Affiliate Agreement
Last Updated: December, 2021
Primary Website: https://hosts.guesty.com
THE AGREEMENT: This Affiliate Agreement (hereinafter called the “Agreement“) is provided by : Guesty, Inc. (the “Company”), a Delaware corporation, and its subsidiaries, in connection with the access to and use of the https://hosts.guesty.com website. The Agreement is a legal document between you and the Company that describes the affiliate relationship the parties are entering into. This Agreement covers your responsibilities as an affiliate and the Company’s responsibilities.
1) DEFINITIONS
The parties referred to in this Agreement shall be defined as follows:
a) Company, Us, We: as We describe above, we’ll be referred to as the Company. Us, We, Our, Ours, and other first-person pronouns will also refer to the Company, as well as all employees or legal agents of the Company.
b) You, the Affiliate: You will be referred to as the “Affiliate.” You’ll also be referred to throughout this Agreement with second-person pronouns such as You, Your, or Yours.
c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as “Parties” or individually as “Party.”
d) Affiliate Program: The program we’ve set up for Our affiliates as described in this Agreement.
e) Affiliate Application: The fully completed form that must be provided to Us for consideration of your inclusion in the Affiliate Program.
f) Website: The primary website we’ve noted above will be referred to as Website.
2) ASSENT & ACCEPTANCE
By submitting an application to Our Affiliate Program, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, do not submit an application to Our Affiliate Program. This Agreement specifically incorporates by reference any Terms of Use, Privacy Policies, End-User License Agreements, or other legal documents which We may have on Our website.
3) PROGRAM SIGN-UP
In order to sign up for Our Affiliate Program, You will first be asked to submit an Affiliate Application to join. The Affiliate Application may be found at the following website: https://hosts.guesty.com/referral-program
Submitting an Affiliate Application does not guarantee inclusion in the Affiliate Program. We evaluate each and every application and We are the sole and exclusive decision-makers on Affiliate acceptance. If We choose not to allow Your inclusion in the Affiliate Program, We will attempt to notify You in a reasonable manner. If You do not hear from Us within a reasonable time frame, please consider Your application rejected. We are not obligated to provide You any explanation for Your rejection, but please be advised We may reject applicants for any reason or manner, at Our sole discretion, including but not limited to a website or social media page which violates Our Terms of Use.
If Your Affiliate Application is rejected, You may not reapply. If Your Affiliate Application is accepted, each of the terms and conditions in this Agreement applies to Your participation. We may also ask for additional information to complete Your Affiliate Application or for You to undertake additional steps to ensure eligibility in the Affiliate Program.
4) AFFILIATE PROGRAM
Please be advised the below is a general description of the Affiliate Program. Everything contained in this subsection is subject to the specific terms and conditions throughout the rest of this Agreement.
We will provide You with a specific link or links which correspond to certain products We are offering (collectively, the “Link”). The Link will be keyed to Your identity and will send online users to the Company’s website or websites. You hereby agree to fully cooperate with Us regarding the Link and that You will explicitly comply with all of the terms of this Agreement for the promotion of the Link at all times. We may modify the specific link or links and will notify You if We do so. You agree to only use links that are prior approved by Us when displaying the Link prominently on Your website or social media page.
Each time a user clicks through the Link You shared and starts a paid subscription after the free trial and We determine it is a Qualified Purchase (as defined below), You will be eligible to receive the 20% (twenty percent) of the subscription fees that the referred user pay during a 12 months period as of its first invoice (the “Referral Fee”). For the avoidance of doubt, the Referral Fee shall only apply to the referred user subscription payments, and shall not apply to payments for Add-on Services (such as Chargeback Protection, Lockbox, etc.)
5) SPECIFIC TERMS APPLICABLE
We will determine whether a payout is permissible in Our sole and exclusive discretion. We reserve the right to reject clicks and/or subscriptions that do not comply with the terms of this Agreement and/or Our Terms of Use.
Subject to Our Terms of Use, processing, and fulfillment of registered/subscribed accounts will be Our responsibility. We will also provide real-time data regarding Your account with Us through the portal on which You log into the website.
