Affiliate Program Terms
Thank you for your interest in participating in the FishingBooker Affiliate Program (the “Program”). Our Affiliates are very important to us. In order to enroll as an "Affiliate" in the Program, you will first need to read and accept the terms of the Affiliate Program Agreement that is provided below, in addition to accepting the Quality Unit, LLC, and Publisher terms and conditions.
By "FishingBooker/us/we/our/site" we mean the features and services we make available, including through our website at fishingbooker.com (https://fishingbooker.com/) and any other branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions) including the FishingBooker mobile applications already existing or developed later.
If you have any questions, please don't hesitate to contact us. For the quickest response, please email us at [email protected].
AFFILIATE PROGRAM AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN YOU (THE “AFFILIATE”) AND FISHINGBOOKER, INC. (THE "SITE"). PLEASE READ IT CAREFULLY. IF YOU WOULD LIKE TO BECOME AN AFFILIATE, PLEASE APPLY TO OUR PROGRAM THROUGH POST AFFILIATE PRO AND AGREE TO THE AFFILIATE PROGRAM AGREEMENT.
This FishingBooker Affiliate Program Agreement (this “Agreement”) contains the terms and conditions for your participation in the FishingBooker Affiliate Program. The purpose of this agreement is to allow HTML linking between your website and the FishingBooker.com website. In this Agreement, “you”, “your”, and “yours” means the Affiliate, and “we”, “us”, “our”, and “ours” means FishingBooker, Inc.
To begin the enrollment process, you will complete and submit an online application at www.postaffiliatepro.com.All Affiliate applications are evaluated and approved manually. FishingBooker reserves the right to reject any application at its sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including, but not limited to, if it:
- Promotes sexually explicit materials
- Promotes violence
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promotes illegal activities
- Incorporates any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law
- Includes "FishingBooker" or variations or misspellings thereof in its domain name
- Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable to us at our sole discretion
- Contains software downloads that potentially enable diversions of commission from other affiliates in our program
You may not create or design your website or mobile application - or any other website or mobile application that you operate - explicitly or implied in a manner that resembles our website or mobile application, nor design your website or mobile application in a manner that leads customers to believe you are FishingBooker.com or any other affiliated business.
As a member of FishingBooker's Affiliate Program, you will have access to an Affiliate Account Manager. Here you will be able to review our Program's details and previously-published affiliate newsletters, download HTML code (that provide links to web pages on the FishingBooker.com website) use banner creative gallery, and browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with ("Your Links").
FishingBooker.com reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
The maintenance and updating of your site is your responsibility. We may monitor your site as we feel necessary to make sure that it is up to date and to notify you of any changes that we feel would enhance your performance. We may test your Affiliate Site's URL and, if the URL is not in compliance with the terms and conditions of this Agreement, we may, at our sole discretion and without limiting any other right or remedy to which we may be entitled:
- remove the non-conforming URL from the Program; and/or
- terminate this Agreement.
It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be written work, an image, or any other copyrightable work. We will not be responsible if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.
You authorize us to include, at our discretion, your logos, trademarks, trade names, and similar identifying material (“Your Marks”) on FishingBooker in a list of companies that participate in the Program. You represent and warrant that you are the sole and exclusive owner of Your Marks and have the right and power to grant to us the license to use them in the manner described herein, and such a grant does not or will not breach, conflict with, or constitute a default under any agreement or other instrument applicable to you; or infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity, and you will be liable for any damages suffered by FishingBooker if this proves untrue. We will remove Your Marks from any such list upon the effective date of the expiration or termination of this Agreement.
We strongly advise affiliates to stay compliant with the Federal Trade Commission (FTC) guidelines on testimonials and endorsements. All endorsements, reviews, and testimonials on FishingBooker.com services, as well as relationships between other types of content websites (forums, blogs, microblogs, and other Social Media channels) and FishingBooker.com must be clearly disclosed in a separate policy on the affiliate sites.
FishingBooker Rights and Obligations
We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made or to make sure that your links to our website are appropriate, and to notify you of any changes that we feel should be made. If you do not make the changes to your site that we feel necessary, we reserve the right to terminate your participation in the FishingBooker Affiliate Program.
FishingBooker.com reserves the right to terminate this Agreement and your participation in the FishingBooker.com Affiliate program immediately and without notice to you, should you commit fraud in your use of the Program or should you abuse this program in any way. If such fraud or abuse is detected, FishingBooker.com shall not be liable to you for any commission for such fraudulent sales.
This agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated hereunder. .
Either you or we may end this Agreement at any time, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email, or fax. In addition, we reserve the right to immediately terminate this Agreement if you are found to be in breach of it.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, you will be notified by email once the change is live on website and mobile application. Modifications may include, but are not limited to, changes in payment procedures and FishingBooker's Affiliate Program rules. If any modification is unacceptable to you, you should terminate this Agreement. Your continued participation in FishingBooker's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
You must create a password so that you may enter the Post Affiliate Pro secure affiliate account interface. From their site, you will be able to receive reports that describe our calculation of the commission due to you.
