Cash Back Program Terms and Conditions
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND UTOvacation INC. BY CLICKING ON THE "ACCEPT" BUTTOM AT THE END OF THIS DOUCMENT YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGRREMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF. YOU CANNOT BECOME A MEMBER OF THE AFFILIATE PROGRAM UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF
Joining the Program
By filling out the signup form you will automatically become an affiliate and are bound by the terms of this agreement. Your participation in the program is solely for this purpose: to legally advertise our website to receive a commission on products purchased by your referral individuals. As an affiliate, you may publish UTOvacation offers on your website, social media or privately shared through emails.
Revocation of Affiliate Status
You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. UTOvacation shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. UTOvacation will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law. This would include but not limited to pictures, videos or travel itineraries. In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following:
Inappropriate advertisements (False claims, misleading hyperlinks)
Spamming (mass email, mass newsgroup posting, etc...)
Advertising on sites containing/promoting illegal activities
Violation of intellectual property rights.
Attempt to cheat, defraud or mislead us in any way
Engage in popup advertisement network activities
Affiliate Links and Tracking
UTOvacation will provide you with an affiliate link. This link is designed to track users who enter our e-commerce platform via your promotional efforts. You may use graphic and text links both on your website and in emails provided by UTOvacation. The site may also be advertised "offline" in classified ads, magazines, and newspapers, or you may create your own as long as they are deemed appropriate according to the conditions. Please note, you are responsible for securing copyrights for any pictures or videos you use for the purposes of advertising.
Commissions
Should your clients purchase any tour packages and /or any services (Theywill have to click your link first and log in or register their account beforeproceeding next steps), you will be paid a commission for such purchaseas per our regulations.(visa service fees, gratuities, sightseeing admissionticket fares, meal plans,single supplement charges, airporttransfers, travel insurance, any taxes/surcharges are not eligible for any commission)
The Commission Rate is currently 4% on your side (before taxes)forall our full priced products (including tour packages,optional tours, trip extensions, hotel/cabin upgrades, flight/cruise tickets, UTOAssurance Program) with 4% discount of tour fare on the side of your referredparty( subject to changes without prior notice) .
There isno amount limit and no expiration date for the commission accumulated in youraccount.
4% tourfare discount can only be honored onetime per trip for each of your invitedparticipants booking through your promoted itinerary/link.
At theend of each calendar year, the top producer(s) will be awarded extra benefitsbased on the performance of the year.
Remarks: If for any reason apayment dispute occurs or a payment has been refunded back to your group memberfrom UTOvacation, 4% commission of such fund will be withdrawn from youraccount.
Commission Payment
Commission deemed due and owed to you underthe program will be paid to you directly by UTOvacation INC. No commission willbe paid to any signups or attendees within your group by UTOvacation INC.
Once your referred party make any paymentsthrough the link you have promoted, the commission amount will appear in youraccount within 5 business days after we receive the tour monies and suchcommission could be redeemed totally or partially and transferred to yourdesignated group member(s) or for yourself as travel credits towards any futuretrips with UTOvacation.
If you wishto apply for cash redemption, you may do so 1) after your group member(s) comeback from destination and 2) the total commission amount reaches up to $50 (minimumthreshold) in your account, Your choice of payment method and tax informationare required for us to transfer the fund within 7 business days following yourapplication.
Payment methods
1)By cheque:Please send us a prepaid registered envelop with a valid mailing address and fullname of the recipient . UTOvacation is not responsible for any delay, loss or damagefrom the third party service provider.
2)ByPaypal: Please provide a valid email address and full name of the recipient. UTOvacation is not responsible for any fees incurred through the transactionimposed by the third party service provider.
3)By BankTransfer: Please supply a valid address and full name of the recipient, thename and address of your bank, your account number, your bank sort number(9-digitrouting number including branch or transit number and national sort code number),the name of the primary account holder. If you do not have a Canadian bankaccount, IBAN(International Bank Account Number), SWIFT BIC(Bank IdentifierCode) are required. We will deposit or cross-border transfer your commissiondirectly into your bank account. UTOvacation is not responsible for any feesincurred through the transaction imposed by the third party service provider.(Ifsending to Mexico, CLABE(Clave Bancaria Estandarizada) or Standardized BankCode is also needed)
Please note: Dueto the CRA/IRS regulations and US/Canadian laws, you are obligated to providecopies of Social Security Number/SIN card number and other government-issueddocuments necessary for the process. Report the total refund bonus for the taxyear in which you receive cash from our Affiliate Program. Any failure to do somay result in your bonus income to be on-hold.
Example:
You refer an alumni group of 25 school mates to book a trip priced at $5000/pp(before tax) on June 1 and they each pays $300 (non-refundable) deposit on the same day. Within the following 5 business days, The commission amount of $300($300/ppX4%X25=$300) will show in your account. The final payment for the group(in this case $5000-300deposit-200discount=$4500/ppX25) is paid on June 30, the new commission of $4500($4500/ppX4%X25=$4500) will show in your account within 5 business days. Feel free to convert any amount of $4800($300+$4500) to travel credits and redeem for anyone/yourself OR Wait until the alumni group comes back on Dec 15 and since the amount in your account exceeds $50, you could apply to redeem $4800 in cash which will be sent out within 7 business days after approval.
To sum up, for this particular group, you could earn $4800 and each of your classmates will enjoy a $200 discount for this vacation.
Terms of the agreement
These terms will begin upon your signup with the affiliate program and will end when your affiliate account is terminated. The terms of this agreement may be modified by us at any time. If any modification to the terms is unacceptable to you, your only choice is to terminate your affiliate account. Your continuing participation in the program will constitute your acceptance of any change.
Liability
We will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, and any results of "intents of harm" to the program or our website. We do not make any expressed or implied warranties with respect to the affiliate program and/or products sold at this site. We make no claim that the operation of the affiliate program and our website will be error-free and we will not be liable for any interruptions or errors.
Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Program or any COMPANY services or other items sold 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 site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Representations and Warranties
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide UTOvacation Inc with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.
Confidentiality
We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, website, business and financial information relating to UTOvacation Inc, customer and vendor lists relating to UTOvacation Inc and any members of the Affiliate Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. UTOvacation makes no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information.
Indemnification
You hereby agree to indemnify, defend and hold harmless UTOvacation Inc, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.
Miscellaneous
Terminated accounts cannot later apply to the Program without our express written consent. This Agreement will be governed by the laws of the Canada and the Province of Ontario, without reference to rules governing choice of laws. UTOvacation Inc reserves the right to institute a reserve fund holding commissions for a time period deemed necessary in situations where sales generated by an affiliate consistently have a high chargeback/cancellation ratio. UTOvacation Inc will be the sole and final arbitrator for any and all disputes or claims related to the validity of sales. 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.
Binding Arbitration
By participating in this affiliate program, you agree to binding arbitration for any disputes or claims that arise against UTOvacation Inc in conjunction with this program. An arbitration firm selected by UTOvacation Inc will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND UTOvacation Inc. BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THIS AFFILIATE PROGRAM AGREEMENT YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS THEREOF.
Remarks:
1) UTOvacation reserves the right to impose relevant fuel/inflationsurcharge if Brent Crude Oil Price Index or US/Canada Official CPI has jumpedover 4% between your booking date and tour departure date.
2) The credits in the Affiliate Program cannot be combined withany other promotions or coupons and redeemed in the same booking.
3) Any promotional coupons cannot be applied to any of the extraitems including but not limited to visa service fees, gratuities, sightseeingadmission ticket fares, meal plans, single supplement charges, airporttransfers, travel insurance, any taxes/surcharges and optional tours.