Original Group Affiliate Program PARTICIPATION AGREEMENT
This Agreement contains the complete terms and conditions that apply to an
individual's or entity's participation in Original Group Affiliate Program
As used in this Agreement, "we" means Original Group, "you" means the
applicant, and "services" means affiliate services offered by Original
Enrolling As An Affiliate
1.1. To begin the enrolment process, you will submit a complete Program
application via our website. We may reject your application if we determine
(at our sole discretion) that your website, social media account, blog or
newsletter is unsuitable for the Program. We may also reject your
application if you are partaking in any other Program or offer from
Linking To Our Website
2.1. After you have enrolled as an affiliate, you can provide one or more
links from your website to our website. We will provide you with special
link formats designed for tracking and reporting for all links between your
website and our website. You will be solely responsible for properly
utilizing the link formats.
2.2. We do not accept any responsibility for the incorrect use of the
special links / link formats and therefore we shall not be accountable for
any loss of fees as a result of your errors.
2.3. The links must be copied from our Original Affiliates Dashboard and
you must update them periodically to avoid any error in the tracking.
3.1. Subject to the terms and conditions of this Agreement, you will be
paid commission for each customer referred from your website who
successfully completes and pays for their Stay (known as "Effective Stay")
at one of the Original Group’s hotels or as provided in one of Original
Group’s cruise products, or through any other product marketed by Original
3.2. If it is later found that the customer's purchase was refunded, we
retain the right to withhold any payments to you resulting from that
3.3. If a guest extends their reservations or upgrades to a higher
category, we will make the proper adjustments to reflect the amount that
the guest paid for their stay in your affiliate account.
3.4. The Affiliate Program relies on cookies** to track customers. If for
whatever reason, the customer isn't using cookies, or the cookie expires,
or the customer deletes the cookie, they cannot be tracked, and you will
not earn commission for any sales that customer may make. Our cookies are
set to expire after one year.
**See http://www.microsoft.com/info/cookies.mspx for a description.
3.5. If at any time the commissions owed to you become less than the total
deductions due to refunds as mentioned above the difference shall be
immediately payable to Original Group.
3.6. Commission may not be paid to an affiliate if the details we hold for
that affiliate are not accurate. It is the affiliate's responsibility to
make sure that Original Group is notified of any change in their details
such as email or postal address. We also reserve the right to cancel
commission payments if we believe that there have been any fraudulent
attempts to use the service.
3.7. Commissions will be paid according to the following table and apply as
described below. For cruises, the commission percentage is paid on the
commissionable portion of the cabin (Port fees and beverage package
portions are not commissionable) see table below:
Desire Experience Resorts; Desire Riviera Maya Resort and Desire
Riviera Maya Pearl Resort
1 – 5 Bookings
6 – 10 Bookings
*Bookings are per year. Start off commission is 10%.
Desire Experience Cruises; includes all routes that pertain to Desire
*Bookings are per Cruise and cannot be accumulated with
Temptation Experience Resorts; Temptation Cancun Resort.
1 – 5 Bookings
6 – 10 Bookings
*Bookings are per year. Start off commission is 10%.
Temptation Experience Cruises; Temptation Cruises.
*Bookings are per cruise and cannot be accumulated.
4.1. For Resorts: You will receive your commission
approximately 30 days after month the guest check out.
4.2. For Cruises: You will receive your commission
approximately 30 days after the return of the cruise sailing.
4.3. For commission payments an “Invoice” or “Factura” must be submitted to
Original Affiliates after the 9th of every month according to
the commission amount stated in your bookings report.
To ensure that you get the best out of our Original Affiliates Program we
can run a special promotional campaign with a “Promocode”.
5.1. Promocodes can be made available through campaigns that we run for any
of our products.
5.2. Promocodes can be made available if you will attend a special event
and you wish to further promote our brands. A proposal must be sent by you
that we will evaluate and approve or decline.
5.3. Promocodes can be made exclusively for a specific affiliate as
mentioned in the 5.2 section.
5.3.1. The promocode can only be used by the specific affiliate.
5.3.2. If the promocode is used by an affiliate that was not granted that
promocode, the commission will be paid out to the affiliate that was
granted the promocode.
6.1. As an Original Affiliate you can help us promote our “Original
Affiliates Program” as a product advertised on your website.
6.2. Every prospect that signs up as an Original Affiliate under your
“Affiliate Registration Link” will be assigned as a sub-affiliate to your
6.3. The Sub-Affiliate will have access to their own Original Affiliates
Profile and will be subject to the terms and conditions of this agreement.
6.4. You are able to monitor your “Sub-Affiliates” production in real time
through your Original Affiliates Profile.
6.5. As a “Whole Sale Affiliate”, you will be awarded a 2% commission of
the sales of your “Sub-Affiliate”.
6.6. A “Sub-Affiliate” will also be able to turn into a “Whole Sale
Affiliate” but you will still earn a commission from their sales.
6.7. You will NOT earn a percentage from the sales of your “Sub-Affiliates”
7.1. For Desire Cruises: When you reach the number of 31 cabins sold per cruise,
we will give you a
complimentary Veranda Stateroom Cabin on the Cruise where
you reached that number of cabins sold.
7.2. For Temptation Cruises: For every 100 cabins sold per cruise, we will give
complimentary Ocean View Stateroom on the Cruise where you
reached that number of cabins sold.
Policies and Operating Procedures
8.1. Customers purchasing services from Original Group through this Program
will be deemed to be customers of Original Group. Accordingly, all Original
Group rules, policies, and operating procedures concerning the services
will apply to those customers. We may change our policies and operating
procedures at any time.