FishingBooker uses Paypal, Inc. for payment processing services. By using Paypal payment processing services, Affiliates agree to the Paypal User Agreement, available at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full. FishingBooker reserves the right to choose a different type of payment method other than the aforementioned if, in good faith, it determines that a different type of payment method is more adequate.
Payments can only be made if correct payment information is provided by the Affiliate, and FishingBooker will not be liable for any late or incomplete payments caused by the Affiliate not providing correct payment information and documentation. The Affiliate has to provide FishingBooker with either W9, W8BEN, or W8-BEN-E forms, depending on their legal form and tax residency, in order to receive payouts from Fishing Booker. The required form will be provided to the Affiliate by a FishingBooker representative alongiside submission information, and the Affiliate needs to submit the completed form before receiving their first Payout, and must resubmit the form in the event that they change their residency or legal form.
Payment information must be submitted in the form of an invoice to [email protected] with all necessary business information, data concerning approved trips, and information on the Affiliate's commission. Please reach out to [email protected] if you are unsure of any payment information before submitting an invoice to [email protected]. Please make sure that all amounts are expressed in USD. Paypal may charge additional fees when processing payments and payouts, and FishingBooker is not responsible for any such fees, and disclaims all liability in this regard. Affiliates are fully responsible for the payment of any fees or additional charges imposed by the payment processor.
The Affiliate payment scale is set every quarter and the count of approved bookings resets at the beginning of the next quarter. Quarters are defined as four per year, each lasting three months, from the beginning of the calendar year. The commission scale for Affiliates is as follows:
- 1-10 approved bookings = 20% of FB commission, per booking
- 11-20 approved bookings = 25% of FB commission, per booking
- 21-50 approved bookings = 40% of FB commission, per booking
- 51+ approved bookings = 50% of FB commission, per booking
Affiliate's commission calculation is calculated based on approved bookings and the above scale The calculation is done on a monthly basis, on the last calendar day of a month for that month. Only approved bookings that were realized (and labeled as approved via the Post Affiliate Pro platform) during that calculation period will be calculated in the commission.
A booking is labeled as approved after a FishingBooker representative confirms that the booking was realized. All bookings that were canceled or for any other reason not realized will be labeled in the Post Affiliate Pro platform as declined, and will not be eligible for the commission calculation.
Payments to Affiliates from FishingBooker are made once a month, every first week of the month for the previous month, and once an Affiliate has earned an amount in commission equal to or more than $100 (one hundred US dollars). While this is standard practice, FishingBooker reserves the right to make payments even if the sum earned by the Affiliate is less than $100, at our sole discretion.
In the event that the Affiliate's calculated commission per one quarter amounts to less than $100 and they are, therefore, not eligible for a payout in the quarter where the Affiliate's commission was calculated, the earned commission will be paid out in the next quarter when the Affiliate meets the above-mentioned payout criteria.
The total number of approved bookings is calculated per quarter, and the number of approved bookings will not be transferred to the next quarter in the event that the Affiliate was not eligible for a payout in the quarter when the bookings were realized.
In the event that an Affiliate has earned a commission amounting to less than $100 during one calendar year, FishingBooker will pay the earned amount at the end of the calendar year to the Affiliate.
Affiliate commissions are not paid on bookings that were declined via the Post Affiliate Pro platform.
A booking is labeled as declined via Post Affiliate Pro after a FishingBooker representative confirms that a booking was canceled (by either party), refunded, duplicated, or for a transaction that resulted in a charge back due to a shortened trip or in a case where the trip didn't happen at all.
In the event of an operational error that leads to the Affiliate being overpaid (e.g. due to a FishingBooker's representative's mistake or previously-approved booking being canceled after the calculation period), FishingBooker reserves the right to charge the Affiliate for the overpaid amount or to reduce that amount from the next payout to the Affiliate.
FishingBooker reserves the right to withhold Affiliate commissions for any legitimate reason including but not limited to fraudulent behavior and not respecting the terms of this agreement. You are solely responsible for any taxes that may be due in connection with your participation in FishingBooker's Affiliate Programme.
Subject to the terms and conditions set forth in this Agreement, Affiliate may acquire Sub-Affiliates, according to the terms set forth in this paragraph.
FishingBooker may at its sole discretion accept or decline any person referred by an Affiliate to become a Sub-Affiliate under the Affiliate Program.
“Sub-Affiliate” means an Affiliate referred to the Post Affiliate Pro Platform by another registered
Affiliate via a tracking link.
In order to become Sub-Affiliate, the Sub-Affiliate must be registered on the Post Affiliate Pro Platform using the referral tracking link provided by a registered Affiliate.
Affiliates are solely responsible for the registration of their Sub-Affiliate on the Post Affiliate Pro Platform. In the event that registration steps are not completed correctly, the Sub-Affiliate may not be linked to the Affiliate.
