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Affiliate Agreement
This Agreement is entered into and between Terry Sports Inc./dba Rentskisusa.com (Herein after Rentskisusa.com) and SHOP NAME, (hereinafter Affiliate) effective November 1, 2005.
  1. PURPOSE. This Agreement sets forth the terms and conditions upon which Affiliate will provide ski and snowboard rental services to customers of Rentskisusa.com.
  2. TERM. This Agreement shall be effective date set forth above
  3. Rentskisusa.com OBLIGATIONS.
    1. Order Pressing. Rentskisusa.com will provide ski and snowboard rental customers to Affiliate via:
      • Rentskisusa.com reservation office
      • Wholesale vouchers
    2. Referral Fee. Affiliate shall pay 15% of the gross amount (not including tax) of all FIT rental reservations generated by Rentskisusa.com. Affiliate shall pay 10% of the gross (not including tax) of all wholesale rentals.
    3. Wholesale rental payments. Rentskisusa.com will be responsible for billing of wholesalers and paying affiliate. Affiliate will provide vouchers ad proof of wholesale renal to rentskisusa.com at the end of each month. Failure to provide vouchers may result in non payment of rental. Wholesalers are responsible for paying rentskisusa.com within 30 days of invoice. Rentskisusa.com will pay affiliate net rental due within 15 days of receiving wholesale payment.
    4. Taxes. Affiliate is responsible for payment of all local, state and federal taxes (if applicable) on rental sales.
    5. Referral Fee Payment. Affiliate and Rentskisusa.com will reconcile bookings no fewer than three times during the season. Rentskisusa.com will provide Affiliate list of bookings, date of arrival for verification. Affiliate and Rentskisusa.com will reconcile moneys owed (deposits taken by Rentskisusa.com against commissions).
    6. Reservation Reporting. Rentskisusa.com will provide Affiliate with Reservation arrival reports no later than 48 hours prior to quest's arrival. Rentskisusa.com will, to it's best ability, to provide all necessary reservation information (customer height, weight, ski ability, pick up and return date, package rented, and deposit paid) Rentskisusa.com cannot provide reservation information for wholesale rentals.
      • Affiliate and rentskisusa.com will agree on a consistent and reliable form of communicating reservations from rentskisusa.com to affiliate (fax or email)
    7. Marketing. Rentskisusa.com will market Affiliates a premier Rentskisusa.com location in all printed material. Affiliate will provide shop information collateral as requested by Rentskisusa.com. Rentskisusa.com will market Affiliate in industry trade shows and consumer advertising.
    8. Special Promotions. Rentskisusa.com will confirm all special promotions with Affiliate prior to their sale. Affiliate will have option to not be included in special promotions.
  4. AFFILIATES OBLIGATIONS
    1. Affiliate shall feature the Rentskisusa.com logo in their store.
    2. Affiliate shall provide in line rental equipment with the following minimum standards;
      • Entry level or "sport" ski package will be shaped technology.
      • No rental package equipment to be older than 3 seasons.
      • All equipment will be properly tuned and bindings tested for safety as required by ASTM standards.
      • All performance and demo equipment will be no older than two seasons.
  5. PRICING. Affiliate will honor pricing attached to this document for the duration of this contract (ski season). Affiliate shall not promote a lower reservation discount than offered to/by Rentskisusa.com.
  6. TERMINATION. The terms of this Agreement will begin upon the signature of this agreement by both Rentskisusa.com and Affiliate. Either Rentskisusa.com or Affiliate may terminate this Agreement at any time upon not less than thirty (30) days notice to the other for any reason or for no reason. Upon termination Rentskisusa.com will cease making reservations for Affiliate. Affiliate mush honor all previously booked reservations (by Rentskisusa.com and contracted Rentskisusa.com Wholesalers).
  7. MODIFICATIONS. Modifications of any of the terms and conditions contained in this Agreement must be done in writing and signed by both parties.
  8. RELATIONSHIP OF PARTIES. Affiliates and Rentskisusa.com are independent contractors, and nothing in this Agreement will be create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
  9. LIMITATION OF LIABILITY. Rentskisusa.com will not be liable for indirect, special, or consequential damage (or loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if Rentskisusa.com has been advised of the possibility of such damages. Further, Rentskisusa.com's aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to Affiliate hereunder.
  10. DISCLAIMERS. Rentskisusa.com makes no express or implied warranties or representations with respect to the Program or any products sold through the program (including, without limitation, warranties, of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage).
  11. INDEPENDENT INVESTIGATION. Affiliate acknowledges that the Affiliate has read this agreement and agrees to all its terms and conditions. Affiliate has independently evaluated the desirability of participating in the program and is not relying on any representation, guarantee, or statement other than as set forth in this agreement.
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