David's Vacation Club Rentals Affiliate Terms and Conditions

The affiliate program is in a Beta stage and may or may not be continued. Many challanges/changes/tweaks are certain and the software used may change. You will be notified in advance  if the program is to be discontinued and any commissions earned will be paid  in the normal fashion/timeframe.

The following are the terms and conditions (this “Agreement” or the “Terms”) for affiliates that direct potential customers to David's Vacation Club Rentals™ web site (the "Site") and where David's Vacation Club Rentals™ has agreed to pay that affiliate (“you”) for directing those potential customers to the Site.
 
1.Acceptance
By submitting your application for being an affiliate of the Site, you agree to be bound by the Terms as stated herein without modification.

2.Site’s Terms and Conditions
In addition to these terms and conditions, you are bound by the terms and conditions of the Site.

3.Nature of the Relationship
The nature of the relationship between David's Vacation Club Rentals™ and you will be that of independent contractors for all purposes and in no event will any person employed by you be held or construed to be employees of David's Vacation Club Rentals™. Specifically, David's Vacation Club Rentals™ is not a member of any partnership, joint venture or franchise arrangement with you. You will be responsible for the declaration of any income earned, to those agencies that require it.

4.Term
This Agreement will be for an indefinite term and can be terminated immediately without cause by either David's Vacation Club Rentals™ or you providing notice to the other party. Upon termination, you will stop using David's Vacation Club Rentals™ material.

5.Your Compensation
David's Vacation Club Rentals™ agrees to pay you a commission of two percent (2%) of all gross rentals generated from the traffic of your site. This traffic will be given a tracking cookie provided the person has not previously visited our site and has an existing tracking cookie from another affiliate. You will get credit for such sales during the life of the tracking cookie. Payments are calculated on the first business day of the month and payment will be sent within fifteen business days when commissions payable total $100 or more. You will have access to sales and commission reports available through the David's Vacation Club Rentals Affiliate Program. An active PayPal account is requires with which to receive funds.

6.Content Development
You are solely responsible for all content development (and its cost) on your web site.

7.Confidentiality
You may be given or obtain access to non-public information of David's Vacation Club Rentals™ that David's Vacation Club Rentals™ considers to be of a confidential, proprietary, or trade secret nature, including, but not limited to, customer information, pricing, financial and operational information, business information and marketing information, in whatever form or media, whether or not marked as confidential (collectively "Confidential Information"). You agree not to use any Confidential Information disclosed to you by David's Vacation Club Rentals™ for your own use or for any purpose other than to carry out your obligations under this Agreement. You will not disclose any Confidential Information to third-parties or to your employees or agents, other than employees and agents who are required to have the information in order to carry out your obligations under this Agreement. You agree to notify David's Vacation Club Rentals™ immediately and in writing of any misuse or misappropriation of David's Vacation Club Rentals Confidential Information, which may come to your attention and to return David's Vacation Club Rentals Confidential Information upon the request of David's Vacation Club Rentals™. Confidential Information shall not apply to: (a) information that is or becomes a matter of public knowledge through no fault of or action by you, (b) information that prior to disclosure was rightfully in your possession as a result of disclosure by a third-party under no obligation or restriction of confidentiality, (c) information that, subsequent to disclosure, is rightfully obtained by you from a third-party under no obligation or restriction of confidentiality, and (d) information that is independently developed by you without use, knowledge or access to the Confidential Information of David's Vacation Club Rentals™.

8.Return of Confidential Property
Upon David's Vacation Club Rentals request (and upon termination of this Agreement), you will deliver to David's Vacation Club Rentals™ all Confidential Information, memoranda, notes, records, drawings, manuals, disks, or other documents and media pertaining to David's Vacation Club Rentals business including all copies, extracts, summaries and analyses.

9.Indemnification
You agree to indemnify and hold David's Vacation Club Rentals™, its directors, officers, shareholders, successor and predecessor companies, attorneys, agents and employees harmless from any claim, demand, or damage, including reasonable attorneys’ fees and costs, asserted by any third party due to or arising out of the your actions (including but not limited to advertising, web site content or how you otherwise direct potential customers to our site).

