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Overview Making It Work Common Questions Terms & Conditions |
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This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the PlanetFone Travel Agents Affiliate Program (the "Affiliate Program"). As used in this Agreement, "we" means PlanetFone, "you" means the applicant, and "services", means cell phone rental and agreement offered by PlanetFone. "Web Site" means a World Wide Web site and, depending on the context, refers either to PlanetFone's web site or to the web site that you will link to our site. 1. JOINING THE TRAVEL AGENTS PROGRAM - To join, you will submit a complete Travel Agents Program application via our web site. We may deny your application if we determine (at our sole discretion) that the web site contains content deemed inappropriate for our program. Questionable content that may be denied include, but is not limited to, web sites that: * Promote, contain or link to sexually explicit materials * Contain any libelous, defamatory or disparaging materials * Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age * Promote illegal activities * Violate intellectual property rights or violate any local, state, federal or other law or regulation * Promote violence, terrorism or hate 2. LINKING TO PlanetFone - You may not alter the product images, descriptions and pricing without prior approval. We provide access to an area that will provide your banner HTML code. You must use the links as provided in order to meet the criteria in the operating agreement. If you would like to modify the links provided, you need prior written permission from Planetfone. Multiple placement of the link is encouraged but not required. 3. COMMISSION FEES - Subject to the terms and conditions of this Agreement, you will be paid commission fees for each unique user referred from your web site through the PlanetFone link on your web site who submits an application and has successfully and legally complied with any and all of Planetfone's contractual requirements. 4. COMMISSION FEE SCHEDULE - You will earn commission fees based on the number of completed, approved and valid unique referrals from your web site. Your fees will be equal to fifty percent (50%) of the rental fee of each referral. 5. COMMISSION FEE PAYMENT - Subject to the terms and conditions of this Agreement, you will be paid the commission fees on a monthly basis for any month in which your commission fees are at least Twenty ($20.00 US) Dollars. For months in which the commission fee payable is less than the minimum amount ($20.00 U.S.) Dollars, the fees will be rolled over into the next month. Payments will be distributed by the Fifteenth (15th) of the month immediately following the month that commissions are earned. 6. POLICIES AND PRICING - Anyone referred to Planetfone who uses its products and services will be deemed to be clients of Planetfone. Accordingly, all Planetfone policies and operating procedures concerning marketing are applicable. We may change our policies and operating procedures at any time without notice. 7. LIMITED NON-EXCLUSIVE LICENSE - We grant you a non-exclusive, non-transferable, revocable right, to use the Mark and such other Planetfone logos and text for which we grant express permission, solely for the purpose of identifying your web site as an Affiliate Program participant. You may not modify the Mark, or any mark included in the PlanetFone affiliate page, the message, or any of our images or trademarks in any way. We reserve all of our rights in the Mark, the message, any other images, our trade names and trademarks, and all other intellectual property rights. Except as provided here you agree that you have no rights, title or interest in or to the Mark, the message or other images, trademark or tradenames provided to you by PlanetFone and all uses of such materials by you will inure to the benefit of PlanetFone. You agree not to apply for registration of any of the PlanetFone trademarks, servicemarks or tradenames (or any mark similar there to) anywhere around the world. 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 PlanetFone or its trademarks. We may revoke your Affiliate Agreement at any time by giving you written notice. 8. RESPONSIBILITY FOR YOUR WEB SITE - You will be solely responsible for the development, operation, and maintenance of your web site and for all content that appears on your website. For example, you will be solely responsible for: * the technical operation of your web site and all related equipment * the accuracy and appropriateness of all content posted on your web site * ensuring that content posted on your web 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 content posted on your web site are not libelous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify, defend 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 web 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 PlanetFone. Possible uses include (but are not limited to) lists of the busiest sites, lists of member sites, bonus recipients, bonus leaders, etc. You agree to allow PlanetFone to use screen shots of any of your Web pages that contain the PlanetFone HTML code in PlanetFone promotional materials. The information provided by PlanetFone to you may be proprietary in nature. You acknowledge that you are not a competitor of PlanetFone, and agree not to share this information with any of our competitors. 9. TERMS OF THE AFFILIATE AGREEMENT - The terms 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 or emailed notice of termination. If we determine at any point after acceptance into our Affiliate Program that your website or the content of the web site is not suitable for the Affiliate Program, we may terminate the status of your web site as an Affiliate without recourse. 10. MODIFICATION - We may modify any of the terms and conditions contained in this Agreement, at any time and by 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, fee schedules, payment procedures, and Program rules. We will provide an email notification to affiliates of these changes will possible, however this is not guaranteed. 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 POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR WEB SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. 11. RELATIONSHIP OF PARTIES INVOLVED - You and PlanetFone are independent contractors, and nothing in this Affiliate 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 web site or otherwise, that reasonably would contradict anything in this Section. 12. LIMITATION OF LIABILITY - PLANETFONE, ITS EMPLOYEES, AND AFFILIATES, WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS, OR DATA) ARISING IN CONNECTION WITH THIS AFFILIATE AGREEMENT FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSION FEES PAID OR PAYABLE TO YOU UNDER TO THIS AGREEMENT. 13. DISCLAIMERS - PLANETFONE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY SERVICES MADE AVAILABLE 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 WEB SITE OR THE AVAILABILITY OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. Further, you will indemnify, defend and hold us harmless from all claims, damages and expenses (including, without limitation, reasonable attorneys' fees) relating to any warranties or representations made by you with respect to the Program or any services made available through the Program or through the PlanetFone web site. These obligations will survive any termination of this Agreement. 14. 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 CLIENT 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. 15. MISCELLANEOUS - This Agreement will be governed by the laws of the United States and the State of Nevada, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal courts or state courts located in Nevada, 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. If you have any questions please contact me at 1-888-988-4777. PlanetFone [email protected] |
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©2003 PlanetFone