We appreciate your interest in being an affiliate agency of PriceAgencies, please carefully review each of the stable terms and conditions which regulate the business relationship between your agency and PriceAgencies, if you are not interested in abide these conditions, we kindly ask you to leave this site.
For the purpose of this site, the following definitions will have the meaning ascribed to them below:
“Customer(s)” means any person who uses the PriceAgencies website for the purpose of booking, managing, and/or purchasing the Products.
“PriceAgencies” means BTC Americas Inc., a Delaware corporation, as a licensee of Price Res, S.A.P.I. de C.V., a Mexican corporation (“Price Res”), authorized to use Price Res’ trademarks and website (the “Website”) and commercialize the Products in the United States of America (U.S.).
“Products” means the travel services and/or products, including but not limited to airline tickets, hotel and other accommodations, car rentals, cruise ships, and vacation packages offered by the Providers.
“Providers” means hotels, motels, airlines, car rentals, or every company that provides the Products to the Customer.
“You” or “Agency” means you, or every third person who has permission to market, promote and/or offer the Products through PriceAgencies’ Website and/or resources.
TERMS AND CONDITIONS
- Purpose; Methods; Manners; Duties.
- By Accepting these terms and conditions, you expressly acknowledge to represent PriceAgencies, on a non-exclusive basis, in connection with the marketing, promotion and sale of the Products to End Users.
- To be recognized and accepted as a PriceAgencies Agency, certain requirements must be met, such as the following:
- That the Agency’s representations set forth in Section 7 are true, complete and accurate; and,
- That the Agency passes the background check, risk analysis and verification processes to become an authorized Agent of PriceAgencies;
PriceAgencies may reserve the right to admit any agency, if at the discretion of PriceAgencies it is considered an agency not eligible for be affiliate to the program.
- Method. The Agency may perform its activities at any time and location and shall determine the method, manner, and details for the performance of such activities, provided that the Agency: (i) follows and complies with PriceAgencies internal policies and directives;
(ii) uses best practices in the promotion, booking, and sale of the Products; (iii) complies with all applicable regulations; and, (iv) exercises the highest degree of professionalism and utilize its expertise and talents in completing the promotion, booking and sale of the Products to the highest of industry standards. The Agency has no authority to enter and/or conclude contracts in the name and on behalf of PriceAgencies, including but not limited to setting, negotiating, and/or agreeing on prices, discounts and rebates, payment terms, and/or warranties. PriceAgencies remains free not to accept orders transmitted by the Agency if it has reason to suspect that it does not comply with PriceAgencies’ internal policies,
- No Authority. The Agency understands that neither it nor its representatives, employees, agents, members, managers, directors, shareholders, and/or affiliates (jointly “Representatives”) have the power and/or authority to bind, undertake and/or enter into any agreements on behalf of PriceAgencies.
- Sub-Contractors. It is expressly forbidden that you perform any sub-contract to third parties to carry out, assume and/or delegate any of the obligations contained herein.
- Duties. To the extent reasonably accepted in the industry and without constituting any other type of relationship between PriceAgencies and the Agency, the Agency understands and agrees that it owes PriceAgencies the duties of care, loyalty, and obedience, the later to the extent that the Agency shall not engage in any act contrary to PriceAgencies’ internal policies and/or
- Access to Reservation Systems.
- From your admission as an affiliated agency, PriceAgencies grants the Agency: (a) a nonexclusive, revocable, limited, non-transferable license to access PriceAgencies Booking For purposes of this terms and conditions, “PriceAgencies Booking System” means the software owned, developed and/or licensed to PriceAgencies for the management, booking and reservation of the Products (the “Software”); and, (b) the credentials to access the Software through an electronic account created/opened by PriceAgencies to give the Agency access to use the Software (the “Electronic Signature”) solely for the purpose of carrying out the purpose of the affiliated program.
The licences given by the execution of this terms and conditions to the Agency does not constitute a sale of the Software or any intellectual property. The Agency may not reverse engineer, copy, modify, loan, rent, lease, assign, transfer, or sublicense the Software or PriceAgencies intellectual property without PriceAgencies.
- The Agency will be solely and exclusively responsible for any misuse of the Electronic Signature and Software by its Representatives. PriceAgencies reserves the right to supervise from time to time the use of the Electronic Signature by the Agency and its
- Once admitted to the affiliation program, The Agency will appoint the individual users of the Electronic Signature and shall provide PriceAgencies, the contact information of those individuals. The Agency may appoint additional or replace the individuals who will have access to the Electronic Signature by giving written notice to PriceAgencies and providing the individuals’ contact information as soon as
- The Parties agree that PriceAgencies may cancel the Agency’s Electronic Signature when the Agency defaults/breaches its obligations under this terms and conditions, or PriceAgencies reasonably believes that the Agency may default/breach its obligations under this policies.
