As a condition to becoming a promoter of the CauseTravel.com (the "Program"), the Fundraiser must agree to this Agreement with Every Good Cause, Inc. ("EGCINC"). By having initialed and completing the online registration you agree and acknowledge that: (i.) you are an authorized representative of the Fundraiser and that you have the right, authority, and capacity to enter into this Agreement on behalf of the Fundraiser; (ii.) that the Fundraiser agrees to abide by the terms and conditions in this Agreement; and (iii.) by entering into this Agreement, Fundraiser is not violating any applicable laws. All references in this Agreement to "you" refer to the person reading and accepting these terms on behalf of the Fundraiser.
Fundraiser Responsibilities
Fundraiser will act as a non-exclusive promoter of the Program. Fundraiser will refer all potential participants in the Program to the Program’s website located at https://{sitename}.cuasetravel.com (the "Website"). All bookings and sales will be processed through the Program’s website. Fundraiser hereby agrees and acknowledges:
Fundraiser is not authorized to make any sales or collect any funds on behalf of EGCINC.
Fundraiser will not, and will ensure that its representatives do not, make any representations or warranties regarding EGCINC or the Program or make any commitment on EGCINC’s behalf other than as set forth on the Website. Fundraiser will, and will ensure that its representatives, promote the Program in a professional manner that will reflect favorably on EGCINC and the Program.
Fundraiser will abide by all applicable laws.
All registration information Fundraiser has provided to EGCINC or will provide to EGCINC is truthful, accurate and complete and continues to be truthful, accurate and complete.
Referral Fees
During the term of this Agreement; within thirty (30) days of each consumed booking and receipt of payment for such bookings by EGCINC, EGCINC will pay to Fundraiser as follows;
Hotels: The mutually agreed upon percentage of the net hotel booking amount paid by the guest for each consumed hotel stay made from the Fundraisers Website.
Flights: The mutually agreed upon percentage of the gross amount paid to EGCINC for each consumed flight made from the Fundraisers Website.
Car Rentals: The mutually agreed upon percentage of the net car rental booking amount paid by the renter for each consumed car rental made from the Fundraisers Website.
Vacations: The mutually agreed upon percentage of the net vacation booking amount paid by the vacationer for each consumed vacation made from the Fundraisers Website.
Termination
This Agreement will automatically renew on its anniversary date. Prior to such time, either party may terminate this Agreement at any time, provided that such termination will not relieve EGCINC’s obligation to pay a Referral Fee for consumed bookings that were completed prior to termination of this Agreement. The obligations under the Sections titled "Limitation of Liability" and "Miscellaneous" will survive any termination of this Agreement.
Limitation of Liability
You acknowledge that EGCINC has made no representations or warranties, implied or explicit, including any implied warranties of merchantability or fitness for a particular purpose, regarding the Program.
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER PARTY NOR ANY OF ITS PERSONNEL, AFFILIATES, PARTNERS, AGENTS AND SUPPLIERS, WILL HAVE ANY LIABILITY TO THE OTHER PARTY OR ITS PERSONNEL, AFFILIATES, PARTNERS, AGENTS AND SUPPLIERS, BY REASON OF THE TERMINATION OF THIS AGREEMENT OR OTHERWISE, FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, SUCH AS COMPENSATION FOR LOSS OF PRESENT OR PROSPECTIVE PROFITS OR REVENUES OR LOSS OF ACTUAL OR ANTICIPATED FEES, WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Amendments; Updates
Fundraiser acknowledges that EGCINC may update this Agreement from time to time, and Fundraiser agrees to be bound by any subsequent update to this Agreement effective thirty (30) days after written notice of such update is provided to Fundraiser pursuant to the section titled "Notices". If Fundraiser does not accept the updated Agreement, it may terminate this Agreement prior to the end of such thirty (30) day period. The most recent version of this Agreement can be found at the Website at http://www.cuasetravel.com/terms/. Though Licensor will attempt to notify Customer of any material changes in the Terms of Use by sending an email to the Customer’s registered email address, it is the Customer’s responsibility to check for updates to the Terms of Use and any such update shall be effective even if Customer does not receive notice of such update. If Customer does not consent to the updated Terms of Use, Customer can discontinue use of the Service. Customer’s continued use of the Service will constitute acceptance of the updated Terms of Use.
Trademarks: Logos
EGCINC hereby grants to Fundraiser a nonexclusive right to use the Cause Travel name, trademarks and logos, solely in connection with marketing and promoting the Program. Fundraiser will comply with EGCINC’s guidelines for using its logos and trademarks, and will reasonably cooperate with EGCINC in monitoring Fundraiser’s use of the EGCINC trademarks and logos. Fundraiser hereby agrees that EGCINC shall have the right to use Fundraiser’s name, logos and trademarks on the Website and its other marketing materials for purposes of indicating that Fundraiser is a Fundraiser of the Program, subject to any reasonable use guidelines provided by Fundraiser.
Notices
Any notice that a party to this Agreement may be required or may wish to give to the other party may be given by sending the notice by email: (i) in the case of EGCINC, to info@causetravel.com and, (ii) in the case of Fundraiser, to the email address provided by Fundraiser during the registration process.
Independent Contractor Relationship
Fundraiser’s relationship with EGCINC will be that of an independent contractor, and nothing in this Agreement should be construed to create a partnership, joint venture, or employer-employee relationship. Fundraiser agrees that (a) it is not an agent of EGCINC; (b) is not authorized to make any representation, contract, or commitment on behalf of EGCINC, other than as authorized by an officer of the EGCINC; and (c) will be solely responsible for all tax returns and payments required to be filed with respect its performance of services and receipt of fees under this Agreement. If applicable, EGCINC will report amounts paid to Fundraiser by filing appropriate forms with the Internal Revenue Service, as required by law.
Miscellaneous
This Agreement will be governed by and interpreted in accordance with the laws of the State of Florida, without regard to conflict of laws principles thereof. FUNDRAISER AND EGCINC AGREE THAT THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT, THE PROGRAM OR ANY REFERRALS TO THE PROGRAM IS THE STATE AND FEDERAL COURTS IN FLORIDA. FUNDRAISER AND EGCINC CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. EACH PARTY AGREES TO WAIVE SUCH PARTY’S RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY ACTION RELATING TO THIS AGREEMENT, THE PROGRAM OR ANY REFERRALS TO THE PROGRAM. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement, the Program or any referrals to the Program shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and actual attorney’s fees incurred.
This Agreement forms the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or as provided in the section titled "Amendment; Updates." Any provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. The heading references herein are for convenience purposes only, do not constitute a part of Agreement, and shall not be deemed to limit or affect any of the provisions hereof. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The parties further agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provision.
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