As an authorized tour advisor (the “Affiliate” or “tour advisor”) of CraneLine.com (the “CraneLine”), you agree to abide by the terms and conditions contained in this Agreement (the “Agreement”). Please read the entire Agreement carefully before registering and promoting the CraneLine Tour Advisor Program (the “Program”) as a Tour Advisor, aka CraneLine Affiliate. You are responsible for assuring that your employees, agents and contractors comply with this Agreement at all times. Any application of the Program is under protection of CraneLine Tour Advisor Program Policy, any articles not indicated or specified should be found there.
DEFINITIONS
“CraneLine”, “We”, “us” and “our” means CraneLine.com
“You,” “your”, “tour advisor”, “applicant” and “Affiliate” means the party, other than CraneLine, entering into this Agreement and participating in the Program.
“Our website” means our properties located at https://CraneLine.com.
“Your website” means any websites that you will link to our website.
“Program” means CraneLine Tour Advisor Program.
OVERVIEW OF THE PROGRAM
Your participation in the Program allows you to earn commissions on our products and services purchased by individuals referred by you, subject to the terms and conditions of this Agreement.
This Agreement does not create an exclusive agreement between you and us. Both you and we will have the right to recommend similar products and services of third parties. You understand and agree that we may at any time enter into agreements with Tour Advisors and other marketing partners on the same or different terms as those provided to you under this Agreement and that such advisors or marketing partners may be similar or competitive to you.
ENROLLMENT
To be eligible for the Program, you are of legal age to enter the agreement, submit a Program application containing all the information requested, including true, accurate and complete contact and payment information and accept these Terms. You further agree to notify us of any changes to information included on your application, including your contact and payment information. After receiving your application, we will evaluate your application and notify you of your acceptance or rejection into our Program. Before we accept an application, we may want to review your application with you, so we may reach out to you for more information. We may require that you complete certain requirements or certification(s) before we accept your application. If we do not notify you that you are accepted to participate in the Program within thirty (30) days from your application, your application is considered to be rejected.
We reserve the right to approve or reject any Program application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Program application.
If you are accepted to participate in the Program, then upon notification of acceptance, the terms and conditions of this Agreement shall apply in full force and effect, until terminated.
REFERRAL LINK
Upon acceptance into the Program, the Referral Link(s) (the “link(s)”, “Referral URL” or “Affiliate Link”) will be made available to you through the CraneLine.com’s Tour Advisor interface. A “Referral Link” means the hyperlink you place on your website that directs your end users to our website. We will track customers (the “customers”, “Customers” or “Clients”) who subsequently execute and complete a money transfer transaction with CraneLine via the Referral Link. You will be responsible for properly integrating the Referral Link on your approved website(s) in accordance with any instructions we provide. CraneLine shall not be liable to you with respect to any losses incurred as a result of your failure to properly integrate and/or maintain the Referral Link on your website(s). Your acceptance in our Program means you agree to and abide by the following.
- You will only use Referral Link(s) obtained from the CraneLine’s Tour Advisor interface without manipulation.
- All domains that use your Referral Link(s) must be listed in your Program application.
- Your website will not in any way copy, resemble, or mirror the look and feel of our website. You will also not use any means to create the impression that your website is our website or any part of our website including, without limitation, framing of our website in any manner.
- You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
- Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.
If you are found redirecting link(s) to hide or manipulate the original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using “out” redirects from the same domain where the Referral Link(s) is placed.
REFERRAL CHANNELS
In order for you to qualify to earn a Referral Fee, customers must be directed to CraneLine.com via one of the following channels: (i) the Referral Link; (ii) a written introduction sent by Tour Advisors to customers or CraneLine.com; or (iii) the submission of a lead generation form or other written notification, in the manner and format proscribed by CraneLine (each, an “Eligible Referral Channel”).
CraneLine.com reserves the right in its sole discretion to disqualify any customer or any Qualifying Transaction if we determine in our sole discretion that such customer was not was not generated via an Eligible Referral Channel.
