Maris Freighter Cruises Affiliate Program
Enhance your site by offering your viewers a page with
firsthand articles
quoted from our Maris Freighter Cruises magazine and earn generous referral
fees for subscriptions to the newsletter.
Operating Agreement
This Agreement contains the complete terms and conditions
that apply to an individual's or entity's participation
in the Maris Freighter Cruises Associate Program (the
"Program"). As used in this Agreement,
"we" means Maris Freighter Cruises, and
"you" means the applicant. "Site"
means a World Wide Web site and, depending on the
context, refers either to Maris Freighter Cruises site
located at the URL www.freighter-cruises.com, or to the
site that you will link to our site (and which you will
identify in your Program application).
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
(at our sole discretion) that your site is
unsuitable for the Program. Unsuitable sites
include those that:
Promote
sexually explicit materials
Promote
violence
Promote
discrimination based on race, sex,
religion, nationality, disability, sexual
orientation, or age
Promote
illegal activities
Otherwise
violate intellectual property rights
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 (at our sole discretion) to
be unsuitable for the Program, we may terminate
this Agreement.
Links on
Your Site
Once you have been notified that your site has
been accepted into the Program, you may provide
on your site one or more banner and text links to
our site. To complement the links on your site,
you may also display stories, one at a time,
about freighter cruises, which will be
specifically offered to you through the program.
To permit accurate tracking, reporting, and
referral fee accrual, you will be automatically
assigned a unique Affiliate ID Number. This
number will be embedded in the banner that you
choose, and so will be included in the HTML code
that you will need to add to your banner and text
links (sent to your email address).
Limited
License
We grant you a nonexclusive, revocable right to
use our banners and stories and such other images for which we
grant express permission, solely for the purpose
of identifying your site as a Program member
and to assist in generating product sales. You
may not modify the graphic image or text, or any
other of our images, in any way. We reserve, and you agree to
respect, all of our rights in the graphic image and text, any
other images, our trade names and trademarks, and
all other intellectual property rights. We may
revoke your license at any time by giving you a
written notice.
Referral Fees
The current referral fee for every subscription is $15.00
Order
Processing and Referral Fee Payment
We will process subscription orders placed by
customers who follow the links from your site to
our 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,
cancellations, and returns; and handle customer
service. We will track sales made to customers
using links from your site to our site and will
make available to you reports summarizing this
sales activity. The sale is considered
"pending" until the customer's check or
credit card is approved by our sales department,
at which time the commission is credited to you.
At the end of each month, all approved sales are
totalled and your commission check
will be sent to your address. To see a sample administration page
please click here.
Responsibility
for Your Site
You will be solely responsible for the
development, operation, and maintenance of your
site and for all materials that appear on your
site. For example, you will be solely responsible
for:
The
technical operation of your site and all
related equipment
Creating
and maintaining links to our site
The
accuracy and appropriateness of materials
posted on your site.
Ensuring
that materials posted on your site do not
violate or infringe upon the rights of
any third party (including, for example,
copyrights, trademarks, privacy, or other
personal or proprietary rights)
Ensuring
that materials posted on your site are
not libelous or otherwise illegal
We disclaim all
liability for these matters. Further, you will
indemnify and hold us harmless from all claims,
damages, and expenses (including, without
limitation, attorneys' fees) relating to the
development, operation, maintenance, and contents
of your site.
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 we may terminate this Agreement at any time,
with or without cause, by giving the other party
written notice of termination. In case your link is
inactive for two weeks our Agreement will terminate automatically.
Upon the termination of this Agreement for any reason, you
will immediately cease use of, and remove from
your site, all links to our site, and all
Maris Freighter Cruises banners, stories, 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 only if the related orders are not
canceled or returned. We may 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 at
our sole discretion, by posting a change notice
or a new agreement on our site. Modifications may
include, for example, changes in the scope of
available referral fees, referral fee schedules,
payment procedures, and Program rules. IF ANY
MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY
RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR
CONTINUED PARTICIPATION IN THE 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 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.
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.
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.
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 WEB SITES THAT ARE SIMILAR
TO OR COMPETE WITH YOUR WEB SITE. 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.
Miscellaneous
This Agreement will be governed by the laws of
the United States and the state of Connecticut,
without reference to rules governing choice of
laws. Any action relating to this Agreement must
be brought in the federal or state courts located
in Hartford, Connecticut, and you irrevocably
consent to the jurisdiction of such courts. 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.
I accept these terms and wish to
apply for membership
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