Affiliate Terms and Conditions

This Affiliate Agreement (“Agreement”) contains the terms and conditions that apply to your participation as an affiliate (“you” or “Affiliate”) in the World-Traveler-Club (the “Company”) Affiliate Program. Affiliate acknowledges that it may participate in the World-Traveler-Club Affiliate Program only under the terms and conditions set forth below, and that subsequent to World-Traveler-Club accepting this Agreement,  World-Traveler-Club will, in its sole discretion, determine whether or not to accept Affiliate into World-Traveler-Club ’s Affiliate Program.

By submitting an application to become an Affiliate, you warrant that you have read and understand this Agreement, and you agree to be bound by it.

To begin the enrollment process, you must submit a complete Affiliate Program Application via the World-Traveler-Club Site. We will evaluate your application and notify you of your acceptance or rejection. We reserve the right in our sole and absolute discretion, to accept or reject your application for any or for no reason whatsoever.

Upon notice of acceptance of your application, this Agreement shall be effective between you and the World-Traveler-Club (“us” or “we”). If we reject your application you will not be able to participate in the Company Affiliate Program.

 

1. OVERVIEW

World-Traveler-Club / Negara AG (“Company”), operates the  www.world-traveler-club.com Website. As part of its Website, World-Traveler-Club offers the World-Traveler-Club Affiliate Program (the “Program“), through which approved Publishers providing marketing services through owned or third party websites, subscription services, promotional services, and/or syndicated services are granted a limited, non-exclusive right to: (i) advertise and promote World-Traveler-Club goods, membership plans and services and the World-Traveler-Club web site in a manner in compliance with this Agreement (defined below) and the Publisher Service Agreement between World-Traveler-Club (ii) post or circulate an approved graphical or textual internet hyper-link (the “Link”) to the World-Traveler-Club web site; and (iii) direct visitors to the web site (the specific URL) designated by World-Traveler-Club (the “Destination Site”).

“Affiliate” means any person or entity that has submitted an Affiliate Program Application and has been accepted for participation in the World-Traveler-Club Affiliate Program in accordance with the terms of this Agreement.

Affiliate are offered the opportunity to earn a commission for referring visitors to the World-Traveler-Club web site who complete the Transaction required under the Program on the World-Traveler-Club’s Destination Site. The commission rate will be set forth within World-Traveler-Club Affiliate Program and may be changed from time to time by World-Traveler-Club with seven (7) days written notice through the Network Service (via the “Replace” option) with effect from the 8th day (or such later date as specified by World-Traveler-Club). Payment of commissions earned by Publisher / Affiliate for valid World-Traveler-Club transactions shall be made by World-Traveler-Club through our Payment Partners in accordance with the terms of the Program.

  1. Valid World-Traveler-Club Transactions are defined as successful subscription of a premium member (gold or platinum) or a purchase transactions of qualified products taking place in the World-Traveler-Club shopping cart.
      1. Affiliate is eligible for commissions on the initial subscriptions, purchase of services only, any additional or subsequent purchases and subcriptions including the customer’s addition of accounts or upgrades are not eligible. Renewals of existing services are not eligible for commissions.
      2. New customer transactions will be tracked separately from returning customer transactions and will be paid according to the commission amounts listed in the Program Terms.
      3. Services must remain open and paid for a period of 45 days in order to be eligible for commissions.
      4. Affiliate are not eligible for commissions on Virb, Nitro, Helix services, Booster Pack, Security Pack, TrueSpeed CDN, CloudTech On Demand, Site Mover, Dedicated Hosting, and Enterprise Solutions.

2. Approval

  1. Participation in the Program is subject to World-Traveler-Club’s approval. Prospective Affiliate must first submit an application to World-Traveler-Club in order to become an approved Publisher eligible to post Links to the World-Traveler-Club Web site and earn commissions. After the application has been submitted, World-Traveler-Club will have the option of approving or declining the application for any reason or no reason.
  2. If approved, the Publisher/You will have already acknowledged acceptance of this Agreement by having clicked through the button, having checked the box stating “Yes, I have read and accepted the following terms and conditions” and having clicked the button to continue, thereby assenting to the Special Terms and Conditions of the Program between World-Traveler-Club and Publisher (also referred to as this “Agreement”). This Agreement shall apply only to approved Affiliates who accept the Special Terms and Conditions of the Program and only Affiliate who accept this Agreement may participate in the Program.
  3. Other than for the payment of commissions, Affiliate shall have no claims to any additional compensation, commissions or business derived by or through a Destination Site.
  4. Participation in the Program does not constitute an employment, broker or agency relationship between Publisher and World-Traveler-Club nor does it create any partnership, joint venture, franchise, or sales representative relationship between the parties.
  5. For affiliates requesting cash, PayPal payments will be paid out monthly on the first week of each month. Please refer to the PayPal account set-up requirements for your country, which may be found here, to ensure your PayPal account has the ability to receive payments from third parties.

