DreamTrips Exclusive Deals Program Terms and Conditions Revised July 30, 2015

Transcription

1 What is Exclusive Deals? DreamTrips Exclusive Deals Program Terms and Conditions Revised July 30, 2015 The DreamTrips Exclusive Deals Program (the Program ) is a benefit of the DreamTrips Local initiative within the DreamTrips family of membership products (collectively DreamTrips Membership or DreamTrips ) offered by WorldVentures Marketing, LLC and its affiliates ( us, we, or Company ). The Program offers Members the benefit of accessing approved discounts on goods and services on the DreamTrips website. These Deals are sourced from local businesses, including various vendors and service providers, referred to here as Merchants. The Program is exclusive to Members of DreamTrips and is not available to the general public. Merchants are able register on the DreamTrips Exclusive Deals website, and once approved, these Deals are listed on the DreamTrips website for Members to redeem. Deals will be available wherever local Merchants participate globally. This could mean locally where Members live, near a DreamTrips destination, or at other travel destinations. Deals could have an expiration date. To redeem a Deal, Members can click on the Deal and click on Redeem Offer. Members will take the Deal to the respective Merchant (or online) to receive the discount/value/promotional offer. Applicability Merchant Account Company Responsibilities: Merchant Responsibilities: These Terms and Conditions are for participating Merchants in the Exclusive Deals Program. The Merchant must register with the Program by creating an account (either by registering directly through the site or by submitting a paper agreement). When a Merchant chooses to create an account, they agree to provide only accurate, complete registration information, and they will keep that information up-to-date when it changes. The Program will promote the Merchant s Deal(s) on the DreamTrips.com website which is exclusive to DreamTrips Members. The Program will offer DreamTrips Members coupons to be printed for Deal redemption. When new Deals are offered, the Program Merchant Support will review and promote a Deal as long as the Deal qualifies based on these Terms and Conditions. The Program Merchant Support will offer support to the Merchant in regards to review, approval, and promotion of Deals. All use by Merchants on the Program must comply with all applicable laws and must comply with these Terms and Conditions. Merchant agrees that the Company is the promoter of the Deal on behalf of the Merchant; the Merchant remains the issuer of the Deal, the provider of the Merchant product/services, and the obligor with regards to the Deal. Accordingly, the Merchant

2 Merchant Conduct in Use of Exclusive Deals Site: agrees that it, and not the Company, is solely responsible to fulfill the Deal and provide the Merchant product/services to the Member redeeming each Deal in accordance with these Terms and Conditions. Merchant shall provide its own set of Terms and Conditions, as it deems necessary, for each Deal offered. Merchant agrees to honor and fulfill all Deals promoted on the DreamTrips Exclusive Deals website on its behalf through the expiration date of the Deal. Merchant agrees to accept Deal coupons in any form presented for redemption that has been approved by the Program, including but not limited to, a physical printout of the Deal or by displaying the Deal on a mobile device such as a smartphone. Merchant shall not treat Deal holders differently from other paying customers in the scheduling (i.e. use of blackout dates and times) or delivery of services. Merchant will be asked to provide a logo, photograph, or other marketing materials ( Merchant Content ) to be used in promoting the Deal and by providing the Merchant Content grants a nonexclusive, royalty free license to Company for use of the Merchant Content in accordance with these Terms and Conditions. Merchant will not provide any Merchant Content for which it cannot or does not have the license to grant and will indemnify Company against any claims of infringement by third parties regarding Company s use of provided Merchant Content. The Program allows Merchants to effectively promote and market their services and goods to existing DreamTrips Members through the DreamTrips website. As a condition of the participation in the Program, Merchant may not engage in any of the following: Submitting any purposely inaccurate information, committing fraud or falsifying information; Attempting to, or actually accessing data not intended for them, such as logging into a server or an account which they are not authorized to access; Attempting to scan, or test the security or configuration of the DreamTrips website or to breach security or authentication measures without proper authorization; Tampering or interfering with the proper functioning of any part, page or area of the DreamTrips.com website and any and all functions and services provided by the Program; Attempting to gain access to secured portions of the DreamTrips.com website to which they do not possess access rights; Reselling or repurposing their access to the DreamTrips.com website; Accessing, monitoring or copying any content or information from the DreamTrips.com website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

