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 (the "Program").
As used in this Agreement, "we" means Original Group, "you" means the applicant, and "services" means affiliate services offered by Original Group.
1. 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 Original Group.
2. 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. Commission
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 Group.
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 individual's purchases.
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:
a. Desire Experience Resorts; Desire Riviera Maya Resort and Desire Riviera Maya Pearl Resort
|
Reservations |
Commission |
|
1 – 5 Bookings |
10% |
|
6 – 10 Bookings |
15% |
|
11+ Bookings |
20% |
|
*Bookings are per year. Start off commission is 10%. |
|
b. Desire Experience Cruises; includes all routes that pertain to Desire Cruises.
|
Reservations |
Commission |
|
1-10 Cabins |
10% |
|
11-25 Cabins |
12% |
|
26+ Cabins |
15% |
|
*Bookings are per Cruise and cannot be accumulated with others. |
|
c. Temptation Experience Resorts; Temptation Cancun Resort.
|
Reservations |
Commission |
|
1 – 5 Bookings |
10% |
|
6 – 10 Bookings |
15% |
|
11+ Bookings |
20% |
|
*Bookings are per year. Start off commission is 10%. |
|
d. Temptation Experience Cruises; Temptation Cruises.
|
Reservations |
Commission |
|
1-10 Cabins |
10% |
|
11-25 Cabins |
12% |
|
26+ Cabins |
15% |
|
*Bookings are per cruise and cannot be accumulated. |
|
4. Commission Schedule
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.
5. Promocodes: 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. Cruise Pricing: It is the sole responsibility of The Agent/affiliate to quote the correct pricing at the time of booking as Original Group Cruises pricing is dynamic. It is imperative to maintain the rate parity in the market. Original Group Cruises reserves the right to terminate this contract if the Agent or any of its agents or affiliates sells or promotes any Original Group Cruise at a lower rate than the Public Rates reflected on the official Agents link or offers any perks, services or amenities that are not already included from Temptation as a benefit for booking with them.
7. Sub-Affiliate Registration
7.1. As an Original Affiliate you can help us promote our “Original Affiliates Program” as a product advertised on your website.
7.2. Every prospect that signs up as an Original Affiliate under your “Affiliate Registration Link” will be assigned as a sub-affiliate to your account.
7.3. The Sub-Affiliate will have access to their own Original Affiliates Profile and will be subject to the terms and conditions of this agreement.
7.4. You are able to monitor your “Sub-Affiliates” production in real time through your Original Affiliates Profile.
7.5. As a “Whole Sale Affiliate”, you will be awarded a 2% commission of the sales of your “Sub-Affiliate”.
7.6. A “Sub-Affiliate” will also be able to turn into a “Whole Sale Affiliate” but you will still earn a commission from their sales.
7.7. You will NOT earn a percentage from the sales of your “Sub-Affiliates” “Sub-Affiliates” sales.
8. Incentives
8.1. 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.
8.2. For Temptation Cruises: For every 100 cabins sold per cruise, we will give you a complimentary Ocean View Stateroom on the Cruise where you reached that number of cabins sold.
9. Policies and Operating Procedures
9.1. 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.
10. Limited License
10.1. 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.
11. Original Group Cruise Products: Specific Prior Approval Requirement For All Marketing, Sales & Publicity Materials Before Their Use, Publication or Distribution
11.1. 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.
11.2. 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 distribution.
11.3. 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 ‘ approval@original-group.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.
11.4. 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.
11.5. Any material not expressly approved by Original Group within ten (10) business days shall be deemed to have been rejected.
11.6. 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.
11.7. If Original Group has not approved or responded to a request for approval within ten (10) business days, you can contact approval@original-group.com for clarification of the Groups position on the material submitted.
11.8. 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 unchanged.
11.9. 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.
11.10. 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.
11.11. The provisions of this clause 7 shall survive any termination of the Affiliate Agreement between Original Group and the Affiliate (You) to which they relate.
12. Your Responsibility
12.1. You will be solely responsible for the development, operation, and maintenance of your website and for all materials that appear on your website.
12.2. 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.
12.3. 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.
13. Term
13.1. 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.
14. Modification
14.1. 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.
14.2. 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 change.
15. Limitation Of Liability
15.1. 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.
16. Disclaimers
16.1. 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.
17. Independent Investigation
17.1. 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.
18. Miscellaneous
18.1. 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 Agreement.
