TOURISTICAL COMMERCE AND PUBLICITY S.A. DE C.V.

AFFILIATE PROGRAM AGREEMENT


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This agreement (Agreement) contains the terms and conditions that apply to an individual's or entity's participation in the Touristical Commerce & Publicity S.A. de C.V. (TC&P) Affiliate Program (the Program), as defined below. As used in this Agreement, “you” means (and “your” refers to) the applicant seeking to participate as an Affiliate in the Program, “we”, means (and “us”, “our” and “ours” refer to) TC&P.

1.  Definitions

1.1  CancunTravel.com means the software code, informational databases, products, and other components that make up our service which is marketed for use by individual end users in the locales as we may elect to market our service, at our sole discretion, to enable such end users to shop for, reserve, book and pay for certain travel services via a personal computer, or other interactive device, connected to the Internet or any other network. We can offer these services on the Web under the name “CancunTravel.com,” or/and other name owned by us, and the term “CancunTravel.com” as we use it in this Agreement is deemed to refer to all future versions of our online services described in this Agreement, regardless of the name under which it is offered, and includes without limitation any and all additional, follow-on, successor or replacement versions of these services.

1.2  Affiliate means any person, partnership, joint venture, corporation or other form of enterprise, domestic or foreign, including but not limited to subsidiaries, that directly or indirectly, control, are controlled by, or are under common control with a party.

1.3  Web Site Affiliate means an applicant enrolling into the Program whose means of participation in the Program are through one or more of the applicant's web sites, and any successor web site to those sites, once the applicant has been accepted into the Program.

1.4 Travel Agency Affiliate means any person dedicated exclusively to sell, promote, organize and commercialize any Travel related services and whose participation in the Program is through the use of the CancunTravel.com web site for the purpose of making reservations for thier clients.

1.5 Travel Industry Employee Affiliate means any person who is a qualified employee in the Travel Industry and whose participation in the Program is through the use of the CancunTravel.com web site for the benefit of receiving discount reservations.

1.6 Air Transaction means the effecting of a reservation of a round-trip, or one-way, Airline ticket, by one person or more.

1.7 Car Transaction means the effecting of a reservation for a car rental by one person for an uninterrupted duration.

1.8 Hotel Transaction means the effecting of a reservation for a stay in one or more rooms or suites in a single hotel for an uninterrupted stay of any duration or any hotel accommodations available for reservation or purchase on CancunTravel.com for an uninterrupted stay of any duration.

1.9 Tour and Excursion Transaction means the effecting of a reservation for any of the Tours or Excursions made available by CancunTravel.com.

1.10 Travel Package Transaction means the effecting of a reservation for any of the Travel Packages made available by CancunTravel.com.

1.11 Affiliate ID means the Identification Number assigned to an applicant at the completion of the Program registration process. The Affiliate ID is a unique number to each applicant and is to be used to link to the CancunTravel.com site by Web Site Affiliates, or used by Travel Agency and Travel Industry Employee Affiliates when logging in to the CancunTravel.com site, or to be used as a means to enter the Affiliates Area of the Program.

1.12 Link means one or more hyperlinks located on the applicable areas of your Affiliate Site that enables a User of your site to access CancunTravel.com and which carries your Affiliate ID. Links also include any connection to CancunTravel.com through the Internet, email, broadband, Internet II, wireless and handheld devices, cell phones, digital appliances, or other digital interactive means, networks, devices, or transmissions, whether existing now or in the future.

1.13 Net Revenue means the net revenue we receive as a direct result of Users effecting Car Transactions, Hotel Transactions, Tour and Excursion Transactions, or Travel Package Transactions, on Cancuntravel.com, excluding: amounts we collect for sales taxes, duties, handling, and similar charges.

1.14 User means individuals or entities that access CancunTravel.com for the purpose of effecting reservations.

2. INELIGIBLE PARTY AND DAMAGES

If you are an employee of a Competitor of ours, you are not eligible to enroll in the CancunTravel.com Affiliate Program.

For the purposes of this Agreement, a Competitor includes, but isn't limited, to any other travel web site or travel operator. If you fall into either of these categories and you still wish to enroll in the Affiliate Program, you must obtain prior written approval from us for your participation as an Affiliate. In addition, you agree to: (i) terminate this Agreement immediately if you become an Ineligible Party following your enrollment in the Affiliate Program; and (ii) keep confidential any Confidential Information, as defined in this Agreement, which we have provided to you during your enrollment in the Affiliate Program. You specifically agree that the obligation for confidentiality in this Agreement survives any termination of this Agreement.

