Affiliate Program Agreement and Terms of Service

By completing the Clipper Vacations Affiliate Program application, you are agreeing to enter into a legal agreement with Clipper Vacations, which contains all of the terms and conditions below and governs your participation in Clipper Vacations Affiliate Program.

By completing the Clipper Vacations Affiliate Program application, you acknowledge that you have read this agreement and consent to all of its terms and conditions.

To apply to the Clipper Vacations Affiliate Program, you must submit a complete affiliate program application. Clipper Vacations will process your application and will notify you in a timely manner regarding acceptance of your application.

Clipper Vacations reserves the right to decline a referral account application, without reason or cause.

If Clipper Vacations rejects your application, you may resubmit at any time, and Clipper Vacations will reconsider the application.

Affiliate commissions are structured as follows:

10% commission on all Clipper Vacations sales generated from your link. (Some restrictions may apply.)

Clipper Vacations will pay a commission from any purchase referred via a link on a referring partner’s website.

All accounts will be settled within 15 days after travel.

A referral commission will not be paid on orders that are fraudulent, result in a chargeback or a customer refund, or cancellation.

Promoting Clipper Vacations via unsolicited email is strictly prohibited, and affiliate agrees to not reference Clipper Vacations in any way, shape, or form, in any e-mail that affiliate sends in which the recipient has not specifically asked to receive it.

In the case of mailings which are conducted by a third party on affiliates behalf, affiliate assumes full responsibility and should perform due diligence to ensure that the mailing list is 100% opt-in.

Furthermore, affiliates may not link to Clipper Vacations from any URL that is promoted via unsolicited e-mail.

Affiliate agrees that Clipper Vacations will terminate this agreement and withhold all fees or payment due if affiliate is found in violation of this policy.

As an affiliate site, we will make available to you links to the Clipper Vacations site.

In using the links, you agree that you will cooperate fully with Clipper Vacations in order to establish and maintain such links.

Clipper Vacations has the right in its sole discretion to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this agreement. You also agree that you will substitute existing links and images with any new links or images provided by Clipper Vacations from time to time throughout the term of this agreement.

Subject to the terms and conditions of this agreement, Clipper Vacations grants you a limited, non-exclusive, non-assignable, non-transferable, royalty-free license (without the right to sublicense) to:

1) place links on the affiliate site during the term of this agreement; and

2) to use the Clipper Vacations marks as incorporated into the links, for the sole purpose of linking to the Clipper Vacations site.

You acknowledge that all right, title and interest in the links and the Clipper Vacations marks are exclusively owned by Clipper Vacations and/or its licensors, and that no right other than the limited license granted herein is provided to you.

You shall not assert copyright, trademark or other intellectual property ownership or other proprietary rights in the links or the Clipper Vacations marks or in any element, derivation, adaptation, variation or name thereof.

You agree that your use of the links and the Clipper Vacations marks incorporated therein inures to the benefit of Clipper Vacations.

All goodwill or reputation in the links and the Clipper Vacations marks shall automatically vest in Clipper Vacations when the links are used by you pursuant to this agreement.

You shall not contest the validity of any of the Clipper Vacations marks or Clipper Vacations exclusive ownership of them.

During the term of this agreement, you shall not adopt, use, or register, or apply for registration of, whether as a corporate name, trademark, service mark or other indication of origin, any of the Clipper Vacations marks, or any word or mark confusingly similar to them in any jurisdiction.

You are solely responsible for the development, operation, and maintenance of your site and for all materials and content that appear on your site. Clipper Vacations will not be responsible for and disclaims all liability for any of the foregoing.

You agree to indemnify and hold Clipper Vacations harmless from all damages, claims, fees (including attorneys’ fees), and expenses arising from or relating to the development, operation, or maintenance of your site and any content displayed on your site including but not limited to any claim that content displayed on your site infringes or misappropriates any intellectual property right of a third party.

The term of this agreement begins upon Clipper Vacations acceptance of your application for the affiliate program, and ends when terminated by either party in accordance with this agreement.

Either you or Clipper Vacations may terminate this agreement at any time, for any reason or no reason, by giving the other party written notice of termination. Within 24 hours after termination (whether by you or Clipper Vacations), you must remove the Clipper Vacations links and any other Clipper Vacations marks from your site related to this program.

Clipper Vacations may modify any of the terms and conditions contained in this agreement and will notify you of the modification via email.

If a modification is unacceptable, you may terminate this agreement by giving notice of termination to Clipper Vacations. If you do not give Clipper Vacations a notice of termination, then you will be deemed to have accepted the modifications.

You and Clipper Vacations are independent contractors, and nothing in this agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and Clipper Vacations.

You understand that you do not have authority to make or accept any offers or make any representations on behalf of Clipper Vacations. You may not make any statement, whether on your site or otherwise, that would contradict anything in this section.

EXCEPT AS EXPRESSLY SET FORTH IN THE AGREEMENT, CLIPPER VACATIONS
MAKES NO, AND EXPRESSLY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE AFFILIATE PROGRAM, THE LINKS, TRADEMARKS, THE CLIPPER VACATIONS SITES, THE CLIPPER VACATIONS SERVICE, AND ANY OTHER SERVICE PROVIDED BY CLIPPER VACATIONS HEREUNDER, AND ANY OTHER SERVICE, CONTENT, TOOLS, OR RELATED DOCUMENTS OR MATERIALS (IN ELECTRONIC FORM OR OTHERWISE) PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR TRADE USAGE. CLIPPER VACATIONS EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE, AVAILABILITY, FUNCTIONALITY, OR ANY OTHER ASPECT OF THE CLIPPER VACATIONS SITE.

You understand that the operation and/or use of the links or the Clipper Vacations site may not be uninterrupted or error free, and may have errors or omissions. You agree that Clipper Vacations will not be liable for any interruptions or errors in using the link.

CLIPPER VACATIONS WILL NOT BE LIABLE FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES OR ANY OTHER INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE LINKS, THE CLIPPER VACATIONS SERVICE OR CLIPPER VACATIONS AFFILIATE PROGRAM, EVEN IF CLIPPER VACATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LOSS OF DATA OR LOSS OR INTERRUPTION OF SERVICES OR COMMUNICATIONS.