COMMISSIONS AND PAYMENT
- Referral Fees. Subject to the terms of this Agreement, CraneLine.com shall pay you a commission fee (the “Referral Fee”) for each Qualifying Transaction conducted by a customer, calculated in accordance with this Section (b) of this Agreement. You may only earn a Referral Fee with respect to activity on our website occurring directly through an Eligible Referral Channel.
You are not eligible to receive a referral fee if (i) such Referral Fee is disallowed or limited by federal, state or local law or regulation in the United States or the laws or regulations of your jurisdiction; (ii) the customer objects to or prohibits such Referral Fee or excludes such Referral Fee from its payments to us; (iii) the customer has paid or will pay such commissions, referral fees, or other compensation directly to you; (iv) the Referral Fee payment has been obtained by fraudulent means, misuse of the Referral Link, in violation of any Program Policies that we make available to you, misuse of the Affiliate Tool or by any other means that we deem to breach the spirit of the Program; (v) the customer complains, accused, gives negative review online or any other act that has any negative impact on us within 10 days of the return journey; (vi) the customer doesn’t complete his itinerary; (vii) the customer doesn’t settle all the fees payable or refuse to pay; or (viii) transactions booked by Tour Advisors or any entity under the common control of Tour Advisor.
In competitive situations with other affiliates, we may elect to provide the Referral Fee to the affiliate that we deem to be the most eligible for Referral Fee, at our discretion. We may discontinue Referral Fee payments should any of the eligibility criteria set forth in this subsection fail to be met at any time. CraneLine.com will have sole discretion in making any changes to Referral Fees, and the changes will become effective immediately.
- Qualifying Transactions. CraneLine.com will pay a Tour Advisor a Referral Fee calculated as a percentage of Gross Revenue generated from Qualifying Transactions. The percentage you receive will be specified upon approval. “Gross Revenue” means the gross profits received by us in relation to each Qualifying Transaction conducted by a customer. A “Qualifying Transaction” means a money transfer conducted by a customer which meets the following criteria: (i) the customer was directed from an Eligible Referral Channel; (ii) the customer booked and executed a money transfer on our website; and (iii) we received cleared funds from the customer and no chargeback or refunds. Transactions that are cancelled or refunded will not qualify for a referral fee. CraneLine reserves the right to reject any customer that does not comply with CraneLine policies and procedures or any applicable laws.
- Payment of Referral Fees. Referral Fee payments will only be paid to Tour Advisor when the Base Threshold is reached. The “Base Threshold” means the amount of Referral Fees owed to the Tour Advisor has reached the sum of USD $500. Referral Fees are payable within fifteen (15) business days from the first day of the following month once the Base Threshold is accrued in any given month. If the Referral Fees in any calendar month is less than the Base Threshold, the amount will be rolled over month-to-month until the Base Threshold is achieved.
We will determine the currency in which we pay the Referral Fee, as well as the applicable conversion rate. You are responsible for payment of all taxes applicable to the Referral Fee. All amounts payable by us to you are subject to offset by us against any amounts owed by you to us.
In order to receive payment under this Agreement, you must have: (i) agreed to the terms of this Agreement; (ii) completed all steps necessary to create your account in accordance with our directions, (iii) have a valid and up-to-date bank account and updated your advisor account with such bank account (iv) completed any and all required, accurate and up-to-date tax documentation in order for CraneLine to process any payments that may be owed to you.
COUPON AND DEAL SITES
CraneLine occasionally offers coupon to select tour advisor. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. You may ONLY advertise coupon codes that are provided to you through the Program. Below are the terms that apply for any tour advisor who is considering the promotion of our products in relation to a deal or coupon:
- You may NOT use misleading text on shared links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
- You may NOT bid on CraneLine Coupons, CraneLine Discounts or other phrases implying coupons are available.
- You may NOT generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to our website.
- Customer must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
- Your webiste may NOT have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Tour Advisors with such text on the merchant landing page will be removed from the Program immediately.
- You may NOT use any technology that covers up the coupon code and generates the advisor click by revealing the code(s).
