GoToSea Affiliate Terms & Conditions
Please read our affiliate terms and conditions (“Terms”) carefully before you join our program (the “Affiliate Program”) or begin marketing the Affiliate Program.
Each affiliate (“you” or “Affiliate”) is responsible for ensuring that its employees, officers, agents, directors, and contractors comply with these Terms. These Terms govern your use and access to the Affiliate Program, the Awin.com affiliate system, and the services, products, software, and websites (“Services”) that are provided by GoToSea, LLC and any of our affiliate companies (“GoToSea”, “company”, “we”, “us” or “our”).
For simplicity, “GoToSea Site” means, collectively, https://www.gotosea.com and any interior pages on that site, and “Your Site” means any site or social media platform that you will link to the GoToSea Site.
These Terms become effective upon our acceptance of your participation in the Affiliate Program. Your participation constitutes consent and authorization for our access to, receipt, storage, use, and disclosure of any and all information, consistent with these Terms and the Privacy Policy of the GoToSea Site.
Enrollment in the Affiliate Program
To be considered for participation, you must apply directly to our program through Awin. We reserve the right to reject any application, but encourage you to contact us if you feel an incorrect decision was made.
Including all of the websites you use in your profile will help us make a better decision.
Website Restrictions
Your participating website(s) may not:
- Infringe on our or a third party’s intellectual property, publicity, privacy, or other rights.
- Violate any law, rule, or regulation.
- Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or that contains nudity, pornography, or sexually explicit materials.
- Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines intended to damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- Contain software or use technology that attempts to intercept, divert, or redirect internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions, and add-ons.
Acknowledgments
While participating in the Affiliate Program, you acknowledge and agree that you will:
- Not block or otherwise interfere with any monitoring we implement. We may use technical means to overcome any methods used on Your Site to block or interfere with such monitoring.
- Use any of our intellectual property or other information (“Content”) obtained from us only in accordance with these Terms and in a lawful manner.
- Not render invisible, modify, or alter any Content except to resize it, provided such resized Content remains legible and identifiable.
- Not sell, redistribute, sublicense, or transfer any Content.
- Not use any Content in a manner intended to send sales to any site other than the GoToSea Site.
- Promptly delete any Content no longer displayed on the GoToSea Site or that we notify you is no longer available for your use.
- Not use any Content in a manner implying our endorsement or sponsorship of, or association with, any product, service, party, or cause not approved by us.
- Not lead, intercept, record, redirect, interpret, or fill in contents of any electronic form or other materials submitted to us by any person or entity unless authorized by that submitting person.
- Not modify, redirect, suppress, or substitute the operation of any button, link, or interactive feature of the GoToSea Site.
- Not take any action that could reasonably cause customer confusion regarding our relationship or the site where functions or transactions occur.
- Not post or serve any advertisements or promotional content promoting the GoToSea Site without our permission.
Order Processing
We will process orders for Services placed by customers who follow links from Your Site to the GoToSea Site (“Order(s)”). We reserve the right to reject Orders that do not comply with our requirements.
We are responsible for all aspects of processing and fulfillment of Orders, including but not limited to order forms, payment processing, cancellations, returns, and customer service.
Orders made via your links will be tracked by us. While we may provide you with summary reports, the form, content, and frequency of such reports may vary at our discretion.
Referral Fees
We will pay you a referral fee (“Referral Fee”) for each Completed Order, unless another arrangement applies.
A “Completed Order” means our receipt of successful payment for Services through a link on Your Site that is not canceled by the customer.
Note: Referral Fees will not be paid unless and until a customer completes a cruise.
To ensure accurate tracking and payment, you must ensure links between Your Site and the GoToSea Site are properly formatted. Referral Fees will not be paid for untracked or improperly tracked Orders.
Referral Fee Payment
Referral Fees are paid monthly for Completed Orders from the prior calendar month.
