AirGorilla Affiliate Program Agreement

THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE "AFFILIATE" AND AIRGORILLA LLC ("AIRGORILLA"). BY SIGNING THIS AGREEMENT 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.

THIS AFFILIATE AGREEMENT ("AGREEMENT") CONTAINS THE COMPLETE AND SOLE TERMS AND CONDITIONS THAT APPLY TO YOUR COMPANY BECOMING A MEMBER OF THE AIRGORILLA AFFILIATE PROGRAM.

EITHER PARTY MAY TERMINATE THE AGREEMENT WITH OR WITHOUT CAUSE UPON GIVING WRITTEN NOTICE TO THE OTHER PARTY. WRITTEN NOTICE CAN BE IN THE FORM OF MAIL, OR EMAIL.

AIRGORILLA HAS THE RIGHT TO MONITOR THE AFFILIATE SITE AND TO DECIDE AT OUR SOLE DISCRETION IF THE CONTENT OF THE AFFILIATE SITE AND/OR LINKS TO OTHER WEBSITES ARE APPROPRIATE. IF AIRGORILLA DECIDES THAT THE AFFILIATE LINKS AND OR SITE CONTENT IS INAPPROPRIATE WE MAY TERMINATE THE AGREEMENT WITH NO NOTICE.

MAINTENANCE, SITE CONTENT, COPYRIGHT USAGE AND UPDATING OF THE AFFILIATE SITE SHALL BE THE SOLE RESPONSIBILITY OF THE AFFILIATE.

AIRGORILLA WILL MAKE AVAILABLE EMBLEMS AND LOGOS FOR USE BY THE AFFILIATE IF DESIRED AND REQUESTED BY THE AFFILIATE.

THE AFFILIATE AGREES NOT TO USE THE NAME OF AIRGORILLA FOR ADVERTISING OR PROMOTIONAL USE, UNLESS GIVEN SPECIFIC PRIOR WRITTEN OR ELECTRONIC PERMISSION BY AIRGORILLA. THIS INCLUDES USING AIRGORILLA'S NAME OR A VARIATION ON THAT NAME AS A KEYWORD TO TRIGGER THE APPEARANCE OF AN AD ON A SEARCH ENGINE OR 3RD-PARTY INTERNET PORTAL.

AFFILIATE SHALL GIVE AIRGORILLA PRIOR WRITTEN OR ELECTRONIC NOTICE IF AFFILIATE INTENDS TO ENTER INTO AN AFFILIATE AGREEMENT WITH ANY OTHER TRAVEL RELATED COMPANY OR ONLINE TRAVEL RELATED SERVICE.

CUSTOMERS WHO BOOK AND PURCHASE TRAVEL FROM THE AFFILIATE WEBSITE THROUGH AIRGORILLA TECHNOLOGY SHALL BE CONSIDERED CUSTOMERS OF AIRGORILLA. AFFILIATE SHALL NOT MAIL, DISTRIBUTE, PHONE, EMAIL OR OTHERWISE CONTACT CUSTOMERS WHO BOOK AND PURCHASE TRAVEL FROM THE AFFILIATE WEBSITE THROUGH AIRGORILLA TECHNOLOGY.

MAINTENANCE, UPGRADES, ADDITIONS AND UPDATES OF THE BOOKING TECHNOLOGY PROVIDED BY AIRGORILLA, SHALL BE THE SOLE RESPONSIBILITY OF AIRGORILLA.

AFFILIATE SHALL BE GIVEN EMAIL REPORTS OF SALES MONTHLY, OR BE GIVEN ACCESS TO REPORTS AND SALES STATISTICS BY ELECTRONIC MEANS. AFFILIATE AGREES THAT SUCH MONTHLY SALES REPORTS, OR ACCESS TO SUCH REPORTS AND SALES STATISTICS SHALL BE CONSIDERED THE SOLE VALID DETERMINATION OF BOOKINGS AND RESERVATIONS BY WHICH COMMISSIONS SHALL BE CALCULATED AND PAID COMMISSIONS SHALL BE PAID BY AIRGORILLA TO AFFILIATE MONTHLY THE 10TH OF EACH MONTH, PAYMENT TO BE MADE THE 2ND MONTH AFTER TICKET SALES, UNLESS TOTAL COMMISSION IS BELOW $200.00 IN WHICH CASE PAYMENT SHALL BE MADE AT THE BEGINNING OF THE NEXT MONTH AFTER AND WHEN COMMISSION EXCEEDS $200.00.

CHARGE BACKS OR LATE CANCELLATIONS SHALL BE DEDUCTED FROM THE AFFILIATE'S COMMISSION.

COMMISSIONS SHALL BE PAID AS FOLLOWS: TEN (10) US DOLLARS PER VERIFIED AIRLINE RESERVATION BOOKED USING THE ONLINE BOOKING TECHNOLOGY (EXCLUDES TELEPHONE BOOKINGS). FOR RESERVATIONS THAT STAY IN "PENDING" STATUS INSTEAD OF ENTERING "TICKETED" STATUS FOR REASONS SUCH AS REQUIRING REBOOKING OF A FAILED RESERVATION ATTEMPT, COMMISSIONS WILL BE TWO (2) US DOLLARS PER AIRLINE BOOKING. FOR HOTEL RESERVATIONS, COMMISSION WILL BE 50% OF THE TOTAL COMMISSION RECEIVED BY AIRGORILLA FROM ITS PROVIDERS. A LOGIN INTERFACE WILL BE PROVIDED FOR THE AFFILIATE TO TRACK BOOKINGS.

CURRENTLY CAR AND OTHER NON-AIRLINE NON-HOTEL BOOKINGS ARE NON-COMMISSIONABLE TO THE AFFILIATE. A BOOKING WILL BE CREDIT TO THE AFFILIATE'S ACCOUNT USING "COOKIE"-BASED TECHNOLOGY.

EITHER PARTY MAY USE TERMINATION OF THIS AGREEMENT AS A CURE FOR UNACCEPTABLE MODIFICATIONS OR CHANGES OF ANY KIND IMPLEMENTED BY THE OTHER PARTY.

AIRGORILLA ASSUMES NO LEGAL RESPONSIBILITY OR CONNECTION TO NON-AIRGORILLA TRANSACTIONS MADE ON THE AFFILIATE'S WEB SITE. AIRGORILLA ASSUMES NO LEGAL RESPONSIBILITY FOR THE QUALITY OF SERVICE OR BEHAVIOR OF THE AFFILIATE IN THE AFFILIATE'S OTHER BUSINESS DEALINGS.

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