- You may NOT advertise coupon codes obtained from any non-affiliate marketing channel, including but not limited to coupon codes from our email, paid search or any other non-affiliate advertising campaigns.
- Coupons must be displayed in their entirety with the full offer, valid expiration date and code.
- You may NOT give the appearance that any ongoing offer requires clicking from your website in order to redeem.
- Posting any information about how to work around the requirements of a coupon/promotion (ie first time customers only) will result in removal from the Program immediately.
Tour Advisors whose primary business is posting coupons, who are viewed by the Program as being a coupon site, and/or who are tagged as coupon in our system, may not be paid commissions for sales generated without a corresponding valid coupon code. Valid codes are defined as codes that are made available to the affiliate channel in general, through newsletters or any deals database, and directly or privately to advisors. Coupon codes that are not real, expired, not specific (i.e up to 10% off sale items) or are long-term site wide offers that do not require a code may not considered valid codes and the tour advisor will not be given commission on these orders.
If your website ranks on the first page of Google or any search engine with a certain market share in a specific country or region for terms related to our website or company name(s) combined with the words coupon, coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders.
UNIQUE RIGHTS OF ADVANCED LEVEL ADVISOR
Tour Advisors (Advanced Level) are able to design and run private group under Group Travel Service if minimum seat policy is met. Once confirmed departure date with CraneLine, the latter is not supposed to cancel the group.
Tour Advisors (Advanced Level) are able to design and maintain their own advisor page on our website under our approval and supervision. Tour Advisors (Advanced Level) are able to recruit Tour Advisor under the Program. Tour Advisors (Advanced Level) are not able to recruit another Tour Advisor (Advanced Level). Tour Advisor Program for Advanced Level Advisor is one-step role Program.
MARKETING GUIDELINE
- Promotional Activities. You shall not create, publish, or distribute any advertising, marketing materials or other public communication without first obtaining our express written consent. In promoting CraneLine, you agree that you will not make any representations, promises, warranties or other statements about CraneLine or our website, products, services or policies other than those expressly approved by CraneLine.
- Email Marketing. If you intend to promote our products and services through the use of email campaigns, you must adhere to the following:
- Comply with all applicable law including but not limited to provisions of the CAN-SPAM Act of 2003 (Public Law No. 108-187) and any other anti-spam legislation that governs the transmission of unsolicited commercial electronic messages (as that term is defined in the statute) that advertise or promote our products or services.
- All emails must be submitted for prior written approval by CraneLine.
- All emails initiated by Tour Advisor, must identify Tour Advisor as the sender and may not imply or suggest that that the email is sponsored by CraneLine.com or otherwise being sent on behalf of CraneLine.com.
- Advisor must include an opt-out or unsubscribe mechanism on each email communication.
- Social Media. You may promote CraneLine.com on social media platforms such as Twitter, Facebook, Instagram, et al. (“Social Media Platforms”) only in accordance with the following guidelines:
- You are allowed to promote offers to your own social media pages or groups you manage; more specifically, you’re welcome to use your affiliate links on your own Facebook, Twitter, etc. pages. For example: You may post, “10% off sale at CraneLine.com through Monday with code CraneLine10OFF.”
- You may use or display the Referral Link, or otherwise promote CraneLine.com, on your own pages or profiles; provided that you do not violate any terms of service of the Social Media Platform in connection with your marketing activities.
- You may NOT post your Referral Link on our company Social Media Platform pages or profiles in an attempt to generate Qualifying Transactions.
- You may NOT run any paid advertisements on Facebook or any other Social Media Platform that utilize CraneLine.com trademarks, logos or branding.
- You may NOT create a social media account that includes our trademark in the page name and/or user name.
- Pay Per Click (PPC). If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:
- You may NOT bid on any of our trademarked terms, including any variations or misspellings thereof for search or content based campaigns on Google, MSN, Yahoo, Facebook or any other network.
- You may NOT use our trademarks in sequence with any other keyword (i.e. CraneLine Coupons).
- You may NOT use our trademarks in your ad title, ad copy, and display name or as the display URL.
- You may NOT direct link to our website from any PPC ad or use redirects that yield the same result. Referral links must be directed to an actual page on your website.
