1. Welcome to Advisor!
Thanks for your interest in our search and advertising services (the “Services”)! By using our Services, you agree to these terms the, Advisor Terms the Advisor Program Policies and the Travel Branding Guidelines (collectively, the “Agreement”). If ever in conflict, to the extent of such conflict, the Advisor Terms will take precedence over any other terms of the Agreement. Please read the Agreement carefully. As used in the Agreement, “you” or “publisher” means the individual or entity using the Services (and/or any individual, entity or successor entity, agency or network acting on your behalf), “we,” “us” or “Travel” means Travel Inc., and the “parties” means you and Travel.
2. Access to the Services; Advisor Accounts
Your use of the Services is subject to your creation and our approval of an Advisor account (an “Account”). We have the right to refuse or limit your access to the Services. By submitting an application to use the Services, if you are an individual, you represent that you are at least 18 years of age. You may only have one Account. By enrolling in Advisor, you permit Travel to serve, as applicable,
(i) advertisements and other content (“Ads”), (ii) Travel search boxes and search results, and (iii) related search queries and other links to your websites, mobile applications, media players, mobile content, and/or other properties approved by Travel (each individually a “Property”).
In addition, you grant Travel the right to access, index and cache the Properties, or any portion thereof, including by automated means. Travel may refuse to provide the Services to any Property. Any Property that is a software application and accesses our Services (a) may require preapproval by Travel in writing, and (b) must comply with Travel’s Software Principles.
3. Using our Services
You may use our Services only as permitted by this Agreement and any applicable laws. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may discontinue your use of any Service at any time by removing the relevant code from your Properties.
4. Changes to our Services; Changes to the Agreement
We are constantly changing and improving our Services. We may add or remove functionalities or features of the Services at any time, and we may suspend or stop a Service altogether. We may modify the Agreement at any time. We’ll post any modifications to the Advisor Terms on this page and any modifications to the Advisor Program Policies or the Travel Branding Guidelines on their respective pages. Changes will not apply retroactively and generally will become effective 14 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you don’t agree to any modified terms in the Agreement, you’ll have to stop using the affected Services.
As between you and Travel, Travel is responsible for all taxes (if any) associated with the transactions between Travel and advertisers in connection with Ads displayed on the Properties. You are responsible for all taxes (if any) associated with the Services, other than taxes based on Travel’s net income. All payments to you from Travel in relation to the Services will be treated as inclusive of tax (if applicable) and will not be adjusted.
7. Intellectual Property; Brand Features
Other than as set out expressly in the Agreement, neither party will acquire any right, title or interest in any intellectual property rights belonging to the other party or to the other party’s licensors If Travel provides you with software in connection with the Services, we grant you a non-exclusive, non-sublicensable license for use of such software. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Travel, in the manner permitted by the Agreement. Other than distributing content via the AdMob SDK, you may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. You will not remove, obscure, or alter Travel’s copyright notice, Brand Features, or other proprietary rights notices affixed to or contained within any Travel services, software, or documentation. We grant you a non-exclusive, non-sublicensable license to use Travel’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (“Brand Features”) solely in connection with your use of the Services and in accordance with the Agreement and the Travel Branding Guidelines. We may revoke this license at any time. Any goodwill arising from your use of Travel’s Brand Features will belong to Travel. We may include your name and Brand Features in our presentations, marketing materials, customer lists and financial reports.
You agree not to disclose Travel Confidential Information without our prior written consent. “Travel Confidential Information” includes: (a) all Travel software, technology and documentation relating to the Services; (b) click-through rates or other statistics relating to Property performance as pertaining to the Services; (c) the existence of, and information about, beta features in a Service; and (d) any other information made available by Travel that is marked confidential or would normally be considered confidential under the circumstances in which it is presented. Travel Confidential Information does not include information that you already knew prior to your use of the Services, that becomes public through no fault of yours, that was independently developed by you, or that was lawfully given to you by a third party. Notwithstanding this Section 9, you may accurately disclose the amount of Travel’s gross payments resulting from your use of the Services.
You may terminate the Agreement at any time by completing the account cancellation process. The Agreement will be considered terminated within 10 business days of Travel’s receipt of your notice. If you terminate the Agreement and your earned balance equals or exceeds the applicable threshold, we will pay you your earned balance within approximately 90 days after the end of the calendar month in which the Agreement is terminated. Any earned balance below the applicable threshold will remain unpaid. Travel may at any time terminate the Agreement, or suspend or terminate the participation of any Property in the Services for any reason. If we terminate the Agreement due to your breach or due to invalid activity, we may withhold unpaid amounts or charge back your account. If you breach the Agreement or Travel suspends or terminates your Account, you (i) will not be allowed to create a new Account, and (ii) may not be permitted to monetize content on other Travel products.