PARTNER AGREEMENT

By signing up to be a Partner in the MyTourPartner Partner Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Partner ToS”).

MyTourPartner reserves the right to update and change the Partner ToS from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Partner ToS. Continued use of the Program after any such changes shall constitute your consent to such changes.
You can review the most current version of the Partner ToS at any time at this page.

Violation of any of the terms below will result in the termination of your Partner Account and for forfeiture of any outstanding Partner commission payments earned during the violation. You agree to use the Partner Program at your own risk.

Account Terms
You must be 18 years or older to be part of this Program.

You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, tax and any other information requested in order to complete the Partner signup process.
Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
You are responsible for maintaining the security of your account and password. MyTourPartner cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
One person or legal entity may not maintain more than one account.
You may not use the Partner Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not use the Partner Program to earn money on your own MyTourPartner platform accounts.  It is forbidden for any party to use the Business Partnership program for unintended commercial purposes


Definitions
Senior Partner: The Business Partner of MyTourPartner that forwards new business partners to the platform.
The levels defined below define the levels that will be created according to the Senior Partner.
1st Level Sub Partner: The New Business Partner forwarded by the Senior Partner to the platform.
2nd level Sub Partner: The New Business Partner forwarded by the 1st Level Sub Partner to the platform.

Sales Definition
After the Business Partner issues a Final Reservation Approval and transfer to MyTourPartner the payments necessary for this reservation, this Final Reservation will acquire a SALE status. Forwarding commissions are only paid for "SALES" not for Final Reservations.

Forwarding Commission System
The Senior Partner will receive Forwarding Commissions from the sales of 1st Level and 2nd Level Sub Partners. The Business Partner shall receive a Forwarding Commission, which shall be according to the monthly sales sums of the Sub Partners indicated in the schedule.

Commencement of the Forwarding Commission and its Duration
The Senior Partner shall receive a Forwarding Commission over the sales, for 24 months, of the 1st Level Partner and its associated 2nd Level Partners, for which the month when the 1st Level Senior Partner became active will be considered as the first months. You are hereby notified that the 1st Level Sub Partner and its associated 2nd Level Sub Partners shall be removed from your list at the end of 24 Months and you will receive no commissions for the sales these will perform after 24 months.

Forwarding Commission Rates
The panel of the Business Partner includes the schedule that contains Forwarding Commissions.

Creation of Forwarding Commission and Rules on Payment Plan
No Forwarding Commissions shall be created unless Final Reservations turn into SALES.
No Forwarding Commissions shall be created if a Sale has been cancelled.
Even if a sale has been made, there is a right to cancel each tour until the day of its commencement. Tours should have commenced for the creation of Forwarding Commissions. For this reason, Forwarding Commissions are created on tour commencement dates, not on tour sale dates.
Forwarding Commissions created in a month shall be paid between the 1st and 7th days of the following month.
Example:
Final Reservation Date. 10 FEBRUARY 2016
Date on which payment is received and the procedure has turned into SALES: 25 FEBRUARY 2016
Tour Commencement Date: 25 MAY 2016
The Payment Month to Merit a Forwarding Commission: MAY 2016
The Payment Date for Forwarding Commission: 1st-7th JUNE 2016

Manner of Forwarding Sub Partners
Business Partners may forward Sub Partners in 4 different manners.
1) You can personally define a sub partner from "MY SUB PARTNERS" section of your MyTourPartner User Panel. The system will record this Business Partner you have defined as your1st Level Sub Partner.
2) MyTourPartner has written a unique tracking software that will enable you to turn your social media environment into profit by using the "EARN FORWARDING COMMISSION" menu in your User Panel. With this software, you can forward your social media environment very easily and earn forwarding commissions. When you share the brochures included in the "EARN FORWARDING COMMISSION" menu inside your panel through your social media environment like Facebook, Twitter, Instagram, Google+, LinkedIn, Email, etc. and when users, who arrive our website by clicking these brochures, make registration therein, our tracking software will then automatically know that these persons have been forwarded by you and register them as your 1st Level Sub Partner.
3) Each Business Partner is given a special "REFERENCE CODE" that consists of 5 digits. The Business Partner shall send this code to each person that it wishes to forward and ask them to examine and register from the site at www.MyTourPartner  .com. Such persons will be asked to enter a "REFERENCE CODE" during registration. Registration is not possible otherwise. When the person enters your special code and registers, he/she will be registered as your 1st Level Sub Partner.
4) Each Business Partner has been given a Special Link. Any person will arrive to the www.MyTourPartner   site upon clicking the link the, which you have shared with him. When these persons examine and register in the site, our tracking software will then automatically know that they have been by forwarded by you and register them as your 1st Level Sub Partners.

Confidentiality of Information
While MyTourPartner registers the persons that have been forwarded from the brochures shared in the social media as 1st Level Sub Partners, it reserves the right not to disclose certain information to the Senior Partner, as per rules of confidentiality. The information on registrations, which the Senior Partner has personally made over the platform or those made by entering a "Reference Code", will be shared with the Senior Partner. The Business Partner hereby acknowledges that it shall not demand such information from MyTourPartner.

