TravelJolly
BUSINESS MANAGER

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Note: Please see TravelJolly.com Inc., BookingEngineGiftCard.com and TravelJolly Prime’s Privacy Policy for further information on what type of information TravelJolly.com Inc., Booking EngineGiftCard.com, ShareTheLoveForward.com and TravelJolly Prime collects, how it is used and when it may be disclosed.

TravelJolly.com Inc. and Community

Terms and Conditions

Our Registered Members & Affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following agreement with you in mind, as well as to protect our company’s good name. So please bear with us as we take you through this legal formality.

If you have any questions, please don’t hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results please email us at [email protected]

Team TJ

PLEASE VISIT THESE LINKS AND READ THE ENTIRE AGREEMENT.

YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND TRAVELJOLLY.COM INC., (DBA TRAVELJOLLY.COM INC, TRAVELJOLLY.COM, TRAVELJOLLY, PRIME TJ PRIME, BookingEngineGiftCard.com, ShareTheLoveForward.com and TJ Plus)BY PROCEEDING FORWARD TO RECEIVE A GIFT CARD, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE ENTIRE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION, POLICY AND AGREEMENT RELATED TO TRAVELJOLLY.COM INC.SERVICES AND OPERATIONS.

Last updated: June 15, 2018

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the TravelJolly.com or TravelJolly Prime the mobile application (the “Service”) operated by TravelJolly.com Inc. (“us”, “we”, or “our”) Also doing business as (DBA) TravelJolly.com, Booking Engine Gift Card, TJ Prime, TravelJolly Prime, TJ Plus. For this and all TravelJolly.com Inc. Documents and agreements may be referred to as any of the above.

Your access to and use of Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Services. By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

All direct Customers of TravelJolly Prime’s basic services are subject to the terms and conditions contained in the User Agreement. The User Agreement is a legal contract between TravelJolly Prime and the User that contains the rights, duties and obligations of TravelJolly Prime and the User.

The complete Terms and Conditions as defined on this document also contains the Affiliate Agreement, Referral Program Agreement & Terms of Service Agreement among a host of other Various Specified Agreements within Such as the “Acceptable Use Policy” amongst other Policies and Agreements. All together forming the TravelJolly.com Inc. Terms and Conditions.

Your use of TravelJolly.com Inc. services is subject to the terms and conditions set forth in these TravelJolly.com Inc. Terms and Conditions (“Agreement”). This Agreement explains (i) what’s allowed when using our Services; (ii) the rights you have as a user of our Services; (iii) the rights TravelJolly.com Inc. has if you are responsible for something done which is not allowed when using our Services; and (iv) many other important terms. This Agreement is a legal contract between you and TravelJolly.com Inc. and it is important that you read it carefully. If there is anything you do not understand in this Agreement, please contact us.

NOTICE

this Agreement includes an alternative dispute resolution provision for disputes that may arise between users of our Services and TravelJolly.com Inc. or its corporate affiliates. Please see page 24 below which includes an Arbitration Agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the Arbitration Agreement by following the opt out procedure described therein.

(“Agreement”) between us, TravelJolly Prime (“TJ Prime”) and you, regarding your application to and participation in, the TJ Prime Affiliate Program (the “Affiliate Program”) as an affiliate of TJ Prime (an “Affiliate”), and the establishment of links from or to your website to our website, https://www.TravelJolly.com.

BY REGISTERING FOR YOUR BOOKING ENGINE GIFT CARD SPONSORED BY TRAVELJOLLY.COM YOU ARE ALSO PARTICIPATING IN THE AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ AND OR IF YOU HAVE NOT YOU STILL FULLY AGREE TO ALL THE AGREEMENTS AND THE TRAVELJOLLY.COM INC. TERMS AND CONDITIONS AND THAT YOU FULLY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Definitions

“Affiliate” – The business, individual, or entity applying to or participating in the Affiliate Program. One that displays TravelJolly.com Inc and/or the DBA TravelJolly Prime its products and Services and/or promotions on its website, or other media, using an affiliate tracking code in exchange for receiving a commission from TravelJolly Prime for sales directly resulting from such display.

“Affiliate Site” – The Affiliate’s website, social sites, email, widgets, apps and places in general which displays TravelJolly Prime’s Products and Services and/or promotions.

“TravelJolly Prime’s Products and Services” – Web hosting and related products and services that are available for purchase from TravelJolly Prime.