3. YOUR OBLIGATIONS

3.1 To begin the enrollment process, you will submit a completed Program Affiliate Registration Form via CancunTravel.com. Acceptance to the Program is automatic, except in the case of Travel Industry Employee Affiliates who must first verify their employment prior to final acceptance. We may reject your Program enrollment if we determine, in our sole discretion, that you are an Ineligible Party, or that you, your site, or business, is unsuitable for the Program for any reason, including but not limited to businesses that, promote sexually explicit materials, promote or engage in violence, promote or engage in discrimination, promote or engage in illegal activities, otherwise violate intellectual property rights.

3.2 In no event shall you or your agents make or extend any representation or warranty on our behalf with respect to CancunTravel.com or the services available therein.

3.3 Web Site Affiliates Once you have completed your application and have been provided your Affiliate ID for the Program, you may provide on your site one or more of the following types of links to our site:

  • General Link to the CancunTravel.com Home Page: You may provide a general link with your Affiliate ID on your site to our home page.
  • Integrated Linking to CancunTravel.com Product Pages: You may integrate any of our products and services pages directly and anonymously into your site.
  • Modified Integrated Linking to CancunTravel.com Individual Products: You may integrate any of our individual products and services directly and anonymously into your site.
  • You acknowledge that, by participating in the Program and placing any of the above links within your site, TC&P may receive information from or about visitors to your site. Your participation in the Program constitutes your specific and unconditional consent to, and authorization for, TC&P's access to such information, consistent with our privacy policies.

3.4 Travel Agency Affiliates Once you have completed your application and have been provided your Affiliate ID for the Program, you may immediately begin making reservations for your clients:

  • Travel Agency Affiliates Log In Page: At all times you will log into the CancunTravel.com site using our official log in page for Travel Agency Affiliates when beginning a session to make reservations for your clients.
  • You acknowledge that if you do not use the Travel Agency Affiliate Log In to begin your session, your Affiliate Account will not be credited with the corresponding sales during that session, that we will be unable to track these sales to you, and that therefore we cannot provide commissions for those sales which occurred when a Travel Agency Affiliate has failed to log in prior to beginning a session.
  • You acknowledge that, by participating in the Program and making reservations for your clients through CancunTravel.com, TC&P may receive information from or about your clients. Your participation in the Program constitutes your specific and unconditional consent to, and authorization for, TC&P's access to such information, consistent with our privacy policies.

3.5 Travel Industry Employee Affiliates Once you have completed your application and have been provided your Affiliate ID for the Program, and have received final application approval, you may immediately begin making reservations to receive your special discount:

  • Travel Industry Employee Affiliates Log In Page: At all times you will log into the CancunTravel.com site using our official log in page for Travel Industry Employee Affiliates when beginning a session to make your reservations.
  • You acknowledge that if you do not use the Travel Industry Employee Affiliate Log In to begin your session, your Affiliate Membership will not be recognized and the corresponding Travel Industry Employee Affiliate discount will not be applied to your reservation.
  • You acknowledge that, by participating in the Program and making reservations through CancunTravel.com, TC&P may receive information from or about you. Your participation in the Program constitutes your specific and unconditional consent to, and authorization for, TC&P's access to such information, consistent with our privacy policies.

4. TC&P'S OBLIGATIONS

4.1 We shall provide customer support and fulfillment services to Users in accordance with our then-current standard terms and conditions and standard customer service policies and procedures applying generally to users of Cancuntravel.com. You acknowledge that we reserve the right to refuse to provide customer/fulfillment services to a User for a variety of reasons, including but not limited to:

a) Purchase rejection by applicable credit card company;

b) Inability to authenticate credit card;

c) Inability to authenticate card holder;

d) User’s purchase history with us and/or our Affiliates.

4.2 We will be responsible for all aspects of reservation processing and fulfillment. Among other things, we will prepare reservation forms, process payments, cancellations, and handle customer service.

4.3 We will track sales made to customers for which reservations have been made using your Affiliate ID and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time at our discretion but at a minimum, we will provide a complete monthly listing of sales, sales date, and sales amount corresponding to the Affiliate ID with which they were made.

5. OWNERSHIP OF TC&P

5.1 We shall own all intellectual property rights (including without limitation all copyrights, patents, trademarks and trade secrets) in connection with and in all versions of CancunTravel.com, and or all the other sites owned by TC&P.

5.2 We will own all data generated by Users of TC&P, and all of the terms and conditions, rules, policies and operating procedures of TC&P (including but not limited to policies relating to the use of customer personal identification information, customer orders, customer service and ticket fulfillment) will apply to such Users of TC&P; and we reserve the right to change such terms and conditions, rules, policies and operating procedures at any time.

