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Affiliate Terms of Service

1.                  Sports Traveler offers an affiliate program that enables its participants to earn commissions for sales of tickets and travel packages.  You desire to become an affiliate of Sports Traveler and participate in the affiliate program.

2.                  You agree that you are over the age of 18 and are legally able to enter into this Agreement.  You agree that You will complete an affiliate application form.  You further agree that any information You provide on the application form or any other information You provide to Us is true and correct at the time you provide it.  You further agree to update any information You provide to Us when the information changes or You become aware of any incorrect information.

3.                  You agree that by submitting an application to become an affiliate that such application does not entitle You to become an affiliate.  You agree that Sports Traveler may reject Your application for any, or no, reason and that you have no recourse for such rejection.

4.                  If We approve You as an affiliate, You will be granted a limited, non-exclusive license to use the Sports Traveler name and any trademark of Sports Traveler or any of its vendors or suppliers only when You are acting as our affiliate.  You have no permission to otherwise use the name Sports Traveler or any Sports Traveler trademarks or logos or any trademarks or logos of any of vendor or supplier to Sports Traveler.  You agree to abide by our requests to properly display the Sports Traveler name and trademarks and not to use the Sports Traveler name or any variation thereof and trademarks in any manner or way that would tarnish and/or disparage the name or reputation of Sports Traveler.

5.                  By entering into this Agreement, You agree that You are acting as an independent contractor and not as partner, joint venturer or agent of Sports Traveler.  You agree to pay all taxes and other charges as an independent contractor.  You have no legal authority to enter into any other contract or agreements or in any way bind Sports Traveler other than as set forth in this Agreement.  You agree that You will not sublicense or assign this Agreement or any of Your rights or obligations in this Agreement without Our prior written permission.

6.                  You agree to place a link on your website or in your newsletter in a form that We will provide to You.  You agree not to modify or otherwise change the link.  You agree that You will not use Our link in connection with any unsolicited electronic messages (SPAM) or in any manner that is contrary to the CAN-SPAM Act, any federal or state law or any rules or policies of the Federal Trade Commission.

7.                  As an affiliate, You are not licensed and are expressly prohibited from using any copy or content from any website owned or maintained by Sports Traveler or any of its affiliates without the express prior written permission of Sports Traveler.

8.                  We agree to pay You a commission for all sales of tickets and sports travel packages that are sold through the Sports Traveler website as a result of Your link to Our website.  For all sales of tickets, You will be paid a commission computed as seven percent (7%) of the actual paid price of the ticket.  For travel packages, You will be paid a commission computed as three percent (3%) of the actual, paid price of the travel package.  Commissions will be calculated thirty (30) days after the event or conclusion of the travel package, whichever is later.  Commission will be paid monthly and only when the balance to be paid to You is $200 or more.  For amounts under $200, the balance will be carried from month-to-month until the balance is over $200.  For purposes of computing the commission, the paid price is the amount of funds that Sports Traveler has received from a person or entity that has used Your link to come to Our site within ___ days of purchase of the tickets and/or travel package.  In order to receive a commission, the person linking to Our site must have “cookies” enabled.  If cookies are not enabled, We will be unable to credit You for the sale and You will not receive any commission.  The price of the tickets and/or travel package is net of any discounts or gift certificates that the purchaser may use.  Commissions also are net of any charge backs to Your account by any credit card company or other entity.  We will not pay any commissions on any event or travel package that is cancelled by the third party vendor or where an act of God, terrorism, natural disaster, strike or other event out of Sports Traveler’s control results in the cancellation, postponement, termination or abatement of any event.

9.                  You agree that We reserve the right to reject any and all sales generated by You and Your link for any, or no, reason and that You agree You shall have no recourse against Us.

10.              You understand and agree that Sports Traveler is a broker for tickets and travel packages obtained from third parties.  As a broker, Sports Traveler is not liable for any cancellation of any event or travel package.  All prices concerning tickets and travel packages are obtained from third parties who may change the prices at any time without notice to us.  Sports Traveler will inform You as to any price changes or cancellations on tickets or travel packages when Sports Traveler receives such notifications from the third parties but is under no obligation to inquire of our vendors as to changes in prices.  Sports Traveler is not liable for any damages, direct or indirect, caused by any cancellation, postponement or change in any event or travel package.

11.              You agree to indemnify and hold Us harmless against any and all claims or potential claims, lawsuits, judgments, liabilities, including, but not limited to costs and attorneys’ fees for any action taken or not taken by You regarding this Agreement and Your affiliate relationship with Sports Traveler, or for the violation of any laws, statutes, regulations or policies and/or any actual or threatened breach of this Agreement and/or misuse of any intellectual property of Sports Traveler or any of its affiliates, vendors and suppliers.

12.              This Agreement may be modified at any time by Sports Traveler.  Any changes will be posted on the Sports Traveler website and such changes, unless otherwise noted, will become effective upon posting.  We are not obligated to provide you with any other notice concerning changes to this Agreement.  Your continued linking to our site constitutes approval and acceptance of any and all changes made to this Agreement by Sports Traveler.  You may not amend this Agreement in any way without the express written signed approval of Sports Traveler.  Any attempt to modify this Agreement without such approval is hereby rejected.

13.              Sports Traveler makes no WARRANTY OR REPRESENTATION OR GURARANTEE WITH REGARDS TO ANY TICKETS OR TRAVEL PACKAGE OFFERED BY IT AND SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS EXPRESS OR IMPLIED ARISTING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANT OF MERCJHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ARISING FROM THIS AGREEMENT OR ANY COURSE OF ACTION BETWEEN SPORTSTRAVELER AND YOU.

14.              You understand and agree that by its inherent nature that the website and the Internet is unstable and that Sports Traveler cannot warrant or guarantee and does not warrant or guarantee that its website will be available at any particular time or that it will be error free or virus free.  All prices are subject to change, to correction and to modification without notice to You.

15.              You agree that this Agreement is fully performable in Cook County, Illinois.  For purposes of jurisdiction and venue, You agree that any action arising out of or in regard to this Agreement shall be brought only in Cook County, Illinois and You waive any argument of forum non convenience.  You agree that this Agreement shall be interpreted using the laws of the State of Illinois without resort to its conflicts of laws provisions.

16.              You agree that this constitutes the entire agreement between You and Sports Traveler regarding the subject matter herein and supercedes any other agreement, oral or in writing.

17.              You agree that failure to enforce any provision of this Agreement does not constitute a waiver to enforce this Agreement in the future.

18.              You agree that Sports Traveler may terminate You as an affiliate at any time with or without cause.  You agree that if We terminate this Agreement, your only recourse shall be to obtain any commissions that may be owing to You at the time of such termination. 

19.              You agree that You have read this entire Agreement, that You agree to be bound by all of its terms.  You further agree that if you are a corporation or other entity that You have the legal authority to bind Your corporation or other entity.