“Commission Fees” – The amount you will be paid for each Qualified Purchase by a Referred Customer that you refer to TravelJolly Prime subject to the Commission Threshold and pursuant to the terms of this Agreement.

“Commission Threshold” – The amount of Commission Fees an Affiliate must accrue prior to receiving a payment from TravelJolly Prime.

“Qualified Sale” – A sale of TravelJolly Prime Products or Services offered by TravelJolly Prime, with a term of twelve (12) months or longer, to a Referred Customer that is not excluded by items on page 36.

“Referred Customer” – Each new and unique customer referred from Affiliate through a Link (as defined near bottom of page 36) that provides valid account and billing information.

“Registration Form” – Any and all order forms or other signup or acceptance forms submitted by a customer to purchase TravelJolly Prime’s Products and Services.

Eligibility, Registration and Account Security
This section describes the eligibility criteria we require from all of our users. When you register to use our Services (as defined below), we need to make sure that you are able to legally contract with TravelJolly.com Inc. This section also explains that you are responsible for account security including all use of the Services through your User account, whether or not authorized by you. Eligibility, Registration and Account Security is not valid where prohibited by law, or in any jurisdiction whose laws materially affect the terms of this offer.

This item only applies to Registered TravelJolly Prime Members in good standing. The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.

If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.

You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms (“Registration Data”); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to TravelJolly.com Inc., to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account, whether or not authorized by you.

You acknowledge and accept that despite the security measures TravelJolly.com Inc. takes in connection with the Services, TravelJolly.com Inc.’s system and/or User Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, malware, worms or Trojan horses, or the like. Under such circumstances, TravelJolly.com Inc. may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that TravelJolly.com Inc. shall have no liability to you for any damage or loss that you may incur due to such corrective action.

TravelJolly.com Inc. does not recommend the use of the Services for hosting or storing personal or sensitive content and shall bear no responsibility or liability in the event of compromise, loss of, or damage to, any such content.

You are responsible for the security of your User account, User Content and User Websites. You further acknowledge and agree that you are solely responsible for backing-up your User account, including without limitation, all of your Personal User Content and User Websites data.

Dedicated Servers

TravelJolly.com Inc. reserves the right to reset the password on a dedicated server if the password on file is not current so that we may perform security audits as required by our system operations and security teams. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. TravelJolly.com Inc. reserves the right to audit servers as needed and to perform administrative actions at the request of our teams. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups.

Prohibited Persons (Countries, Regions, Entities, and Individuals)
The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or re-export, or permit the export or re-export, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, TravelJolly.com Inc. also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.

HIPAA Disclaimer

TravelJolly.com Inc. Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). This section describes our policy on HIPAA in more detail. You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. TravelJolly.com Inc. does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Users requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “Protected Health Information,” is a material violation of this Agreement, and grounds for immediate account termination. TravelJolly.com Inc. does not sign “Business Associate Agreements,” and you agree that TravelJolly.com Inc. is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact us by phone or chat.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest; a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on the Service where the material that you claim is infringing is located; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

TravelJolly.com Inc. and Community Content

Except for User Content (as defined below), all content made available through the Services, including images made available (the “Licensed Images”), designs, templates, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively with the Licensed Images, “TravelJolly.com Inc. Content”), are the property of TravelJolly.com Inc. or its licensors. No TravelJolly.com Inc. Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any TravelJolly.com Inc. Content.

To the extent applicable, you are granted a limited, revocable, non-sublicensable, license to use the Licensed Images solely in connection with the TravelJolly.com Inc. Services. You are prohibited from using any Licensed Images: (i) with pornographic, defamatory, or unlawful content or in such a manner that infringes upon any third party’s trademark or intellectual property rights; (ii) as a trademark, service mark, or logo; and (iii) portraying any person depicted therein (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: (a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; (b) in connection with the advertisement or promotion of tobacco products; (c) as endorsing a political party, candidate, elected official, or opinion; (d) as suffering from, or medicating for, a physical or mental ailment; or (e) engaging in immoral or criminal activities. c. Any use of the TravelJolly.com Inc. Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the TravelJolly.com Inc. Content granted herein. All rights of TravelJolly.com Inc. or its licensors that are not expressly granted in this Agreement are reserved to TravelJolly.com Inc. and its licensors.

