Viator Affiliate Sponsored Experiences
- The Company is Viator, Inc., located at 400 1st Avenue, Needham, MA 02494, US.
- This promotion (“Application”) runs between 7 October and 15 November, 2024 (“Promotional Period”).
- The Application is only open to members of the Viator Partner Program (VPP) who operate as affiliates.
- In submitting an Application, you confirm that you agree to these terms and conditions, that you are eligible to enter, and eligible to claim a prize.
- The Company may require you to provide proof that you are eligible to enter the Application.
- Upon completing and submitting an Application, if selected, each chosen affiliate (“Contributor”) agrees to the following terms and conditions with the Company.
Services – Description and Specifications:
Contributor will provide the following services (“Services”):
● Contributor agrees to provide the services (the “Services”), including the deliverables (“Deliverables”), on a non-exclusive basis.
● Contributor agrees to stay informed about, and to comply with all applicable laws, regu-lations or industry codes (e.g. the Federal Trade Commission guidelines) in performing its obligations hereunder, including online advertising disclosure guidelines and laws pertaining to commercial electronic messages, together with all Viator policies that have been provided to contributor. Further, and for the avoidance of doubt, contributor shall at all times comply with all federal, provincial, state and/or local government and health department-mandated health and safety laws, restrictions, orders, regulations and guidelines where contributor is situated, including, but not limited to all laws, restrictions, orders, regulations and guidelines regarding the Covid-19 pandemic (such as lockdown, masking, distancing, closure, travel and assembly restrictions and require-ments, among others).
● At the written approval and direction of Company, Company will facilitate contests, affiliate links, and/or promotional code incentives with the Influencers to promote to Influencer audiences.
● Contributor agrees to keep all travel documentation, including passports and visas, cur-rent during the Term, and to make all necessary applications in a timely manner where required for travel in connection with a Project Schedule. contributor will provide Viator with as much notice as possible in the event that an issue with documentation arises that may affect performance under a Project Schedule or with respect to a specific pro-ject arranged for contributor by Viator.
Contributor will provide the following services (“Services”):
● Contributor agrees to provide the services (the “Services”), including the deliverables (“Deliverables”), on a non-exclusive basis.
● Contributor agrees to stay informed about, and to comply with all applicable laws, regu-lations or industry codes (e.g. the Federal Trade Commission guidelines) in performing its obligations hereunder, including online advertising disclosure guidelines and laws pertaining to commercial electronic messages, together with all Viator policies that have been provided to contributor. Further, and for the avoidance of doubt, contributor shall at all times comply with all federal, provincial, state and/or local government and health department-mandated health and safety laws, restrictions, orders, regulations and guidelines where contributor is situated, including, but not limited to all laws, restrictions, orders, regulations and guidelines regarding the Covid-19 pandemic (such as lockdown, masking, distancing, closure, travel and assembly restrictions and require-ments, among others).
● At the written approval and direction of Company, Company will facilitate contests, affiliate links, and/or promotional code incentives with the Influencers to promote to Influencer audiences.
● Contributor agrees to keep all travel documentation, including passports and visas, cur-rent during the Term, and to make all necessary applications in a timely manner where required for travel in connection with a Project Schedule. contributor will provide Viator with as much notice as possible in the event that an issue with documentation arises that may affect performance under a Project Schedule or with respect to a specific pro-ject arranged for contributor by Viator.
Deliverables – Description and Specifications:
- Contributor will provide 1 TikTok post or 1 Instagram Reel post
- Contributor will provide metrics for each Deliverable in one final cumulative report (the “Deliverables”)
Delivery Schedule / Milestones:
● Contributor will go on experience(s)
● Deliverables will go live within two (2) weeks of the date of that experience
● Creator will provide metrics for the deliverables within two (2) weeks of the date deliverables go live
This Contributor Agreement (the “Agreement”) is by and between you (“Contributor”) and Viator, Inc., (“Viator”). All defined terms used herein shall have the meaning accorded to such terms in the Agreement.
By signing up, Contributor accepts this Agreement and agrees to the following Viator Terms and Conditions, all of which are incorporated into this Agreement. Please carefully read the following terms and conditions.
