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Haunted San Diego Ghost Tours Affiliate Agreement

Last Updated: 03/04/24

Welcome to the Haunted San Diego Ghost Tours Affiliate Program! By signing up for our affiliate program, you agree to the following terms and conditions. This Agreement (“Agreement”) is made and entered into as of the date of sign up by and between Haunted San Diego Ghost Tours LLC (“Company”), and the individual or entity who has signed up for the affiliate program (“Affiliate”).

  1. PRODUCTS

The Affiliate will sell Company’s San Diego Haunted Ghost Tours and Paranormal Investigation Experiences, as well as the Company’s San Diego History Tours (non-ghosts).

  1. COMMISSION STRUCTURE AND PAYMENT TERMS
  • Commission: The Affiliate will earn a commission of $5 for each tour ticket sold through the Affiliate’s personal code.
  • Payment Terms: Commission payments will be made on a monthly basis, with payment due on the first day of the following month, subject to a reasonable processing period. The Company reserves the right to make bi-monthly payments on the 17th day and last day of each month, with a grace period of a few days.
  • Tax Information: Affiliates earning more than $600 annually will receive a 1099 according to federal tax code requirements.
  1. TERMS OF PARTICIPATION
  • Account Creation: Affiliates must create an account through the Company’s payment system. Affiliates will receive a custom code to give to their customers to use at checkout. Commission is calculated based on the usage of the custom code on hauntedsandiegotours.com or any site directly controlled/owned by Haunted San Diego Ghost Tours LLC.
  • Independent Contractor: Affiliates are not employees of the Company; this is a commission-based role. Affiliates are free to sell Company’s products at their convenience and set their own hours.
  • Freedom to Work Elsewhere: Affiliates can perform services for other vendors and promote other products.
  • Recommendations: Affiliates are encouraged to make recommendations that will benefit the Company.
  1. RELEASE OF LIABILITY

The Affiliate agrees to release the Company from any liability that may arise from the Affiliate’s performance under this Agreement.

  1. GOVERNING LAW; EFFECTIVE DATE; TERMINATION; CONFIDENTIALITY; REIMBURSEMENT FOR EXPENSES; SOCIAL MEDIA; MEDIATION
  • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California, specifically within the jurisdiction of San Diego.
  • Effective Date: This Agreement becomes effective on the date of signing up for the affiliate program.
  • Termination: This is an “at will” Agreement. Either party can terminate this Agreement at any time without written notice.
  • Confidentiality: Affiliates must keep the terms of this Agreement confidential during the Agreement and for two years after termination.
  • Expenses: Affiliates will not be reimbursed for out-of-pocket expenses.
  • Social Media: Affiliates are authorized to use social media to promote the Company’s products, with the understanding that such promotions will result in commission payments. The Company reserves the right to review any marketing materials created by the Affiliate.
  • Mediation: Any disputes arising under this Agreement will be resolved through mediation rather than litigation. The Company shall select the mediator and notify the other party at the time a dispute arises.
  1. ACKNOWLEDGMENT

By signing up for the affiliate program, the Affiliate acknowledges that they have read and agreed to the terms and conditions of this Agreement. Signing up and using the affiliate code indicates their agreement and is legally binding.

  1. SIGN-UP INFORMATION

To get started, please provide the following information:

  • Name
  • Address
  • Phone
  • Unique Email

Submit your information to the person assisting you or email it to accounting@hauntedsandiegotours.com. A unique email is required for payment.

Once added to our system, you will receive an email confirming your registration within a few days. You can also add a “Book Now” button or link for our tours on your website/social media to earn commissions.

  1. BENEFITS
  • Support Local: Help support local businesses and the local economy.
  • Staff Retention: Generate additional income to help retain your staff.
  • Complimentary Tours: Your staff can enjoy a free walking tour by reaching out to us. Bus tours need to be arranged in advance.

Note: Prices, discounts, and payouts are subject to change at the discretion of Haunted San Diego Ghost Tours.

  1. MARKETING AND PROMOTIONAL MATERIALS
  • Company Support: The Company will provide marketing materials such as banners, flyers, and business cards to support the Affiliate’s promotional efforts.
  • Brand Guidelines: Affiliates must adhere to the Company’s brand guidelines when using any marketing materials or creating their own.
  1. PERFORMANCE MONITORING
  • Periodic Reviews: The Company reserves the right to review the Affiliate’s performance periodically to ensure compliance with the Agreement.
  1. NON-COMPETITION AND NON-DISCLOSURE
  • Non-Competition: Affiliates agree not to promote any competing ghost or history tour services within San Diego while participating in this program. If you have an agreement with a competitor please contact us.
  • Non-Disclosure: Affiliates agree not to disclose any proprietary or confidential information obtained during the course of their participation in the affiliate program.
  1. MODIFICATION OF TERMS
  • Right to Modify: The Company reserves the right to modify the terms of this Agreement at any time. Affiliates will be notified of any changes via email and will be required to agree to the new terms to continue participating in the program.
  1. INTELLECTUAL PROPERTY
  • Use of Intellectual Property: Affiliates are granted a non-exclusive, non-transferable right to use the Company’s trademarks, logos, and copyrighted materials solely for the purpose of promoting the Company’s services.
  • Ownership: All intellectual property rights related to the Company’s services remain the exclusive property of the Company.
  1. LIMITATION OF LIABILITY
  • Limitation: The Company’s liability to the Affiliate for any cause whatsoever, and regardless of the form of action, will be limited to the amount paid, if any, by the Affiliate under this Agreement.
  • No Warranty: The Company makes no express or implied warranties or representations with respect to the affiliate program or an Affiliate’s potential to earn income from the program.

By signing up and participating in our affiliate program, you agree to the terms and conditions outlined above.

Welcome to the Family!
Thank you for partnering with Haunted San Diego Ghost Tours and San Diego History Tours. Your support is greatly appreciated.

For any questions or additional information, please contact us at accounting@hauntedsandiegotours.com