User Content

You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you and users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to TravelJolly.com Inc. that (i) you have all necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

You acknowledge and agree that TravelJolly.com Inc. may, but is not obligated to, monitor User Content and may immediately take any corrective action in TravelJolly.com Inc.’s sole discretion, including without limitation removal of all or a portion of the User Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that TravelJolly.com Inc. shall have no liability due to any corrective action that TravelJolly.com Inc. may take, including without limitation suspension or termination of Services.

You hereby grant to TravelJolly.com Inc., to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content and the User Website; and (ii) make archival or back-up copies of the User Content and the User Website. Except for the rights expressly granted above, TravelJolly.com Inc. is not acquiring any right, title or interest in or to the User Content, all of which shall remain solely with you.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of TravelJolly.com Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TravelJolly.com Inc.

Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by TravelJolly.com Inc.

TravelJolly.com Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that TravelJolly.com Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Auto-Renewal Terms

To ensure uninterrupted service, your Services will perpetually renew.

Term and Termination Policy

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

The Term of this Agreement is to be considered perpetual until either you or we Terminate this Agreement. Either party can end this Agreement at any time, with or without cause, by giving the other party written notice. If you should wish to terminate your account, you may simply discontinue using the Service. Should you decide to use written notice it can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

We want our relationship to exist for many years to come. However, we know that one day you might want to leave TravelJolly.com Inc. The instructions to cancel or disable the automatic perpetual renewal, can be found below.

You are only eligible to earn Commission Fees on Qualified Purchases or any other service that may be provided in the future, occurring during the automatic perpetual renewal Term. Commission and or Fees earned prior to any date of termination will be eligible for commissions only if the services or orders for the related TravelJolly Prime Products and Services are not cancelled within (30) days and comply with all the terms of this Agreement. We may withhold your final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payment from Referred Customers are legitimate as determined by TravelJolly Prime in its sole discretion.

Any Affiliate who violates this Agreement, TravelJolly Prime’s Terms and Conditions, or any applicable law will immediately forfeit any right to all accrued, but not yet received, Commission Fees and will be immediately removed from the Affiliate Program.

TravelJolly Prime reserves the right to remove an Affiliate from the Affiliate Program, and to terminate or suspend this Agreement, at any time for any reason, again in TravelJolly Prime’s sole discretion.

Termination Procedure.

You may terminate or cancel the Services you have been provided at any time during the Term by giving TravelJolly.com Inc. notice by mail, email or fax or, you may simply discontinue using the Service.

The cancellation request is subject to verification of ownership of the account as determined by TravelJolly.com Inc.’s at its sole discretion. After the account is canceled, all User Content will be permanently removed from the server. Please make a backup of all your User Content before you contact TravelJolly.com Inc. to cancel your account.

Termination by TravelJolly.com Inc.

TravelJolly.com Inc. may terminate your access to the Services, in whole or in part, without notice in the event that you violate the terms and conditions of this Agreement; (iii) your conduct may harm TravelJolly.com Inc. or others, cause TravelJolly.com Inc. or others to incur liability, or disrupt TravelJolly.com Inc.’s business operations (as determined by TravelJolly.com Inc. in its sole discretion); (iv) you are abusive toward TravelJolly.com Inc.’s staff in any manner; or (v) for any other lawful reason or as otherwise specified in this Agreement.

Modification of Services

TravelJolly.com Inc. reserves the right to modify, change, or discontinue any aspect of the Services at any time. Data Deletion.Upon termination of the Services for any reason, User Content, and other data will be deleted. You are always responsible for maintaining back-up copies of all your User Content, and other data. TravelJolly.com Inc. is not responsible for the loss of any User Content.

Indemnification

You agree to indemnify, defend and hold harmless the TravelJolly.com Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners from and against any threatened, asserted, or filed documentation by a third party against any of the TravelJolly.com Inc. Parties arising out of or relating to your use of the Services, any breach or violation by you of this Agreement; or any of your acts or omissions. The terms of this section shall survive any termination of this Agreement from all parties for and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings judgments, settlements, costs, and expenses (whether legal or administrative), (including, but not limited to, reasonable attorney’s fees) against any and all contained here, (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or any claim related to your Affiliate Site, including, without limitation, its development, operation, maintenance and content therein not attributable to us. (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any of your acts or omissions. The terms of this section shall survive any termination of this Agreement including those resulting from or arising by you or any person using your account and password, or b) a breach of these Terms.

Billing, Payments and Fees

Add-On Services. If you take advantage of add-on services from TravelJolly.com Inc. You have sixty (60) days to dispute the fees deducted from your additional earnings generated by TravelJolly.com Inc.

