PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND JEK TRAVELS, LLC
BY SIGNING THIS AGREEMENT, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION HEREIN.
1. Overview
This agreement contains complete terms and conditions that apply to you becoming an affiliate in JEK Travels Affiliate Program (“Program”). The purpose of this Agreement is to provide the terms of the Program. Please note that throughout this Agreement, “JEK Travels, LLC, “we,” “us,” and “our” refer to JEK Travels, LLC and its owners, operators, managers, agents, employees, and any third parties designated to act on its behalf, and “you,” “your,” and “yours” refer to the affiliate.
Unless otherwise noted, your recurring affiliate revenues will only be paid as long as you are continuing to refer our group trips out for bookings.
2. Affiliate Obligations
2.1 To begin the enrollment process, you will register via the link that can be found on this JEK Affiliate Information Page. We may auto-approve registration, however this does not imply that we may no re-evaluate your registration at a later time. We may reject your registration at our sole discretion. We may cancel your registration if we determine that your site or social media platforms are unsuitable for our Programs, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law in any way
2.1.6. Includes JEK Travels or JEK, or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion
2.1.8. Contains software downloads that potentially enable diversions of commission from affiliates in our program
2.1.9. You many not create or design your website or any website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are JEK Travels, LLC or any other affiliated business.
2.2. As a member of JEK Travels Affiliate Program, you will have access to your affiliate dashboard by logging in (the link can be found on the JEK Affiliate Information Page). Here you will be able to review our Programs’s details and previously published affiliate newsletter, browse and get tracking codes or other affiliate links we provide you.
2.3. JEK Travels, LLC reserves the right at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertains to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrighted work. We will not be responsible (an you will be 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.
3. JEK Travels Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make that your links to our website are appropriate and to notify further you of any changes that we feel should be made. If You do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Program.
3.2. JEK Travels, LLC reserves the right to terminate this Agreement and your participation in the Program immediately and without notice to you should you commit fraud in your use of the Program or should you abuse this Program in any way. If such fraud or abuse is detected, JEK Travels, LLC shall not be liable to you for any commissions for such fraudulent sales.
3.3 This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminate hereunder.
4. Termination
Either you or we may end this Agreement AT ANY TIME, with our 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.
Upon termination of this Agreement your Affiliate status and your right to receive any commissions on previous referrals and / or any commissions rates you joined in under originally will also terminate. Should your status be reinstates you may be eligible only for commissions at the current rate at the time of reinstatement and / /or for referrals from the point of reinstatement going forward.
5. Modification
We may modify any of the terms and condition in this Agreement at any time at our sole discretion. In such event, you will be notified by email or by a posting in the affiliate portal. Modification may include, but are not limited too, changes in the payment procedures and JEK Travels Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in JEK Travels Affiliate Program following this posting of the change note or new Agreement on our site will indicate your agreement to the changes.
6. Payments
JEK Travels, LLC uses a third party to handle all of the tracking and payment. The third party is the Wordpress Program. You will be forwarded an electronic payment or check after Thirty (30) days.
7. Access to Affiliate Account Interface
You will create a password so that you may enter JEK Travels, LLC secure Affiliate Account Interface. From their site you will be able to receive your reports that will be describe our calculation of the commissions due to you.
8. Promotion Restrictions
8.1. You are free to promote your own websites, but naturally any promotion that mentions JEK Travels could be perceived by your visitors and others as a joint effort. You should know that certain forms or advertising are always prohibited by JEK Travels. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include these of unsolicited commercial email (UCE). In addition, you may not advertise in any way that effectively conceals or misrepresents your identify your domain name, or your return email address. You may use mailings to customers to promote JEK Travels so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. Also, you may post to forums or other websites to promote JEK Travels as long as the forum or site specifically welcomes commercial messages. At all times, you must clearly represent yourself and your websites as independent from JEK Travels. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the JEK Travels Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click Campaigns or keywords such as JEK Travels, JEK, and or any misspellings or similiar alterations of these - be it separately or in combination with other keywords - and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from JEK Travels, LLC Affiliate Program. We reserve the right to expel any trademark violator from our Affiliate Program without prior notice, and on the first occurrence of PPC bidding behavior.
8.3. Affiliate shall not transmit any so-called “interstitials,” “Parasticic Marketing”, “Shopping Assistance Applications,” or deceptive pop-ups to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited JEK Travels, LLC site.
