Zugehörigkeitsvertrag
Latest update: March 26th, 2017
Latest update: March 26th, 2017
Skipodium is a marketplace to sell and buy ski and snowboard lessons worldwide. Affiliates represent the core part of our business and, therefore, we do our best to be fair and correct to you.
Having this in mind, we have written the following affiliate agreement, as well as to protect our company’s name. So please bear with us as we take you through this legal formality. If you have any questions, please do not hesitate to contact us. We are strong believers in straight-forward and honest communication.
For quickest results please email us at info@skipodium.com.
PLEASE READ THE ENTIRE AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, CONTRACTUAL TERMS, REMEDIES AND OBLIGATIONS. BY REQUESTING TO BE A SKIPODIUM AFFILIATE AND ACCESSING ANY OF THE SKIPODIUM SERVICES, YOU AGREE, ACKNOWLEDGE, AND ACCEPT THE TERMS AND CONDITIONS OF THIS AFFILIATE AGREEMENT.
This agreement is effective as of the day when the affiliate requested to be a Skipodium affiliate. Skipodium Inc. is a company incorporated under the laws of Delaware (USA), and having its head office at 101 Federal Street Ste 1900, Boston, MA 02110, USA.
Skipodium Inc., 101 Federal Street Ste 1900, Boston, MA 02110, USA
Email: info@skipodium.com
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Skipodium’s Affiliate Program.
The purpose of this Agreement is to allow Skipodium Inc. sites’ to showcase, promote and let users book ski and/or snowboard lessons from your product portfolio.
Please note that throughout this Agreement, „we,“ „us,“ and „our“ refer to Skipodium Inc., and „you,“ „your,“ and „yours“ refer to the affiliate, being the affiliate an independent instructor, a ski/snowboard school, a ski resort, or any other relevant content provider.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified. Modifications may include, but are not limited to, changes in the payment procedures and in the affiliation rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Skipodium’s Affiliate Program following the notification of contractual changes or new Agreement on our site will automatically imply your acceptance of such modifications.
Skipodium provides ski and snowboard schools, ski resorts and independent instructors with a management software as well as direct and indirect booking solutions to showcase, market and sell ski and snowboard lessons.
Skipodium provides its affiliates with technology to sell their services on Skipodium websites. All direct sales are sales generated via Skipodium websites and its distributors.
Skipodium provides different white label solutions empowering affiliates to sell their services via their own website or other partners’. The standard link-out solution can be installed by the affiliate, free of charge. Other customized solutions require a specific quote based on the needs of the affiliate.
The Management Software is the tool to manage the online and offline inventory of the affiliate. Its main features include, but are not limited to, instructor’s scheduling, product inventory management, clients storage, accounting and performance KPIs.
Our Management Software is a cloud-based tool that can only be accessed by logging in on skipodium.com. It runs on Skipodium’s servers and is delivered to the Affiliates over the Internet. Skipodium manages the access to the software, including but not limited to security and performance. The Affiliates are not required to install, maintain and update the Management Software in any way.
The software is full property of Skipodium Inc. and cannot be fully or partially copied or modified by the affiliate.
Below you can find the details of the affiliation plans, including costs and commissions related to each type of affiliation program.
Skipodium Inc. reserves the right to evaluate and approve your application to become an affiliate. We may reject your application at our sole discretion. Skipodium may cancel your application if we determine that your content is unsuitable for our website.
Set up fee: 299 $
Set up fee: 299 $
Request your custom quote at info@skipodium.com
When filing the application to become Skipodium affiliate, the commercial terms of the start-up plan will be automatically applied to the Affiliate’s account, unless otherwise specified via email at info@skipodium.com by the Affiliate.
The premium plan and the enterprise plan require one upfront payment via wire transfer. Premium and enterprise conditions will be applied from the day after the payment. Both plans are automatically renovated for the next 12 months after the new license payment.
Commission is the amount (VAT included) that Skipodium will retain for its service on each transaction.
The Commission fee to Skipodium shall only be charged in case of a completed transaction. A transaction is completed when a user of Skipodium Website (including white label solutions) has successfully made a booking with a ski school or ski instructor, and such booking has resulted in the actual provision of the service, as confirmed to Skipodium by the third party company that handles the online payment process.
Skipodium uses a secure third-party system to process online payments. The process includes the treatment of personal data of the users who have booked a lesson.
Skipodium is responsible for sending payments to the affiliate for the full booking value minus our commission and bank fees.
The sum will be delivered to the affiliate designated bank account within 30 working days from the consumption of the service. In case the booking value il lower than 200$ (or equivalent in other currencies), Skipodium reserves the right to transfer the sum once that value is reached.
This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. The agreement will automatically terminate within the 30 days following the date of the written notice. Written notice can be submitted in the form of email at info@skipodium.com.
This Agreement shall be automatically renewed at the end of the Termination Date, for successive period of 12 months, unless either party shall have provided written notice to the other party that it does not intend to renew this Agreement at least [thirty (30)] days prior to the Termination Date.
Skipodium is committed to exposing your service at its best and to preserving the image and the brand of its affiliates.
In order to protect the product, service, brand and goodwill of the affiliate, Skipodium agrees and acknowledges that the affiliate’s brand identity and image can’t be transformed or anyhow modified. Any content provided by the school (such as logo(s), text, images, etc.) has to be preserved and displayed as provided on the Skipodium sites and affiliates.
The Affiliate shall promptly inform Skipodium if any of the content provided is not correctly displayed or mistakenly modified from its original form.
If not otherwise stated, Skipodium is entitled to directly or indirectly sell, market and distribute your products through third parties and sales channels including but not limited to:
The Affiliate acknowledges that Skipodium and/or its licensors shall retain ownership of all rights, title and interest in and to all Intellectual Property Rights of Skipodium or embedded in the Skipodium websites, white label solutions, including but not limited to the Skipodium logo and the Content.
The Affiliate shall not (directly or indirectly) disclose, integrate, include, use, combine, exploit, or incorporate Skipodium Data and Content with its own content, or with the content of any direct or indirect competitors of Skipodium.
You are not entitled to copy, scrape, (hyper-/deep) link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand unless explicitly specified by us in written form.
The Client acknowledges that Skipodium and/or its licensors shall retain ownership of all rights, title and interest in and to all Intellectual Property Rights of Skipodium or embodied in the Skipodium Website, including but not limited to the Skipodium logo and Content. The Client shall not (directly or indirectly) include, use, combine, exploit, or incorporate the Skipodium Trademark, Data and Content with its own content, or with the content of any direct or indirect competitors of Skipodium.
You are not entitled to copy, scrape, (hyper-/deep) link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand unless explicitly specified by us in written form.
During the partnership regulated by this contract, each Party may have access to or may be exposed to, directly or indirectly, confidential information of the other party including but not limited to customer data, transaction volume, marketing and business plans, statistics, ranking data, conversion data and volume of click-throughs, information regarding software provided or used by Skipodium. Each party acknowledge, accept and agree on keeping such information confidential, non-public and do not disclose any of this with third parties.
The resolution of all disputes arising out of this contract or any affiliation relationship arising there from shall be governed by Delaware law without giving effect to the principles of conflict of laws thereof. You hereby consent to the personal jurisdiction of, and any service of process relating to actions in, the courts of the State of Delaware and the United States District Court for the State of Delaware respect to any disputes or claims arising under this contract or out of the relationship of the parties established hereunder.