eTravelSmart Bus booking affiliate| Earn Commission by travel affiliate

eTravelSmart Affiliate Program Agreement

This agreement describes the terms and conditions for participation in the eTravelSmart Affiliate Program. The purpose of this Agreement is to allow HTML linking between eTravelSmart web site and the Affiliate web site. "Affiliate web site" means your website where you will link to the eTravelSmart Site (and which you will identify in your Program application). This is a Legal Agreement between eTravelSmart and Affiliate website. By Submitting the online application, you are agreeing that you have read and understand the terms and conditions of this agreement and that you agree to be legally responsible for each and every term and condition.

1. Affiliate Obligations

To begin the enrollment process, you will complete and submit online application via the eTravelSmart Site. We will immediately accept you enrollment in good faith. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:

Promote sexually explicit materials.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Promote illegal activities.
Include any trademark of eTravelSmart, or misspelling of any trademark of eTravelSmart in any domain name.
Include any trademark of eTravelSmart, in any username, group name, or other identifier on any social networking website.
Include any colour combination or layout similar or identical to eTravelSmart, with or without intention to deceive.
Use affiliate links, whether directly or indirectly, on web sites in the nature of multi-level marketing arrangements.
Contains software downloads that potentially enable diversions of commission from other affiliates in our program.

2. eTravelSmart Rights and Obligations

eTravelSmart 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.
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 web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the eTravelSmart Affiliate Program.
eTravelSmart reserves the right to terminate this Agreement and your participation in the eTravelSmart Affiliate Program immediately and without notice to you should you commit fraud in your use of the eTravelSmart Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, eTravelSmart shall not be liable to you for any commissions for such fraudulent sales.
This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.

3. Grant of Licenses

We grant you a revocable, non-exclusive, worldwide, royalty-free license for the duration of the term of this Agreement, solely for purposes of facilitating referrals from your site to the eTravelSmart Site, to provide a bus search widget on your site to the eTravelSmart Site. Only the traffic referred from the user of bus search widget by your visitors will be considered as affiliate referral traffic. Any other form of referral traffic coming from the website, other than the search bus widget would not be considered.
You also acknowledge that we may crawl or otherwise monitor your site for the purpose of ensuring the quality and reliability of the search buses widget. You also agree that we may take corrective actions in case the search buses widget is not behaving in the expected manner and that you will not seek to block or otherwise interfere with such crawling or monitoring and that we may use technical means to overcome any methods used on your site to block or interfere with such crawling or monitoring.
You also acknowledge that as a participant in the Program, we may from time to time send you email updates about the Program. By participating in the Program, you consent to our sending you these email updates.

4. Bus Ticket Booking

We will book bus tickets placed by customers who follow search buses widget from your site to the eTravelSmart Site. We reserve the right to reject bus bookings that do not comply with any requirements that we periodically may establish.
Please also note that you may not book bus tickets during sessions initiated through the links on your site for your own use, for resale or commercial use of any kind. This includes bus tickets for customers or on behalf of customers or bus tickets to be used by you or your friends, relatives, or associates in any manner.

5. Affiliate Fees

For a bus booking to be eligible to earn a referral fee, the customer must click-through the search buses widget on your site to the eTravelSmart Site and during a single session, books the tickets. The session begins when the customer clicks through the search buses widget on your site to the eTravelSmart Site and ends upon the first to occur of the following events

The customer closes the website without booking.
The customer books bus tickets.

To permit accurate tracking, reporting and fee accrual, you must ensure that the search buses widget code is not modified in any way. We will not be liable for paying referral fees on purchases that are not correctly tracked and reported due to modification of search buses widget code. We will not pay referral feeds on bus booking that are made without the use search buses widget. The referring traffic has to originate from the search buses widget provided by us. During each calendar month, for buses booked during sessions initiated through search buses widget on your site, you will earn (subject to the other terms of this Agreement) referral fees in accordance with the "Fee Structure" described below. Fee Structure: Subject to the other terms of this Agreement, you will earn a percentage of Qualifying Revenues (revenues derived by us from customers as a result of bus seats booked during sessions initiated through search buses widgets on your site). In case the passenger is not able to complete the journey due to cancellation or partial cancellation of tickets either by the customer or bus operator, the referral fees earned for that transaction will forfeit. Customers who book bus tickets through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning bus booking and customer service will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for bus tickets under this Program in accordance with our own pricing policies. Bus tickets availability may vary from time to time.

6. Affiliate Fee Payment

We will pay you referral fees on a monthly basis for completed bus journeys in the applicable month. Approximately 30 days following the end of each calendar month, we will send the payment over Cheque or NETF or IMPS,etc provided that you have accrued more than Rs. 500 in referral revenue.

7. Access to Affiliate Account Interface

You will create a password so that you may enter eTravelSmart's secure affiliate account interface. Here you can create new widgets with different dimensions, you can check daily referred click count and bus booking count, commissions for all clicks and books, detailed report of clicks and bookings.

8. Responsibility for Your Site

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

The technical operation of your site and all related equipment.
Ensuring the display of Search Buses Widgets on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site).
Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights).
Ensuring that materials posted on your site are not libelous or otherwise illegal.
Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.
We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site. We also advise you to strictly abide by the terms narrated in Clause 1 above of this terms and conditions and any non-observance of the terms therein shall determine our association with immediate effect.

9. Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whetherthose laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email and all other anti-spam laws.

10. Term of the Agreement

The term of this Agreement will begin upon our acceptance of your Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the eTravelSmart Site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are eligible to earn referral fees only on bus bookings that occur during the term, and referral fees earned through the date of termination will remain payable only if the bus bookings are not canceled due to any reason. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Effect of Termination:�Upon termination of this Agreement by either side you will cease to be an affiliate and shall remove all links to the eTravelSmart site as detailed in clause 12 herein above and non-removal of links and use of all or any of our trademark, trade dress, logos and price are treated as illegal crawling and infringement of our Trademark.

11. Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the eTravelSmart Site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE ETRAVELSMART SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

12. Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf.
You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this clause.

13. Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

14. Disclaimers

We make no express or implied warranties or representations with respect to the Program or any bus booked through the Program. In addition, we make no representation that the operation of the eTravelSmart Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

15. Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

16. Disputes

Any dispute relating in any way to the Program or this Agreement in which the aggregate total claim for relief sought on behalf of one or more parties exceeds INR1,00,000 will be adjudicated in any state or federal court in Hyderabad, Telangana, and you hereby consent to exclusive jurisdiction and venue in those courts. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.

17. Miscellaneous

This Agreement will be governed by the laws of the Indian Republic and the state of Telangana, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.