VIATOR TERMS AND CONDITIONS
The Parties agree as follows:
1. Contributor will provide Viator with creation and distribution of content services (“Services”) in accordance with the specific details (“Program Details”) provided to Contributor by Viator directly and/or via the applicable third party platform through which Contributor connects to Viator (“Platform”).
2. Contributor shall be the sole and exclusive copyright owner of all content created as part of the Services (including but not limited to photographs, videos and text: together, the “Content”), whether or not published, in perpetuity (but in any event for not less than the period of copyright and any renewals and extensions thereof), throughout the universe, from the moment of their creation, at every stage of their development, production, or completion, in all media now known or hereafter devised. Contributor hereby grants Viator and its Affiliates 1 month from the time the content has been shared, non-exclusive, worldwide, transferrable and irrevocable license to (a) host, use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media organically, now known or hereafter devised; (b) make the Content available to the rest of the world and to let others do the same; (c) to share the Content and make it available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services; and (d) use the social media username, trademark, and/or other identifying details that it submits in connection with such Content. Contributor agrees to the terms and conditions of Viator’s Privacy Policy. For the purpose of this Agreement, “Affiliate” shall mean any entity that, directly or indirectly, controls or is controlled by, or is under common control with Viator.
3. Contributor agrees that the compensation described within the applicable Platform or agreed in writing with Viator directly (whether such compensation amounts to monetary payments or other benefits such as free tours, activities and experiences: the “Compensation”) represents Contributor’s entire compensation for all services and Content provided, and Contributor shall not be entitled to reimbursement of any expenses unless agreed upon writing in advance with Viator. Payment will be managed through a third party such as Mavrck, AWIN, Sharesale, or through Viator directly, as agreed between the parties. Contributor shall be responsible for determining the applicability of, and for payment of, any sales, use, excise, or similar transactional taxes that may be applicable to its performance hereunder, if any.
4. From time to time, Viator may give Contributor the opportunity to take a tour, activity, experience or similar travel-related service (collectively, an “Experience”). Such Experiences are made available by Viator by virtue of Viator’s operation of an online marketplace on which third party suppliers of Experiences (“Suppliers”) list those Experiences, and through which bookings of such Experiences are facilitated by Viator. If either Contributor books an Experience through Viator, or if Viator books an Experience on Contributor’s behalf (an “Experience Booking”), Contributor’s Experience Booking shall be governed by Viator’s standard Customer Terms of Use, which are incorporated herein by reference. Contributor acknowledges and agrees: (a) that each Experience is provided by a Supplier and not Viator, and (b) to the Supplier’s terms and conditions of the applicable Experience as set forth on Viator’s website (including the cancellation policy). Regardless of whether Contributor is making any payment for the Experience or whether the Experience is offered to Contributor free-of-charge, Contributor acknowledges and agrees that it shall be bound by the cancellation policy advertised on Viator’s website in connection with such Experience. If Contributor either (y) cancels an Experience Booking outside the cancellation window in which a full refund is permitted, or (z) fails to redeem the Experience in accordance with the terms of the Experience Booking (i.e. Contributor is a “no show”), then Contributor shall be liable for the full cost of the Experience Booking, as advertised on the Viator website.
5. From time to time, Viator may give Contributor the opportunity to participate in an affiliate campaign through which Viator may provide to Contributor a promotional discount code for Contributor to share with its followers (a “Promo Code Campaign”). If Viator and Contributor agree to participate in a Promo Code Campaign, such agreement shall be made either by e-mail or through the Platform. By agreeing to participate in a Promo Code Campaign, Contributor agrees to the Promo Code Campaign Terms set forth in the Schedule to this Agreement.
