Skylark Affiliate Program Agreement
Welcome to the Skylark Affiliate Program (“Program”). This Agreement outlines the terms and conditions for participating in the Program. By enrolling as an affiliate (“Affiliate”), you agree to comply with this Agreement in full. This Agreement is in addition to the ShareASale Terms of Use, which also govern your participation.
1. Enrollment in the Program
• Application Process: To join the Program, you must submit an accurate and complete application through ShareASale.
• Acceptance: We reserve the right to accept or reject any application at our sole discretion. We may revoke your acceptance if we determine that your site is unsuitable for the Program.
2. Affiliate Responsibilities
• Legal Compliance: You must comply with all applicable laws, regulations, and guidelines, including but not limited to the Federal Trade Commission (FTC) guidelines on endorsements and testimonials.
• Accurate Representation: Promote Skylark honestly and do not make false or misleading claims about our services.
• Content Standards: Your promotional materials and website must not contain defamatory, obscene, violent, illegal, or otherwise inappropriate content.
• Privacy Compliance: If you collect personal data, you must comply with all applicable data protection laws.
3. Prohibited Activities
Affiliates are strictly prohibited from engaging in the following activities:
• Spam: Sending unsolicited emails or messages (spam) to promote Skylark.
• Cookie Stuffing: Engaging in cookie stuffing techniques that set tracking cookies without the user’s informed consent.
• Trademark Bidding:
• Skylark Trademarks: Bidding on Skylark trademarks or any variation, misspelling, or derivative thereof in pay-per-click (PPC) advertising on search engines (e.g., Google Ads, Bing Ads) is strictly prohibited.
• Hotel and Brand Names: Bidding on specific hotel names, hotel brand names, or any variation, misspelling, or derivative thereof in PPC advertising is strictly prohibited.
• Domain Squatting: Registering domains that include Skylark trademarks, hotel names, brand names, or misspellings intended to mislead users.
• Incentivized Traffic: Offering incentives, rewards, or compensation to users for clicking on affiliate links without prior written approval.
• Misrepresentation: Misrepresenting yourself as Skylark or implying a partnership beyond the affiliate relationship.
• Use of Unauthorized Channels: Promoting Skylark via unauthorized email lists, unauthorized social media accounts, or any other channel not approved by us.
• Illegal Activities: Engaging in any activities that violate any law, regulation, or third-party rights.
4. Advertising and Marketing Guidelines
• Search Engine Marketing (SEM) Restrictions:
• No Bidding on Skylark Trademarks:
• Affiliates are prohibited from bidding on keywords containing Skylark trademarks or any variations, misspellings, or derivatives thereof.
• This includes keywords like “Skylark,” “Skylark Travel,” “Sky Lark,” etc.
• No Bidding on Hotel or Brand Names:
• Affiliates may not bid on keywords that include specific hotel names, hotel brand names, or any variations, misspellings, or derivatives thereof.
• This includes, but is not limited to, names like “Four Seasons,” “Marriott,” “Hilton,” “Ritz-Carlton,” etc.
• Negative Keyword Requirements:
• Affiliates must add Skylark trademarks and hotel/brand names as negative keywords in all PPC campaigns to prevent ads from appearing for these terms.
• Use of Skylark Trademarks:
• Ad Copy:
• Affiliates may not use Skylark trademarks or hotel/brand names in the title, description, display URL, or destination URL of any paid advertisement.
• Display URLs:
• Affiliates may not use Skylark’s website URL (e.g., www.skylark.com) or any hotel/brand website URLs as the display URL in any PPC ads.
• Direct Linking:
• Direct linking to the Skylark website from PPC ads is prohibited.
• All PPC traffic must be directed to the affiliate’s own website before redirecting to Skylark via approved affiliate links.
• Social Media Advertising:
• Affiliates may not use Skylark trademarks or hotel/brand names in social media advertising, including but not limited to Facebook Ads, Instagram Ads, Twitter Ads, etc., without prior written consent.
• Compliance Monitoring:
• Skylark reserves the right to monitor affiliate PPC campaigns to ensure compliance.
• Non-compliance may result in suspension or termination from the Program and forfeiture of commissions.
5. Promotional Materials
• Approved Assets:
• Use only the promotional materials provided by Skylark through ShareASale.
• Modification:
• Do not modify any promotional materials without prior written consent.
• Custom Creatives:
• Any custom creatives must be approved by Skylark before use.
6. Commission and Payment
• Commission Rates:
• Commissions are earned on qualifying bookings as detailed in our ShareASale program terms.
• Payment Schedule:
• Commissions are paid through ShareASale according to their standard payment schedule.
• Reversals:
• Commissions may be reversed for canceled bookings, refunds, chargebacks, or if fraud is suspected.
7. Tracking and Reporting
• Accuracy:
• We are responsible for tracking sales and providing reports through ShareASale.
• Disputes:
• Any discrepancies must be reported within 30 days of the occurrence.
8. Confidentiality
• Non-Disclosure:
• You agree not to disclose any confidential information provided by Skylark, including but not limited to commission rates, business strategies, or other proprietary information.
9. Term and Termination
• Duration:
• This Agreement begins upon acceptance into the Program and continues until terminated.
• Termination by Affiliate:
• You may terminate this Agreement at any time by providing written notice and removing all promotional materials.
• Termination by Skylark:
• We may terminate this Agreement at any time, with or without cause, by providing notice to you.
• Effect of Termination:
• Upon termination, you must remove all Skylark links and promotional materials from your site.
10. Intellectual Property Rights
• License:
• We grant you a non-exclusive, non-transferable, revocable right to use our trademarks and promotional materials solely for the purpose of promoting Skylark under this Agreement.
• Restrictions:
• You may not use our trademarks or any hotel/brand trademarks in any way that is misleading, disparaging, or that otherwise portrays us or our partners in a negative light.
11. Limitation of Liability
• Skylark will not be liable for indirect, special, or consequential damages arising in connection with this Agreement or the Program.
12. Indemnification
• You agree to indemnify and hold harmless Skylark and its affiliates from any claims, damages, or expenses arising from your breach of this Agreement or violation of any law or third-party rights.
13. Relationship of Parties
• Nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Skylark.
14. Governing Law
• This Agreement shall be governed by and interpreted in accordance with the laws of the State of [Insert State], without regard to its conflict of law provisions.
15. Modifications to the Agreement
• We may modify any terms and conditions of this Agreement at any time. Notice of changes will be posted within your ShareASale account. Continued participation in the Program constitutes acceptance of the new terms.
16. Miscellaneous
• Assignment:
• You may not assign your rights or obligations under this Agreement without our prior written consent.
• Severability:
• If any provision of this Agreement is held invalid, the remainder will continue in full force.
• Waiver:
• Failure to enforce any provision shall not constitute a waiver of that provision or any other provision.
Acceptance of Terms
By participating in the Skylark Affiliate Program, you acknowledge that you have read this Agreement and agree to all its terms and conditions.