If you have a question concerning a fee deducted from your additional earnings you believe is incorrect, please call, email or fax us and we will investigate. Should you dispute any fees we reserve the right to suspend your account for the duration of the dispute. Accounts that have an open dispute may be disabled for security purposes.

Once a commissionable credit is updated into your Affiliate account the following payout terms apply When a sale is credited to your account you will then need to pick an option of how to be paid. This ability to earn commissions only applies to Registered TravelJolly Prime Members in good standing. Currently commissionable credits will only be issued if your Gift Card Number and PIN are collected at the time of sale. Credits will be applied to your TJ Affiliate Account at the time a sale is completed if the sale remains a customer in good standing as being a Fully Licensed Member of TravelJolly.com Inc. Purchases must remain in good standing for 31 days and commissions are paid out in 45 days.

This offer is not valid where prohibited by law, or in any jurisdiction whose laws materially affect the terms of this offer.

Returns and Refunds Policy

TravelJolly.com provides Refunds based on a 30-Day Money-Back Guarantee.

Thank you for shopping at (TJ) TravelJolly.com

If you are not entirely satisfied with your purchase, we’re here to help. Our products can be returned within 30 days of the original purchase of the product. A new product may be exchanged for another product or returned for a refund.

To be eligible for a return, please make sure that

The product was purchased in the last 30 days

The product is in its original packaging

The product isn’t used or damaged

You have the receipt or proof of purchase

Products that do not meet these criteria will not be considered for return.

Please contact us before you send the product

Contact us by email to [email protected] once you receive a unique confirmation reference number to send us any product you will be instructed where to send the product with its original packing and the receipt or proof of purchase.

Shipping charges

Shipping charges incurred in connection with the return of a product are non-refundable. You are responsible for paying the costs of shipping and for the risk of loss of or damage to the product during shipping, both to and from (TJ) TravelJolly.com.

Damaged items: If you received a damaged product, please notify us immediately for assistance. We will do our best to rectify and or replace the product.

For any reason should a sale be refunded that the affiliate was paid for the commission will be returned to TravelJolly.com from the next commission that becomes due to the Affiliate.

Resource Usage
TravelJolly.com Inc. Registered Members and Affiliates granted permission to utilize TravelJolly.com Inc., Usage Recourses are required to utilize our server resources in an efficient and responsible manner. Excessive use of TJ server CPU and memory resources by a Registered Member or Affiliate can interfere with or prevent normal service performance for other customers.

Policies & Agreements`

Use of the Services is also governed by the following policies and agreements, which are incorporated by reference. By using the Services, you are also agreeing to the terms of the following policies and agreements.

 “MEMBERSHIP PLAN – OPERATING RULES, REGULATIONS & ACKNOWLEDEMENT AGREEMENT

MEMBERSHIP PLAN – OPERATING RULES, REGULATIONS & ACKNOWLEDEMENT AGREEMENT

This agreement contains the operating rules, regulations, and customer acknowledgement of the TravelJolly.com Membership Plan. The TravelJolly.com Membership Plan is being published and established as of the date listed below. TravelJolly.com, Inc., a Wyoming Corporation, shall as of August 14, 2017 govern the manner in which Members use their Membership Plan Benefits in TravelJolly.com.

The following rules and regulations are designed to inform all members of the way the Membership Plan Operates. Generally, Members who carefully read the Operating Rules and Regulations and abide by all the procedures set forth herein will experience the most use and enjoyment of their Membership Plan Benefits and are in the best position to maximize the use and enjoyment of their Membership Plan Benefits. Compliance with the Operating Rules and Regulations by all Members is required in order to ensure the proper implementation and enjoyment of the Membership Plan Benefits by the Members.

DEFINITIONS

The following capitalized terms shall have those meanings assigned to them throughout the Operating Rules and Regulations:

  1. “Immediate Family” shall mean a Member’s mother, father, daughter and son.
  2. “Members” shall mean all individuals or entities who purchase Membership Plan Benefits and who otherwise are current in connection with all installment payments associated with their purchase which may be due to Membership Plan, along with all annual membership fee obligations, and any other sums of whatever nature which may be due.
  3. “Operating Rules and Regulations” shall mean this document along, with all amendments and modifications hereto, and all other documents otherwise applicable to the manner in which a Member may enjoy the Membership Plan Benefits.
  4. “Membership Plan” shall mean TravelJolly.com Inc., a Wyoming Corporation, and any and all successor organizations or assignee organizations which may continue to convey Membership Plan Benefits to Members.
  5. “Membership Plan Benefits” shall mean a Member’s right to participate in, purchase, or otherwise access overnight accommodations, cruise line bookings, hotel and motel accommodations, condominium or timeshare accommodations, rental car bookings, recreational vehicles, boats, campers and other travel or leisure services of whatever nature which TavelJolly.com may offer to Member from time to time, it being recognized and understood that all such rights, benefits and accommodations are subject to periodic modification and adjustment from time to time at the discretion of Fulfillment Company.

