Affiliate Program Terms
Thank you for your interest in participating in the FishingBooker Affiliate Program (the “Program”). Our Affiliates are very important to us. In order to enroll as an "Affiliate" in the Program, you will first need to read and accept the terms of the Affiliate Program Agreement that is provided below, in addition to accepting the Quality Unit, LLC and Publisher terms and conditions.
By "FishingBooker/us/we/our/site" we mean the features and services we make available, including through our website at fishingbooker.com (https://fishingbooker.com/) and any other branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions) now existing or later developed.
If you have any questions, please don’t hesitate to contact us. For the quickest response, please email us at [email protected].
AFFILIATE PROGRAM AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN YOU (THE “AFFILIATE”) AND FISHINGBOOKER, INC. (THE "SITE"). PLEASE READ IT CAREFULLY. IF YOU WOULD LIKE TO BECOME AN AFFILIATE PLEASE APPLY TO OUR PROGRAM THROUGH POST AFFILIATE PRO AND AGREE TO THE AFFILIATE PROGRAM AGREEMENT.
This FishingBooker Affiliate Program Agreement (this “Agreement”) contains the terms and conditions for your participation in the FishingBooker Affiliate Program. The purpose of this agreement is to allow HTML linking between your website and the FishingBooker.com website. In this Agreement, “you,” “your” and “yours” means the Affiliate, and “we,” “us,” “our” and “ours” means FishingBooker Inc.
To begin the enrollment process, you will complete and submit the online application at www.postaffiliatepro.com. All Affiliate applications are evaluated and approved manually. FishingBooker reserves the right to reject any application at its sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including, but not limited to, if it:
- Promotes sexually explicit materials
- Promotes violence
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promotes illegal activities
- Incorporates any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law
- Includes ‘’FishingBooker’’ or variations or misspellings thereof in its domain name
- Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable to us at our sole discretion
- Contains software downloads that potentially enable diversions of commission from other affiliates in our program
- You may not create or design your website or any other website that you operate, explicitly or implied in a manner that resembles our website nor design your website in a manner that leads customers to believe you are FishingBooker.com or any other affiliated business
As a member of FishingBooker’s Affiliate Program, you will have access to an Affiliate Account Manager. Here you will be able to review our Program’s details and previously-published affiliate newsletters, download HTML code (that provides links to web pages within the FishingBooker.com website) and banner creative, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with ("Your Links").
FishingBooker.com 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.
The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up to date and to notify you of any changes that we feel should enhance your performance. We may test your Affiliate Site’s URL, and if such URL is not in compliance with the terms and conditions of this Agreement, we may, at our sole discretion and without limiting any other right or remedy to which we may be entitled:
- remove such non-conforming URL from the Program; and/or
- terminate this Agreement.
It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a written work, an image, or any other copyrightable work. We will not be responsible if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
You authorize us to include at our discretion your logos, trademarks, trade names and similar identifying material (“Your Marks”) on FishingBooker in a listing of companies who are participating in the Program. You represent and warrant that you are the sole and exclusive owner of Your Marks and have the right and power to grant to us the license to use them in the manner described herein, and such grant does not or will not breach, conflict with, or constitute a default under any agreement or other instrument applicable to you; or infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity and you will be liable for any damages suffered by FishingBooker if this proves untrue. We will remove Your Marks from any such lists upon the effective date of the expiration or termination of this Agreement.
We strongly advise affiliates to stay compliant with the Federal Trade Commission (FTC) guidelines on testimonials and endorsements. All endorsements, reviews, testimonials on FishingBooker.com services, as well as relationships between other types of content websites (forums, blogs, microblogs, and other Social Media channels) and FishingBooker.com must be clearly disclosed in a separate policy on the affiliate sites.
FishingBooker Rights and Obligations
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 website are appropriate and to notify you further of any changes that we feel should be made. If you do not make the changes to your site that we feel necessary, we reserve the right to terminate your participation in the FishingBooker Affiliate Program.
FishingBooker.com reserves the right to terminate this Agreement and your participation in the FishingBooker.com Affiliate program immediately and without notice to you should you commit fraud in your use of the Program or should you abuse this program in any way. If such fraud or abuse is detected, FishingBooker.com 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.
Either you or we may end this Agreement at any time, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email, or fax. In addition, we reserve the right to immediately terminate this Agreement if you are found to be in breach of it.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and FishingBooker’s Affiliate Program rules. If any modification is unacceptable to you, you should terminate this Agreement. Your continued participation in FishingBooker’s Affiliate Program following the posting of the chance notice or new Agreement on our site will indicate your agreement to the changes.
Access to Affiliate Account Interface
You will create a password so that you may enter Post Affiliate Pro secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commission due to you.
FishingBooker uses Paypal, Inc for payment processing services. By using the Paypal payment processing services Affiliates agree to the Paypal User Agreement, available at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full. FishingBooker reserves the right to choose a different type of payment method other than aforementioned if, in good faith, it determines that a different type of payment method is more adequate.