As described above, in order to be eligible for payout, user purchases must be “Qualified Purchases” and:
a) Must not be referred by any other partner or affiliate links of the Company (in other words, Qualified Purchases are only available through your specific Affiliate Link);
b) May not be purchased by an already-existing partner or affiliate of the Company;
c) May not be purchased prior to the Affiliate joining the Affiliate Program;
d) May only be purchased through a properly-tracking Affiliate Link;
e) May not be purchased by a customer in violation of any of Our legal terms and/or Terms of Use;
f) May not be fraudulent in any way, in the Company’s sole and exclusive discretion;
g) May not have been induced by the Affiliate offering the customer any coupons or discounts.
h) will only refer to purchases under the “Guesty for Host” site, and shall not apply to any purchase under the “Guesty” platform.
6) PAYOUT INFORMATION
Payouts will only be available when the Company has Your current address information as well as accounting and tax documentation. You need to have a valid invoice with the Company name for the total payout amount You are eligible for. This amount should include all of the taxes and applicable fees.
Currently, the Company employs the following methods of payout:
- For EU entities: PayPal or Bank Transfer
- Any other countries: PayPal
For any changes in Your address or accounting information, You must notify Us immediately and We will endeavor to make the changes to Your payout information as soon as possible.
We explicitly reserve the right to change payout information in Our sole and exclusive discretion. If We do so, You will be notified.
Payouts are only available when a threshold of €100 (one hundred Euros) is met, and You waive any claim in connection with this restriction.
7) REPORTS
You may log into Your Partner Dashboard with the given username and password to review reports related to Your affiliation, such as payout reports and registered users, added properties and subscription status.
8) TERM, TERMINATION, MODIFICATION
The term of this Agreement will begin when We accept You into the Affiliate Program. It can be terminated by either Party at any time with or without cause.
You may only earn payouts as long as You are an Affiliate in good standing during the term. If You terminate this Agreement with Us, You will qualify to receive payouts earned prior to the date of termination.
If You fail to follow the terms of this Agreement or any other legal terms We have posted anywhere on Our website or websites, You forfeit all rights, including the right to any unclaimed payout, and You hereby waive any claim or demand in this regard.
We specifically reserve the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.
At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
The Company will not be liable to You in the event of any modification, suspension, or discontinuance of the Program. We reserve the right to amend, modify, or waive this Agreement at any time at Our sole discretion.
9) DATA PRIVACY
By participating in the Affiliate Program, You may submit personal information about Yourself and/or Your referrals, such as names and e-mail addresses. All information collected, stored, and/or shared through the Program shall be subject to Our Privacy Policy. By participating in the Program, You agree to the collection and use of Your personal information by the Company and acknowledge that You have read and accepted Our Privacy Policy.
If You need to update, change or remove your information, please contact Us at: support@guestyforhosts.com
10) AFFILIATE CONTENT
The Company reserves the right at its sole discretion to ask you to refrain from sharing any content related to Guesty for Host’s platform, this Affiliate Program, or using Guesty’s brand, for any reason whatsoever. The Company assumes no responsibility for any such content posted by You. By publishing such content you hereby grant the Company consent to use, and publish the content in any media, and to otherwise commercially exploit such content.
11) RELATIONSHIP OF THE PARTIES
Nothing contained within this Agreement shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship. You are an independent contractor of the Company and will remain so at all times.
12) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to the Affiliate Program. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
13) NO WARRANTIES
You agree that Your use of the Affiliate Program is at Your sole and exclusive risk and that any services provided by Us are on an “As Is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Affiliate Program will meet Your needs or that it will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Affiliate Program is Your sole responsibility and that the Company is not liable for any such damage or loss.
14) GENERAL PROVISIONS:
A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
B) JURISDICTION, VENUE & CHOICE OF LAW: Through Your participation in the Affiliate Program, You agree that the laws of the State of New York shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the courts of the State of New York. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum nonconveniens or similar doctrine.
C) NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or subpart of this Agreement will not constitute a waiver of any other part or subpart.
D) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including email or fax. For any questions or concerns, please email Us at the following address: support@guestyforhosts.com.