Affiliate’s – Terms & Conditions

 

All advertising agreements are subject to StayMiser Inc. management approval prior to service. The parties hereto acknowledge that they are aware of and have read and agree to the terms and conditions listed in this Agreement which terms and conditions are incorporated by references as part of this agreement.

StayMiser Affiliates offer registered StayMiser Travellers a 25% saving on their accommodations. This discount is applied to the Affiliate’s published room/site rate.

StayMiser may use your company name, logos taglines, etc. in our advertising which may include but not limited to social media, broadcast media and print. We will only use these materials to promote your business and StayMiser. StayMiser will not be held liable for any loss from our advertising.

Content of Listing:

Affiliate agrees it shall bear sole responsibility and liability for the character and content of any listing the Affiliate posts on the StayMiser website, including, but not limited to, all text, pictures, illustrations and representations. The Affiliate represents and warrants that no listing shall impair, infringe upon or give rise to any adverse claim with respect to any common law, statutory or other right of any person, including without limitation, any copyright, trade-mark, service mark, trade name, or patent, or is slanderous or defamatory. StayMiser Inc. reserves the right to reject any listing that it deems, in its sole discretion, offensive, adverse to the public interest, objectionable or adverse to its commercial interests.

Liability of StayMiser:

The StayMiser concept is provided “as is” without warranty of any kind, either express or implied. StayMiser does not represent or warrant that the concept will meet your requirements or that its operation will be continuous or error free, or that it will result in any financial benefit to you. The foregoing warranties are in lieu of all other warranties, express or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. No oral or written information or advice given by StayMiser, its agents or employees shall create a warranty that in any way increases the scope of this limited warranty. This limited warranty gives you specified legal rights, and you may have other legal rights that vary from jurisdiction to jurisdiction.

Indemnity:

The Affiliate agrees that it shall indemnify and save harmless StayMiser Inc., its officers, directors, shareholders, employees, and all other parties for whom they are responsible by law, (collectively, the “indemnities”) from any and all claims, demands, actions, proceeding, losses, cost (including without limitation all legal fees on a solicitor and client basis) and liability arising out of any breach or failure to perform any of its obligations under this agreement. This indemnification shall survive the termination or cancellation of this agreement.

Termination:

This agreement may be terminated by either party providing the other with a three day notice. If an Affiliate decides to drop out of the StayMiser program, they will not hold StayMiser liable for any loss that may arise after the date of termination. StayMiser will do registered Traveller fee splits with the Affiliate up to the date of termination, and will take the Affiliate’s listing off its website on or after the termination date. Affiliate agrees to forfeit any and all registered Traveller fee splits on renewals of Travellers, or Traveller signs up, sold by his operations after the date of termination. This Agreement may be terminated by StayMiser if, in the discretion of StayMiser: (a) The Affiliate acts in an unprofessional manner which would reasonably and negatively affect the goodwill of StayMiser (b) Affiliate does not follow and adopt the StayMiser program. (c) Affiliate fails to live up to quality control standards.

Affiliate agrees to notify StayMiser of any change of ownership and provide information of new owners so that StayMiser can qualify and welcome them into our family of Affiliates.

Third Party Companies:

StayMiser works with third party companies to provide our service. StayMiser is not responsible for the actions, products, services or content available by these companies. Each company will have their own agreement to which you should refer to.

Laws:

This agreement shall be governed by the laws of the Province of British Columbia without reference to conflict of laws, but may be enforced by any court.

Intellectual Property Rights:

StayMiser’s website and publication as well as their content and images including without limitation all copyright, trademark and other rights therein, are owned by StayMiser Inc. No portion of any StayMiser publication or website may be extracted or reproduced without permission of StayMiser Inc. Nothing contained herein shall be construed as conferring any license or right under any copyright, trademark or other right of StayMiser Inc. Unauthorized use, reproduction or rebroadcast of any content of any StayMiser publication or website, including communicating StayMiser concept recommendations in such publication or website to non-members in any manner, is prohibited and shall be considered an infringement and / or misappropriation of the proprietary rights of StayMiser Inc.