9. Grant of Licenses
9.1. We grant you a non-exclusive, non-transferable, revocable right to (I) access our 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”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing with JEK Travels Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of JEK Travels and the good will associated therewith will inure to the sole benefit of JEK Travels.
9.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all the license grants in this Agreement, each party retains all right., title, and interest to its respective rights and no right, title, or interest, is transferred to the other.
10. Disclaimer
JEK Travels, LLC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING JEK TRAVELS SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF 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 OF ERRORS.
11. Representations and Warranties
You represent and warrant that:
11.1. This, Agreement has been duly and validity excited and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
12. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU 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 LIMITATIONS, LOSS OR REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL JEK Travels, LLC 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 COMMISSIONS FEES PAID TO YOU UNDER THIS AGREEMENT
13. Indemnification
Your are hereby agree to indemnify and hold harmless JEK Travels, LLC and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgements, 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 our of or are based on(I) any claim that our use of the affiliate 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 limitations, content therein not attributable to us.
14. Confidentiality
From time to time during the Term of this Agreement, we (as the “Disclosing Party”) may disclose or make available to you (as the “Receiving Party”), non-public, proprietary, and confidential information of Disclosing Party which is either reasonable considered confidential by industry standards, or is disclosed in writing or other tangible form and is clearly labeled as “confidential,” or is disclosed orally and identified as confidential when disclosed and within fifteen (15) days thereafter is summarized in writing and confirmed as confidential, or if disclosed orally or in writing and would reasonably be considered confidential in the normal course of business, regardless of if such information bears “confidential” markings (“Confidential Information”) (“Confidential Information”); provided, however, that Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of Receiving Party’s breach of this Section: (b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information.
15. Miscellaneous
15.1. You agree that you are an independent contractor, and nothing is this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and JEK Travels. 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 any other site, that reasonably would contradict anything in this Section.
15.2. You may not assign any of your rights or obligations under this Agreement to any party without the prior written approval of JEK Travels, LLC.
16. Arbitration and Choice of Law
16.1 This agreement shall be governed by and interpreted in accordance with the laws of the State of West Virginia without regard to the conflicts of laws and principles thereof.
16.2 Unless remedies have been explicitly provided for otherwise in this agreement and the aggrieved party seeks to enforce its rights in accordance with those remedies, the exclusive means of resolving through adversarial dispute resolution any disputes arising out of this agreement shall be as follows through arbitration.
17. Waiver Of Jury Trial
EACH PARTY ACKNOWLEDGES THAT NAY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT, INCLUDING EXHIBITS, SCHEDULES, ATTACHMENTS, AND APPENDICES ATTACHED TO AGREEMENT, IS LIKELY TO. INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, ATTACHMENTS OR APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY.
18. Waiver of Rights
No waiver by JEK Travels, LLC of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by us. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
19. Amendments
19.1 No amendments to or modifications of, rescission, termination, or discharge of this Agreement by you is effective unless it is in writing, identified as an amendment to, rescission, termination, or discharge of this Agreement, and signed by an authorized representative of each party.
19.2 We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email or by a posting in the affiliate portal. Modifications may include, but are not limited to, change in the payment procedures and JEK Travels Affiliate Program rules. If any modification is unacceptable toy, your only option is to end this Agreement. Your continued participation in the JEK Travels Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
20. No Third-Party Beneficiaries
This Agreement benefits solely to you, the affiliate, JEK Travels, LLC, those named specifically in this Agreement and their respective permitted successors and assigns. Nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
21. Entire Agreement
This Agreement including and together with any referenced exhibits, schedules, attachments and appendices, constitutes the sole indenture agreement between us with respect to the Program and supersedes all prior and contemporaneous understanding, agreements, representations and warranties, both written and oral, regarding the Program. You acknowledge and agree that if there is any conflict between the terms and conditions of this Agreement and terms and conditions of any other Program document, term, or condition, the terms and conditions of this Agreement shall supersede and control.
22. Severability
If any term or provision of this Agreement is found by an appointed arbitrator or court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render enforceable such term or provision in any other jurisdiction; provided, however, that if any fundamental term or provision of this Agreement, as determined by JEK Travels, LLC is invalid, illegal or unenforceable, the remainder of this Agreement shall be unenforceable. Upon a determination that any non-fundamental term or provision is invalid, illegal or unenforceable, the court or appointed arbitrator may modify this Agreement to effect the original intent of the Parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.