Apartment Reservation Network Affiliate program
Affiliate Partner Program
Operating Agreement
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Apartment Reservation Network Affiliate Partner Program (the "Program"). As used in this Agreement, "we" means Apartment Reservation Network, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to Apartment Reservation Network's site located at the URL www.apartmentres.com, or to any site that you will link to our site.
1. Enrollment in the Program
To begin the enrollment process, you will submit a complete Program application via our site. 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 (in our sole discretion) that your application is unsuitable for the Program. If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.
2. Our query form on Your Site
Once you have been notified that your site has been accepted into the Program, you may install the necessary code on your site to begin participation in the Program.
3. Order Processing
We will process orders placed by customers through your site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, and handle customer service. We will track sales made to customers who purchase using the unique code that we will provide to you. We will make available to you reports summarizing this sales activity. The form and content of the reports may vary from time to time per our discretion.
4. Referral Fees
We will pay you (in accordance with Sections 5 and 6 below) commissions on service fees to third parties. For a sale to be eligible to earn a commission, the customer must submit an order form through our website and remit full payment to us.
5. Referral Fee Schedule
You will earn referral fees based on Qualifying Revenues according to referral fee schedules to be established by us. "Qualifying Revenues" are revenues derived by us from our service fee sales. The current referral fee schedule is:
5% of Qualifying Revenues from sales by Apartment Reservation Network by completing an order form on-line through your unique URL.
6. Referral Fee Payment
We will pay you referral fees on a monthly basis. Approximately 15 days following the end of each calendar month, we will send you a check for the referral fees earned on our sales that were shipped during that month. However, if the referral fees payable to you for any calendar month are less than $25.00, we will hold those referral fees until the total amount due is at least $25.00 or (if earlier) until this Agreement is terminated.
7. Policies and Pricing
Customers who buy products through this Program will be deemed to be customers of Apartment Reservation Network and your company. Accordingly, all Apartment Reservation Network rules, policies, and operating procedures concerning customer orders and customer service will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for services sold under this Program in accordance with our own pricing policies. Prices may vary from time to time.
8. Identifying Yourself as an Affiliate
You may display this logo or the phrase "In association with Apartment Reservation Network" somewhere on your web site or within your business. You may not make any press release with respect to this Agreement or your participation in the Program without our prior written consent, which may be given or withheld in our sole discretion. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or 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 Apartment Reservation Network supports, sponsors, endorses or contributes money to any charity or other cause).
9. Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or Apartment Reservation Network may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your business all Apartment Reservation Network trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are only eligible to earn referral fees on our sales occurring during the term, and referral fees earned through the date of termination will remain payable. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
10. Relationship of Parties
You and we 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.
11. 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. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
12. 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.
13. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE BUSINESSES THAT ARE SIMILAR TO OR COMPETE WITH YOUR BUSINESS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.