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| Travel Guide | Corporate Program | Insurance Companies | Travel Agents | Affiliates | Feedback | Support | Ewald Auto Group | ||
Terms and ConditionsPlease read all of our Terms and Conditions. If you agree, please click on "Yes" at the bottom of this page to become a Mayfair Rent-A-Car affiliate. A.) PROGRAM ENROLLMENT: Prior to enrollment, you must read this entire agreement. Once you read and understand these terms, you will agree to be bound by the terms and conditions as stated. You can become an affiliate immediately by selecting the proper code for a banner link or text link, and begin submitting referrals from your website. Within thirty (30) days of your initiating business with us, we will contact you by E-mail to inform you of our acceptance or rejection of your affiliate status, and to begin to build an affiliate profile about your site. Within this initial thirty (30) day period we will evaluate your website in regard to its' content, design and compatibility, pursuant to our compliance issues. In our independent and sole discretion we may reject an application for any reason, including but not limited to sites that contain or promote content that is sexually explicit, violent, discrimination based on race, religion, national origin, physical disability, sexual orientation or age, promotes illegal activities or infringes upon another's intellectual property rights. B.) LICENSE: The Mayfair Rent-A-Car Logo section contains the "marks" that you are authorized to use on your website, by terms of this "limited use" consent, as we grant you non-exclusive and non-transferable permission to use the "marks" from the Mayfair Rent-A-Car Logo section limited solely for your use in connection with this agreement. You are expressly and specifically not authorized to use any "marks" that are not listed on the Mayfair Rent-A-Car Logo section. You shall use the "marks" as directed by us with respect to style and appearance. You may not modify, change or redesign the "marks", and you are prohibited from downloading graphical images from the website. The "marks" may not be used in association with any marks, logos or indications or origin, which are not owned by Mayfair Rent-A-Car. The "marks" are the property of Mayfair Rent-A-Car and through such use you will neither be entitled to nor establish any rights to the "marks". During the term of the agreement, you grant us a non-exclusive, non-transferable right to utilize your name, title, and logo, upon your approval, in any marketing or sales promotions that we may originate to publicize our rights under this Agreement. However, we are under no obligation to provide marketing or promotional programs under this Agreement. C.) IDENTIFICATION: You may not make any press release with respect to this agreement or your participation in the program without our prior written consent. You may not in any manner misrepresent or embellish the relationship between you and us or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this agreement. D.) RESPONSIBILITY FOR YOUR SITE: You are solely, independent of Mayfair Rent-A-Car, responsible for the content of any information that is contained on your website. You will defend, indemnify and hold Mayfair Rent-A-Car harmless from any and all claims, expenses liabilities that arise out of, or are alleged to arise out of the public's use of your website. We will monitor your site at any time to determine whether you are following the terms and conditions of this agreement and to provide you with our comments regarding your website, however, we have no obligation or responsibility to monitor your website. You are responsible for the content of your website and must comply with the terms and conditions of this agreement. E.) POLICIES AND PRICING: Customers who book vehicle rentals through the program via your website are considered Mayfair Rent-A-Car customers. Mayfair Rent-A-Car policies, rules, requirements, and procedures relating to vehicle rentals apply to those customers. Mayfair Rent-A-Car may change rates, policies, and procedures from time to time without notice. F.) LINKING TO THE MAYFAIR RENT-A-CAR WEBSITE: Each Affiliate shall be assigned a unique tracking number. The link from your site to the Mayfair Rent-A-Car website contains a special format that includes your unique tracking number. Therefore, every time a customer follows one of these links to the Mayfair Rent-A-Car website, the tracking number tells us which affiliate sent the customer to our link. We are not liable to you for any lost commissions resulting from your failure to link to the Mayfair Rent-A-Car website properly. You will not need to update your links to the Mayfair Rent-A-Car website. G.) COMMISSIONS: Mayfair Rent-A-Car will pay you $3.00 