2.1. Payment

World-Traveler-Club will pay Affiliate the full commission via PayPal into Affiliate’s personal, premier or business PayPal account, with a minimum payment threshold of € 50.00 (Fifty Euro). Affiliate will be responsible for any fees (including PayPal fees), if any, for receiving the payment.

  •  World-Traveler-Club reserves the right to adjust the Referral Fee payable to Affiliate the extent of any reporting errors, fraudulent sales, fraudulent or automated clicks or intentional manipulations of the registration or sales process, all as determined in our sole discretion.
  • World-Traveler-Club reserves the right to change the Referral Fees payable hereunder by providing notice to you (including by email) and/or reflecting such changes on the Affiliate Program Site. Any decrease to the Referral Fees shall become effective immediately upon the earlier of (i) providing notice to you, or (ii) posting of the new Referral Fee on the Affiliate Program Site.
  • Each one-time Referral Fee is calculated based on the type of subscription plan for which the qualifying referral initially subscribes when it upgrades to a paid plan.
  • The Referral Fee will be verified by Company 45 days after the customer payment to avoid refunds, chargebacks, and downgrades. If the Customer downgrades to free, deletes an account or demands a refund during the verification period, no commission is paid. If a Customer downgrades from Enterprise to Professional account during the verification period, the commission is paid for the Professional subscription.
  •  World-Traveler-Club shall pay you any such Referral Fees approximately 30 days after the date when the payment was verified. Notwithstanding anything herein to the contrary, there may be up to 35 days delay between the reporting of a sale and the reporting of Affiliate’s Referral Fee through Affiliate’s Account page in our service, and adjustments for chargebacks may be made up to 45 days after the reporting of the purchase.
  • In order to receive Referral Fee payments, you must maintain a valid Paypal account or a bank account. If you do not provide us with your PayPal account, we will email you when you first earn a Referral Fee to ask for a Paypal email address, in which case we will use commercially reasonable efforts to notify you in 45 days from the date on which you earn a Referral Fee. We will pay all Referral Fee to the email address you provide, and you are solely responsible to ensure the accuracy of the Paypal account information.

 

3. Advertising Requirements and Exclusions

  1. You agree to use only the World-Traveler-Club-approved banners and ad text found within the Program. You will not alter or revise World-Traveler-Club’s creatives, content or Links without prior approval. Publishers must obtain express written authorization from World-Traveler-Club regarding the use of any custom creatives or use of any World-Traveler-Club intellectual property.
  2. You agree to only use coupon codes that are specifically supplied to You through the Program. Any and all commissions earned on sales in violation of the above coupon code policy, will be reversed. World-Traveler-Club does not pay commissions on purchases made by customer with the following coupon codes: a coupon code not supplied through Program, a coupon code from an internal World-Traveler-Club or private discount code, a coupon code supplied in World-Traveler-Club customer emails, and any coupon that states on its landing page that it is “not compatible with the affiliate program”.
  3. You agree to assume all responsibility for, and risk associated with, all content you submit, transmit, email, upload, link to, display, disseminate, facilitate access to or otherwise make available in connection with your participation in the Program. This includes any reliance on the accuracy, completeness, truthfulness, appropriateness, legality or usefulness of such content. You warrant and represent that you possess all legal right to, or have obtained all necessary permissions to use any and all content you make available or use in connection with your participation in the Program.
  4. You may not post adult-oriented content on any page on which Advertising appears. Company considers content to be “adult” if it contains nudity, is sexually explicit, pornographic, lewd, obscene, primarily intended for sexual gratification or is otherwise inappropriate for minors, as determined in Company’s sole discretion.
  5. You agree that the use of “cookie stuffing” techniques that set the tracking cookie without the user actually clicking on the affiliate link (e.g. a 1×1 pixel iframe) is strictly prohibited.
  6. You agree not to refer visitors or complete Transactions through illegal or fraudulent means, including, without limitation: (i) domain speculation; (ii) email, forum, blog or social media SPAM; (iii) forced iframes; (iv) through CPC ads using the World-Traveler-Club marks or in any way exploiting the World-Traveler-Club brand name; or (v) through any other means which World-Traveler-Club determine, in their sole discretion, is questionable;
  7. You agree that Your web site shall not in any way copy or resemble the look and feel of World-Traveler-Club’s web site, and You shall not create the impression that Your site is a part of World-Traveler-Club’s sites. You shall not use World-Traveler-Club’s trademarks, or any variation or misspellings thereof, in Your URL, company name, business name or site name. You shall not frame or permit the framing of any page of World-Traveler-Club’s network.
  8. You may not use any mark of World-Traveler-Club or any variation thereof, in any manner not expressly authorized by this Agreement. In particular, You may not use any mark of World-Traveler-Club, or any variation thereof, directly or indirectly in (a) metatags, (b) in hidden text, page titles or source code, (c) in Your domain or sub-domain, and/or (d) any other manner. You may not engineer Your site in such a manner that pulls Internet traffic away from World-Traveler-Club’s website. You agree to not utilize, advertise or otherwise promote, any mark of World-Traveler-Club in the headline or description copy associated with pay-for-placement search engines or paid search engine advertising. Unless You have explicit, written approval from World-Traveler-Club, You may not bid on any mark of World-Traveler-Club (including trademark+), on any pay-for-placement search engines. If World-Traveler-Club determines, in its sole discretion that You have violated any of the foregoing prohibitions, World-Traveler-Club may seek any and all remedies available to it, including, among other things, the immediate termination of this Agreement and/or the commencement of an action by World-Traveler-Club against You seeking, without limitation, injunctive relief and/or recovery of actual, statutory and/or punitive damages. Further, You acknowledge and agree that You shall have no right to receive any commissions on any sales You generate or assist in generating during any times when You are in violation of this Agreement or other policies of World-Traveler-Club.
  9. Publishers are required to comply Essentially, directories, blogs and other websites, email or other collateral that purport to provide an endorsement or assessment of World-Traveler-Club must prominently disclose the fact financial or in-kind compensation is provided from the advertiser. If you want more information, please visit
  10. Additionally, You agree to abide by all Policies as specified in the World-Traveler-Club Program Terms.