Payments to Affiliates from FishingBooker are made once a month, after the 15th of the month, once an Affiliate has earned an amount in commission equal to or more than $100 (one hundred US dollars). While this is standard practice, FishingBooker reserves the right to make payments even if the sum earned by the Affiliate is less than $100, at our sole discretion.
Payments can only be made if correct payment information is provided by the Affiliate, and FishingBooker will not be liable for any late or incomplete payments caused by the Affiliate not providing correct payment information. Payment information must be submitted in the form of an invoice to [email protected] with all necessary business information, data on successful trips and information on the Affiliate's commission. Please reach out to [email protected]. if you are unsure of any payment information before submitting an invoice to [email protected]. Please make sure that all amounts are expressed in USD. Paypal may charge additional fees when processing payments and payouts and FishingBooker is not responsible for any such fees and disclaims all liability in this regard. Affiliates are fully responsible for payment of any fees or additional charges imposed by the payment processor.
The Affiliate payment scale is set every quarter and the count of successful trips resets once a quarter has finished. Quarters are defined as four per year, each lasting three months, from the beginning of the calendar year. The commission scale for Affiliates is as follows:
- 0-4 successful bookings = 6% commission of the trip price, per booking
- 5-9 successful bookings = 7% commission of the trip price, per booking
- 10-19 successful bookings = 8% commission of the trip price, per booking
- 20+ successful bookings = 9% commission of the trip price, per booking
FishingBooker reserves the right to set payment scales individually with Affiliates, at our own discretion.
You are free to promote your own websites, but any promotion that mentions FishingBooker.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by FishingBooker.com, namely:
- Advertising commonly referred to as ‘’spamming’’ is unacceptable to us and could cause damage to our brand
- Use of unsolicited commercial email (UCE),
- Postings to non-commercial newsgroups, and
- Cross-posting to multiple newsgroups at once.
- You may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address
You may use mailings to customers to promote FishingBooker.com so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote FishingBooker.com so long as the newsgroup specifically welcomes commercial messages. At all times, you must clearly represent yourself and your websites as independent from FishingBooker.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in FishingBooker’s Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
Affiliates that exclusively bid in their Pay-Per-Click campaigns on keywords such as:
- FISHINGBOOKER COM
AND/OR ANY MISSPELLINGS OR SIMILAR ALTERATIONS OF THESE-BE IT SEPARATELY OR IN COMBINATION WITH OTHER KEYWORDS - And direct traffic from such campaigns to their own website, will be considered trademark violators and will be banned from FishingBooker’s Affiliate Program. We reserve the right to expel any trademark violator from our affiliate program without prior notice and on the first occurrence of such PPC bidding behavior. Affiliate represents and warrants to FishingBooker.com that, they shall not use or display (directly or indirectly), the trademark, logo, or branding (including, without limitation, any misspelling or substantially similar version thereof) of FishingBooker's Product suppliers, in any manner whatsoever (including without limitation, in any search engine marketing or optimization, in any domain name, any other online/offline marketing or advertising, press releases, etc.) without first obtaining prior written approval from FishingBooker.
Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospect's information is real and true and these are valid leads. (i.e., sincerely interested in FishingBooker’s service).
Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets,” or “deceptive pop-ups and/or popunders” to consumers from the time the consumer clicks a qualifying link until such time as the consumer has fully exited FishingBooker’s website (i.e., no page from our site or any FishingBooker’s content or branding is visible on the end user’s screen). As used herein “Parasiteware™” and “Parasitic Marketing” shall mean an application that
- through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer-initiated click on a qualifying link on a web page or email;
- intercepts searches to redirect traffic through an installed software, thereby causing pop ups, commission tracking cookies to be put in place, or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines);
- set commission tracking cookies through loading of FishingBooker.com in IFrames, hidden links, and automatic pop ups that open FishingBooker’s website;
- targets text on websites, other than those websites 100 percent owned by the application owner, for the purpose of contextual marketing;
- removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on websites 100 percent owned by the owner of the application.
Affiliates that are found to be cybersquatting or typosquatting on trademark-related domains will be banned from the program with all their commissions reversed.
Grant of Licenses
We grant to you a nonexclusive, non transferable, revocable right to
- access our site through HTML links solely in accordance with the terms of this Agreement, and
- solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose.
You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of FishingBooker’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of FishingBooker.com and the goodwill associated therewith will inure to the sole benefit of FishingBooker.com.
Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene, or otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
Representations and Warranties
As an Affiliate, You represent and warrant that:
This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by FishingBooker to the Affiliate during negotiation or the effective term of this Agreement, which is marked “Confidential,” will remain the sole property of FishingBooker, and the Affiliate will keep it in confidence and not use or disclose such proprietary information without express written permission of FishingBooker.
Affiliates agree that they are an independent contractor and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Affiliate and FishingBooker.com. Affiliates will have no authority to make or accept any offers or representations on our behalf. Affiliates will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party. This Agreement shall be governed by and interpreted in accordance with the laws of Virginia without regard to the conflicts of laws and principles thereof. You may not amend or waive any provision of this Agreement unless in writing and approved by both parties. This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written. The headings and titles contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.