| |
 |
|
 |
|
TravelPulse.com is a division of
Performance Media Group, LLC
TERMS OF USE
Your use of our Internet sites or any of the products or
services offered on those sites (collectively, the "Services")
is subject to these Terms of Use (these "Terms"). We may modify
these Terms at any time without notice to you by posting revised
Terms on our sites. Your use of our sites constitutes your
binding acceptance of these Terms, including any modifications
that we make.
Some of the Services may be subject to additional posted
conditions. Your use of those Services is subject to those
conditions, which are incorporated into these Terms by
reference. In the event of an inconsistency between these Terms
and any additional posted conditions, the provisions of the
additional conditions shall control.
We have the right, but not the obligation, to take any of the
following actions in our sole discretion at any time and for any
reason without giving you any prior notice:
1. Restrict, suspend or terminate your access to all or any part
of our Services;
2. Change, suspend or discontinue all or any part of our
Services;
3. Refuse, move or remove any material that you submit to our
sites for any reason;
4. Refuse, move, or remove any content that is available on our
sites;
5. Deactivate or delete your accounts and all related
information and files in your account;
6. Establish general practices and limits concerning use of our
sites.
You understand and agree that our Services may include
communications such as service announcements and administrative
messages from us or from our partners and that these
communications are considered part of the Services. You will not
be able to opt out of receiving these messages. You also
understand that our Services may include advertisements.
Content On Our Sites
Our sites include a combination of content that we create,
that our partners create and that our users create. All
materials published on our sites, including, but not limited to,
written content, photographs, graphics, images, illustrations,
marks, logos, sound or video clips and flash animation, are
protected by our copyrights or trademarks or those of our
partners. You may not modify, publish, transmit, participate in
the transfer or sale of, reproduce, create derivative works of,
distribute, publicly perform, publicly display or in any way
exploit any of the materials or content or our sites in whole or
in part.
You are solely responsible for all materials, whether publicly
posted or privately transmitted, that you upload, post, email,
transmit or otherwise make available on our sites ("Your
Content"). You certify that you own all intellectual property
rights in Your Content. You hereby grant us, our affiliates, and
our partners a worldwide, irrevocable, royalty-free,
nonexclusive, sub-licensable license to use, reproduce, create
derivative works of, distribute, publicly perform, publicly
display, transfer, transmit, distribute and publish Your Content
and subsequent versions of Your Content for the purposes of (i)
displaying Your Content on our sites, (ii) distributing Your
Content, either electronically or via other media, to users
seeking to download or otherwise acquire it, and/or (iii)
storing Your Content in a remote database accessible by end
users, for a charge. This license shall apply to the
distribution and the storage of Your Content in any form,
medium, or technology now known or later developed.
Our site contains content that we create as well as content
provided by third parties. This content includes, among other
things, product reviews, white papers, and stock quotes. It also
includes information about products and services offered by
parties other than PMG, Inc. such as product descriptions,
specifications, pricing, availability and performance. We do not
guarantee the accuracy, integrity or quality of the content on
our sites and you may not rely on any of this content. Without
limitation, we are not responsible for postings by users in the
user opinion, message board or feedback sections of our sites.
You may be exposed to content that you find offensive, indecent,
objectionable or that is inaccurate and you bear all risks
associated with using that content. We have the right, but not
the obligation, to remove any content that may, in our sole
discretion, violate these Terms or that is otherwise
objectionable.
Your Conduct On Our Sites
If we request registration information from you, you will
provide us with true, accurate, current and complete
information. You will promptly update your registration to keep
it accurate, current and complete. If we issue you a password,
you may not reveal it to anyone else. You may not use anyone
else's password. You are responsible for maintaining the
confidentiality of your accounts and passwords. You agree to
immediately notify us of any unauthorized use of your passwords
or accounts or any other breach of security. You also agree to
exit from your accounts at the end of each session. We will not
be responsible for any loss or damage that may result if you
fail to comply with these requirements.
If we request registration information from you, you will
provide us with true, accurate, current and complete
information. You will promptly update your registration to keep
it accurate, current and complete. If we issue you a password,
you may not reveal it to anyone else. You may not use anyone
else's password. You are responsible for maintaining the
confidentiality of your accounts and passwords. You agree to
immediately notify us of any unauthorized use of your passwords
or accounts or any other breach of security. You also agree to
exit from your accounts at the end of each session. We will not
be responsible for any loss or damage that may result if you
fail to comply with these requirements.