- You may NOT bid in any manner appearing higher than CraneLine.com for any search term in position 1-5 in any auction style PPC advertising program.
- If you automate your PPC campaigns, it is your responsibility to exclude our trademarks from your Program and we strongly suggest you add our trademarks as negative keywords. We have a strict no tolerance policy on PPC trademark bidding.
- You will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning if you engage in PPC trademark bidding that uses our trademarks.
- Sub-Affiliate Networks. Subject to the terms and conditions of this Agreement, you may promote CraneLine.com through a sub-affiliate network. You acknowledge and agree that you will be responsible for ensuring that all sub-affiliates promoting CraneLine.com adhere to the Program terms and conditions contained herein, including but not limited to restrictions on advertising through paid placements. You further acknowledge and agree that you will be solely liable for any violations of the terms and conditions of this Agreement by a sub-affiliate and that such violation may result in termination of this Agreement by CraneLine. Failure to comply with sub-affiliate terms may result in loss and/or reduction of Referral Fees from sales made through any sub-affiliate that does not comply with the terms of this Agreement.
- Advertising & Publicity. You shall not create, publish, distribute, or print any written material that makes reference to our Program without first submitting that material to us and receiving our prior written consent.
OPERATIONS OUTSIDE UNITED STATES
If you are conducting business in or taking orders from persons in other countries, you will follow the laws of those countries. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive if you are conducting business in or taking orders from persons in one or more of the European Union countries.
RELATIONSHIP OF THE PARTIES
Between the parties no joint venture, partnership, employment, franchise, or agency relationship exists between you and CraneLine as a result of this agreement or your utilization of our website.
OTHER PROHIBITED ACTIVITIES
If you fail to comply with any of the provisions of this Section, we may withhold or void any Referral Fees otherwise earned under this Agreement.
- Paid Search Advertising. You shall not bid on, register or purchase any keywords, search terms, AdWords, PPC words, domain names or other identifiers that include any Protected Keywords or any misspellings or variations thereof for use in any search engine, portal, sponsored advertising service or other search service including but not limited to Google, BING, Yahoo. “Protected Keywords” include without limitation: CraneLine, CraneLine.com.
- Misrepresentations. You shall at all times represent yourself and your website(s) as independent from CraneLine and not engage in any acts or omissions that could reasonably cause confusion among end-users as to our relationship with you or any third party, including but not limited to the following:
- Mispresenting or embellishing the relationship between you and CraneLine by stating or implying that you are formally associated with CraneLine.
- Offering, suggesting or giving any impression that you yourself are performing the service offered by CraneLine.
- Identifying your website as the “official site” of CraneLine.
- Website Restrictions. CraneLine may reject your Program application or end your participation in the Program if your website is deemed at any time and in our sole discretion, to be in violation of our policies or otherwise unsuitable. Unsuitable websites include without limitation those that:
- Display or provide content that is profane, obscene, pornographic or sexually explicit or excessively violent, harassing or otherwise objectionable;
- Sell or promote products or services that are illegal in the location in which the content is posted or impermissible under our Acceptable Use policy;
- Contain any viruses, worms, harmful code, time bombs, cancelbots, Trojan horses or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Include any content or materials that infringe in any way or violate any third-party’s intellectual property, publicity, privacy or other rights;
- Violate any law, rule or regulation;
- Contain any software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website (this includes toolbars, browser plug-ins, extensions and add-ons).
INTELLECTUAL PROPERTY
- Trademark License by CraneLine.com. Subject to the terms and conditions herein, CraneLine hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable revocable, license to use our logos, names, trade names, domain names, trademarks and similar identifying material (collectively, the “CraneLine Marks”) for the term of this Agreement and solely for the purpose of generating Qualifying Transactions from your website. You must obtain written approval from us for the use of the CraneLine Marks in each instance and such approval shall be in the sole discretion of CraneLine. Any use of CraneLine Marks must comply with all guidelines, standards and policies provided by CraneLine. You agree not to modify, alter or change the CraneLine Marks in any way. You further agree that you will not form any combination marks with CraneLine Marks, or adopt, use or attempt to register any trademarks, service marks or trade names that confusingly similar to CraneLine Marks unless earlier revoked by CraneLine, this license terminates upon the effective date of the termination of this Agreement. Upon termination of this Agreement, you shall immediately cease to use any CraneLine Marks, information, and promotional materials. You further agree upon termination of this Agreement to remove any CraneLine Marks from items and locations under your control.