- PriceAgencies reserves the right to revoke the access to the Software and Electronic Signature to the Agency or any of the Agency’s Representatives if at any time:
- the Agency or any of its Representatives breaches any of the duties owed to PriceAgencies;
- the Agency or any of its Representatives breaches or defaults on any of the obligations set forth in this terms and conditions;
- Method of Payment of the Products.
- The Parties agree that the sale of the Products in furtherance of this Agreement may be made:
- In The Products are paid directly to the Agency in cash.
- By Deposit/Wire Once you have been admitted to the affiliation program, PriceAgencies will notify you by email or any other communication method the bank account that will be use for this purpose.
- By Credit Card. The Products are paid with the credit card of the person managing, booking and paying the Products for the benefit of the End User. The Agency is responsible for validating the existence of the credit card, the truthfulness of the information entered and ensure that there are sufficient funds to cover the price of the In case any End User and/or person managing, booking and paying for the Products does not recognize, in part or in whole the charges, the Agency shall be responsible for assuming and covering the outstanding balance of the price of the Products.
- The Agency must take all necessary steps to collect the payment on the timely fashion of the Notwithstanding the foregoing, the Agency understands and agrees to be jointly and severally liable with the End User, for any outstanding balance of the Products’ price. The Agency agrees to further cooperate with PriceAgencies to ensure the payment of the Products.
- Consideration; Expenses.
- In consideration for the Services, PriceAgencies shall pay the Agency the commissions which will be notify at the time of the acceptance to the affiliated program, Those percentages therein may change from time to time and are dependent on changes made by the Products’ Providers. For purposes of this Agreement, Products’ Providers mean the individuals or entities who ultimately supply the Products offered by the Agency in furtherance of this Agreement to the End User.
- Method of Calculation. The commissions are calculated on the amounts actually billed and collected from the sale of the Products. The Parties agree that PriceAgencies may deduct from the Agency’s Commissions and canceled and/or uncollected Products.
- Expenses. PriceAgencies shall not be required to reimburse the Agency for any out-of-pocket expenses unless previously approved by PriceAgencies in
- Parties agree that payment of the Agency’s Commissions will be due and payable upon and provided that the Products have been paid in full and there are no contested/disputed Commissions will be paid within [10] days following the upload of the undisputed invoices and charges issued by the Agency at: http://dashboard.priceaffiliates.com
- Additional
- Agency’s Additional Obligations. In addition to the obligations set forth in this terms and conditions, the Agency agrees to:
- carry out activities aimed at the promotion and sale of the Products, observing the instructions, terms, prices, policies, rules, and conditions established by PriceAgencies, as amended and updated from time to time.
- comply with PriceAgencies rules, procedures, and
- keep PriceAgencies informed of any facts arising out or in connection with the Services and Products, including but not lited to cancellations, refunds,
- Inform PriceAgencies, within a 24-hour period upon the dismissal, resignation, removal and or hiring of the Agency’s Representatives.
- open files for every End User and the person managing, booking, and paying for the Products gathering and obtaining the following information/document: (i) general
- information of the End User and person booking and paying for the Products; (ii) proof of payment, including, credit card vouchers, wire transfer confirmations; and (iii) any other additional information and documents PriceAgencies deem proper or convenient.
- Immediately notify PriceAgencies of all claims of customers in connection with the Products and Services.
- Provide PriceAgencies with detailed reports upon written
- Assist PriceAgencies, if necessary, in collecting its
- Inform the End Users of the instructions, conditions or existing restrictions on cancellations, exchanges, refunds, card payments, and other concepts applicable to the
- Goodwill and Reputation. The Agency agrees to conduct its business and perform the Services in a manner that will reflect favorably on PriceAgencies and its image, credibility, good name, goodwill, and Should the Agency and/or its Representatives attempt to promote the Services and/or PriceAgencies in a manner contrary to these terms and condition PriceAgencies shall have, in addition to any other remedies available to it, the right to injunctive relief enjoining such action and/or the right to immediately terminate the affiliated program.
- Representations. The Agency represents and warrants to PriceAgenciesthat:
- Has full power and authority to execute, deliver, and perform its obligations under this terms and conditions; the execution, delivery, and performance of this policies have been duly authorized and are not in conflict with and do not violate any law or regulation applicable to the Agency and will not result in a breach of or constitute a default under or require any consent under any indenture, loan, or agreement to which the Agency is a
- It is in business for itself and performs the Services as part of its regular
- It possesses all licenses, permits, and authorizations required to enter into this Agreement and render the Services.
