CL Partner | Travel Planet

CL PARTNERS SIGNUP FORM

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Travel Planet Network MERCHANT(S) AGREEMENT
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This is a legal Marketing Agreement between TravelPlanetNetwork.com and the person, COMPANY, or organization that is applying to become an independent 1099 AGENT by promoting the Travel Planet Network hotel savings plan to their customers.
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Definitions:
(i) "COMPANY" means TravelPlanetNetwork.com

(ii) "MERCHANT(S)" means independent retailers who own/manage/or operate brick and mortar stores.

(iii) “HOTEL SAVER PLAN(S)” provides consumers the opportunity to purchase up to $500 in guaranteed hotel savings below the prices listed on Expedia, Priceline, and similar online travel booking engines for $50 or less.

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RECITALS
									
COMPANY offers MERCHANTS the ability to attract customers, increase profits, while at the same time, generate additional revenue without requiring staff, merchandise, or selling anything simply by displaying Travel Planet Network’s CONSUMER POSTCARDS throughout their store/shop.   
The MERCHANT is provided the artwork containing information about the HOTEL SAVER PLAN including  a unique QR code that links the consumers to MERCHANT while directing them to Travel Planet Network’s home page providing all the details of the promotion.  If the consumer makes a purchase, the MERCHANT receives commission for the sale. 
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THEREFORE, COMPANY and MERCHANTS agree as follows:
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COMPANY’S OBLIGATION

COMPANY will provide MERCHANTS with high-resolution digital artwork (.jpg, .png, or .pdf) of the hotel saver promotion only.  
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MERCHANTS  RESPONSIBILITY 

It is MERCHANT’s responsibility to promote the Hotel Saver Plan through print, MERCHANTS website, email (no spamming permitted), or through social media, at MERCHANTS cost.  NOTE:  COMPANY offers printing services through www.GotPrint.com at cost. 
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COMMISSIONS
 
COMPANY provides MERCHANTS a 30% commission on the value of the sale.

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MONTHLY FEE

MERCHANT COSTS:  $0

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COMMISSION PAYOUTS

Earned commissions will be paid on the 2nd and 16th of each month.  Earned commissions can be deposited directly to the MERCHANTS bank OR through PayPal (at a 3% handling fee for both methods), on the 2nd and the 16th of each month, for the prior 2-weeks earnings.  
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TRACKING

COMPANY will provide MERCHANT(S) access to a free “back-office” used track sales.  This is provided by PostAffiliatePro.com, a third party that handles all elements of sales commission tracking for clicks and orders.  
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COMPANY Rights and Obligations

COMPANY reserves the right to terminate this Agreement and MERCHANT participation in the COMPANY’S Program immediately and without notice should MERCHANT commit fraud in the use of the COMPANY’S promotion in any way. If such fraud or abuse is detected, the COMPANY shall not be liable to you for any commissions for such fraudulent sales.
This Agreement will begin upon our acceptance of your MERCHANT(S) application and will continue unless terminated hereunder.
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TERMINATION

Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by MERCHANT.
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MARKETING RESTRICTIONS

MERCHANTS are free to promote on their own websites offering COMPANY product review promotion, but naturally any promotion that mentions COMPANY could be perceived by the public or the press as a joint effort.  NO SPAMMING IS PERMITTED WHATSOEVER. If it comes to our attention that you are violating this, your account will be immediately terminated, and any pending balances owed to you will be forfeited.      
MERCHANT(S) may email or mail any COMPANY collateral (print or digital) and recipients have the option to remove themselves from future mailings.  
MERCHANT(S) may post to newsgroups and/or social media groups to promote COMPANY so long as these groups specifically welcomes commercial messages.    	
MERCHANT(S) must clearly represent yourself and your websites (if you have one), as an independent contractor of the COMPANY.    
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INDEPENDENT CONTRACTOR

MERCHANTS are an I099 Independent Contractor and CANNOT imply that MERCHANT(S) has an employment relationship, ownership, PARTNESHIP or represents COMPANY in any business contracting negotiations outside of the related products and services. MERCHANT(S) is solely responsible for its own taxes and activities. Neither party shall have any authority to make commitments or enter contracts on behalf of, bind or otherwise obligate the other party in any manner whatsoever. No joint venture, franchise, or MERCHANT(S)HIP is intended to be formed by this Agreement.  All marketing materials that use the COMPANY logo must be pre-approved in writing with MERCHANT(S) "title" listed as "Independent Contractor" with MERCHANT(S) personal or business-related name, email, phone number and address.
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NON-DISCLOSURE & NON-CIRCUMVENT 

Each party hereto understands that they will have access to information deemed proprietary and confidential, including but not limited to, COMPANY staff, customers, representative and vendor or supplier relationships along with commission structures and business model. MERCHANT(S) agrees to protect said information from disclosing or reproducing any part of COMPANY product or service offering from personal use or to any direct or indirect third parties not associated with COMPANY during the term of this agreement and (24) months after the termination of that agreement. MERCHANT(S) will not directly or indirectly contact any COMPANY vendor or supplier with any direct relationship that would establish MERCHANT(S) conducting marketing COMPANY related product or service for (5) years without written permission. MERCHANT(S) will be held liable for damages and loss of revenues if non-disclosure or non-circumvent terms are violated.
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GRANT OF LICENSES

We grant MERCHANT(S) a non-exclusive, non-transferable, revocable right to (i) access our site through HTML and/or QR Code links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials" with our name and/or our logo.  
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DISCLAIMER

COMPANY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING COMPANY SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF COMPANY ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. 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.	
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LIMITATIONS OF LIABILITY

WE WILL NOT BE LIABLE TO MERCHANT(S) 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 COMPANY'S 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.	
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INDEMNIFICATION 

MERCHANT(S) hereby agrees to indemnify and hold harmless COMPANY, 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.
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MISCELLANEOUS 

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Nevada without regard to the conflicts of laws and principles thereof.
You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.

If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
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TAX REPORTING

Before any commissions are sent, please print, complete, sign and return the W9 to COMPANY:  https://www.irs.gov/pub/irs-pdf/fw9.pdf  and forward to support@datacapturepros.com
CL PARTNERS SIGNUP FORM

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