BookingBoost™ Affiliate Agreement
This Affiliate Agreement ("Agreement") is entered into by and between BookingBoost™.
1. Participation in the Affiliate Program
1.1 Affiliate Program. The Affiliate agrees to participate in the BookingBoost™ Affiliate Program ("Program") and to promote BookingBoost™ products and services in accordance with the terms and conditions set forth in this Agreement.
1.2 Acceptance. Participation in the Program is subject to the Company's approval. The Company reserves the right to accept or reject any application to join the Program at its sole discretion.
2. Affiliate Responsibilities
2.1 Promotion. The Affiliate agrees to promote BookingBoost™ products and services to potential customers using lawful and ethical marketing methods. The Affiliate must not engage in any deceptive, misleading, or unethical marketing practices.
2.2 Compliance. The Affiliate agrees to comply with all applicable laws, regulations, and guidelines, including but not limited to the Federal Trade Commission (FTC) guidelines on endorsements and testimonials.
2.3 Keyword Bidding and Brand Protection
a. Prohibited Keywords: Affiliates are not permitted to bid on any branded keywords, including but not limited to “BookingBoost™,” “Booking Boost Pro,” or any other variations or misspellings of the brand name, product names, or services offered by BookingBoost™.
b. Direct Linking: Affiliates may not engage in direct linking, where their ad leads directly to the BookingBoost™ website, bypassing their own landing page.
c. Geographic and Competitive Bidding Restrictions: Affiliates are prohibited from bidding on certain keywords in geographic regions where the Company conducts active marketing campaigns. Affiliates must also refrain from bidding on keywords that directly compete with the Company's internal pay-per-click (PPC) campaigns.
d. Display URL Restrictions: Affiliates may not use a display URL that mimics or closely resembles BookingBoost™'s official website or create deceptive variations that could confuse potential customers.
e. Negative Keywords: Affiliates are prohibited from using derogatory or negative keywords in connection with the BookingBoost™ brand, such as "scam," "fake," etc.
3. Commission and Payment
3.1 Commission. The Company agrees to pay the Affiliate a 50% commission on the net revenue generated from each sale of BookingBoost™ products and services referred by the Affiliate ("Commission").
3.2 Ongoing Commission. The Affiliate will receive an ongoing Commission for each referred customer as long as the customer remains a paying subscriber of BookingBoost™.
3.3 Payment Schedule. Commissions will be calculated and paid out on a monthly basis, within 30 days of the end of each calendar month. Payments will be made via Paypal Payouts. Payment fees shall be paid by BookingBoost™.
3.4 Minimum Payout. The minimum payout amount is $100. If the Affiliate's earned Commission is less than $100, the Commission will be rolled over to the next payment period.
4. Term and Termination
4.1 Term. This Agreement shall commence on the date of acceptance by the Company and shall continue until terminated by either party.
4.2 Termination. Either party may terminate this Agreement at any time, with or without cause, by providing written notice to the other party. Upon termination, the Affiliate will no longer be eligible to earn Commissions for any sales made after the termination date.
4.3 Effect of Termination. Upon termination of this Agreement, the Affiliate must immediately cease all promotional activities related to BookingBoost™. Any unpaid Commissions earned prior to the termination date will be paid to the Affiliate in accordance with the payment schedule.
5. Intellectual Property
5.1 License. The Company grants the Affiliate a non-exclusive, non-transferable, revocable license to use the Company's trademarks, logos, and marketing materials solely for the purpose of promoting BookingBoost™ products and services in accordance with this Agreement.
5.2 Restrictions. The Affiliate shall not modify, alter, or create derivative works of the Company's trademarks, logos, or marketing materials without the prior written consent of the Company.
6. Confidentiality
6.1 Confidential Information. The Affiliate agrees to keep confidential and not to disclose any proprietary or confidential information of the Company, including but not limited to customer information, business practices, and marketing strategies.
7. Indemnification
7.1 Indemnification. The Affiliate agrees to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with the Affiliate's participation in the Program or any breach of this Agreement.
8. Limitation of Liability
8.1 Limitation. To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or in connection with this Agreement or the Program.
9. Miscellaneous
9.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of laws principles.
9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.
9.3 Amendments. The Company reserves the right to amend this Agreement at any time by providing notice to the Affiliate. The Affiliate's continued participation in the Program after any such amendment constitutes acceptance of the amended Agreement.
9.4 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.