As used herein the following words and terms shall have the following meanings:
• “Affiliate" means any legal entity that a Party controls, that controls a Party, or that is under its common control.
• “Agreement” means this Affiliate Marketing Agreement.
• “Customer” shall mean any Prospect that purchases a Product through the Site referred by the Affiliate.
• “Product” shall mean the goods, products or services sold through the Site.
• “Product Purchase Price” shall mean the amount paid by Customer for any Product excluding the Site´s fees that are required for delivering the product, like service and transaction fees.
• “Marketing Services” shall include broadcasting all manner of advertising, marketing or promotions, including banner ads, display ads, blogging, podcasts, videocasts and other mediums to promote the Site and the Product(s).
• “Prospect” shall mean an individual or business that is referred to the Site by the Affiliate.
• “Site” means Coliving.com
• “User” shall mean a person that visits, uses or otherwise engages or interacts with the Site or the Affiliate's Sites.
By entering into this Agreement the Affiliate is not in violation of any employment, consulting, contractual or non-competition agreements. Has the authority and legal capacity to enter into this Agreement. The person signing this Agreement on behalf of a party is authorized to bind the Party to the terms of this Agreement.
Each Affiliate shall indemnify and hold harmless the Site, their directors, officers, employees, contractors, affiliated companies, and Affiliate shall indemnify and hold harmless the Site´s Strategic Relations, from and against any and all claims, lawsuits, demands, liabilities, charges, judgments, settlements, costs, penalties, and expenses of whatever kind or nature that either may sustain or incur at any time and arising in any manner out of any wrongful act, error, or omission by such Party. Each Party shall also be liable for the costs and attorney's fees that the other Party or its Affiliates or Strategic Relations actually incur in defending itself against any such claims, demands, or lawsuits.
The Affiliate shall be solely responsible for its own debts and obligations, including taxes, and shall not, under any circumstances, hold itself out to be an employee, agent or servant of the Site.
The Affiliate should not market the Site through websites with discriminating, violent or other content that can affect the credibility of the Site.
The Affiliate should not offer their users any deals or discounts on the Site that is not real or true or bind the Site to any contracts with its users.
Affiliate shall retain the right to withdraw or discontinue the marketing of any products or services offered by the Site.
Affiliate can modify the color, look and feel of the Site's logo to fit their marketing.
Affiliates will take all commercially reasonable efforts to comply with all local, regional, territorial and national laws in all jurisdictions in which its Products are marketed and sold.
Our tracking cookies are stored for 30 days to allow your referred users time to browse the Site and ask any pre-booking questions they may have before making the decision to book.
Easily access your performance data in your private Affiliate Dashboard.
View invites, bookings, payouts, statistics, affiliate links and more.
Direct Link Tracking
Link directly to the Site from your website without a referral link. We use our own source-tracking so you don’t have to use a query string when linking from your own website.
The Site offers Affiliates up to $50 for each person you refer. You can choose to reward yourself only or share the reward with the person you refer so both of you can get up to $50 each. The Person you refer will get the sum subtracted on their first booking payment. You will receive the sum after the guest has moved out.
If a guest cancels their stay, we will re-calculate the affiliate fee and withdraw this from your Coliving Wallet.
Affiliate System Uptime
The Site shall maintain accessible and in a functional condition in accordance with the service level terms of the host of the site.
Content and Info
The Site, it's Affiliates and Strategic Relations shall maintain accurate records and reports with respect to all Prospects and Customers obtained as a result of the affiliate partnership.
This Agreement shall be for a term of one (1) year commencing on the Effective Date and will automatically renew a year at a time.
The Parties have the ability to terminate any partnership with immediate effect if the other party has breached this contract.
Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware without regard to the conflict of law provisions thereof, and the state and federal courts located in that state shall have exclusive jurisdiction over the parties for the purposes of adjudicating all disputes that may arise under this Agreement. Consultant hereby waives all objections to venue and personal jurisdiction in those forums for such disputes.