Trip Chiefs Affiliate Terms and Conditions

My affiliates are very important to me. I do my best to treat you with the fairness and respect you deserve. I simply ask the same consideration of you. I’ve written the following affiliate agreement with you in mind, as well as to protect my company’s good name. So please bear with me as I take you through this legal formality.

If you have any questions, please don’t hesitate to let me know on email hello@tripchiefs.com

Regards

Nicci O’Mara
Founder, Trip Chiefs

Affiliate Agreement

PLEASE READ THE ENTIRE AGREEMENT.

THIS IS A LEGAL AGREEMENT BETWEEN YOU (THE AFFILIATE) AND TRIP CHIEFS.

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.

1. Acceptance and Term

  • All affiliate program applications are subject to Trip Chiefs’ approval. We reserve the right to reject any application as we see fit without need for explanation.
  • This Agreement shall commence upon the date Trip Chiefs notifies you via email that you have been accepted into the Affiliate Program and shall continue thereafter until terminated by either party.

2. Payment

  • Affiliates will receive forty percent (40%) of the gross revenue for each sale of Family Trips Made Easy made by your qualified referrals within the 60-day referral period. This does not include any tax payment and your payments may be subject to PayPal fees.
  • You must have a business PayPal account and this must be integrated with your ThriveCart account.
  • Payments are made 14 days after they are collected. If a refund is processed for someone you have referred, your commission will be reversed.
  • Trip Chiefs uses a third party (ThriveCart) to handle all of the tracking and payment. You must adhere to ThriveCart’s terms and conditions. Please review these here > https://legal.thrivecart.com/platform/terms/
  • You will create a username and password so that you may enter ThriveCart’s secure affiliate account interface. From their site you will be able to receive your reports that will describe your tracking and commissions.
  • You acknowledge that it is your sole responsibility to declare all payments made by Trip Chiefs to the relevant taxation authorities, and to make any tax payments required.

3. Right To Chargeback 

The Affiliate agrees that Trip Chiefs shall have the right to charge back the Affiliate’s account or otherwise adjust for any previously paid Commissions that ultimately are not commissionable under this Affiliate Agreement. Specifically, in the event that a sale attributed to an Affiliate is charged back, refunded for any reason, or otherwise challenged after the commission has been paid.

4. Cookies and tracking

  • The tracking and attribution of sales to Affiliates based upon their tracking links is done automatically through ThriveCart.
  • In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
  • Affiliate cookies last for 60 days in the user’s browser after they click an affiliate link. The user must purchase the product or service from that browser, for an affiliate sale to be recorded.
  • If the user clears the browser cache or removes the cookies from the browser, then there is no affiliate payment, which is beyond our control.
  • If a user clicks multiple affiliate links from different affiliates, only the most recent one will be paid the affiliate commission.

5. Compliance

  • All affiliates (regardless of country of domicile) MUST be in compliance with all applicable laws, regulations, and guidelines including but not limited to:
  • CAN-SPAM, GDPR, and CA-SL requirements in connection with email marketing
  • Federal Trade Commission Act (“FTC Act”) including the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising
  • and other federal and state consumer protection laws, regulations, and guidelines.
  • Affiliates must take full responsibility for their advertising. Trip Chiefs shall not be responsible to approve any Affiliate Ads. Compliance is solely with the Affiliate and the Affiliate represents and warrants that it shall have legal review of all Affiliate Ads for all necessary and required compliance.
  • Affiliates are responsible for abiding by all linking guidelines ionFacebook, Instagram and other social media channels.
  • You are not permitted to share your affiliate link in any Trip Chiefs’ group on Facebook.
  • You cannot use your affiliate code to buy products or services for yourself.

Failure to comply will have you removed from the Affiliate Program and the possibility of having commissions cancelled.

7. Promotional Materials

  • Trip Chiefs will make promotional materials available to the Affiliate for use in promoting the Company’s products.
  • These materials may include Trip Chiefs’ logos, images of products, display banner ads, button links, text links, and other graphic and text based material.
  • Upon acceptance, you may use the Promotional Material on your approved website, in emails, and in other promotional activities, solely for the purpose of promoting Trip Chief’s products.
  • You shall not state or imply that Trip Chiefs has endorsed you, the Affiliate.

8. Termination

  • You may end this Agreement at any time, by giving Trip Chiefs written notice in the form of an email to hello@tripchiefs.com
  • Trip Chiefs may terminate this Agreement at any time and for any reason it deems appropriate. In the event of termination, Trip Chiefs will disable all tracking URLs, links, cookies, pixels, and similar mechanisms used within the Affiliate Program.
  • Upon termination, you shall immediately cease all use of Trip Chiefs’ promotional materials and intellectual property, and delete all copies of such materials in your possession. You shall also immediately cease representing yourself as a participant in the Affiliate Program.
  • You shall be entitled to all VALIDLY accrued Commissions that have been earned prior to the termination of this Agreement.

We may terminate your application if we determine that you or your site:

  • have provided any false information in your application
  • promote sexually explicit materials, violence, illegal activities;
  • discriminate based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • incorporate any materials which infringe on copyright, trademark or other intellectual property rights or to violate the law;
  • anything you advertise is thought to be deceptive, misleading, untruthful, unsubstantiated, or otherwise fails to comply with applicable country, federal and state consumer protection laws, regulations, and guidelines.
  • your website or any other website you operate, resembles our website, either explicitly or implied, nor design your website in a manner which leads customers to believe you are tripchiefs.com
  • are spamming

Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable practices.

9. Non-Disparagement.

Upon the termination of this Agreement for any reason, the Affiliate agrees not to disparage, in a manner that negatively impacts their reputation, Trip Chiefs, its affiliates or their respective directors, employees, products or services. Failure to abide by this provision shall entitle Trip Chiefs to immediately cease making any outstanding payments due to the Affiliate, or to seek damages, without limiting any other rights Trip Chiefs may have at law or in equity. The Affiliate acknowledges that this provision shall survive the expiration of the Term or termination of this Agreement.

10. Rights and Obligations

We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our website are appropriate and to further notify you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Trip Chiefs Affiliate Program.

11. Confidentiality

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

12. Representations and Warranties

You represent and warrant 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;
  • You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.
  • You will not engage in any behaviour that violates the terms of this Agreement or that constitutes an attempt to fraudulently or deceptively increase the earnings of Affiliate under this Affiliate Program.
  • You agree to indemnify, defend and hold harmless Trip Chiefs from any lawsuits, investigations, claims, or complaints arising from any such violation or alleged violation of the terms above.

13. Nature of Relationship

You agree that nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Trip Chiefs. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.

14. Limitations of Liability

You agree to absolve and do hereby absolve Trip Chiefs of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of participation in the Affiliate Program and/or any information and resources contained in the Affiliate Program.

We will not be liable to you with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this agreement, in no event shall Trip Chiefs cumulative liability to you arising out of or related to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to you under this agreement.

15. Indemnification

You hereby agree to indemnify and hold harmless Trip Chiefs, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

16. Force Majeure

Trip Chiefs shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

17. Modification

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email.

Please email hello@tripchiefs.com should you have any questions regarding this agreement.