6. Contributor warrants and represents that (i) Contributor has all rights, power and authority necessary to enter into and grant the rights set forth herein; (ii) any Content provided under this Agreement will not infringe, violate, or misappropriate any copyright, trademark, or other proprietary right held by any third party; (iii) performance under this Agreement will not violate any agreement or obligation between Contributor and any third party; (iv) Contributor will at all times comply with all applicable laws, regulations, guidelines and codes of practise (including but not limited to Federal Trade Commission (FTC) guidelines regarding sponsored online content (also known as “native advertising”)) and will modify the Content upon request by Viator for the purpose of ensuring such compliance; (v) no Content delivered or posted by Contributor hereunder shall contain any profanity, scandalous, libelous, defamatory, obscene, pornographic or unlawful matter or material; (vi) no Content shall contain malicious code, counters, or other types of code that automatically attach cookies or other devices that track and collect users’ information; it shall at all times comply with Viator’s content policy set forth in Section 7 (the “Content Policy”).
7. Contributor shall comply with the following Content Policy:
a. Originality of Content: all portions of the Content must be the original creative work of Contributor.
b. Use of Quotes: if using quotes: (a) Contributor must credit the source; and (b) Contributor must use the quote in the same context as when the quote was originally made. If Contributor is not certain whether it may use a quote, Contributor must ask the author for written permission prior to any such use (and keep a record of such permission when granted).
c. Linking: (a) Contributor must use “no follow” links in Content; and (b) when participating in a Mavrck campaign, Contributor must take all hyperlinks from Mavrck and may only embed a hyperlink in the Content that links to the specific webpage within Mavrck regardless of how Contributor connects.
d. Third party content: Contributor shall not endorse, copy or adopt (in whole or in part) any third party content in the Content.
e. Making claims. Content shall be true and accurate to the best of Contributor’s knowledge and shall not hold out opinion as fact. Content shall not be intentionally misleading, deceptive, untrue, or fraudulent. Contributor is responsible for checking its facts before making any claims about third parties or products.
f. Third party rights. Content shall not violate any third party privacy right, right of publicity, or any other intellectual property right.
g. No advertising. Contributor shall not, as a part of the Content, advertise, market, or otherwise promote any other product or service in which Contributor has an ownership interest or other financial interest, directly or indirectly.
h. General. Contributor may only provide the types of Content authorized in the Program Details. Contributor may not use any music on any web property on which it is publishing Content without express permission from the copyright or other rights owner(s) for Contributor’s specific intended use in each instance. Contributor must obtain any required permissions or releases where necessary (and keep a written record of the same).
i. Embedded video players. Contributor is permitted to embed video players from third party sites in Content only through publicly available APIs that do not prohibit use by commercial entities in accordance with the API owner’s terms of service, as applicable.
j. Use of images or other media. An image or other multi-media element may involve layers of rights. The photographer/creator owns the copyrights in his/her photograph or other media (e.g., the artistic expression of his/her vision). A person depicted in the photograph, video, or other applicable media owns the right to control the use of his/her image (or, in the case of a minor, a parent or guardian may exercise control or grant permission on behalf of the minor). If a trademark or a product in its trade dress (e.g., a Coke® can) appears, the owner of the trademark may have rights in how its product or trademark is depicted. Contributor must analyze each image or other media element to be sure that it has the appropriate permission from all rights owners to use the image or media in accordance with this Content Policy.
k. No modifications to third party images or other media. Contributor shall not modify any third party images or other media in any way that would change its nature or context, unless Contributor is certain that it has the right from the copyright owner to create a derivative work. If Contributor has a question about whether it can create a derivative work, Contributor must ask the copyright owner for written permission to create the derivative work (and keep a record of such permission when granted).
l. Credit and attribution. Credit or attribution to the source of the image (e.g., Getty Images) is always necessary for a full size photograph. Credit should be used for thumbnail images where space allows. Similarly, attribution should be provided for other media according to its accompanying license terms.
m. Purchased engagement. Contributor shall be fully responsible for the fulfilment of all promises and promotions offered by Contributor.
n. Password protection. Content shall not be placed behind any login.
o. Affiliate / advertisement. Where Contributor posts Content to social media channels, all references to Viator and its Affiliates must be clearly delinated, linked and acknowledged.