10.Limitations of damages
David's Vacation Club Rentals™ will not be liable to you for any exemplary, punitive, special or consequential damages, including lost revenues, lost profits or lost prospective economic advantage arising from any act or omission in performance or failure to perform under this Agreement, even if David's Vacation Club Rentals™ is at fault and/or knew or should have known of the possibility thereof, and you hereby release and waive any claims against David's Vacation Club Rentals™ regarding such damages.
 
11.Trademarks and other Intellectual Property
You acknowledge that all rights in any registered trademarks or any pending trademark registrations associated with the business of David's Vacation Club Rentals™ (i.e., trademarks, service marks, slogans, logos, designs and other similar means of distinction), including all goodwill pertaining thereto, shall be the sole property of David's Vacation Club Rentals™. You may use and display such trademarks only in the manner and for the purpose authorized by David's Vacation Club Rentals™, and only during the Term of this Agreement. David's Vacation Club Rentals™ reserves the right to add to, change or discontinue the use of any trademark it owns, on a selective or general basis, at any time. You shall not use any trademark or trade name of David's Vacation Club Rentals™ in any corporate, partnership or business name without David's Vacation Club Rentals prior written consent.

12.Media
No press releases mentioning your affiliate program participation may be made without prior written consent of David's Vacation Club Rentals™ to a release being made. You will provide a copy of any press releases to David's Vacation Club Rentals™.

13.Conduct
You agree to conduct yourself with due regard to public conventions and morals and agree that you will not do or commit any act or thing that will tend to degrade David's Vacation Club Rentals™ or bring it into public hatred, contempt, scorn or ridicule or that will tend to shock, insult or offend the community or ridicule public morals or decency. Further, you will not market David's Vacation Club Rentals Site or products using illegal, unethical, or misleading methods, or through inaccurate content.

14.Modification to Terms
David's Vacation Club Rentals™ reserves the right to change these terms at any time and to notify you by updating and posting these terms on its Site. David's Vacation Club Rentals™ is not bound by any other modifications to these terms and conditions unless signed in writing by an authorized David's Vacation Club Rentals™ officer.

15.Entire Agreement
This Agreement and the Site’s terms and conditions constitute the entire agreement between you and David's Vacation Club Rentals™, a division of Capitol Technologies.

16.Assignment
This Agreement cannot be assigned.

17.Waivers
No failure or delay, on the part of David's Vacation Club Rentals™, in exercising any right or power under these Terms will operate as a waiver of such right or power.

18.Severability
The invalidity or unenforceability of any provision of these Terms or the Site’s terms and conditions are intended to be read and construed independently of each other. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.

19.Governing Law and Notices
In respect to construction, interpretation, validity and enforcement, these Terms are to be construed in accordance with and governed by the laws of the Province of Ontario in Canada. You consent to the exclusive jurisdiction of the courts of the Province of Ontario, Canada. Any notice under this Agreement will be in writing and delivered in person or by public or private courier service, or sent by facsimile. All notices will be addressed to David's Vacation Club Rentals™ located at 811 Easy Street, London, Ontario, CANADA, N6C 5A2 (facsimile: 800-610-5791). Any notices to you may be delivered to you at the address, email address or facsimile number provided in your application or to any address later provided.

20.Ownership and use of David's Vacation Club Rentals™ Materials
“David's Vacation Club Rentals™ Materials” include as any legal materials, documents, contracts, software, products, web links, email, information, partial David's Vacation Club Rentals™ Material or any other materials provided by David's Vacation Club Rentals™, the Site or any David's Vacation Club Rentals™ service in any way. David's Vacation Club Rentals™ retains complete ownership to all rights to the David's Vacation Club Rentals™ Materials. You do not have the right to use or change any of the David's Vacation Club Rentals™ Materials without prior written consent of David's Vacation Club Rentals™.

21.End User
The end user of David's Vacation Club Rentals Material will be subject to the Site’s terms and conditions and disclaimers.

22.Binding Effect
This Agreement will pass to the benefit of and be binding upon the respective heirs, executors, administrators, successors of David's Vacation Club Rentals™ and you.

23.Headings
The headings, captions, titles, and numbering system are inserted only as a matter of convenience and may under no circumstances be considered in interpreting the provisions of this Agreement.