- Indemnity. The Agency shall defend, indemnify and hold harmless PriceAgencies and its affiliates and each of their respective officers, directors, employees, agents, successors and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses of whatever kind (including reasonable attorneys’ fees) arising out of or resulting from (1) bodily injury, death of any person or damage to real or tangible, personal property resulting from the Agency’s acts or omissions; and (2) the Agency’s breach of any representation, warranty, duty or obligation under this PriceAgencies may satisfy such indemnity (in whole or in part) by way of deduction from any payment due to the Agency.
- Limitation of Liability. {(SITE)}, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, SHALL NOT BE LIABLE TO THE AGENCY OR ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES UNDER ANY THEORY
OF LAW INCLUDING NEGLIGENCE, TORT, BREACH OF CONTRACT, OR OTHERWISE, FOR ANY DAMAGES IN EXCESS OF 50% FIFTY PERCENT OF THE CONSIDERATION PAID TO THE AGENCY SET FORTH IN SECTION 4 HEREUNDER. THE AGENCY INTENDS THAT THERE BE NO LIABILITY UNDER THIS TERMS AND CONDITIONS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, INCLUDING, BUT NOT LIMITED TO, BUSINESS INTERRUPTION, LOST PROFITS, OR LOST GOODWILL, EVEN IF IT HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGE.
- Warranties Disclaimer; Non-Reliance. {(SITE)} NOR ITS AFFILIATES, ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, INCLUDING ANY WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; TITLE; OR NON-INFRINGEMENT OF THE
- Cancellations and Reimbursements. In the event that the Products’ Providers authorize any refunds to any of the Products to any End User, the Agency must process the corresponding reimbursements pursuant to the reimbursement instructions and policies of PriceAgencies.
- Term and
- The affiliation to the program and obligations of these terms and conditions will begin the moment of acceptance of the agency to the affiliation program and so will continue until the agency or Price decides to terminate them in a voluntary manner or for breach thereof.Upon termination of this Agreement, the Agency undertakes to return to PriceAgencies any material that it would have provided during the term of the same and certify to PriceAgencies that it does not retain any material or information owned or provided by PriceAgencies.
- The Affiliation program may be terminated by the non-breaching party if the other party is in breach of its material obligations under this Agreement and after receiving notice describing such breach and its failure to cure it within five (5) business days. If not cured within this time frame, the non-breaching party may terminate this agreement and exercise all legal and equitable remedies against the breaching party. For purposes of this section 12.3 the following acts constitute material breaches:
- any breach or default to the obligations, duties, covenants and/or representations set forth herein;
- the misuse of the Electronic Signatures and/or Software by the Agency and/or its Representatives.
- Bankruptcy, dissolution, liquidation, seizure of property or any other circumstance likely to seriously undermine the credit of the
- Relationship of the
- The Agency is not an “agent” of PriceAgencies to transact business in PriceAgencies’ name or on PriceAgencies’ behalf, the Agency is a non-exclusive
- PriceAgencies acknowledges that the Agency will perform the Services hereunder as an independent contractor and not as an employee of PriceAgencies. By entering into this terms and conditions, it is the Parties’ express intent to create an independent contractor relationship and not an employer-employee As such, the Agency is responsible for filing its/his/her own tax returns, and for the reporting of all income and other taxes due and owing on the consideration received under this policies. The Agency is not entitled to any benefits specifically associated with employment status and is not entitled to participate in any of PriceAgencies employee benefits programs. Nothing herein shall be deemed to constitute or appoint either party as a partner, joint venturer, or agent of the other party with authority to bind or act in any capacity for that other Party.
- The Agency further represents, warrants and agrees as follows: (1) is in business for it/him/herself and is performing the Services as part of its regular business; (2) possesses all independent licenses, permits, and authorizations required to enter into this policies and perform the Services in favor of PriceAgencies; (3) is free to make business decisions which affect its/his/her ability to profit from the Services performed under this terms, free from the direction and control of PriceAgencies; (4) the consideration to be paid to Agency under this policies is not a fixed salary or an hourly wage, but instead payment for completion of certain specific Services in favor of PriceAgencies; (5) The Agency is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the Services
- Confidentiality.