commission for each completed vehicle rental that results from a reservation booked through your link to the Mayfair Rent-A-Car website. For a vehicle rental to be considered as a completed vehicle rental, the customer must physically rent the vehicle from one of the Mayfair Rent-A-Car offices. No other products, services, or options offered on the Mayfair Rent-A-Car website are eligible for commission. Commission payments will be made via check and mailed to the affiliate name and address list on your application within thirty (30) days from the date of the completed vehicle rental. You must accrue a minimum of $50.00 in commissions to receive a check. In the event you do not accrue $50.00, your commission will be rolled into the following payment period until the total commission due reaches or exceeds $50.00. The commissions are paid once a month. At the end of the calendar year, all commission payments will be issued regardless of the amount owed. If this agreement is terminated, any commissions due at the time of termination will be paid following payment period. At the end of the calendar year, Mayfair Rent-A-Car will send the affiliate the applicable forms for payment of taxes on commissions earned during the previous calendar year. It is the responsibility of the affiliate to pay all applicable taxes on commissions earned from Mayfair Rent-A-Car. H.) INDEPENDENT CONTRACTOR: You acknowledge that you are an independent contractor and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales, representative or employment relationship between the parties. You shall hold Mayfair Rent-A-Car harmless and will indemnify Mayfair Rent-A-Car from any claims or damages arising from your participation in this program, your operation of your website or any debts incurred by you. I.) LIMITATIONS OF LIABILITY: In no event shall either party be liable to the other party under contract, negligence, strict liability or other legal theory for any special, indirect to supplemental damages arising out of or related to the subject matter of this agreement. J.) WARRANTY: Mayfair Rent-A-Car makes no express or implied warranties or representations with respect to the program, including any representations that the operation of the website will be uninterrupted or mistake-free. Mayfair Rent-A-Car will not be held liable for consequences of any interruptions, errors or acts of God or individuals not qualified to rent a vehicle. K.) INDEMNIFICATION: In the event of any claim by any third party against you arising out of a breach of Mayfair Rent-A-Car's warranty contained in Section M you shall defend such claim, suit or action in Mayfair Rent-A-Car's name but at your expense. You will indemnify and hold harmless Mayfair Rent-A-Car from any judgment, liability, loss, cost, or damage arising from or related to such claim, whether or not such claim is successful. L.) AGREEMENT MODIFICATION: Mayfair Rent-A-Car reserves the right to modify the terms and conditions contained in this agreement, at any time and at our sole discretion. Mayfair Rent-A-Car will notify you of any revisions by posting a notice on the Mayfair Rent-A-Car website. Modifications may include but will not be limited to revisions in commission payments, payment procedures, and program rules. If any of these modifications were unacceptable to you, your only recourse would be to terminate this agreement. Your continued participation in the program following the effective date of the posted revisions will indicate your acceptance of these changes. M.) TERM and TERMINATION: The term of this agreement begins with the submission of your affiliate application. The agreement will be month to month, and either party can terminate this agreement with a thirty (30) day written notice. The terminations can occur with or without cause. Mayfair Rent-A-Car will send notice of termination by E-mail and the United States Post office, mailed to the addresses as presented in the Affiliate program information page. Notices to Mayfair Rent-A-Car LLC, must be sent by E-mail and conventional mail to Mayfair Rent-A-Car LLC, 1720 Paramount Drive, Waukesha, WI 53186. N.) APPLICABLE LAW: Mayfair Rent-A-Car, Inc., is a Wisconsin corporation. This agreement will be governed by and interpreted in accordance with the laws of the State of Wisconsin. You consent to this exclusive Jurisdiction in the state or federal courts located in Wisconsin. O.) ASSIGNMENT AND WAIVER: You may not assign your rights or obligations under this agreement to any party. If Mayfair Rent-A-Car fails to enforce strict compliance of any provision of this agreement, it will not constitute a waiver of Mayfair Rent-A-Cars' right to successfully enforce such provisions or any other provision of this agreement. |
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