3 Representation and Warranties Acting illegally or maliciously against the business interests or reputation of the Program, other Merchants, DreamTrips Members, or DreamTrips or Company services. As a condition of the participation in the Program, Merchant represents and warrants that: Its use of the Program will at all times comply with applicable laws and these Terms and Conditions. It possesses the authority to create a binding legal obligation. It is a business entity or registered business, legally registered to provide the offered products/services in the geographical area where the Deal is offered. It has all valid federal and/or national, state and local licenses, registrations and/or permits required to conduct its business and perform the Deal It will comply with applicable federal and/or national, state and local laws related to offering, promotion, sale or redemption of the coupons, including those related to deceptive trade practices, unclaimed property liability and/or expiration requirements associated with coupons that have not been redeemed. It is registered for applicable taxes, including without limitation sales and use tax collection purposes, in all countries, states, provinces, counties, cities, and/or municipalities which Merchant s good and/or services will be provided pursuant to the terms of the coupon. It will safeguard its password and supervise the use of its account, and understands and agrees that it is responsible for the use of its account by anyone allowed to access it. It has the right to provide any and all information it submits to the Program, and all such information is accurate, true, current and complete. It is not acting on behalf of a person whose access to WorldVentures or DreamTrips websites and/or services has been previously terminated or otherwise denied by us. It is not prohibited by law from accessing DreamTrips or WorldVentures websites. It will provide the Merchant product or service in a safe, professional, and reputable manner The Merchant Content does not infringe or misappropriate any third party copyright, trademark, right of publicity, moral right, trade secret, or other proprietary right Merchant acknowledges that the Deal terms will clearly and conspicuously state both on the DreamTrips.com website site and on the printed coupon that the promotional value of the coupon expires after a stated expiration date, as permitted or required by law. Deal terms must also clearly and conspicuously state the length of time the Deal will be available for purchase, if applicable.

4 Deal Qualifications Merchant is responsible that for ensuring that information printed on the coupon complies with applicable all applicable local laws relating to coupons, and Merchant is responsible for enforcing expiration of the coupon only in accordance with applicable local laws. Merchant additionally represents and warrants that: It will not charge a higher price to the DreamTrips Members who hold a DreamTrips Exclusive Deals coupon. The general public price is no lower than the stated Deal value. It will not arbitrarily inflate prices for its goods and/or services due to the offering of the Deal. The following types of Merchants will not be eligible for participation in the Program: Churches Financial Groups Hotels/Apartment Rentals Janitorial Management Firms Marketing and Research MLM or Direct Selling Non-Profit Organizations Schools Travel Agency Video Productions WorldVentures Representatives marketing DreamTrips Memberships or the WorldVentures Representative opportunity Note: When a Merchant submits a Deal for licensed business services (i.e. plumber, electrician, cosmetologist, etc.) a copy of a license and insurance must be provided when requested by Merchant Support. The following types of products or services are not permitted, including, but not limited to: Cell Phones/Accessories/Apps Fire Arms Insurance products Investment products Nudity Real Estate Sales Roadside Assistant Security Sex Tobacco products (cigars, cigarettes, electronic cigarettes) Travel DreamTrips Memberships

5 The WorldVentures Representative opportunity The foregoing lists are not all inclusive and Company reserves to right to exclude any Merchant or goods or services at its sole discretion. Types of Deal promotions: Value Discount amount (e.g., $10 off a service or product) Discount percentage (e.g., 10% off a service or product) Value or promotional offer (e.g., buy one get one free) Discounted price (e.g., ipad for $200) The Deal promotion may be changed upon request of the Merchant. Each time the Deal is changed, the Deal will need to be approved by Merchant Support to make sure it qualifies based on these Terms and Conditions. Modification of Terms and Conditions Security of Information License Non-Exclusivity Term We reserve the right at all times to discontinue or modify these Terms and Conditions. It is the Merchants responsibility to check the DreamTrips site from time to time to view any such changes. The use of our services indicate that the Merchants accepts the updated version. The Company will not share Merchant s confidential business or personal information. By using the DreamTrips.com website or giving us your confidential information, you are directly transferring your confidential information to us in the United States. The Company has implemented an information security program that contains administrative, technical and physical controls that are designed to reasonably safeguard confidential information. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, you can contact us at [ address]. Merchant grants Company a royalty-free, perpetual, irrevocable, nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Merchant Content and other information submitted by the Merchant alone or as part of other works in any form, media or technology to further the intent of the Program under these Terms and Conditions. Company may use Merchant Content and other submitted information to promote, advertise or for market research. Nothing herein is intended nor shall be construed as creating any exclusive arrangement between the Merchant and the Company. These Terms and Conditions shall not restrict Company from acquiring similar, equal, or like Deals from other entities or sources. Both the Merchant and Company may request removal of the Deal s listing from the DreamTrips Exclusive Deal website at any time. Any

6 Notices Waiver Governing Law and Jurisdiction termination requested by the Merchant shall be processed within 5 Business Days. If a Deal is removed from the website, the Merchant must honor any Deals previously issued through the expiration date of the Deal. The Merchant s Deal may be terminated/discontinued for breach of these Terms and Conditions by either party. All notices and requests in connection to the Deal will be deemed given as of the day they are received either by facsimile ( ), (merchants@worldventures.com), secure upload link, or in the Mail, postage prepaid, certified or registered, return service requested, and addressed to DreamTrips Exclusive Deals at 5100 Tennyson Parkway, Plano, Texas No waiver of any term or condition hereof shall be effective unless in writing and signed by the authorized representative of the Party against whom such waiver is asserted. Any waiver shall be specifically limited to its terms, and shall not be deemed applicable to subsequent like circumstances. All matters relating to the these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including noncontractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the City of Plano and County of Collin although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.