MEMBERSHIP PLAN GOALS AND PURPOSES

The Membership Plan shall have as its goals and purposes the providing of Membership Plan Benefits to Members at rates and charges which are intended to be less than those rates and charges which may otherwise be available to the general public. TravelJolly.com will endeavor to accomplish its goals through the entering into agreements with providers of travel services.

BOOKING RESERVATIONS

Members desiring to reserve Membership Plan Benefits should use the website or call the customer service number provided. Membership Plan Benefits are available on a first-requested, first-confirmed, space-available basis. Membership Plan Benefits are subject to each provider’s rules of use, reservation lead time, minimum stay policies, and cancelation policies. Generally speaking, the sooner a Member places a reservation request with Fulfillment Company, the more likely it is that the Member will have his or her reservation request confirmed. Conversely, the later a Member waits to place a reservation request, the less likely it is that the Member will be confirmed into the accommodations that have been requested. TravelJolly.com reserves the right to adopt additional rules and regulations that might be required in order to further the proper booking of Membership Plan Benefits.

MEMBERSHIP

All Members in good standing shall be entitled to access and utilize Membership Plan Benefits. TravelJolly.com may establish from time to time different classes or categories of membership status that, for differing initiation fees, will entitle Members in differing membership classes or categories to differing Membership Plan Benefits. The Membership Plan shall at all times keep and maintain proper records regarding those Members occupying those different classes or categories of membership status that might be established from time to time.

Designated Members may use and access Membership Plan Benefits for the person so designated as the “Member” and the members guests traveling with the member. A Member may transfer his or her Membership to an individual in his or her Immediate Family with the payment of one-time transfer fee that is set by Membership Plan from time-to-time. A Member’s rights to access Membership Plan Benefits can be suspended should the Member fail to pay any membership dues payable to the Membership Plan, or otherwise fail to abide by those procedures and policies that the Membership Plan may adopt from time to time. The Membership Plan shall deliver written notice to the Member’s last known address or email address of any event

which might constitute membership termination and the Member shall have a ten (10) calendar day period to cure and remedy such event.

GUEST PASSES

Members may purchase a number of “Guest Passes” as shown in their Travel and Leisure Concierge, Buyer’s Acknowledgements. There is a limit of 10 Guest Passes that a member may distribute to non-member family and friends each year. The current fee for a Guest Pass is $29 plus tax, if any. Guest Pass reservations shall be made by the recipient of the Guest Pass (Non-Member Guest) in accordance with these Terms and Conditions including payment for the reservation in the same manner as any other member. At all times, the Non-Member Guest must comply with all costs, fees, and taxes incurred. Members receive “Reward Credits” for the Non-Member Purchases that result through the issuance of a Guest Pass by a Member to a Non-Member Guest.

ANNUAL DUES

All Members shall pay the sum of $199 per year as consideration for their membership in the Membership Plan and their right to access Membership Plan Benefits. TravelJolly.com reserves the right to increase membership dues from time to time within its discretion. All dues are payable on the anniversary of the Member’s initiation date. Failure to pay annual dues will result in the loss of the Member’s ability to access, use and enjoy the Membership Plan Benefits. >

PRICES, PAYMENTS AND REFUNDS

Certain Membership Plan Benefits can only be used and accessed through the payment by the Member of daily or periodic usage fees. TravelJolly.com shall endeavor in good faith to provide up-to-date current rates for those Membership Plan Benefits that a Member might seek to access. All such rates, however, are subject to change without notice. In the event of an increase in prices, Members may be required to pay an additional sum prior to accessing a particular Membership Plan Benefit. TravelJolly.com makes every effort possible to ensure the accuracy of both printed Membership Plan Benefit prices and those Membership Plan Benefit prices quoted by telephone; however, the Membership Plan reserves the right to make subsequent adjustments if a Membership Plan Benefit price was printed or quoted incorrectly or if the ultimate provider of such Membership Plan Benefit subsequently increases the price of same. Membership Plan Benefit prices exclude miscellaneous expenses such as telephone calls, food and beverage service, transfer taxes, etc.