- Trademark License by you. Subject to the terms of this Agreement, you hereby grant CraneLine.com a royalty-free, non-exclusive, non-transferable, non-sublicensable license during the term of this Agreement to use your trademarks, logos, names, trade names, domain names, or similar identifying items (“Your Marks”) to perform activities and obligations contemplated under this Agreement. CraneLine.com expressly acknowledges your sole and exclusive ownership of Your Marks and agrees not to take any action inconsistent with such ownership. CraneLine.com agrees not to form any combination marks with Your Marks, or adopt, use or attempt to register any trademarks, service marks or trade names that are confusingly similar to your Marks.
- Reservation of Rights. Each party shall continue to own all rights, title and interest in and to its patents, know-how, trade-secrets, software, trademarks and other intellectual property, subject only to the license rights expressly granted herein. Except for the limited license expressly set forth above reserves all right, title and interest, including all intellectual property and proprietary rights, in the Licensed Materials, the Referral Link, API, marketing materials, documentation, content, any domain names owned or operated by us or our tour advisors, or any other intellectual property or technology that we provide to you for use in connection with the Program.
CONFIDENTIALITY
- Confidential Information. “Confidential Information” shall include any and all information associated with a party’s business and not publicly known, including but not limited to information concerning the other party’s proprietary business procedures, products, services, operations, as well as specific business and financial information, customer lists, pricing and service information, technical processes and formulas, software, customer data, product designs, business plans, marketing data and any other information provided or made available to the other party in during the negotiation or performance of this Agreement, whether or not such information is labeled or marked as confidential by such party. Confidential Information shall not include any information that the receiving party can prove: (i) was already in the public domain, other than as a result of a breach of this Agreement; (ii) was already in possession of the receiving party at the time of disclosure of such information; or (iii) was independently developed by the receiving party without use of or reference to the other party’s Confidential Information.
- Use of Confidential Information. Each party and its respective affiliates, directors, officers, employees and agents will keep all Confidential Information of the disclosing party confidential. Each party further agrees that it will take all reasonable steps, at least equivalent to the steps to protect its own proprietary information, to prevent the use, duplication, or disclosure of the other party’s Confidential Information. Each party agrees to use the other party’s Confidential Information solely as necessary to perform its obligations under this Agreement and shall restrict disclosure or access to the Confidential Information to only those employees or agents who are directly involved in negotiating or performing obligations under this Agreement. Such employees or agents will be subject to confidentiality provisions at least as stringent as the provisions contained herein.
- Compelled Disclosure. Notwithstanding the foregoing, a party may disclose Confidential Information of the other party as required by law, regulation or order of any court of proper jurisdiction over the parties, provided that: (i) the receiving party shall give the disclosing party prompt written notice of such required disclosure (if legally permissible); (ii) use commercially reasonable efforts to cooperate with the disclosing party seek confidential treatment of any information that it is required to disclose; and (iii) only disclose such portion of the Confidential Information that is legally required (in the opinion of counsel).
- Unauthorized Disclosure. Upon discovery of any suspected or actual unauthorized access, use or disclosure of Confidential Information, the receiving party will: (i) promptly notify the disclosing party of the security breach; and (ii) take all reasonable steps (at its own expense) necessary to prevent further unauthorized access, mitigate the effects of the security breach and/or regain possession of the Confidential Information.
- Return of Confidential Information. Upon termination of this Agreement, the receiving party will promptly return to the disclosing or destroy all Confidential Information (and any copies, extracts, or summaries thereof). The provision of this Section (Confidentiality) shall survive termination of this Agreement.