In the event that a trip is booked by a customer referred by a Sub-Affiliate,
the Sub-Affiliates commission will be calculated in accordance with the Terms set in the Payment
Section of this Agreement. The commission of Sub-Affiliates is calculated in the same manner as
the commission of the Affiliate.
An Affiliate will generate a fixed commission of up to 5% of FishingBooker's commission (or more as determined by FishingBooker on a case-by-case basis), for each approved trip of its Sub-Affiliate.
If a Sub-Affiliate referred to FishingBooker by an Affiliate is found to have engaged in or been involved with fraud, spam, or is found to have breached any of the Terms and Conditions of the Agreement, FishingBooker may at its sole discretion, withhold all Sub-Affiliate commission payments relating to that Sub-Affiliate, and/or terminate the Sub-Affiliate Account in question.
FishingBooker holds no responsibility for any direct negotiations including disputes that happen between an existing Affiliate and their Sub-Affiliate.
FishingBooker may at any time at its sole discretion, terminate the Sub-Affiliate program.
You are free to promote your own websites, but any promotion that mentions FishingBooker.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by FishingBooker.com, namely:
- Advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our brand
- Use of unsolicited commercial email (UCE),
- Postings to non-commercial newsgroups, and
- Cross-posting to multiple newsgroups at once.
- Advertising in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address
You may use mailings to customers to promote FishingBooker.com as long as the recipient is already a customer or subscriber of your services or website, and if recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote FishingBooker.com as long as the newsgroup specifically welcomes commercial messages. At all times, you must clearly represent yourself and your websites as independent from FishingBooker.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in FishingBooker's Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
Affiliates that exclusively bid in their Pay-Per-Click campaigns on keywords such as:
- FISHINGBOOKER COM
AND/OR ANY MISSPELLINGS OR SIMILAR ALTERATIONS OF THESE — BE THEY SEPARATELY OR IN COMBINATION WITH OTHER KEYWORDS -, and direct traffic from such campaigns to their own website, will be considered trademark violators and will be banned from FishingBooker's Affiliate Program. We reserve the right to expel any trademark violator from our Affiliate Program without prior notice and following the first occurrence of such PPC bidding behavior. Affiliates represent and warrant to FishingBooker.com that they shall not use or display (directly or indirectly) the trademark, logo, or branding (including, without limitation, any misspelling or substantially similar version thereof) of FishingBooker's Product suppliers in any manner whatsoever (including without limitation, in any search engine marketing or optimization, in any domain name, any other online/offline marketing or advertising, press releases, etc.) without first obtaining prior written approval from FishingBooker.
Affiliates are not prohibited from keying in a prospect's information into the lead form as long as the prospect's information is real and true and these are valid leads (i.e., sincerely interested in FishingBooker's service).
Affiliates shall not transmit any so-called “interstitials”, “Parasiteware™”, “Parasitic Marketing”, “Shopping Assistance Application”, “Toolbar Installations and/or Add-ons”, “Shopping Wallets”, or “deceptive pop-ups and/or popunders” to consumers from the time the consumer clicks a qualifying link until such a time as the consumer has fully exited FishingBooker's website (i.e., no page from our site or any FishingBooker's content or branding is visible on the end user's screen). As used herein, “Parasiteware™” and “Parasitic Marketing” shall mean an application that either:
- through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer-initiated click on a qualifying link on a web page or email;
- intercepts searches to redirect traffic through an installed software, thereby causing pop ups, commission tracking cookies to be put in place, or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search engine (search engines being, but not limited to: Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines);
- set commission-tracking cookies through the loading of FisningBooker.com in IFrames, hidden links, and automatic pop ups that open FisningBooker's website;
- targets text on websites, other than those websites 100 percent owned by the application owner, for the purpose of contextual marketing;
- removes, replaces, or blocks the visibility of Affiliate banners with any other banners, other than those that are on websites 100 percent owned by the owner of the application.
Affiliates that are found to be cybersquatting or typosquatting on trademark-related domains will be banned from the program with all their commissions reversed.
Grant of Licenses
We grant to you a nonexclusive, non-transferable, revocable right to
- access our site through HTML links solely in accordance with the terms of this Agreement; and,
- solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose.
You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of FishingBooker's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of FishingBooker.com and the goodwill associated therewith will inure to the sole benefit of FishingBooker.com.
Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene, or otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
Representations and Warranties
As an Affiliate, You represent and warrant that:
This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by FishingBooker to the Affiliate during negotiation or the effective term of this Agreement, which is marked “Confidential,” will remain the sole property of FishingBooker, and the Affiliate will keep it in confidence and not use or disclose such proprietary information without express written permission of FishingBooker.
Affiliates agree that they are an independent contractor and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between an Affiliate and FishingBooker.com. Affiliates will have no authority to make or accept any offers or representations on our behalf. Affiliates will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party. This Agreement shall be governed by and interpreted in accordance with the laws of Virginia without regard to the conflicts of laws and principles thereof. You may not amend or waive any provision of this Agreement unless in writing and approved by both parties. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written. The headings and titles contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall remain in full force and effect.
These Terms are effective as of Jan 1, 2023.