4. Obligations of Company

  1. Upon acceptance of your application, you will have the ability to enter the password-protected site for the Affiliate Program (“Affiliate Center”). The Affiliate Center will contain certain sales reports related to your Affiliate relationship with Company. These reports will contain estimates of (i) the number of users registered on the Company Site from your use of Advertising and (ii) the Referral Fees payable to you pursuant to Section 2, above. Affiliate acknowledges that there may be delays in the reporting of information and the Referral Fees paid to you, and adjustments for chargebacks may be made after reporting of any sale.
  2. Company shall provide you with all Advertising and you shall only use Advertising provided by Company in promoting Company and/or the Company Products and Services. The Advertising available for your use will be made available on the Affiliate Center. Company shall be solely responsible for creating and modifying all Advertising.

5. Use of Advertiser Content

  1. Affiliate agrees that it is sublicensed only the exact Advertising provided by World-Traveler-Club and only in the form and manner available from and as specified by World-Traveler-Club. Advertiser shall have complete discretion to evaluate Affiliate ‘s use to decide whether that use violates any applicable terms and conditions.
  2. Affiliate may not distribute, transfer, sublicense or otherwise use the Advertising in a manner inconsistent with this Agreement.
  3. Affiliate acknowledges that World-Traveler-Club owns and will retain all right, title, and interest in the Advertising, including, without limitation, any proprietary rights that may be developed in the future.
  4. Affiliate will ensure that the presentation of the Advertising is consistent with World-Traveler-Club’s own use of the Advertising in comparable media.
  5. Affiliate will not remove or modify any trademark, service mark, or privacy policy notices from the Advertising.
  6. Affiliate will not present or use the Advertising: (i) in a manner that could be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of Company, or Company’s representatives; (ii) in a manner that is misleading, defamatory, libelous, obscene, or otherwise objectionable, in ’World-Traveler-Clubs reasonable opinion; (iii) in a way that infringes, derogates, dilutes, or impairs the rights of the Advertising; or (iv) as part of a name of a product or service of a company other than Company.
  7. Affiliate will immediately make any changes to its use of the Advertising as are requested by World-Traveler-Club.
  8. Affiliate will not publish any prices, special offers or discounts in connection with the Advertising on its Website(s), unless such prices, special offers or discounts were included by World-Traveler-Club  in the unmodified Advertising.
  9. ALTERING OR ANY UNAUTHORIZED USE OF THE ADVERTISING IS STRICTLY PROHIBITED. YOU AGREE THAT BREACH OF THIS SECTION MAY RESULT IN IMMEDIATE TERMINATION FROM THE PROGRAM IN WHICH CASE YOU AGREE TO FORFEIT ALL FEES PAYABLE TO YOU.