Refund and cancellation and rescheduling policies applicable to all Membership Plan Benefits that Members may access are provided on the website. These refund and cancellation policies will vary depending upon the nature of Membership Plan Benefit that is sought to be accessed. In certain instances, refunds may not be available while in other instances total or partial refunds may be available.

CONFIRMATION DOCUMENTS

Under no circumstances should a Member depart on travel before they have received confirmation documents. If not received within 7 days prior to travel, Members must contact customer service in order to determine the status of confirmation documents.

DISCLAIMERS

Suppliers of, accommodations, cruises, tours and other Membership Plan Benefits are all separate and distinct legal entities. None of these organizations are agents or employees of the Membership Plan. Each Member covenants and agrees that they shall indemnify and hold harmless the Membership Plan from all loss, liability or damage of whatever nature which the Member may incur as a result of the Member’s purchase of a Membership Plan membership, the Member’s use of Membership Plan Benefits, or the Member’s use of any accommodations, transportation, cruise or other services of whatever nature associated with a Member’s use of or involvement with Membership Plan Benefits. The Membership Plan assumes no liability or responsibility of whatever nature for any failure any transportation, accommodation, cruise or other service provider’s failure to perform their services or duties as contemplated by the Member or as otherwise represented or promised. In consideration for access to Membership Plan Benefits, each Member covenants and agrees that they shall not hold the Membership Plan liable for any consequential, special, punitive or other damages or liability that might arise as a result of a Member’s use of or access to Membership Plan Benefits.

AMENDMENTS

Membership Plan reserves the right to amend the terms and conditions of these Operating Rules and Regulations at any time and for any reason in order to insure the proper use and enjoyment of the Membership Plan by all Members

MISCELLANEOUS PROVISIONS; DISPUTE RESOLUTION

These Operating Rules and Regulations shall be interpreted in accordance with the laws of the State of Florida. In accepting a membership in TravelJolly.com, all Members expressly agree and understand that all disputes involving the interpretation of these Operating Rules and Regulations, pertaining to any claims and causes of action against the Membership Plan or the Fulfillment Company, or other litigation or dispute matters of any natures arising hereunder or otherwise pertaining hereto shall be adjudicated and determined solely and exclusively in the following manner and in

the following order. First, any such claim, dispute or disagreement shall be submitted by the Member in writing to TravelJolly.com’s Director of Quality Assurance for review and, if appropriate, adjustment. The Director of Quality Assurance shall have a thirty (30) day period of time in which to review and, if appropriate, resolve the dispute. Second, if the Director of Quality Assurance rejects the Member’s claim, dispute or disagreement, or fails to respond thereto within the applicable thirty (30) day review period, then the Member shall submit the claim, dispute or disagreement to nonbinding mediation before that mediation entity that the Plan might determine, or that otherwise might be deemed mutually acceptable by and between the Plan and the Member. All mediation activities shall occur exclusively in Orange County, Florida. Third, if the claim, dispute or disagreement continues to remain unresolved, then the Member shall submit the claim, dispute or disagreement

to binding arbitration before the American Arbitration Association. All arbitration activities shall occur exclusively in Orange County, Florida. The decisions of the arbitration panel shall be deemed final and conclusive and each party shall bear its own legal fees and costs and the prevailing party shall not be entitled to receive reimbursement from the non-prevailing party for legal fees and costs incurred.

The Member and the Membership Plan may, by mutual written agreement, modify or amend any of the provisions of this section and seek alternative methods of mutually agreeable dispute resolution. All Members knowingly and willfully consent to jurisdiction and venue of all dispute resolution activities as being exclusively based in Orange County, Florida and knowingly and willfully consent and agree to the mandatory and binding arbitration of all such disputes. In the event that any Member should bring any action against the Membership Plan or should initiate a complaint with or by a governmental regulatory agency which results in the bringing of any action against the Membership Plan, and the Membership Plan shall prevail in such action, then the Member shall reimburse the Membership Plan for all costs and expenses, including reasonable attorney’s fees, incurred by the Membership Plan in connection with such matter.

The Membership Plan expressly disclaims any and all liability for any claims, damages, losses, penalties, expenses, costs and liabilities of any kind, or injuries resulting from any act or omission of any other individual or entity providing products or services comprising Membership Plan Benefits or other services hereunder.
These Operating Rules and Regulations are published and established as of the date first written above.