8. Contributors generating traffic to their own sites must not do any of the following, either directly or indirectly , at any time:
a. Use the Viator brand term in the sub folder of the display URL (eg www.affiliate.com/viator)
b. Use the Viator brand term in the sub domain of the display URL (eg www.viator.affiliate.com)
c. Use the Viator brand or a misspelling of the Viator brand in the display URL (eg www.viator.com.) or (www.viatorrcom)
d. Use the Viator brand in the ad title
e. Use the Viator brand in the ad text
f. Bid on the brand term “Viator”
g. Bid on misspellings or extensions of the brand (eg “Viator, Vaitor, Viatoor, Viator uk, Viatorcom,uk, Viatorcom)
h. Bid on Viator brand + generic terms (eg “viator tours”, “viator activities”)
i. Do any form of advertising as the Viator brand including but not exclusive to the following platforms: Search engines (Google, Bing, Yahoo, Etc.), FB, TW, Instagram, and/or Pinterest,
j. Bid on the advertisers URL www.viator.com, es.viator.com, viatorcom.de, viatorcom.fr, br.viator.com, viatorcom.nl, viatorcom.se, viatorcom.no, viatorcom.dk, viatorcom.ja or any derivations of the URL
k. Show adverts on competitors’ brands
l. Bid on any variations of the brand name Viator. Bidding on any suppliers on Viator is also NOT ALLOWED (e.g. Dark Rome)
9. In the event a complaint relating to any Content is made by any third party at any time, whether by a formal legal claim or otherwise, Contributor will fully cooperate with Viator in responding to and defending against such complaint or claim. Contributor will indemnify, defend, and hold harmless Viator, its Affiliates, and their officers, directors, employees, and agents from any and all actions, claims, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to (a) any alleged or actual infringement of any intellectual property rights of a third party and (b) any breach of a representation or warranty contained in Section 6 of this Agreement.
10.Non-Exclusivity. Contributor has the right to provide content services to others during the Term of this Agreement provided that: (a) such other engagement or performance does not interfere in any way with the timely and professional performance of the Services to Viator; and (b) such other engagement or performance does not conflict with any active Program Details or any other agreements between Viator and Contributor (i.e. an engagement for a competitive brand or product). Viator may receive content services from other contributors during the Term of this Agreement.
11.Contributor acknowledges that in the course of providing Services hereunder, Contributor may acquire certain Confidential Information. Contributor shall not: (a) disclose such Confidential Information to any third party without the prior written consent of Viator, (b) will notify Viator if Contributor becomes aware of any breach of confidentiality in any manner whether through (i) Contributor’s negligence, acts or omissions, or (ii) computer virus, or theft of Contributor’s computer or login information; or (c) use the Confidential Information for any purpose other than to carry out the Services contemplated hereunder. Contributor acknowledges that misuse or disclosure of any Confidential Information by Contributor will give rise to irreparable injury to Viator or the owner of such information, which is inadequately compensable in damages. Accordingly, Viator or such other party may seek and obtain injunctive relief against the breach or threatened breach of these Confidentiality Obligations, in addition to any other available legal remedies.
12.TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY AGREES THAT THE OTHER PARTY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL LOSS OR PUNITIVE DAMAGES UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES OR LOSS OF PROFITS, OR COSTS TO PROCURE SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE RISK OF THE LOSS OR DAMAGES IN ADVANCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF VIATOR WILL NOT EXCEED USD $100.
13.Contributor is not an employee of Viator for any purpose under this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. Viator may terminate this agreement at its sole discretion at any time. All Sections of this Agreement which by their nature are intended to survive termination shall survive said termination, including but not limited to any and all terms pertaining to Viator’s rights in the Content, original works, and derivative works. This Agreement sets forth the entire agreement of the parties and supersedes any prior agreements between the parties with respect to the subject matter hereof. Any amendments must be expressly agreed to in writing by both parties. Neither this Agreement nor any rights or obligations of Contributor hereunder may be assigned or transferred by Contributor (in whole or in part and including by sale, merger or operation of law) without the prior written approval of Viator. Any assignment in violation of the foregoing will be null and void. This Agreement and any rights hereunder are assignable in whole or in part by Viator. This Agreement will be governed by the laws of the Commonwealth of Massachusetts, and any action based on or alleging a breach of this Agreement must be brought in the state or federal courts in Boston, Massachusetts.