Affiliate Partnership Terms & Conditions
This Affiliate Partnership Terms & Conditions is made and entered into as of the date of acceptance by both parties (“Effective Date”), by and between:
Mysterious Adventures Tours LLC, a business organized and existing under the laws of the State of Ohio, United States of America, with its principal place of business at Hamilton, Ohio; and
The affiliate on record (as submitted and signed on application) an independent contractor, with a business/residential address in the United States.
1. PURPOSE
Mysterious Adventures Tours LLC operates and organizes specialty tours focusing on supernatural, mystical, and historical experiences. The Affiliate agrees to promote and sell Mysterious Adventures Tours LLC’s tour packages in exchange for a flat fee or commission, as defined in these Terms & Conditions.
2. Term
These Terms & Conditions shall commence on the Effective Date and will continue until terminated by either party in accordance with Section 9 (Termination).
3. Affiliates’ Responsibilities
3.1. The Affiliate shall promote the Tours and refer prospective customers to MAT through channels including but not limited to social media, personal networks, blogs, websites and travel-related platforms. The Affiliate has no authority to sell Tours, accept bookings or payments, or transact on MAT’s behalf.
3.2. The Affiliate shall not engage in misleading, deceptive, or unethical marketing practices.
3.3. The Affiliate shall not represent themselves as an employee, agent, or official
representative of Mysterious Adventures Tours LLC.
3.4. The Affiliate shall comply with all applicable laws and regulations in the promotion of Mysterious Adventures Tours LLC’s tours.
3.5. As an Independent Contractor, the Affiliate is required to complete and submit a W9 form before receiving any payments, to ensure that a 1099 form is
4. Compensation
4.1 The Affiliate shall receive compensation as follows: A defined commission (per
designated tier) per sale, calculated on the net sale price after applicable discounts, taxes, and service fees.
4.2. Payments will be made immediately upon verification of successful tour bookings and payments received from clients.
4.3. The Affiliate is responsible for any taxes or deductions applicable to their earnings.
5. Tracking & Reporting
5.1. Mysterious Adventures Tours LLC shall provide the Affiliate with a unique referral link, code, or other tracking mechanism for the purpose of attributing referred bookings.
5.2. Mysterious Adventures Tours LLC will maintain records of referred sales and provide the Affiliate with periodic reports detailing sales performance and earnings.
5.3. The Affiliate must notify MAT of any dispute regarding a report or payment within thirty (30) days of the date the report or payment is made available. After that period, the report or payment is deemed accepted and final.
6. Intellectual Property
6.1. MAT grants the Affiliate a limited, non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free licence to use MAT’s brand name, logo, images and marketing materials during the Term, solely to promote the Tours and strictly in accordance with any brand guidelines provided by MAT.
6.2. The Affiliate shall not alter, modify, or misrepresent MAT’s brand, materials or services in any way; shall not create derivative works from MAT materials or combine them with third-party marks without MAT’s prior written approval; and shall not register or attempt to register any MAT mark, or any confusingly similar mark, domain name, handle or username, in any jurisdiction.
6.3. Any unauthorized use of Mysterious Adventures Tours LLC’s intellectual property shall be grounds for immediate termination of these Terms & Conditions.
7. CONFIDENTIALITY AND PROPRIETARY INFORMATION
7.1. Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the term of these Terms & Conditions.
7.2. The Affiliate shall not disclose any pricing, customer data, business strategies, operational details, or any other confidential information to third parties.
7.3. The terms and conditions, as well as all Company-related information provided to the Affiliate, are confidential and proprietary. This information cannot be used for any other purposes outside of these Terms & Conditions.
8. INDEPENDENT CONTRACTOR RELATIONSHIP
8.1. The Affiliate is an independent contractor and not an employee, agent, or legal representative of Mysterious Adventures Tours LLC.
8.2. The Affiliate shall not have any authority to enter into these Terms & Conditions or make commitments on behalf of Mysterious Adventures Tours LLC.
8.3. The Affiliate controls the manner, method, timing and location of their own promotional activities, provides their own equipment and facilities, and bears their own costs and expenses.
8.4. The Affiliate is not entitled to any employee benefit, including health insurance, retirement contributions, paid leave, workers’ compensation or unemployment insurance, and acknowledges that MAT does not withhold taxes on their behalf.
8.5. The Affiliate shall not assign these Terms, subcontract their obligations, or recruit or engage sub-affiliates, without MAT’s prior written consent.
9. LIABILITY AND INDEMNIFICATION
9.1. The Affiliate acknowledges that Mysterious Adventures Tours LLC is not liable for any personal expenses incurred in the promotion of its tours.
9.2. The Affiliate shall indemnify and hold Mysterious Adventures Tours LLC harmless from any claims, damages, or liabilities resulting from their marketing activities or breaches of these Terms & Conditions.
10. TERMINATION
10.1. Either party may terminate these Terms & Conditions with 30 days’ written notice.
10.2. Mysterious Adventures Tours LLC reserves the right to terminate these Terms & Conditions immediately in the event of:
– Breach of contract terms by the Affiliate;
– Misrepresentation of Mysterious Adventures Tours LLC’s services;
– Engagement in unethical or unlawful business practices.
10.3. Upon termination, the Affiliate shall cease using Mysterious Adventures Tours LLC’s branding and marketing materials and forfeit any unpaid commissions if termination results from a breach of contract.
11. GOVERNING LAW
These Terms & Conditions shall be governed by and interpreted under the laws of the State of Ohio and the Federal Laws of the United States of America. Any disputes arising from these Terms & Conditions shall be resolved in the courts of Ohio.
12. ENTIRE TERMS & CONDITIONS
These Terms & Conditions constitute the entire understanding between the parties and supersede any prior Terms & Conditions or understandings, whether written or oral.
13. Acceptance of these Terms
Completion, electronic signing and submission of the Affiliate application constitutes the Affiliate’s acknowledgment, acceptance and Terms & Conditions to be bound by these Affiliate Partner Terms and Conditions and the applicable Affiliate Commission Schedule.
By signing and submitting the application, the Affiliate confirms that:
– the Affiliate received access to these Terms and Conditions;
– the Affiliate had the opportunity to review them before submitting the application;
– the Affiliate understands and agrees to the commission-only, performance-based compensation structure;
– the Affiliate understands that complimentary-tour requests are considered separately;
– the information provided in the application is accurate and complete; and
– the individual signing the application is authorized to accept these Terms personally or on behalf of the identified business or organization.
A separate signature on these Terms and Conditions is not required. The electronic signature and submission of the Affiliate application will serve as the Affiliate’s signature and acceptance of these Terms.
Submission of the application does not guarantee acceptance into the Program. The Affiliate relationship becomes active only after MAT reviews and approves the application and provides written confirmation of activation.