Miscellaneous Provisions on Forwarding Commissions
Your Business Partner Panel includes the newest and updated commission schedule. The commission structure can be modified at the discretion of MyTourPartner. We inform all Business Partners 30 days in prior before any modification occurs. The commissions earned in the previous commission structure shall be paid on the basis of the previous structure. The payment of commissions that are earned as per the new structure shall be based on this new structure. The sales date of a package can be in the previous sales period and the Tour Commencement Date can be in the new commission period. The rule "Forwarding Commission is Created in the Commencement Month of the Tour" shall prevail, which is finally and strictly defined under the heading "Creation of Forwarding Commissions". If this situation occurs, then this sale shall be processed according to the rules of the new commission period.
At any time it wishes, MyTourPartner can modify the brochures in the EARN FORWARDING COMMISSION SECTION without any notices.
MyTourPartner can terminate or suspend your Business Partnership account if you violate the rules of this agreement or its attachments or other contractual provisions. In such case, MyTourPartner shall be authorized to invalidate your forwarding commissions. You can also terminate your Business Partnership agreement. All your prospective commissions shall be invalid, including those of the month when you terminated the agreement.
Without your permission, MyTourPartner may terminate or suspend the memberships of your 1st Level or 2nd Level Partners that it has identified to violate the terms of this agreement or the attachments thereof. If the membership of your 1st Level Sub Partner has been terminated, then your 2nd level sub partners associated with this partner will also lose their memberships. If the membership of a 2nd Level Sub Partner has been terminated, then only this partner will be removed from your commission list. All commissions you will receive from such delisted partners shall be invalid, including those in the month of termination. MyTourPartner shall not be responsible when our Sub Partners are removed from your list and the sums to be paid to you according to the agreement are reduced as a result. In addition, MyTourPartner has no obligation to make clarifications to Business Partners on reductions in the number of Sub Partners. The Senior Partner hereby acknowledges that it shall not assert claims against MyTourPartner on the grounds of deficient or terminated forwarding commissions, whether the sub partner in question terminates its own membership or same is terminated by MyTourPartner. Commissions are calculated and tracked automatically with the software we have developed. MyTourPartner reserves the right to correct all foreseen errors that are software related and/or erroneous Forwarding Commissions retrospectively.
MyTourPartner shall not be responsible if the Special Connections assigned to you in the section titled Earn Forwarding Commission are not used by you or the persons you have forwarded or if your Business Partner Code is wrongly written. Such correction demands by you shall not be met.
Any person that you have forwarded to the www.MyTourPartner.com website by sharing the brochures in the "EARN FORWARDING COMMISSION" can close the web browser without becoming a member and wish to return to the site later and become a member. In such case, the platform shall ask him a "REFERENCE CODE". He may not register if he doesn't have this code.
The purpose here is to protect the rights of Business Partners. This person may register again if he re-clicks the brochure, which first forwarded him to the website, or if he re-clicks your special link. MyTourPartner can only pay commissions for the trade activities, which are automatically tracked by your systems and created via special links that are properly formatted.
MyTourPartner reserves the right to invalid commissions that are earned through sales or marketing methods that are fraudulent, illegal, very aggressive or suspicious.
Payment shall commence after you earn a Forwarding Commission revenue over 100$. If your Business Partner account cannot pass the 100$ threshold, your commissions won't be realized and paid. MyTourPartner is only responsible for paying to accounts that pass the 100$ threshold.
The Business Partner may not make deductions on its active sales on the grounds that Forwarding Commissions shall be deducted from the sales values it will pay to MyTourPartner. MyTourPartner reserves the right to terminate the agreement of the Business Partner or to invalidate the Forwarding Commissions due to such arbitrary applications.
MyTourPartner reserves the right to deduct Forwarding Commissions against the delayed payments of the Business Partner's active sales.
The Business Partners have been provided with reports in their user panels, from which they can track forwarding commissions. With this agreement, the Senior Partner hereby acknowledges that the commission fluctuations occurring in these repots result from reasonable causes like the Cancellation of Final Reservations or Sales or the termination of sub partner accounts by themselves or by MyTourPartner, that MyTourPartner has no obligation to make explanations thereto and that it shall not assert claims against MyTourPartner for such cancellations of Forwarding Commissions.

Payments Via PayPal
Commissions are only paid over PayPal. MyTourPartner cannot not send cheques, credit card payments, bank transfers or cash. You must have a PayPal Account for receiving your commissions. You can always register for a PayPal account, if you don't have any. Nevertheless, we notify you that you cannot receive payments until you have a PayPal account. MyTourPartner reserves the right to deduct from your payments the transaction fees that are applied on money transfers made via PayPal.


Your Responsibilities
The correctness, genuineness and appositeness of the materials you share over your panel (while including but not limited to all materials related to the Products you have included in or associated with Special Connections).
Ensuring that the materials you share over your Panel do not violate the rights of a third party (for instance; copyrights, trademarks, confidentiality or other personal or proprietary rights).
You are responsible for ensuring that the materials you share over your panel are not defamatory or illegal. MyTourPartner cannot be held responsible for such situations.

Identifying Yourself as a MyTourPartner
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of MyTourPartner, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, all anti-spam laws in every jurisdiction.

Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to any Product Site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.
MyTourPartner reserves the right to end the Program at any time.   

Termination
MyTourPartner, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other MyTourPartner service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. MyTourPartner reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties
You and MyTourPartner are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on MyTourPartner’s behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability
MyTourPartner will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers
MyTourPartner 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, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, MyTourPartner makes no representation that the operation of the Product Sites will be uninterrupted or error-free, and will not be liable for the consequences of any interruptions or errors.

Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Arbitration
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in New Jersey , USA , except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any other court of competent jurisdiction. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous
This Agreement will be governed by New Jersey - USA laws, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without MyTourPartner’s prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.MyTourPartner’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of MyTourPartner to exercise or enforce any right or provision of the Partner ToS shall not constitute a waiver of such right or provision. The Partner ToS constitutes the entire agreement between you and MyTourPartner  and govern your use of the Service, superceding any prior agreements between you and MyTourPartner (including, but not limited to, any prior versions of the Partner ToS).