 

6. Term and Termination

  1. The term of this Agreement shall be continuous, unless and until either party properly terminates this Agreement and the relationship, in accordance with the following:
    (i) World-Traveler-Club shall provide Publisher with seven (7) days written notice via the e-mail; or (ii) Publisher shall use the automated system within the Affiliate System to expire the affiliation and Publisher shall comply with Sections 4(D)(v) and 4(D)(vi) below.
  2. This Agreement may be terminated immediately by World-Traveler-Club in the event that Publisher: (i) violates the PSA; or (ii) violates this Agreement.
  3. Upon any termination of this Agreement, World-Traveler-Club and Publisher will be released from all obligations and liabilities to the other party occurring or arising after the date of such termination or the transactions contemplated hereby, except with respect to those obligations which by their nature are designed to survive termination or as provided herein, provided that no such termination will relieve Publisher from any liability arising from any breach of this Agreement occurring prior to termination.
  4. Upon termination of this Agreement, (i) World-Traveler-Club’s acceptance of additional referrals obtained through Publisher shall not constitute a continuation or renewal of this Agreement or a waiver of such termination, (ii) Publisher shall be entitled only to those unpaid commissions, if valid, earned by Publisher on or prior to the date of termination, (iii) Publisher shall in no event be entitled to commissions with respect to any amount of valid referrals delivered after the date of termination, (iv) all rights and licensees of Publisher hereunder shall immediately terminate, (v) Publisher shall cease all uses of any trade names, trademarks, service marks, logos and other designations of World-Traveler-Club or the Program, and (vi) Publisher shall remove all World-Traveler-Club links.

7. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL WORLD-TRAVELER-CLUB BE LIABLE WHETHER IN TORT, CONTRACT OR OTHERWISE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR ANY LOSS OF REVENUE, PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE FAILURE, OR OTHER PECUNIARY LOSS) ARISING FROM OR RELATING TO ANY PROVISION OF THIS AGREEMENT OR THE AFFILIATE PROGRAM. EXCEPT WITH RESPECT TO ANY OUTSTANDING REFERRAL FEES WHICH ARE PAYABLE TO AFFILIATE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, COMPANY’S AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT SHALL NOT EXCEED THE LESSER OF (I) THE AMOUNT OF FEES PAID TO AFFILIATE PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING ANY CLAIM, OR (II) Euro 800.

 

7. Additional Terms

  1. The provisions of this Agreement are severable. If any provision of this Agreement, or the application thereof to any person or circumstance shall be deemed invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect the other provisions of this Agreement that can be given effect.
  2. No delay or failure by World-Traveler-Club in exercising any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right.
  3. The rights and remedies of World-Traveler-Club are not mutually exclusive; that is, the exercise of one or more of the provisions hereof shall not preclude the exercise of any other provision hereof.
  4. This Agreement shall be deemed a mutual agreement and shall not be construed and/or interpreted in favor or against either party on the basis of preparation of the Agreement.
  5. By applying to the Program through the Network Service, and by clicking–through the “Join Program” button and clicking to continue after checking the box acknowledging Your reading of this Agreement, You execute, accept, enter into, and become a party to this Agreement, effective on the date of such acceptance to this Agreement.
  6. World-Traveler-Club reserves the right to modify the terms and conditions of this Agreement in its sole discretion upon seven (7) days written notice through the Network Service (via the “Replace” option) with effect from the 8th day (or such later date as specified by World-Traveler-Club) to Publisher. If any modification is unacceptable to Publisher, Publisher’s sole recourse is to terminate this Agreement by expiring the relationship and/or rejecting the new Program Term offered. Publisher’s continued participation in the Program by accepting the newly offered Program Term with new terms and conditions for this Agreement constitutes Publisher’s binding acceptance to the change.
  7. This Agreement shall be governed by the laws of Switzerland, except for its conflict of law provisions. The exclusive forum for any actions related to this Agreement shall be in the state courts in Switzerland  and, to the extent that federal courts have exclusive jurisdiction, in Switzerland. Publisher consents to such venue and jurisdiction.
  8. Official notices to World-Traveler-Club should be sent to:  info (at) world-traveler-club . com

 

BY APPLYING FOR WORLD-TRAVELER-CLUB AFFILIATE PROGRAM AND CLICKING ON THE ACCEPTANCE BUTTON, YOU ARE SIGNIFYING YOUR AGREEMENT TO BE PRESENTLY BOUND BY THE TERMS OF THIS AGREEMENT TO THE SAME EXTENT AS IF YOU HAD PERSONALLY SIGNED THIS AGREEMENT.

 

Switzerland, December, 2019