You agree to use our bulletin board services, chat areas, news
groups, forums, communities and/or message or communication
facilities (collectively, the "Forums"), only to send and
receive messages and material that are proper and related to
that particular Forum.
If you choose a username that, in our sole discretion, is
obscene, indecent, abusive or which might otherwise subject us
to public disparagement or scorn, we reserve the right, without
prior notice to you, to automatically change your username,
delete your posts from our sites, deny you access to our sites,
or any combination of these options.
TRAVEL AGENT Terms and Conditions
Travel Pulse Membership
Eligibility - All U.S. Travel Agents who are at least 18 years
of age, and are affiliated with agencies that are members of
ARC, IATA, IATAN or CLIA. Agents must be approved to do business
with our suppliers offering incentives in order to be paid the
incentive due.
Qualifying Bookings - All bookings that are entered by a travel
agent must MATCH the criteria and terms outlined in the specific
incentive offer. Any bookings that do not meet these terms will
not be paid the incentive. IT IS THE AGENTS SOLE RESPONSIBILITY
TO MAKE SURE THE BOOKINGS THEY ENTER MATCH THE CRITERIA OF THE
INCENTIVE.
Membership - There is no cost for an agent to become a
Travel Pulse.
Qualifying for Incentive Payments - Each product that an agent
sells, that qualifies for an incentive payment, MUST be entered
into our tracking system to qualify for payment. Should a
booking not be entered into the tracking system, Travel Pulse and
the Supplier are not liable for payment. Agents enter incentive
bookings under 'ADD INCENTIVE BOOKING' in the 'MY ACCOUNT'
section. Agents may check the status of any incentive, at any
time, via the 'MY ACCOUNT' section.
Getting Paid - Travel Pulse pays you the incentive payment after
we receive payment from the supplier. Travel Pulse cannot redeem
the agent's cash incentive until the supplier pays Travel Pulse.
Steps have been taken to assure prompt payment. Incentives will
be paid only on "Confirmed Bookings". It takes 30-60 days on
average, following the date of travel, for you to receive your
payment. Payments are processed via check each month for
confirmed bookings that Travel Pulse has received payment from
the suppliers in the previous month. You can review payment
activity under the MY ACCOUNT section. Review "Pending
Incentives", "Paid Incentives", "Cancelled Incentives" and
"Account Statement". Suppliers that post incentives are 100%
responsible for paying the incentives. If a supplier becomes a
"dead-beat" Travel Pulse will assume NO responsibility for paying
that suppliers outstanding incentives.
Taxes - If applicable, an IRS 1099 form will be sent in
compliance with the IRS regulations to individual agents. Taxes
on incentive payments are the sole responsibility of Travel
Pulse
Members.
Enrollment Cancellation - Travel Pulse reserves the right to
terminate your enrollment in the Program, without notice, due to
misrepresentation, noncompliance with these Program Rules or any
other aspect of the program or any conduct detrimental to the
interests of Travel Pulse.
Indemnification - By enrolling in the Travel Pulse program,
travel agents agree to release and hold harmless Performance
Media Group, LLC, Travel Pulse, its parent, affiliates,
subsidiaries, licensees and their respective shareholders,
officers, directors, employees, agents, successors, assigns or
attorneys, past or present, from any claim, demand or action
that may arise out of or in connection with their acceptance or
use of the Travel Pulse debit card, their participation in the
Travel Pulse program or from any defect or malfunction of any
item purchased with the Travel Pulse Debit MasterCard.
Additional Conditions - Travel Pulse reserves the right to
change, extend, or cancel the Travel Pulse program at any time
with or without notice, even though changes may affect, without
limitation, the reward points structure and/or the value of the
reward points already accumulated.
In the case of any dispute regarding reward points or any other
aspect of the Travel Pulse Program, Travel Pulse will make the
final decision
In the case of account discrepancies, travel agents must contact
Travel Pulse within two (2) months of the transaction. Travel
agents may be asked to supply written documentation of
transactions in question. Please email inquires through the
CONTACT US section of the website or call 1-856-727-0035.