6. FEE STRUCTURE

You are eligible to earn commissions on all sales generated by you (except Travel Industry Employee Affiliates where a reservations discount is applicable) and tracked to your Affiliate ID, during the term of this Agreement, where the User, using CancunTravel.com’s online travel and booking system, successfully effects a Hotel Transaction, Car Transaction, Tour and Excursion Transaction, or Travel Package Transaction. Commissions shall be paid as follows:

6.1 We will pay you eight percent (8%) on Net Revenue, per Hotel Transaction, Car Transaction, Tour and Excursion Transaction, or Travel Package Transaction and any other commissionable services provided by TC&P.

6.2 Air Transactions: We will pay no commissions on air transactions, since the airlines do not pay any commission for the sale of tickets.

7. PAYMENTS

Commissions will be paid monthly via bank wire transfer; no other manner of commission payments are available. If commissions are less than US$ 150.00 in any month, commissions for that month shall be put forward to the first month when commissions due total US$ 150.00 or more, or until this agreement is terminated by either party.

We will pay you commissions that meet the minimum US$ 150.00 minimum payment requirement on a monthly basis on the 20th day following the end of each commissionable month.

Payment to Affiliates located within Mexico will be made in Mexican Pesos (Moneda Nacional) at the current rate of exchange and payment to Affiliates located outside of Mexico will be made in your local currency at the current rate of exchange. There is no fee for bank transfers to Affiliates located within Mexico; there is a US$ 15.00 bank transfer fee for Affiliates located outside of Mexico, which fee will be deducted from the commission payment.

8. CANCELLATIONS

TC&P cannot be held responsible, or liable for cancellations of products and/or services purchased by a User from CancunTravel.com, for the length of time that a refund may take, in accordance to the Cancellation Policies each one of the suppliers have imposed in their contracts with TC&P. This is also applicable to credit card transactions.

The refunds will be processed to the credit card holder in full, after deducting any Supplier Cancellation Penalty, Administrative Expenses and Bank Charges and/or Commissions.

9. MODIFICATION

We may modify any of the terms and conditions contained in this Agreement, at any time in our sole discretion. Notification to you of any change by e-mail or posting of a change notice on TC&P and/or CancunTravel.com, at our sole option, shall be considered sufficient notice to you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Program rules. If any modification is unacceptable to you, your recourse is to terminate this Agreement. Your continued participation in the Program following our posting of a change notice or a new agreement on CancunTravel.com will constitute binding acceptance of the change.

10. TERM AND TERMINATION

This Agreement shall commence upon our acceptance of your Program Application and shall continue until terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Written notice can be in the form of mail, email or fax. You are only eligible to earn commissions on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable in accordance with Section 7.

11. REPRESENTATIONS AND WARRANTIES

You represent and warrant to us that you are not an Ineligible Party, as defined in Section 2, and that this Agreement has been duly and validly executed by you, by virtue of your checking the box in the Affiliate Registration form indicating that you are in accord with this Agreement, and which constitutes your legal and binding obligation, enforceable in accordance with its terms. That the execution and performance by you of this Agreement are within your legal capacity and power.

12. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold harmless us and our Affiliates, and their directors, officers, employees, agents, shareholders, and partners, against any and all claims, judgments, costs, and expenses (including reasonable attorneys' or other professionals’ fees) insofar as such claims, judgments, costs, and expenses (or actions in respect thereof) arise out of or are based on

Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein.

Any claim related to your Affiliate Site or Business including, without limitation, content or representations therein not attributable to us.

13. DISCLAIMERS AND LIMITATION OF LIABILITY

We make no express or implied warranties or representations with respect to the Program or any service, product or other items sold through the Program, 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 provided by us. In addition, we make no representation that the operation of TC&P will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this agreement or the program, even if we have been advised of the possibility of such damages. Further, our aggregrate liability arising with respect to this agreement and the program will not exceed the total commissions paid or payable to you under this agreement. The foregoing limitation shall apply regardless of the cause of action under which such damages are sought.

14. CONFIDENTIALITY, MEDIA COMMUNICATIONS

14.1 You understand and agree that the following terms and conditions will apply to certain information that we may disclose to you as a result of your participation in the Program information that we consider to be confidential (the Confidential Information). For purposes of this Agreement, Confidential Information shall include, but not be limited to, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any members of the Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement.

14.2 You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential 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.

15. INDEPENDENT INVESTIGATION

You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) engage in similar arrangements on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your affiliate site or business. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

16. GOVERNING LAW

This Agreement will be governed by the Federal laws of the Mexican United States without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in any location of the State of Quintana Roo and you irrevocably consent to the jurisdiction of such courts. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs, including expert witness fees.

17. ASSIGNABILITY

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 and enforceable against the parties and their respective successors and assigns. This Agreement is the complete Agreement between the parties and supersedes any prior oral or written agreement concerning the subject matter.

18. NO WAIVER

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 a provision or any other provision of this Agreement.

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