BUYER’S ACKNOWLEDGEMENTS

The undersigned hereby executes this document in connection with the undersigned’s purchase of a membership in TravelJolly.com Inc. a Wyoming a Corporation herein referred to as the “Membership Plan” and/or TravelJolly.com both used interchangeably.

The undersigned does hereby warrant, represent, state, affirm and swear as follows:

  1. I understand and agree that the Membership Plan Operating Rules and Regulations and my Membership Agreement constitute all documents that collectively set forth my rights, benefits and privileges in the Membership Plan. I agree that I am not relying upon any written or oral representations which have been made by agents or employees of TravelJolly.com in connection with my purchase other than are set forth in these documents. My decision to purchase was in no way influenced or induced through guarantees, either written or oral, that my membership would appreciate in value or that Membership Plan or any third party would guarantee to repurchase my TravelJolly.com membership or otherwise resell it for me.
  1. I understand that all Membership Plan services, benefits and privileges, including condominium usage, car rentals, airfare and cruise line accommodations, are subject to a first reserved, first confirmed space available basis, and that prime season availability may be limited. I further understand that the earlier a member places a reservation request with Membership Plan, the more likely it is that the member will have his or her reservation request confirmed. Conversely, I understand that the later a member waits to place a reservation request, the less likely it is that the member will be confirmed into the accommodations which have been requested.
  1. I understand that my membership allows up to two individuals designated as the “Members”, the right to access unlimited weeks of overnight condominium usage per year. I understand that “Hot Week” specials may be reserved on short notice. Prices may vary based upon size of accommodations, season, location and availability.
  1. I understand that my membership in the Membership Plan will entitle me to earn credit for airfare, provided that I upload my itinerary within thirty (30) days of airfare ticket purchase.
  1. I understand that if I cancel a reservation, I may lose my reservation deposit and may be charged a cancellation fee. I additionally understand that I may be asked to post a reservation fee at the same time that a reservation request is made so as to assure the availability of the proposed accommodations or reservations.
  1. I understand that my membership in the Membership Plan is valid for a period of 12 months from the date of my purchase and may be annually renewed by me upon my payment to the Fulfillment Company of an annual renewal fee of $199. which is subject to increase from year to year. I understand that all fees and payments due must at all times be current in order for me to access the services, benefits and privileges of the Membership Plan. I understand that my annual dues are payable upon each anniversary date of my initiation and that my dues may increase each year within the discretion of TravelJolly.com.
  1. I understand that the Membership Plan may modify and amend those benefits and services which it provides to its membership from time to time, and that the Membership Plan may offer new benefits from new vendors from time to time.
  1. I acknowledge that my financial obligations to TravelJolly.com, or its successors and assigns do not constitute a financial burden to me, or my family and I agree to pay all such obligations in a timely fashion. I have not been the subject of any coercion, high-pressure sales or other misrepresentations of any nature associated with this transaction. I have reviewed the Membership Platform Operating Rules and Regulations and have had an opportunity to thoroughly ask all questions which I might have regarding this purchase and the Membership Platform’s rights and benefits.
  1. I understand that I am acquiring a membership for personal use only and that my purchase does not involve the acquisition of any real property. I further understand that my representations herein will be relied upon by TravelJolly.com in determining whether to finalize the subject business transaction and that TravelJolly.com may incur loss and damage should my representations herein prove false or misleading or be subsequently disclaimed by me.
  1. I understand that, should any of the vacation and travel benefits associated with my membership become unavailable due to events beyond the control of the TravelJolly.com, then the Membership Plan reserves the right to substitute a replacement benefit of similar type, quality and value.
  1. I understand that I may transfer my TravelJolly.com membership to a member of my immediate family for a single transfer fee of $1. said transfer fee being subject to increase from year to year. For the purposes of this transfer provision, “immediate family” are comprised of my/our mother(s), father(s), daughter(s), and son(s).
  1. I understand that I am registered as a member of the Membership Plan as of today, however, my account may not be active to log in and make reservations for fourteen (14) days following the execution hereof.
  1. I/we have read and understood all of the provision of this Purchaser’s Affidavit and have had the opportunity to ask all questions that I/we deem relevant. I/we agree to hold harmless the Membership Platform from liability arising as a result of any claims that I/we may assert that are inconsistent with the provisions of this Purchaser’s Affidavit

Additional terms may apply to certain Services, and such additional terms will be made available to you and will be incorporated by reference with such Services.