- The Agency hereby acknowledges and accepts that at all times during the affiliation program and thereafter may have access to information, documents, materials, data, data analysis, projections, technical reports, strategies, databases, customer lists, personnel management systems and programs, proprietary information, finances, business plans; financial reports, custom software applications; clients list, prospects, teaming partners and/or vendors, terms and pricing of contracts between PriceAgencies and its clients; agreements; contact information for PriceAgencies’ employees, vendors and clients; PriceAgencies work product, access information including IDs, passwords, access codes, test keys, and product keys and additional related information of PriceAgencies, its subsidiaries, and affiliates ("Confidential Information”). PriceAgencies makes no representation or warranty, express or implied, to the Agency or any other person as to the accuracy or completeness of the Confidential Information and shall be under no obligation to update, supplement or amend the Confidential Information as a result of subsequent events or developments or for any other reason. PriceAgencies shall have no liability, direct or indirect, to the Agency or any other person as a result of the use of, or reliance on, any Confidential Information delivered to the Agency pursuant to this The Agency agrees at all times during the term of this Agreement and thereafter, to hold in strictest confidence and not to use, except for the benefit of PriceAgencies, or to disclose to any person, firm, or corporation without the written authorization of PriceAgencies, any confidential and proprietary information belonging to PriceAgencies or its clients.
- The Agency recognizes that PriceAgencies has received and in the future will receive from third parties their confidential or proprietary information, subject to a duty on the PriceAgencies’ part to maintain the confidentiality of such information and to use it only for certain limited purposes. The Agency agrees to hold all such confidential or proprietary information in the strictest confidence and not to disclose it to any person, firm, or corporation or to use it except as necessary in carrying out the Agency’s work for PriceAgencies consistent with PriceAgencies’ agreement with such third
- The Agency agrees during engagement with PriceAgencies, not to improperly use or disclose any confidential or proprietary information or trade secrets of any former or concurrent client, employer, or other person or The Agency further represents that its performance of all the terms of this policies does not and will not breach any agreement to keep in confidence proprietary information, knowledge, or data acquired by the Agency in confidence or in trust prior to the Agency’s engagement with PriceAgencies, and the Agency will not disclose to PriceAgencies or induce PriceAgencies to use any confidential and proprietary information or material belonging to any previous employer or others.
- The foregoing obligations and restrictions do not apply to that part of the Confidential Information that the Agency can demonstrate:
- was available or became generally available to the public other than as a result of a disclosure by the Agency; or
- was available, or became available, to the Agency on a non-confidential basis prior to its disclosure to the Agency by PriceAgencies or a PriceAgencies representative, but only if such information was not made available through a breach of confidentiality owed to PriceAgencies; or
- was requested or legally compelled (by oral questions, interrogatories, requests for information or documents, subpoena, civil or criminal investigative demand, or similar process) or is required by a regulatory body to make any disclosure that is prohibited or otherwise constrained by this Agreement, provided, that the Agency shall: (i) provide PriceAgencies with prompt notice of any such request(s) so that PriceAgencies may seek an appropriate protective order or another appropriate remedy: and (ii) provide reasonable assistance to PriceAgencies in obtaining any such protective If a such protective order or other remedy is not obtained or PriceAgencies grants a waiver hereunder, then the Agency may furnish that portion (and only that portion) of the Confidential Information which, in the written opinion of counsel reasonably acceptable to PriceAgencies, the Agency is legally compelled or otherwise required to disclose; provided, that Agency shall use reasonable efforts to obtain reliable assurance that confidential treatment will be accorded any Confidential Information so disclosed.
- The obligations of confidentiality in this Agreement will survive termination of the Agreement and will continue for a period of five (5) years after
- If requested by either Party in writing, the other Party will return all Confidential To the extent permitted by law or applicable regulation, the other Party will also destroy all documents prepared by the requesting Party containing their Confidential
Information or redact all such Confidential Information from those documents. However, the other Party may retain a single archival copy of the Confidential Information for the sole purpose of determining the scope of obligations incurred under this policies.
- Propiertary Information; PriceAgencies’
- Proprietary Information. Agency agrees that all the information used in furtherance of the Services, as well as all materials and documents relating thereto, and all PriceAgencies trade names, logos, trademarks, and/or service marks are and shall continuously remain the sole and exclusive property of PriceAgencies and constitute proprietary information or trade secrets of PriceAgencies (collectively, "Proprietary Information").
- PriceAgencies Property. Agency agrees, during the course of this engagement with the PriceAgencies, to take all steps reasonably necessary to protect PriceAgencies, including Confidential Information, and to prevent such company property from falling into the public domain or into the possession of unauthorized persons. If despite Agency’s best efforts to safeguard PriceAgencies property, Agency accidentally and inadvertently makes an unauthorized disclosure of the PriceAgencies’ protected information, Agency shall notify the PriceAgencies immediately and take all steps reasonably and necessary to retrieve the lost or improperly disclosed information.
- Tax Obligations.
