AboutAirportParking.com
is the leading independent airport parking directory and reservation
network on the internet. We enable travelers to comparison shop
off-airport parking lots then find and reserve a space for almost
always less than the drive-up price. When compared to parking in
airport operated lots the savings are even more significant. We make it
possible to use the handy tools people are accustomed to using when
shopping online for other products, such as price comparisons,
objective, verified user reviews, and maps. Since you're already
booking your flight and hotel online, why not your parking spot!
Two goals drive
our business: (1) Provide the best airport parking selection and
booking experience possible to the traveler, and (2) Help the Parking
Lot Owner/Manager to grow and expand their parking business by
maximizing the value they get from internet marketing and bring them
new customers. We are committed to customer and partner satisfaction.
Our affiliate partners will be thrilled with the significant revenue
shares that we pay! Off-airport parking reservations is one of the
fastest growing travel booking trends in the industry. Your website
will earn money through one of the highest revenue share percentages
and per transaction pay-outs in the travel vertical.
ABOUTAIRPORTPARKING.COM PEPPERJAM
NETWORK PUBLISHER AGREEMENT
This Publisher Agreement (this "Agreement") is made between you ("You")
and AboutAirportParking.com ("We" or "Us") and will govern your
participation in Engagements through the Pepperjam Network with Us.
BACKGROUND
Both parties desire to establish the general terms and conditions which
shall govern advertising and commission arrangements between You and Us
resulting from your participation in Engagements via the Pepperjam
Network.
TERMS
AND CONDITIONS
In consideration of the promises set forth below, each party agrees as
follows:
1. Offers and Engagements.
1.1. From time to time, We may post on the Pepperjam Network offers
(each, an "Offer") to pay to participants a specified commission in
return for certain advertising services leading to a Qualifying Link
(defined below).
1.2. If You accept one of our Offers, we will have entered into an
"Engagement." Each Engagement shall have the same
identification number as the original Offer that lead to the Engagement
and shall be governed by the terms and conditions of this
Agreement. However, in the event of any inconsistency between
the terms of the specific Engagement and the terms of this Agreement,
the terms of the Engagement shall govern.
1.3. At any time prior to You displaying a Qualifying Link on one of
Your websites, We may, with or without notice (a) change, suspend or
discontinue any aspect of an Offer or an Engagement or (b) remove,
alter, or modify any graphic or banner ad that we have submitted for an
Offer or an Engagement (an Ad). You agree to promptly
implement any request from Us to remove, alter or modify any such Ad.
2. Your Responsibilities.
2.1. You hereby agree to comply with all applicable laws.
2.2 You hereby agree that the position, prominence and nature of links
and Ads on Your site shall comply with any requirements specified in
the Engagement, but otherwise will be in Your discretion.
2.2. You agree not to make any representations, warranties or other
statements concerning Us, Our site, any of Our products or services, or
Our site policies, except as expressly authorized by the Engagement.
2.3. You are responsible for notifying Us and Pepperjam of any
malfunctioning of the URLs specified in the Engagement (the "Required
URLs") or other problems with Your participation in the
Engagement. We will respond promptly to all concerns upon
receipt of Your notification.
2.4 You shall be solely responsible for the design, programming,
hosting, content, maintenance, accessibility, and appearance of Your
website. You shall use reasonable means to protect Your website from
hacking or hijacking. You shall post a privacy policy on Your website
and comply with the terms of the policy.
2.5 You shall not engage in any of the following practices:
(1) framing Our website; (2) "mousetrapping" visitors to Your website
or otherwise interfering with web users ability to close any browser
window; (3) using any virus, spyware, trojan horse, worm, time bomb,
cancelbot, malicious code, or other computer programming routines that
may damage, interfere with, or intercept any system or data; (4)
distorting or altering an Ad; (5) copying all or any portion of Our
website or the look and feel of Our website; (6) registering,
transferring, or offering for sale, any domain name that is confusingly
similar to any of Our domain names or trademarks, or bidding on any
keywords that contain Our domain names or trademarks; (7) using the Ads
in a manner that implies or suggests that We endorse or sponsor Your
website or any of Your products or services or those of any third
party; (8) using the Ads in any manner that tarnishes, blurs or dilutes
Our trademarks or that is likely to do so; (9) displaying the Ads on
any web pages that contain any infringing, illegal, immoral, offensive,
controversial or pornographic content; (10) using any e-mail address
containing Our name or trademarks; (11) failing to comply with Your
websites privacy policy; and (12) failing to disclose to web users
that Your website uses cookies and failing to provide an explanation of
what type of information You collect through cookies on Your website.
