Terms y Conditions
This agreement contains the terms and conditions applied to the participation of an individual or agency in VacacionarTravel Affiliation Program (the "Program"). For the purpose of this agreement, "we" refers to VacacionarTravel and "you" to the applicant. "Site" refers to a web site, and according to the context, it can be VacacionarTravel site at www.vacacionartravel.com or any other site that you may link to ours and that you will identify in your application.
1. Participation application
In order to begin the affiliation process, you should fill out an application form in our web site. We will evaluate your bona-fide application and will tell you whether you were accepted or not. Your application can be rejected if we determine that your site does not classify for the program. Sites that do not classify for the program are those that:
If your application is rejected, you can apply again any other time. You should also take into account that if we accept your application and we determine that your site classifies for the program, we can terminate this agreement at our own discretion any time.
- Promote explicit sex.
- Promote violence.
- Promote discrimination based on race, sex, nationality, physical disability, sexual orientation and age.
- Promote illegal activities.
- Violate intellectual property in any way.
2. Links in your site
After we inform you that your site has been accepted in our program, you can include one or more links of the following types to our site:
Links to products: You can choose one or more products to promote them in your site, using the tools in our affiliates' site to generate as many links as you wish. For each product you choose, you will show in your site a brief description, revision or any other reference that may contribute to selling the product. You will be responsible for the content, style and location of these references. You can add or delete products in your site any time you wish without our previous approval.
General links: You can include a general link in your site to VacacionarTravel home page at www.vacacionartravel.com
The affiliation program will provide you with instructions and graphics necessary to post links to our home page. In order to guarantee a follow-up system, and reliable reports and commissions, we will provide special links with the information necessary for you to recognize your clients in all links between your site and ours. You must guarantee that each and every link between your site and ours uses the appropriate format of these special links. You will only earn commissions from sales generated through the activity in our site, based on the use of these links. We are not responsible for any mistake you make when using the links, including those errors that lead to a reduction in the amounts that should be paid in compliance with this agreement.
3. Reservation Process
VacacionarTravel will process all reservation requests from clients following links between your site and ours. We reserve to ourselves the right to reject any requests that do not meet the requirements that we may establish any time. We will be responsible for all aspects of the reservation process, including handling requests, cancellations, devolutions and attention to clients. We will follow up all requests from clients using links between your site and ours, and will provide you with reports summarizing the sales generated by these links. The form, content and frequency of these reports may vary based on our decision.
VacacionarTravel will pay you (according to what is established in article 5) commissions on sales generated when a client follows one of the links between your site and ours, and registers in our site to make a reservation for any tourist service. After the client registers, every time he/she buys a services through our site, you will have the right to receive a commission, if this agreement is still in force.
You will only receive commissions for reservations paid and enjoyed by the client. No commissions will be paid on reservations that have been cancelled or not enjoyed by the client by any reason.
In addition, you cannot:
If we find out that you have been involved in any of the abovementioned activities, we could retain your payment by concept of commissions that you could have earned, according to what is established in this agreement and/or delete your site from the Affiliation Program.
- Initiate affiliation programs in your site that are based on purchases through the links to our site, or offer discounts or any other benefits to those using the links in your site to access our site.
- Read, intercept, store or redirect the content of any page in our site, or forms sent to us by any person or agency.
- Modify, redirect, eliminate or replace the operation of any button, link or any other interactive facility in our site.
- Make requests or subscriptions, or carry out any activity in our site on behalf of another person or agency, or authorize, assist or encourage any other person or agency to do so.
- Take any action that could lead to the client's confusion about our relationship with you or the site in which actions are taking place (search, requests, etc.).
- Use the content in our site as a whole with advertisements or promotional content (using frames or any other technique or technology) or authorize, assist or encourage a third party to do so.
5. Amount of Commissions
You will earn commissions based on sales generated by your site, excluding delivery costs, taxes, service fees, credit card processing fees, devolutions, cancellations and fraudulent payments. The amounts of commissions are as follows:
1% from the public price of travel services sold to and enjoyed by the client.
5% from the public price from sold publications.
6. Payments of Commissions
VacacionarTravel will pay your commissions every four months. Approximately 30 days after the end of the four-month period, we will send you a check or a gift certificate to buy travel services directly in our site. However, if the amount of commissions during the four-month period is less than US$ 100.00, we will retain that payment until the total amount of commissions reaches at least that value, or until the agreement is canceled.
7. Terms and Prices
All clients buying or reserving travel services or product using this program will be considered clients of VacacionarTravel. Thus, they will accept the terms and conditions established in our site. Operation procedures, as well as the terms and conditions, can be changed any time. The prices of products and their availability change according to the time of the year and other causes, so you should not show those prices, unless they are supplied through the links in the site of the Affiliation Program.
8. Identifying your site as an affiliate of VacacionarTravel
You will receive a small image that will identify your site as an affiliate of VacacionarTravel. You can show this image or the phrase "In association with VacacionarTravel" anywhere in your site. We can change this image or phrase eventually. In addition, you cannot, in any way, note or highlight, beyond that phrase, the relationship between your site and ours, or between us and any other person or agency related or not with your site.
9. Limited License
We grant you the non-exclusive use and the revocable right to use the text and images that we post on the pages of our Affiliation Program with the sole purpose of identifying your site as a member of the program, and as an assistance to generate sales of travel services. You cannot modify our images in any way. VacacionarTravel can revoke your license any time prior a notification in writing or an email.
10. Responsibilities by your site
Only you are responsible for the development, operation and maintenance of your site, as well as for its content. You are responsible for:
- Technical operation of your site and related equipment.
- Creation and update of product and service descriptions in your site and of links to our site.
- Accurate content in your site.
- Guarantee that the content in your site does not violate third party's rights, including intellectual property rights, trademarks, privacy and other personal or property rights).
- Guarantee that the content in your site is legal.
11. Termination of Agreement
This agreement is valid from the time we accept your application to associate to the Affiliation Program and will terminate when any party decides so. Any party can terminate this agreement any time for any reason or no reason at all, after presenting its decision in writing or by email to the other party. If this agreement is terminated, you will immediately delete from your site all links to our site, as well as all references to VacacionarTravel and the entire content that you have been provided with by virtue of this agreement. You will have the right to receive commissions from products sold through the links in your site during the period this agreement has been in force, whenever reservations have not been cancelled. We can retain the final payment of commissions for a reasonable period to guarantee that you receive the right amount.
VacacionarTravel can change the terms and conditions in this agreement any time and at our own discretion, informing you through a notice on the pages of the Affiliation Program. Modifications can include changes in products from which the affiliate earns commissions, period of payment of commissions, and changes in the rules of the Program. If any modification is Unacceptable for you, your only recourse is the termination of the agreement. If you remain affiliated to the Program after changes or modifications are announced, that will be considered an acceptance of the Program.
13. Relationship between parties
You and we are independent bodies and nothing in this agreement will create a society, an agency, a joint venture, a franchise, a sales representation or an employment relationship between the parties. You have no authority to make or accept offers or representations on our behalf. You will not make any statements in your site or in any other place that can reasonably contradict what is established in this article.
14. Limitation of responsibility
We will not be responsible for indirect damages, either special or specific (such as losses, profits or data), resulting as a consequence of this agreement or the Program, even if we have been warned about the possibility that these damages could take place. In addition, our responsibility regarding this agreement will not exceed the total amount of payable or paid commissions as established in this agreement.
We do not establish that the operation of our site will be uninterrupted or error-free, and we will not be responsible for the consequences of any interruption or error.