- Equitable Remedies. Both parties agree that in the event of a breach of this Section (Confidentiality) by a receiving party, the disclosing party may not have an adequate remedy solely in money damages and any such breach may cause irreparable harm. In the event of such breach, each party agrees that the other party shall be entitled, without the requirement of posting a bond or other security, to equitable relief, including an injunction or specific performance.
ENDORSEMENT DISCLOSURE
You must identify yourself as a non-employment tour advisor in compliance with the Endorsement and Testimonial Guidelines published by the Federal Trade Commission (“FTC”). You shall include a disclosure statement within any and all pages, blog/posts, or social media posts where the Referral Link is posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement.
For more information about FTC disclosure requirements, please review the FTC’s “Dot Com Disclosures” Guidelines and the FTC’s Endorsements and Testimonials Guidelines.
If you engage in “native advertising” in connection with the promotion of CraneLine products or services, you agree to comply with the FTC’s Enforcement Policy Statement on Deceptively Formatted Advertisements and any related guidelines.
TERM AND TERMINATION
The term of this Agreement begins upon your acceptance in the Program and will end when terminated by either you or us. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.
Upon termination of this Agreement, any and all licenses granted hereunder shall terminate immediately. You shall immediately stop using the Referral Link and any other materials provided or made available to you under this Agreement. All rights to payment, causes of action and any provisions that by their terms are intended to survive termination, shall survive termination of this Agreement. CraneLine will not pay any Referral Fees to Tour Advisor/Affiliate for any Qualifying Transactions conducted by a customer after the effective date of termination.
We may, in its sole discretion, change, suspend or discontinue any aspect of the Program (in whole or part), an offer or link or remove, alter, or modify any tags, text, graphic or banner ad in connection with a link. You agree to promptly implement any request from us to remove, alter or modify any link, graphic or banner ad that is being used by you as part of the Program.
The terms and conditions of this agreement may be modified by us at any time. The most current version of the Agreement will supersede all previous versions. Any changes to this Agreement will become effective immediately. Your continuing participation in the Program will constitute your acceptance of any change. We encourage you to review the Agreement periodically to stay informed about updates and changes. If you object to any changes in the Agreement, your sole and exclusive remedy will be to cease participation in the Program.
We reserve the right in our sole discretion to terminate any accounts that are deemed “inactive.” A Tour Advisor account will be considered inactive if it fails to generate any Qualifying Transactions for a period of 12 months or longer. In the event that your account and thereby your participation in the Program is deactivated, this Agreement will terminate.
Your tour advisor (advanced level) application and status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Signing contracts on behalf of CraneLine with any third parties
- Failure to disclose the advisor relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Violation of intellectual property rights. CraneLine reserves the right to require license agreements from those who employ trademarks of CraneLine in order to protect our intellectual property rights.
- Offering rebates, coupons, or other form of promised kick-backs from your commission as an incentive. Adding bonuses or bundling other products with CraneLine, however, is acceptable.
- Self-referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, CraneLine reserves the right to terminate any tour advisor account (advanced level) at any time, for any violations of this Agreement or no reason. Terminated tour advisor account (advanced level) would not be able to act as tour advisor account.
INDEMNIFICATION
Tour advisors shall indemnify and hold harmless CraneLine and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by CraneLine to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of the Program.
LIMITATION OF LIABILITY
CraneLine will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by CraneLine. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
DISCLAIMER
The Program, our website and any services offered by CraneLine together with any special links or operational documentation or any other information provided by us in connection with the Program is provided “as is.” In addition, we make no express or implied warranties or representations with respect to the Program or any services offered through the Program (including without limitation warranties of fitness, merchantability, non-infringement, or implied warranties arising out of the course of dealing, performance or trade usage). Moreover, we make no representation that the operation of our website will be uninterrupted or error free, and we will not be liable for the consequences of any such interruptions or errors.
GOVERNING LAW, JURISDICTION AND ATTORNEY FEES
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Delaware. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Dover, Delaware.
In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
ELECTRONIC SIGNATURES EFFECTIVE
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Share a Sale and/or CraneLine application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.