2.6 If you send unsolicited commercial email that contains Ads or
Required URLs or that refers or relates to Us, you must ensure that you
comply with the CAN-SPAM Act (and any other applicable federal or state
laws). In particular, when sending commercial email messages: (1) You
must not use false or misleading header information; (2) You must not
use deceptive subject lines; (3) You must prominently identify the
email as an advertisement; (4) You must use a valid physical postal
address in the email; (5) You must include an opt-out method; (5) You
must cease sending email messages to any recipient who has opted out;
and (6) the e-mail messages must clearly state that the messages are
not generated by Us.
3. Commissions.
3.1. We agree to pay to You the commission specified in the Engagement
if a "Customer" accesses Our site via a Qualifying Link, makes a
parking reservation and refrains from cancelling such reservation prior
to his or her scheduled arrival date. By way of clarification, a
commission is not earned when a Customer makes a reservation but rather
at the scheduled arrival time as set forth on the reservation and only
if the Customer has not cancelled the reservation in accordance with
Our cancellation policy which can be found at
www.aboutairportparking.com/terms-of-use.
3.2. A "Qualifying Link" is a link from Your site to Our site using one
of the Required URLs or any other URL provided by Us for use in the
Pepperjam Network if it is the last such paid link to Our site that a
Customer uses during a Session in which that Customer makes a parking
reservation. A "Session" is the period of time beginning from
a Customer's contact with Our site via a link from Your site and
terminating upon the earliest to occur of the following: (a) the
Customer returns to Our site via a link from either another affiliate
publisher site or a paid search result, (b) the Engagement expires or
is terminated, or (c) forty-five (45) days from the date on which such
customer last arrived on Our site via link from Your site. By way of
clarification, We will pay commission to no more than one publisher for
any given parking reservation.
3.3. We shall have the sole right and responsibility for processing all
reservations made by Customers. You acknowledge that all agreements
relating to parking reservations shall be between Us and the Customer.
3.4. All determinations of Qualifying Links and whether a commission is
payable will be made by Us and will be final and binding on both You
and Us. Prices for parking reservations will be set solely by
Us in Our discretion.
4. Ownership and Licenses.
4.1. Each party owns and shall retain all right, title and interest in
its names, logos, trademarks, service marks, trade dress, copyrights
and proprietary technology, including, without limitation, those names,
logos, trademarks, service marks, trade dress, copyrights and
proprietary technology currently used or which may be developed and/or
used by it in the future.
4.2. We grant to You a revocable, non-exclusive, worldwide license to
use, reproduce and transmit the name, logos, trademarks, service marks,
trade dress and proprietary technology, as designated in the Engagement
or during the registration process in the Pepperjam Network (Our
Content), on Your site solely for the purpose of creating links from
Your site(s) to Our site(s) during Engagements. Except as expressly set
forth in this Agreement or permitted by applicable law, You may not
copy, distribute, modify, reverse engineer, or create derivative works
from Our Content. You may not sublicense, assign or transfer
any such licenses for the use of Our Content, and any attempt at such
sublicense, assignment or transfer is void.
5. Termination.
5.1. Either party may terminate any Engagement at any time by deleting
their acceptance of the Engagement through the Pepperjam Network.
Termination of an Engagement shall not terminate this Agreement or any
other Engagement.
5.2. Either party may terminate this Agreement at any time, for any
reason, provided that they provide at least seven day's prior written
notice of such termination to the other party. In addition,
either party may terminate this Agreement immediately upon written
notice of such termination to the other party if the other party
breaches any of its obligations, representation or warranties
hereunder. Termination of this Agreement shall also terminate any
outstanding Engagements. However, all rights to payment,
causes of action and any provisions which by their terms are intended
to survive termination, shall survive termination of this Agreement.