You may alter your payment settings (e.g., direct deposit, check) within the Awin platform.
We may withhold payments until you provide requested tax information.
Refunded Orders may result in fees being offset against future payments.
We reserve the right to reverse Referral Fee payments due to canceled services, tracking issues, fraudulent or disputed charges, or any violation of these Terms.
If a referral cancels service for any reason, Referral Fee payments will be reversed.
Pay-Per-Click (PPC) Guidelines
If you participate in PPC advertising, you must:
- Not bid on any of our trademarked terms (including variations or misspellings) on Google, MSN, Yahoo, or any other network.
- Not use our trademarked terms combined with other keywords (e.g., “GoToSea Coupons”).
- Not use our trademarked terms in ad titles, copy, display names, or display URLs.
- Not direct link to our website from PPC ads or use redirects yielding the same result; affiliates must link to a page on your website.
- Not bid in any way that appears higher than GoToSea for any search term in positions 1-5 on auction-style PPC platforms.
If you automate PPC campaigns, you must exclude our trademarked terms and are strongly advised to add them as negative keywords.
Violations result in commission forfeiture for at least 30 days and commission rate set to 0% without warning.
Policies and Pricing
All customers purchasing through the Affiliate Program are deemed our customers, subject to our rules, policies, and operating procedures.
Public Statements
You shall not make any public statements or press releases referencing GoToSea without prior written consent.
Limited License
We grant you a limited, non-exclusive, non-sublicensable, revocable right to display our trademarks, images, and text solely to identify Your Site as an Affiliate participant.
You may not:
- Use trademarks or images offline (e.g., printed materials).
- Modify any supplied trademarks, images, or text.
We retain all rights to our intellectual property. We may revoke your license at any time with written notice.
Responsibility for Your Site
You are solely responsible for the development, operation, and maintenance of Your Site, including:
- Technical operation
- Compliance with third-party agreements
- Accuracy and appropriateness of materials (including those linked to us)
- Ensuring no infringement of third-party rights
- Displaying a privacy policy explaining your data practices
You indemnify, defend, and hold us harmless from any third-party claims related to Your Site.
Compliance with Laws
You agree to comply with all applicable laws, including marketing email laws such as the CAN-SPAM Act.
Termination
Either party may terminate participation at any time with written notice.
Upon termination, you must immediately remove all GoToSea Site links and Content.
Referral Fees earned before termination remain payable unless orders are canceled or returned.
Payments may be withheld temporarily to verify amounts.
Modification
We may modify these Terms at any time. If unacceptable, your only recourse is to discontinue participation.
Continued participation after changes constitutes acceptance.
Relationship of Parties
You and GoToSea are independent contractors.
Nothing creates partnership, agency, employment, or similar relationships.
You have no authority to bind or represent us.
You will not contradict these Terms publicly.
Limitation of Liability
We are not liable for indirect, special, or consequential damages, even if advised of such risks.
Our total liability will not exceed Referral Fees paid to you in the 12 months before the claim.
Disclaimers
We make no warranties regarding the Affiliate Program or Services, including fitness, merchantability, or non-infringement.
We do not guarantee uninterrupted or error-free operation of the GoToSea Site and are not liable for interruptions or errors.
Independent Investigation
You acknowledge that you have independently evaluated the desirability of participation and are not relying on representations other than these Terms.
FTC Disclosure
You must include a disclosure statement within content containing affiliate links per the FTC guidelines:
FTC Disclosures for Social Media Influencers
Miscellaneous
These Terms are governed by the laws of the State of New York, without regard to conflict of law provisions.
All disputes must be brought exclusively in courts located in New York County, New York.
Both parties waive the right to a jury trial for disputes related to these Terms.
We may seek injunctive relief for infringement of intellectual property or proprietary rights.
You may not assign these Terms without our prior written consent.
These Terms benefit and bind the parties and their successors and assigns.
Our failure to enforce any provision does not waive our right to enforce it later.
