My Travel Planet PARTNER AGREEMENT
This is a legal Marketing Agreement between Mytravelplanet.com and the person, COMPANY, or organization that is applying to become a partner (PARTNER) of MyTravelPlanet.com by completing this application.
Definitions:
(i)”COMPANY” means Mytravelplanet.com
(ii) “PARTNER” means independent 1099 contractors, nonprofit organizations (including schools and religious organizations), and businesses who earn money from the revenue generated when consumers (end-users) purchase a Travel Savings Plan to access the HotelSaverGift.com booking engine, by using one of the partners assigned tracking ID’s.
COMPANY
promotes a worldwide hotel savings plan that guarantees those who purchase, up to $500 in hotel savings (discounts) BELOW the prices listed on Expedia, Priceline, and most others for a one-time fee of $25 or less. There are NO GIMMICKS. Just Savings. The market is worldwide as this promotion appeals to “tourists”, and tourists are everywhere all the time.
The cost of the Travel Savings Plan:
- A $500 plan: One-time cost of $25.00
- A $250 plan: One-time cost of $12.50
- A $100 plan: One-time cost of $5.00
PARTNER MARKETING
Partners can promote MyTravelPlanet in many ways starting with social media, email marketing, in-house signage, web ads, but the best of all, is “simply handing out a physical business card size ad” directly to your customers with your tracking id.
PARTNER TYPES & COMMISSIONS.
- Direct To Consumers: 40% commission
- Recruiter/Agency Commission:
- Bronze Partner $0 – FREE.
- Silver Partner: $2500 Monthly Fee Required: Recruiters/agencies earn 10% of consumer orders, generated by the businesses they recruit.
- $3500 Monthly Fee Required: Recruiters/agencies earn 20% of consumer orders, generated by the businesses they recruit.
- Mgt Commission: 2% on all Partners who RECRUIT Recruiters. (Residual Income.)
COMMISSION PAYOUTS
Earned commissions will be paid on the 2nd and 16th of each month. Earned commissions are paid only through PayPal, for the prior 2-weeks earnings.
TRACKING:
COMPANY uses AffiliateWP, a third party that handles all elements of sales commission tracking for clicks and orders.
It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to you. You must have express permission to use any person’s copyrighted material, whether it be in writing, an image, or any other copyrightable work. COMPANY will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third-party rights.
COMPANY Rights and Obligations
COMPANY reserves the right to terminate this Agreement and your participation in the COMPANY’S PARTNERS Program immediately and without notice if the PARTNER commits fraud in your use of the COMPANY’S PARTNER Program, or if a PARTNER is found to abuse this program in any way. If such fraud or abuse is detected, the COMPANY shall not be liable to the PARTNER for any commissions for such fraudulent sales.
This Agreement will begin upon our acceptance of your PARTNER application and will continue update unless terminated hereunder.
Termination
Either the PARTNER or the COMPANY may end 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. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
Modification
COMPANY may modify any of the terms and conditions in this Agreement at any time at COMPANY’s sole discretion. In such an event, PARTNERS will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and COMPANY’s PARTNER Program rules. If any modification is unacceptable, the PARTNER’S only option is to end this Agreement. Continued participation in COMPANY’s PARTNER Program following the posting of the change notice or new Agreement on COMPANY site will indicate the PARTNERS’ agreement to the changes.
Power to Enter Agreement:
PARTNERS MUST BE AT LEAST 16 years of age or older and have all requisite power and authority to enter into this Agreement, perform its obligations hereunder and consummate the transactions contemplated hereby. PARTNER has taken all necessary action with respect to the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. This Agreement constitutes a valid and binding obligation of PARTNER, enforceable against it according to its terms.
Independent Contractor
PARTNER is an I099 Independent Contractor and CANNOT imply that PARTNER has an employment relationship, ownership, partnership, or represents COMPANY in any business contracting negotiations outside of the related products and services. Neither party shall have any authority to make commitments or enter contracts on behalf of, bind or otherwise obligate the other party in any manner whatsoever. No joint venture, franchise, or partnership is intended to be formed by this Agreement. All marketing materials that use the COMPANY logo must be pre-approved in writing with PARTNER “title” listed as “Independent Contractor” with PARTNER personal or business-related name, email, phone number and address.
Contractual Obligation
As part of COMPANY administrative duties, rights and obligations to its customers, COMPANY shall always have the right to contact its PARTNERS and/or any of the PARTNERS “SUB-PARTNERS” for the purposes of training, marketing and support, including offering invitations to COMPANY training events which may be held from time to time. COMPANY will notify PARTNER of any events or training that COMPANY is hosting or participating.
Non-Disclosure & Non-Circumvent
Each party hereto understands that they will have access to information deemed proprietary and confidential, including but not limited to, COMPANY staff, customers, representative and vendor or supplier relationships along with commission structures and business model. PARTNER agrees to protect said information from disclosing or reproducing any part of COMPANY product or service offering from personal use or to any direct or indirect third parties not associated with COMPANY during the term of this agreement and (24) months after the termination of that agreement. PARTNER will not directly or indirectly contact any COMPANY vendor or supplier with any direct relationship that would establish PARTNER conducting marketing COMPANY related product or service for (5) years without written permission. PARTNER will be held liable for damages and loss of revenues if non-disclosure or non-circumvent terms are violated.
Grant of Licenses
COMPANY grant PARTNERS a non-exclusive, non-transferable, revocable right to (i) access the COMPANY site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials” with our name and/or our logo.
PARTNERS are only entitled to use the Licensed Materials to the extent that you are an PARTNER in good standing of COMPANY’s PARTNER Program. PARTNERS agree that all uses of the Licensed Materials will be on behalf of COMPANY and the good will associated therewith will inure to the sole benefit of both companies.
COMPANY grant PARTNERS a non-exclusive, non-transferable, revocable right to (i) access the COMPANY site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials” with our name and/or our logo.
PARTNERS are only entitled to use the Licensed Materials to the extent that you are an PARTNER in good standing of COMPANY’s PARTNER Program. PARTNERS agree that all uses of the Licensed Materials will be on behalf of COMPANY and the good will associated therewith will inure to the sole benefit of both companies.
Disclaimer
COMPANY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING COMPANY SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF COMPANY ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. 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.
Limitations of Liability
WE WILL NOT BE LIABLE TO PARTNER 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 SHALL 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 TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
Indemnification
PARTNER hereby agrees to indemnify and hold harmless COMPANY, and its subsidiaries and their directors, officers, employees, agents, shareholders, PARTNERS, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the PARTNER trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
Confidentiality
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
Miscellaneous
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Nevada without regard to the conflicts of laws and principles thereof. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
TAX REPORTING:
Before any commissions are sent, please print, complete, sign and return the W9 to COMPANY: https://www.irs.gov/pub/irs-pdf/fw9.pdf and forward to support@Mytravelplanet.com