9.1. We grant you a non-exclusive, non-transferable, non-sub licensable,
revocable right to use Original Group logos and text for which we grant
express permission, solely for the purpose of identifying your website as a
Program participant. You agree that you will not engage, participate or
otherwise become involved in any activity or course of action that
diminishes and/or tarnishes the image and or reputation of Original Group.
We may revoke your license.
Original Group Cruise Products: Specific Prior Approval Requirement For
All Marketing, Sales & Publicity Materials Before Their Use,
Publication or Distribution
10.1. Any Affiliate who is to market, publicize or otherwise sell Original
Group cruise products in any way whatsoever will be additionally subject to
this prior approval clause in respect of any marketing, sales, publicity,
PR or other informational materials they are to use connection with any
Original Group cruise products.
10.2. You (The Affiliate) must obtain the prior written approval of
Original Group with respect to the form and content of all materials
(including but not limited to websites, brochures, flyers, emails and
direct mail pieces) which relate in any way to the marketing or sale of
Original Group cruise products, or which contain information concerning
Original Group cruise products prior to their use, publication or
10.3. You (The Affiliate) therefore agree to provide Original Group with a
true and accurate copy in an electronic digital file format (PDF is
preferred) to be sent by email to ‘ email@example.com’ of all materials which you
are to use, publish or otherwise distribute, as set out in this clause 7,
relating in any way to Original Group cruise products, prior to their use,
publication or distribution so that Original Group may review these
materials for approval.
10.4. Original Group shall use reasonable efforts to review the submitted
materials in order to either grant or deny its approval of them within ten
(10) business days after receipt of said materials for approval.
10.5. Any material not expressly approved by Original Group within ten (10)
business days shall be deemed to have been rejected.
10.6. Original Group may reject and prohibit the use of any materials
relating to Original Group’s cruise products that do not comply with these
Terms and Conditions, or which it deems are not suitable for any reason, at
its sole discretion.
10.7. If Original Group has not approved or responded to a request for
approval within ten (10) business days, you can contact firstname.lastname@example.org for
clarification of the
Groups position on the material submitted.
10.8. Once submitted materials are approved by Original Group, you (The
Affiliate) may use, publish or otherwise distribute the approved materials
within the scope of such approval provided that the materials remain
10.9. Press releases may only be released to third party publishers once
they have undergone the above detailed approval process and have been
approved in writing by Original Group. Furthermore, once approved, press
releases may only be released to a third party publisher on the binding
agreement of said third party publisher that the material released to them
will be published in an entirely unaltered or unedited form.
10.10. Any contravention of these prior approval clauses of these terms and
conditions will be treated as a serious breach of contract between Original
Group and the Affiliate (You). Should this occur Original Group will, at
its sole discretion, terminate the Affiliate agreement with the Affiliate
in question forthwith, retaining any unpaid monies owed to the Affiliate in
lieu of damages and proceed to seek the maximum remedy permitted in law
against the Affiliate in respect of the breach.
10.11. The provisions of this clause 7 shall survive any termination of the
Affiliate Agreement between Original Group and the Affiliate (You) to which
11.1. You will be solely responsible for the development, operation, and
maintenance of your website and for all materials that appear on your
11.2. You will indemnify, defend and hold us harmless from all claims,
damages, and expenses (including, without limitation, legal fees) relating
to the development, operation, maintenance, and contents of your website as
well as any goods or services provided or made available by you.
11.3. These obligations will survive any termination of this Agreement. You
acknowledge and agree that your Web site information (name, URL, traffic
counts, etc.) may be utilized by Original Group. Possible uses include (but
are not limited to) traffic statistics, affiliates details, lists of the
busiest sites, lists of affiliates sites, etc. The information provided by
Original Group to you may be proprietary in nature. You acknowledge that
you are not a competitor of Original Group, and agree not to share this
information with any of our competitors. Any violation of these terms and
conditions may cause us to terminate this agreement.
12.1. The term of this Agreement will begin upon our acceptance of your
application and will end when terminated by either party. Either you or
Original Group may terminate this Agreement at any time, with or without
cause, by giving the other party written or emailed notice of termination.
You are only eligible to earn referral fees on domain name registrations
occurring during the term of this Agreement only. We may withhold your
final payment to ensure that the correct amount is paid. Your site is
subject to periodic review. If we determine at any point after acceptance
into our Program that your site is not suitable for the Program, we may
unilaterally end the status of your site as an Affiliate.
13.1. We may modify any of the terms and conditions contained in this
Agreement, at any time and in our sole discretion, by posting a new
agreement on our site. Your continued participation now, or within thirty
(30) days following the posting notice of any changes in these terms and
conditions, will constitute a binding acceptance by you of such rules,
changes or modifications.
13.2. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO
TERMINATE THIS AGREEMENT. Your continued participation in the Program
following our modifications will constitute a binding acceptance of the
Limitation Of Liability
14.1. We will not be liable for indirect, special or consequential damages
(or loss of revenue, profits or data) arising in connection with this
agreement or the affiliate 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 affiliate Program will not exceed the
total Affiliate Referral Fees paid or payable to you under this agreement.
15.1. 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, 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.
16.1. You acknowledge that you have read this agreement, have had an
opportunity to consult with your own legal advisors if you so desired, and
agree to all the terms and conditions set forth herein. You agree that, in
interpreting this agreement, no weight shall be placed upon the fact that
this agreement has been drafted by us, and you shall not assert that this
agreement is unenforceable or invalid on the grounds that it is a contract
of adhesion, that it is unconscionable or any similar theory. 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.
17.1. This Agreement will be governed by Mexican law, without reference to
rules governing choice of laws. Any action relating to this Agreement must
be brought in the courts of Mexico, 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