This WeLoveSnow.com Affiliate Program Agreement ("Agreement") contains the complete terms and conditions that apply to your participation as an Affiliate in the Affiliate Program of WeLoveSnow.com and the establishment of links from your Web site to www.WeLoveSnow.com. As used in this Agreement, "you" means (and "your" refers to) the applicant seeking to participate as an Affiliate in the Affiliate Program, "we" means (and "us", "our" and "ours" refer to) WeLoveSnow.com and "Product or Service" means hotel bookings and packages offered for sale by us on www.WeLoveSnow.com
1. Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination in the form of mail, email or fax. You are only eligible to earn a commission on Bookings occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related Bookings are not cancelled or returned. If this Agreement is terminated because (i) you have violated the terms of this Agreement, or (ii) your Affiliate Site becomes subject to the Content Restrictions set forth in "Enrollment in the Affiliate Program", you are not eligible to receive any commission payments, even for commissions earned prior to termination.
2. Relationship of Parties
Once you receive notification from WeLoveSnow.com that you have been accepted into the Affiliate Program, you agree to display on your site one or more of the graphic link(s) currently located at http://www.welovesnow.com/eng/japan-ski-affiliate-program.html.
You agree to cooperate with WeLoveSnow.com to establish and maintain the Link(s) between your site and the WeLoveSnow.com Site. You agree that you will display on your site (for use as a Link or otherwise) only those graphic images relating to the WeLoveSnow.com Site that are provided by WeLoveSnow.com. You agree promptly to substitute updated graphic images as you receive them from WeLoveSnow.com.
3. Disclaimers
WeLoveSnow.com makes no express or implied warranties or representations with respect to the affiliate program, the affiliate area or WeLoveSnow.com Site, including, without limitation, warranties of fitness, merchantability, non-infringement or any implied warranties arising out of course of performance, dealing or trade usage. WeLoveSnow.com makes no representation that the operation of the WeLoveSnow.com Site will be uninterrupted or error free, and WeLoveSnow.com will not be responsible for the consequences of any interruptions or errors. WeLoveSnow.com will not be liable for any direct, consequential, incidental, indirect, economic, special, exemplary or punitive damages incurred by you, such as, but not limited to, loss of revenue or anticipated profits or lost business, even if WeLoveSnow.com has been advised that such damages are possible as a result of any breach. WeLoveSnow.com' total liability arising under this agreement and the Affiliate Program shall not exceed the total commission fees paid or payable to you as an affiliate under this agreement during the preceding 12 months.
4. Policies
Customers who submit completed reservations through the Affiliate Program will be deemed to be customers of WeLoveSnow.com for all purposes with respect to such customer's actions on www.WeLoveSnow..com. Accordingly, all of our rules, policies, and operating procedures concerning travel reservation transactions and related customer service will apply to those customers. We may change our policies and operating procedures at any time and in our sole discretion.
5. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Japan. The parties hereby consent to the jurisdiction of the courts of Japan for the purpose of any action or proceeding brought by either of them in connection with this Agreement, insofar as the statutes do not stipulate otherwise.
6. Commission Structure
Each time that all of the following occurs (a "Booking"), you are entitled to earn a commission: a user arrives at www.WeLoveSnow.com web site through a tagged link on your site: the customer gets a reservation confirmation for a hotel room from the WeLoveSnow.com website; the guest stays in the hotel based on the confirmed reservation; and the reservation is not cancelled, exchanged, refunded or rebated.
After all of the above has occurred, the pending sale will be confirmed to you as a Booking. You will then be entitled to a commission for each Booking. The amount of commission to be paid for each Booking shall be as follows:
i) in the event that 1-9 Bookings are achieved in the calendar month of the original Booking transaction date: 3.5% of the face value of the Booking
ii) in the event that 10 or above Bookings were achieved in the calendar month of the original Booking transaction date: 5% of the face value of the Booking
Commissions are paid on a quarterly basis, with calculation taking place on the last business day of March, June, September and December of each year. When the total commissions due to you at the end of each quarter exceed JPY5,000 we will remit funds in JPY to bank account details as specified by you. If your commissions in any month are less than JPY5,000 we will hold those commissions and remit funds after calculation at the end of the next quarter When this Agreement ends, any commissions due at the time of termination will be paid at the end of the quarter following termination.
WeLoveSnow.com will continue to make commission payments to the bank account details confirmed by you in written form. The beneficiary bank details may be amended by you at any time in written form: WeLoveSnow.com requires notice of 1 business day in order to update our records. WeLoveSnow.com will not be liable for any penalty that occurs in the event of our receiving incorrect beneficiary account information.
For commission payments made in JPY to a domestic Japanese bank, WeLoveSnow.com will bear the cost of fund remittance. For international payments made in currencies other than JPY, the affiliate shall bear the costs incurred through currency exchange and fund remittance.
Please note that for customers who enter our site by any means other than from a tagged link, you will not earn commissions for their purchases, unless those customers previously followed a tagged link from your registered website site 100 days before entering our site again to make a Booking.
7. Affiliate Responsibilities
The Affiliate will be solely responsible for the development, operation and maintenance of the Affiliate's site and for all materials that appear on the Affiliate's site.
8. Hotel Reservations and Purchases
Customers who make reservations and/or purchase products and services from the WeLoveSnow.com Site via Links from affiliate sites will be deemed customers of WeLoveSnow.com. Once a customer follows a Link from an affiliate site onto the WeLoveSnow.com Site, WeLoveSnow.com User Agreement and Privacy Policy will govern the transactions conducted by any such customers. WeLoveSnow.com may amend the terms and conditions of these agreements in its sole discretion.
9. Modification
WeLoveSnow.com reserves the right to modify the terms and conditions of this Agreement from time to time, in its sole discretion. WeLoveSnow.com will notify you by e-mail of any modification. If you deem any modification unacceptable, your only recourse is to terminate the Agreement. If you continue to participate in the Affiliate Program after any such modification, your continued participation will constitute binding acceptance of the modification.
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