Travel Pulse
c/o Performance Media Group, LLC
593 Rancocas Road
Westampton, NJ 08060
The terms and conditions, or any part of the Travel Pulse
program, are subject to change or may be discontinued at any
time without notice at the sponsor or issuer's discretion.
Travel Pulse SUPPLIER TERMS AND CONDITIONS
Below outlines the terms and responsibilities of Travel Pulse and
'Your Company' (as defined in your registration information) as
it pertains to utilizing the Travel Pulse Cash & Gift Rewards
Platforms.
RESPONSIBILITIES OF YOUR COMPANY
1. Your Company is 100% financially responsible for any offers
posted on www.TravelPulse.com that are redeemed by our members
and meet the criteria of the offer.
2. ACCOUNT SET-UP FEE - In order to post unlimited cash or gift
reward offers, an annual fee is charged. This is an annual fee
and gives you access to create and deploy an unlimited number of
rewards on a pay for performance basis.
3. You must verify all pending redemptions against the terms you
create within a two week period following the date of travel.
4. Suppliers have 10 business days following invoicing of
verified redemptions to submit payment to Travel Pulse.
5. To avoid a perception of bait and switch, the supplier agrees
to provide the Travel Pulse member with a three day advance
notification of any change or adjustment to a current cash
reward offer on TravelPulse.com.
6. All cash rewards have a four week window for redemption
following the conclusion of a booking window.
7. POSTING AND SELLING: You must be legally able to sell the
item(s) you post for sale on our Site. Without limiting any
other remedies, Travel Pulse may suspend or terminate your
account if we suspect that you (by conviction, settlement,
insurance or escrow investigation, or otherwise) have engaged in
fraudulent activity in connection with our site or the travel
industry.
8. BREACH: Without limiting other remedies, we may immediately
issue a warning, temporarily suspend, indefinitely suspend or
terminate your membership and refuse to provide our services to
you: (a) if you breach this Agreement or the documents it
incorporates by reference; (b) if we are unable to verify or
authenticate any information you provide to us; or (c) if we
believe that your actions may cause legal liability for you, our
users or us.
9. INDEMNIFICATION: Each party to indemnify and hold harmless
the other, its officers, directors, employees and agents, from
any and all claims, losses, damages, liabilities, judgments or
settlements, including reasonable attorney fees and costs,
incurred by either party on account of any act omission or
breach of this Agreement.
10. Your Company may post specials, rewards, comments, and other
content; so long as the content is not illegal, obscene,
threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third
parties or objectionable. You may not use a false e-mail
address, false contact information, impersonate any person or
entity, or otherwise mislead as to the origin of the content.
Travel Pulse reserves the right (but not the obligation) to
remove or edit such content that does not conform to our
undisclosed content guidelines. You represent and warrant that
you own or otherwise control all of the rights to the content
that you post; that the content is accurate; that use of the
content you supply does not violate this policy and will not
cause injury to any person or entity; and that you will
indemnify Travel Pulse or its affiliates for all claims resulting
from content you supply.
11. Travel Pulse has the right but not the obligation to monitor
and edit or remove any activity or content.
12. Travel Pulse takes no responsibility and assumes no liability
for any content posted by you or any third party.
RESPONSIBILITIES OF Travel Pulse:
1. Travel Pulse agrees to promote and sell Products supplied by
You through its database of travel agents. It is agreed and
understood that Travel Pulse will separately compensate its
travel agents for selling Products supplied by You. Travel Pulse
further agrees to provide rewards to its travel agents
throughout the year and to accurately track and monitor all
bookings and sales of Products made by its database of travel
agents for Your Company.
Modifications to the Site and the Services.
We may change these Terms and Conditions from time to time and
at any time without notice to you, by posting such changes on
the Site. We reserve the right, for any reason, in our sole
discretion, to terminate, change, suspend or discontinue any
aspect of the Site, including, but not limited to, content,
features or hours of availability. By using the Site following
any modifications to the Terms and Conditions, you agree to be
bound by any such modifications to the Terms and Conditions. We
may also impose limits on certain features of the Site or
restrict your access to part or all of the Site without notice
or penalty.
|
|
|
 |
|
 |
|
|
|