AFFILIATE PROGRAM TERMS OF SERVICE

By participating as an Affiliate in Shangri-La Marathon Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Shangri-La Marathon reserves the right to update and change the Terms of Service 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 Terms of Service. 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 Terms of Service at any time at: http://shangri-la-marathon.com/about/affiliate-program/terms-of-service/

Violation of any of the terms below will result in the termination of your Affiliate role. While Shangri-La Marathon prohibits such conduct on the Program, you understand and agree that Shangri-La Marathon cannot be responsible for the content posted about Shangri-La Marathon and you nonetheless may be exposed to such materials. You agree to use the Program at your own risk.

Affiliate Program Terms

By enrolling to become an Affiliate in Shangri-La Marathon Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions.

  • 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, and any other information requested in order to complete the signup process.
  • You are responsible for maintaining the security of your account and password. Shangri-La Marathon 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 information and content posted and activity that occurs.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • Once you have signed up for the Affiliate Program, you will be assigned a unique Promotion Code. You are permitted to verbally promote, place links, banners, or other graphics with your Promotion Code in person, on your site, in your emails, or in other online or offline communications. We may provide you with guidelines, link styles, and graphical artwork to use in linking to Shangri-La Marathon website. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

Referral Fees/Commissions and Payment

You will earn referral fee only with respect to adult registrations on Shangri-La Marathon website; we will not be liable to you with respect to any failure by you or someone you refer that does not use your given Promotion Code, Tracking ID, or referred Affiliate name, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

For a race registration referral to be eligible to earn a referral fee, the referring customer must use your unique Promotion Code, Tracking ID, or referred Affiliate Name and register for an adult race during their session. The session ends once someone closes their web browser, navigates away from Shangri-La Marathon, or otherwise leaves Shangri-La Marathon without registering for the race before leaving the site. If they leave the site, come back later on their own, and then registers without your Promotion Code, Tracking ID, or referred Affiliate Name, you may not earn a commission.

We will only pay commissions on fully paid adult registrations from referrals that contain your Promotion Code, Tracking ID, or referred Affiliate name. We will not pay commissions if someone says they signed up or someone says they entered a Promotion Code if it was not tracked by our system.

No Affiliate commissions will be paid for their own registrations. We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. If your Affiliate account becomes inactive for a period of 12 months, your Affiliate account may be terminated.

Payments by PayPal

Commissions are paid by PayPal and only by PayPal. We can not send checks, credit credit cards, or cash. Affiliates are responsible for any fees incurred by PayPal. You are required to have a PayPal account to receive commissions. If you don’t have a PayPal account you can sign up for one at any time, but you will not be paid until you have one.

Payments will occur once a month within in the first week of the month for completed referrals from the previous month.

Identifying yourself as a Shangri-La Marathon Affiliate

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 are part of Shangri-La Marathon, 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).

Customer Definition

Customers who register through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular entry fee or package options.

Your Responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

  • The technical operation of your site and all related equipment
  • Ensuring the display of Promotion Code on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
  • The accuracy, truth, and appropriateness of materials posted on your site or social media account (including, among other things, all event-related materials and any information you include within or associate with your Promotion Code)
  • Ensuring that materials posted on your site or social media account do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
  • Ensuring that materials posted on your site or social media account are not libelous or otherwise illegal
  • Ensuring that your site or social media account accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

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, the CAN-SPAM Act of 2003 and all other anti-spam laws.

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 Shangri-La Marathon 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. Shangri-La Marathon reserves the right to end the Program at any time.

Termination

Shangri-La Marathon, in its sole discretion, has the right to suspend or terminate your role and refuse any and all current or future use of the Program, or any other Shangri-La Marathon event, 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. Shangri-La Marathon reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we 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 our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability

We 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

We make 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, we make no representation that the operation of Shangri-La Marathon sites will be uninterrupted or error-free, and we 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, 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 state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. 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 the laws of the United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our 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. Our 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 Shangri-La Marathon to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Shangri-La Marathon and govern your use of the Program, superseding any prior agreements between you and Shangri-La Marathon (including, but not limited to, any prior versions of the Terms of Service).

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