- PriceAgencies and the Agency agree to comply with their tax obligations arising out or related to this
- Agency shall issue within three (3) business days following PriceAgencies request any and all applicable invoices in accordance with the applicable
- Miscellaneous
- Further Actions. Each Party agrees to perform any further acts and execute and deliver any further documents reasonably necessary to carry out the provisions of this
- Successors and Assigns. Except as otherwise expressly provided, this terms and conditions binds and inures to the benefit of the Parties and their respective successors and permitted
- Severability. If any portion of this policies is held by a tribunal of competent jurisdiction to be unenforceable, the remaining provisions remain enforceable to the fullest extent permitted by law if enforcement would not frustrate the overall intent of the Parties (as intent is manifested by all provisions of the Agreement, including the unenforceable portion).
- Extension Not a Waiver. No delay or omission in the exercise of any power, remedy, or right of a Party impairs or affects the right of that Party to exercise it. Any extension of time or other indulgence granted to a Party does not alter or affect any power, remedy, or right of any other party, or any obligation of the Party to whom such extension or indulgence is granted, except as specifically
- No Third-Party Beneficiaries. Nothing in this Agreement is intended to: (i) confer any right or remedy on any person other than the Parties and their respective successors and permitted assigns, (ii) relieve or discharge an obligation of any third person to any Party, or (iii) give any third person any right of action against any
- Attorneys’ Fees. Should any litigation (including any proceedings in a bankruptcy court) or arbitration be commenced between the Parties or their Representatives concerning any provision of, or the rights and duties of any person or entity under, this Agreement, the Party or Parties prevailing in such litigation or arbitration are entitled, in addition to such other relief as may be granted, to the attorneys’; fees, the expert witness’; fees, and costs incurred by reason of the litigation or arbitration. The amount recoverable includes attorney fees and expert witness fees incurred in preparation for or investigation of any matter relating to the litigation or
- Headings. The headings in this terms and conditions are inserted as a matter of convenience and must not be used in interpreting this
- References. A reference to a particular paragraph of this terms and conditions includes reference to subordinate paragraphs if
- Acceptance. once the terms and conditions have been accepted by clicking on the corresponding window, it is understood that you have read them and are happy to submit voluntarily to them.
- Independent Counse Each Party hereto acknowledges that it has been represented by, or has been given, the opportunity to be represented by independent counsel.
- Authority. Any individual executing this terms and conditions on behalf of an entity, represents and warrants that he/she has the authority to enter into this policies and to bind such entity to all the terms and conditions of this Agreement.
- Assignment The Agency may not assign its rights under this policies without the prior written consent of PriceAgencies, which consent may not be unreasonably withheld, conditioned, delayed, or PriceAgencies may assign its rights and obligations under this Agreement to any affiliate, successor, or assignee.
- Notices. Unless otherwise provided, all notices or other communications required or permitted under this terms, including this paragraph, must be in writing and must be: (i) personally hand-delivered (bearing the recipient’s signed acknowledgment in receipt thereof), or (ii) sent by overnight courier with electronic tracking service (e.g., FedEx, UPS o similar providers). Notices are presumed received when received by the recipient or if sent by overnight courier on the date delivered to the recipient as evidenced by the courier’s tracking verification Notices must be given to the following addresses:
If to PriceAgencies:
Attention: Legal Department
Email: contact@priceagencies.com
If to the Agency: To the address and contact information contained on the dashboard of the affiliation program
The address for delivery of notices may be changed by the relevant party by giving notice of such change in accordance with this paragraph.
- Governing Law and Jurisdiction. This Agreement shall be governed by California law. The Parties agree that any legal action regarding this Agreement shall be commenced and maintained in, and hereby consent to the venue in and the jurisdiction of the State of California and the courts located in San Diego
- Block and Groups. The agency may under no circumstances block reservations with a view to future sales. PriceAgencies reserves the right to cancel those reservations that have been made for the purpose indicated in the immediately preceding point without this becoming liability for the fact of cancellation. Likewise, through this contract, group reservations cannot be made, understood as a group reservation that is made by the same client for the same dates, in the same property, and that accumulates six
(6) or more rooms with identical or similar conditions. In case of finding any reservation that is considered as a group reservation PriceAgencies reserves the right to cancel the surplus of same.
- All information circulated between the parties has been provided in good faith and received directly from the final suppliers of the products; therefore, the parties will not assume responsibility for the veracity of the photographs, brochures, or other information provided by the lodging centers. In the event of typographical errors, errors in conversions or any existing rate error the parties will adopt the appropriate measures to correct the error, including the right to cancel the reservation without liability between the parties or third parties.