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.
Enrolling as an affiliate
To begin the enrollment process, you will submit a complete Program application via our site. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Program. We may also reject your application if you are partaking in any other Program or offer from Original Group.
Linking to our site
After you have enrolled as an affiliate, you can provide one or more links from your site to our site. We will provide you with special link formats designed for tracking and reporting for all links between your site and our site. You will be solely responsible for properly utilizing the link formats.
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.
Subject to the terms and conditions of this Agreement, you will be paid commission for each customer referred from your site who successfully completes and pays for their Stay (known as "Effective Stay") at one of the Original Resort Hotels.
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.
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.
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.
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 has been any fraudulent attempts to use the service.
You will earn an affiliate referral fee (percentage to be agreed prior) which is payable to you at the end of each month and calculated on Effective Stays of prior month.
Policies and operating procedures
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.
We grant you a non-exclusive, non-transferable, non-sub licensable, revocable right to use our logos and text for which we grant express permission, solely for the purpose of identifying your site 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.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.
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 site as well as any goods or services provided or made available by you.
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.
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.
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. 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.
Limitation of Liability
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.
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.
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.
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.