Affiliate Terms and Conditions

Last revised on November 29, 2018

Agreements

In order to maintain a high quality affiliate program, Gray Line Corporation, Inc. reminds all applicants that affiliate website(s) and online activity must comply with Gray Line’s standards. By filling out and submitting this form, you agree to all terms of the Gray Line Corporation, Inc. Affiliate Program, including but not limited to the following obligations:

  • Not to mislead others;

  • Not to use promotional means that contain objectionable content, including but not limited to content that is misleading, libelous, defamatory, obscene, violent, bigoted, hate-oriented, illegal, and/or promoting illegal goods, services or activities;

  • Not to engage in and/or facilitate spamming, indiscriminate advertising or unsolicited commercial email; and/or

  • Not to infringe on the Gray Line Corporation, Inc.’s or a third party's proprietary rights.


Terms & Conditions

Gray Line Corporation, Inc. Affiliate Program Summary

Our program is free to join, easy to sign-up and requires no technical knowledge. All you need is your own website! Affiliate programs are common for ecommerce websites such as grayline.com, and offer website owners an additional way to earn a profit from their websites and traffic. With the Gray Line Affiliate Program, you will be able to generate traffic and sales for grayline.com and in return receive a commission payout. The Gray Line Affiliate Program allows you to earn commissions by sending customers who make a purchase from your website to grayline.com.Gray Line follows a pay-per-sale format, meaning that every time a customer sent from your website makes a purchase, you will receive a commission. When you join the Gray Line Corporation, Inc. Affiliate Program, you will be supplied with unique affiliate links that you can use on your website or in your emails. You can promote these as much as you wish. When a user clicks on one of your links, they will be brought to grayline.com and their activity will be tracked. You will earn a commission if they purchase one of our tour products. There is no limit to the amount of commission you can earn. The Gray Line Affiliate Program offers a commission of 5% for pay-per complete sale. We do not offer a commission for pay-per-click or pay-per-lead. Payments will be issued by our third party payment processor on the date of customer travel. For example, if a customer purchases a tour in September but does not travel until October, you will be paid in October.


Enrollment

How to enroll. To begin the affiliate enrollment process, you must submit a completed program application available through the Gray Line Corporation, Inc. site. You will ensure that the information in your Gray Line Corporation, Inc. Affiliate Program Application and otherwise associated with your account, including but not limited to your email address and other contact information, is at all times complete and accurate. We may send any notifications, approvals, and/or other communications related to the Gray Line Corporation, Inc. Affiliate Program Application and this agreement to the email address then-currently associated with your account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.  

Evaluation of Your Application.  

We will evaluate your Gray Line Corporation, Inc. Affiliate Program Application and notify you of your acceptance or rejection. We may reject your application in our sole discretion for any or no reason. For example, and without limiting the generality of the foregoing, we may determine that you are ineligible to participate or that your site is unsuitable for the program because it includes any objectionable content or that you are engaged in conduct prohibited by this agreement. If we reject your application, you are welcome to reapply for participation in the Program at any time.


Affiliate Website Requirements

At all times during your participation in the Program, you will ensure that your Site(s) do not:
(1) depict or promote violence or sexually explicit material;
(2) depict or promote materials that are fraudulent, defamatory or obscene;
(3) promote illegal activities or unlawful discrimination of any kind;
(4) promote or contain any materials which infringe or assist others to infringe the intellectual property rights of others;
(5) contain any images or content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable;
(6) otherwise violate any law and regulation;
(7) contain any spyware, malware, virus, worm, trojan horse, or other subversive, malicious, or harmful code, or any application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other device;
(8) copy or resemble the look and feel of Gray Line Corporation, Inc.’s properties or create an impression that your Site(s) are part of Gray Line or any Corporate Affiliate of Gray Line.
If your Site(s) are not in compliance with any of these requirements (or any other terms and conditions of this agreement), we may, in our sole discretion and without limiting any other right or remedy to which we may be entitled, (a) remove the affiliate site from the program; (b) terminate this agreement; and/or (c) require you to refund any payments made during such non-compliance.


Coupons and Vouchers

Without Gray Line Corporation, Inc.’s prior written approval, you may not display Travel Content that includes coupon, voucher, or discount codes (“Coupon Codes”) unless Gray Line Corporation, Inc. provides the Coupon Codes directly to you. If Gray Line Corporation, Inc. provides Coupon Codes to you, you agree that (i) that you will only display the specific Coupon Codes that Gray Line Corporation, Inc. makes available to you; (ii) that you will not use any functionality whereby the user must click any link to reveal the Coupon Code, and (iii) that you may receive reduced Marketing Fees for Consumed Transactions in which the Coupon Code was redeemed.


Displaying Travel Content  

After Gray Line Corporation, Inc. has informed you that your Program Application has been accepted, Gray Line Corporation, Inc. will provide you with access to graphic and/or text hyperlinks for display on your Site(s).  You agree not alter, modify or otherwise change the Program Links without Gray Line Corporation, Inc.’s prior written consent. Gray Line Corporation, Inc. may also provide you with access to Travel Content for display on your Site(s) from one or more of the following sources:    

(1) Widget Wizard.  The “Widget Wizard” is a tool that creates widgets that enable Users to search for Gray Line Corporation, Inc. Travel Products.  If we provide you with access to the Widget Wizard or any widgets, you will not alter or amend such content and you may only display such content for the sole purpose of linking from your Sites directly to Gray Line Corporation, Inc. and promoting the Travel Products.