6. Representations.
6.1. Each party represents to the other that (a) it has duly and
validly executed this Agreement; (b) this Agreement constitutes a
legal, valid and binding obligation and is fully enforceable against
it; (c) it has the full right, power, and authority to enter into and
be bound by the terms and conditions of this Agreement and to perform
its obligations under this Agreement, without the approval or consent
of any other party; (d) it is duly organized, validly existing and in
good standing under the laws of its state of organization; and (e) any
material which it displays on its website, or provides to the other
party for display on the other party's site, will not (i) infringe on
any third party's copyright, patent, trademark, trade secret or other
proprietary rights or right of publicity or privacy; (ii) violate any
applicable law, statute, ordinance or regulation; (iii) be defamatory
or libelous; (iv) be lewd, pornographic or obscene; (v) violate any
laws regarding unfair competition, antidiscrimination or false
advertising; (vi) promote violence or contain hate speech; or (vii)
contain viruses, trojan horses, worms, time bombs, cancelbots or other
similar harmful or deleterious programming routines.
6.2. EXCEPT FOR THE ABOVE REPRESENTATIONS NEITHER PARTY MAKES ANY
REPRESENTATIONS OR WARRANTIES TO THE OTHER PARTY, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
7. Indemnification. Each party hereby agrees to indemnify, defend and
hold harmless the other party and its affiliates, and their directors,
officers, employees and agents, from and against any and all third
party claims, losses, damages, injuries or expenses (including
reasonable attorneys' fees) arising out of (a) any breach, or alleged
breach, of any of its representations or obligations herein, or (b) the
indemnifying partys website or any content contained therein.
8. Limitation of Liability. In no event shall either party be liable to
the other party for any direct, indirect, special, exemplary,
consequential or incidental damages, even if informed of the
possibility of such damages. NEITHER PARTY'S AGGREGATE LIABILITY UNDER
THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF
LIABILITY, SHALL EXCEED THE AMOUNT PAID TO YOU BY US DURING THE 12
MONTHS PRECEDING SUCH CLAIM. The foregoing limitations of liability
shall not apply to the indemnification obligations set forth in Section
7.
9. General.
9.1. Each party shall act as an independent contractor and shall have
no authority to obligate or bind the other in any respect.
9.2. This Agreement shall be governed by, and construed in accordance
with, the laws of the State of California, without giving any effect to
any choice of law provisions thereof that would cause the application
of the laws of any other jurisdiction. Any litigation based
on, or arising out of, under, or in connection with this Agreement,
shall be brought and maintained exclusively in the courts of the State
of California or in the United States District Court for the Central
District of California. The parties hereto hereby expressly
and irrevocably submit to the jurisdiction of the courts of the State
of California and of the United States District Court for the Central
District of California for the purpose of any such
litigation. The parties hereto further irrevocably consent to
the service of process by personal service within or without the State
of California. The parties hereto hereby expressly and
irrevocably waive, to the fullest extent permitted by law, any
objection which it may now or hereafter have to the laying of venue of
any such litigation brought in any such court referred to above and any
claim that any such litigation has been brought in an inconvenient
forum.
9.3. By accepting any Offer through the Pepperjam Network, You agree
that you will be deemed to have executed, and will be bound by, this
Agreement.
9.4 You shall not issue any press release or make any public statement
regarding this Agreement (including the terms and existence thereof) or
the relationship of the parties without Our prior written approval
which may be withheld in Our sole discretion.
9.5. The provisions of this Agreement are independent of and separable
from each other, and no provision shall be affected or rendered invalid
or unenforceable by virtue of the fact that for any reason any other or
others of them may be invalid or unenforceable in whole or in part.
9.6 We may modify any of the terms and conditions in this
Agreement, and/or any of our policies and operating procedures at any
time and from time to time, in our sole discretion. You will be
notified by email of any such modification and the updated Agreement
will be posted on the Pepperjam Network. If the modification is not
acceptable to you, you may terminate your continued participation in
any outstanding Engagements. Your continued participation in any such
Engagements after any such modifications are made constitutes your
acceptance of the modifications.
9.7 If either party prevails in any action, suit, or
proceeding arising from or based upon this Agreement, such party shall
be entitled to recover from the other party reasonable attorneys fees
in connection therewith in addition to the costs of such action, suit,
or proceeding.