of the Associate Program
2. web site, business, and financial information relating to EXOTIC TRAVEL MART, and
3. customer and vendor lists relating to EXOTIC TRAVEL MART and any members of the Associate Program other than you.
Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, express or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your use or such third person's use of the information.
Indemnification. You hereby agree to indemnify, defend and hold harmless EXOTIC TRAVEL MART, its shareholders, officers, directors, employees, agents, Associates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "losses"), insofar as such losses (or actions in respect thereof) arise out of or are based on:
1. any claim or threatened claim that our use of your trademark(s) infringes on the rights of any third party;
2. the breach of any promise, covenant, representation or warranty made by you herein; or
3. or any claim related to your site.
Miscellaneous. Terminated accounts cannot later apply to the Program without our express written consent. This Agreement will be governed by the laws of the United States and the State of NEVADA, without reference to rules governing choice of laws. 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 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. The sole and exclusive venue for any action arising under this Agreement will be the state and federal courts for Clark County, Nevada, and you hereby submit to the jurisdiction and venue of such courts.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND EXOTIC TRAVEL MART / RIGHT CONNECTIONS TRAVEL, A NEVADA CORPORATION. BY SIGNING-UP FOR THIS ASSOCIATE PROGRAM AGREEMENT YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS ASSOCIATE PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS THEREOF.