Publicity

You will not release any publicity, advertisement, news release, or public announcement, regarding any aspect of the affiliate agreement or the relationship between affiliate and Gray Line Corporation, Inc. without Gray Line Corporation, Inc.’s prior written approval.  


Term and Termination

When The Program Agreement Begins and Ends. The term of this agreement will begin upon our acceptance of your application and will end when terminated by either you or us.  Either you or we may terminate this agreement, with or without cause, by giving the other party seven (7) days prior notice of termination. If either party is in breach of this agreement, the other party may terminate this agreement immediately upon notice.
What Happens Upon Termination. Upon any termination of this Program Agreement for any reason:
(1) you shall be entitled only to those unpaid affiliate commissions, if valid, you earned on or prior to the date of termination;
(2) you will not be entitled to affiliate commissions for any amount of referrals delivered after the date of termination;
(3) any and all licenses you have with respect to the Gray Line Corporation, Inc. content and materials will automatically terminate;
(4) you will immediately stop using the Gray Line Corporation, Inc. content and materials, and promptly remove from your site and delete or otherwise destroy all links to the Gray Line Corporation, Inc. site and any other materials provided or made available by or on behalf of us to you under this agreement or otherwise in connection with the Gray Line Corporation, Inc. Affiliate Program
No termination of this Program Agreement will relieve either party for any liability for any breach of, or liability accruing under this Program Agreement prior to termination.

Indemnification

You will indemnify, defend, and hold harmless us and our corporate affiliates, and ours 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' or other professionals’ fees) that arise out of or are based on (1) any claim that our use of your trademarks, logos, services marks, trade names, and any other materials you provide to us infringe on any trademark, trade name, service mark, copyright, license, intellectual property, or another proprietary right of any third party, (2) any breach of a representation, warranty, or covenant you make under this Program Agreement, or (3) any claim related to your Site(s), advertising, or other content.  You will not stipulate, admit, or acknowledge any fault or liability on Gray Line Corporation, Inc.’s part or settle any claim related to this Section without Gray Line Corporation, Inc.’s or its Corporate Affiliates’ (as the case may be) express, prior written consent. Gray Line Corporation, Inc. may participate in the defense of such claims at its own expense and with counsel of its own choosing.

Disclaimers

OTHER THAN AS EXPRESSLY SET OUT IN THIS PROGRAM AGREEMENT, Gray Line Corporation, Inc. DOES NOT MAKE ANY PROMISES ABOUT THE PROGRAM.  FOR EXAMPLE, Gray Line Corporation, Inc. DOES NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE PROGRAM, THE SPECIFIC FUNCTION OF THE PROGRAM, OR ITS PROFITABILITY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET PUBLISHER’S NEEDS. Gray Line Corporation, Inc. PROVIDES THE PROGRAM, MATERIALS, PROGRAM DOCUMENTATION, TRAVEL CONTENT, Gray Line Corporation, Inc. TRAVEL PRODUCTS, Gray Line Corporation, Inc. SITE, AND Gray Line Corporation, Inc. MARKS “AS IS”.  TO THE EXTENT PERMITTED BY LAW, Gray Line Corporation, Inc. EXCLUDES ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED. Gray Line Corporation, Inc. EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL OR DATA) RELATED TO THE PROGRAM AGREEMENT OR THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THE PROGRAM AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE GREATER OF: (I) THE TOTAL MARKETING FEES PAID TO YOU UNDER THIS PROGRAM AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE MOST RECENT EVENT GIVING RISE TO THE CLAIM OCCURRED, OR (II) US $50.  THE FOREGOING LIMITATION WILL APPLY REGARDLESS OF THE CAUSE OF ACTION UNDER WHICH SUCH DAMAGES ARE SOUGHT.

Modification

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. Modifications may include, but are not limited to, changes in the payment procedures and Gray Line Corporation, Inc.'s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Gray Line Corporation, Inc.'s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

Payment Terms

(a) Eligibility: Except in jurisdictions in which such a transaction is not permitted, You are eligible to earn affiliate commissions during the term of these Affiliate Terms, according to the calculation described below.

(b) Amount due: The exact amount of affiliate commissions due to You will by default be 5% commission of the total amount processed.

(c) Payment of affiliate commissions will be made on a monthly basis. Payments will be issued by our third party payment processor on or up to 60 days after the date of travel. If Your account is terminated due to violation of these Affiliate Terms, We reserve the right to withhold all future payments owed to You.

(d) Affiliate payments are sent to you using a third party payment clearing house. Gray Line Corporation, Inc. does not send payment directly to any affiliates. Affiliates are responsible for making sure they are able to accept payments from the third party payment clearing house.

(e) Affiliates are responsible for any and all charges, fees, taxes, exchange rates, surcharges and other expenses incurred in order to receive affiliate payments. Please check with your receiving banking institution to find out if any of these apply for your account.

(f) If We determine that payment of affiliate commissions to You in any jurisdiction is illegal under any laws, then We may reserve the right to not pay affiliate commissions for any sales made in that jurisdiction.

(g) We may withhold Your final payment for a reasonable time to ensure that the correct amount is paid to You.

(h) If at any time there has been no substantial activity on your account for XX years, then we will have the right to withhold any accrued fee. Further, any unpaid fees in your account may be subject to escheatment under applicable law.


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