This agreement describes the terms and conditions for participation in the eTravelSmart Affiliate Program. The purpose of this Agreement is to allow HTML linking between eTravelSmart web site and the Affiliate web site. "Affiliate web site" means your website where you will link to the eTravelSmart Site (and which you will identify in your Program application). This is a Legal Agreement between eTravelSmart and Affiliate website. By Submitting the online application, 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.
To begin the enrollment process, you will complete and submit online application via the eTravelSmart Site. We will immediately accept you enrollment in good faith. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
For a bus booking to be eligible to earn a referral fee, the customer must click-through the search buses widget on your site to the eTravelSmart Site and during a single session, books the tickets. The session begins when the customer clicks through the search buses widget on your site to the eTravelSmart Site and ends upon the first to occur of the following events
To permit accurate tracking, reporting and fee accrual, you must ensure that the search buses widget code is not modified in any way. We will not be liable for paying referral fees on purchases that are not correctly tracked and reported due to modification of search buses widget code. We will not pay referral feeds on bus booking that are made without the use search buses widget. The referring traffic has to originate from the search buses widget provided by us. During each calendar month, for buses booked during sessions initiated through search buses widget on your site, you will earn (subject to the other terms of this Agreement) referral fees in accordance with the "Fee Structure" described below. Fee Structure: Subject to the other terms of this Agreement, you will earn a percentage of Qualifying Revenues (revenues derived by us from customers as a result of bus seats booked during sessions initiated through search buses widgets on your site). In case the passenger is not able to complete the journey due to cancellation or partial cancellation of tickets either by the customer or bus operator, the referral fees earned for that transaction will forfeit. Customers who book bus tickets through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning bus booking and customer service will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for bus tickets under this Program in accordance with our own pricing policies. Bus tickets availability may vary from time to time.
We will pay you referral fees on a monthly basis for completed bus journeys in the applicable month. Approximately 30 days following the end of each calendar month, we will send the payment over Cheque or NETF or IMPS,etc provided that you have accrued more than Rs. 500 in referral revenue.
You will create a password so that you may enter eTravelSmart's secure affiliate account interface. Here you can create new widgets with different dimensions, you can check daily referred click count and bus booking count, commissions for all clicks and books, detailed report of clicks and bookings.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whetherthose laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email and all other anti-spam laws.
The term 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 notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the eTravelSmart Site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are eligible to earn referral fees only on bus bookings that occur during the term, and referral fees earned through the date of termination will remain payable only if the bus bookings are not canceled due to any reason. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Effect of Termination: Upon termination of this Agreement by either side you will cease to be an affiliate and shall remove all links to the eTravelSmart site as detailed in clause 12 herein above and non-removal of links and use of all or any of our trademark, trade dress, logos and price are treated as illegal crawling and infringement of our Trademark.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the eTravelSmart Site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. 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 THE ETRAVELSMART SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
You and we are independent contractors, and nothing in this 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 site or otherwise, that reasonably would contradict anything in this clause.
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the 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 Program will not exceed the total 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 bus booked through the Program. In addition, we make no representation that the operation of the eTravelSmart 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 AND AGREE TO ALL ITS TERMS AND CONDITIONS. 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.
Any dispute relating in any way to the Program or this Agreement in which the aggregate total claim for relief sought on behalf of one or more parties exceeds INR1,00,000 will be adjudicated in any state or federal court in Hyderabad, Telangana, and you hereby consent to exclusive jurisdiction and venue in those courts. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.
This Agreement will be governed by the laws of the Indian Republic and the state of Telangana, without reference to rules governing choice of laws. 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 be 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.