Payment Card Industry Security Standard Disclaimer

TravelJolly.com Inc. complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of your data and billing information. TravelJolly.com Inc. does not monitor User Websites for compliance and therefore we are not able to verify whether any User Website complies with the PCI Standard.

Acceptable Use Policy

TravelJolly.com Inc. expressly reserves the right to review every user account for excessive usage of CPU, bandwidth, disk space and other resources that may be a result of your violation of this Agreement or the Acceptable Use Policy. TravelJolly.com Inc. may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete User Content for those User accounts that are found to be in violation of TravelJolly.com Inc. policies. You hereby agree that TravelJolly.com Inc. shall have no liability due to any action that TravelJolly.com Inc. may take, including without limitation suspension or termination of Services in connection with your violation of this section.

Backup

Each User is solely responsible for backing-up all User Content, including any User Websites. TravelJolly.com Inc. is not responsible for the loss of any User Content.

TravelJolly Prime’s Usage Policy is designed to protect TravelJolly Prime, its Users and others from illegal, malicious, damaging and inappropriate behavior by Users of TravelJolly Prime’s services. All users of TravelJolly Prime’s services are subject to the Usage Policy. The Usage Policy lists activities that are prohibited on TravelJolly Prime’s services, such as hacking and spamming.

This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into TravelJolly.com Inc.’s Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided to them in the Terms of Service. TravelJolly.com Inc. may modify this AUP at any time without notice.

You shall use the Services only for lawful purposes. Transmission, storage, or display of any information, data, or material in violation of applicable laws or regulations, including without limitation the laws of the State of Florida, is prohibited. TravelJolly.com Inc. reserves the right to terminate the Services for any Customer that exposes TravelJolly.com Inc. to legal liability or threatens its ability to provide services to other customers. You agree to indemnify and hold TravelJolly.com Inc. harmless from any claims resulting from your use of the Services.

REPORT MEMBER VIOLATIONS

Please use this form to submit a report regarding a violation of our Terms of Service on a web site or system maintained by TravelJolly Prime.

We strive to make the Web a better place and consider the abuse of our services a serious matter. We investigate and record all reports of abuse submitted to us. Where appropriate, we may act if a violation of any of our terms of service is confirmed or when required to do so if an activity violates the policies of ICANN or appropriate registry. We may request additional information from you about your report. However, please note we may not be able to provide you with specific updates in response to your specific report due to privacy reasons.

IMPORTANT NOTES:

This form is only for reporting certain violations of our Terms of Service. If you are customer and need assistance with your account, please login to your account.

If you believe that copyrighted work has been infringed, please see our Copyright Policy for instructions on reporting copyright infringement to TravelJolly Prime. The Digital Millennium Copyright Act (17 U.S.C. §§ 512) specifies that a proper notice of claimed infringement must be in writing and contain certain information as outlined in the DMCA.

TravelJolly Prime will not become involved in third party disputes. As a web hosting company, we are not in a position to judge the relative merits of each party’s position with regards to a dispute. However, should any of the parties elect to seek a court order, please be advised that we would comply with a valid order issued by a court of competent jurisdiction.

If you need to fax us a preservation letter or subpoena, please see our policy on Data Request Policy.

Data Request Policy

Privacy Policy. Please see TravelJolly Prime’s Privacy Policy for further information on what type of information TravelJolly Prime collects, how it is used and when it may be disclosed. Subject to TravelJolly Prime’s Privacy Policy, this Data Request Policy describes the types of requests for data that TravelJolly Prime may receive and how TravelJolly Prime may respond to such requests.

Types of Requests

TravelJolly Prime receives the following types of requests concerning Subscriber data:

Data Requests. A data request is a request for information or documents relating to Subscriber accounts in connection with official criminal investigations or other official legal proceedings. Except in limited emergency situations (see below), TravelJolly Prime requires data requests to be made through formal U.S. legal process and procedures, and we respond to such requests as required by law. Examples of data requests include:

Subpoenas

Court Orders

Search Warrants

Legal process received from outside the United States may require a Mutual Legal Assistance Treaty (MLAT) with the United States

Other forms of legal process such as Civil Investigative Demands

Preservation Requests

A preservation request asks TravelJolly Prime to preserve Subscriber account records in connection with official criminal investigations or other official legal proceedings. Preservation requests must include the following information:

Identification of the account(s) at issue (as further described in below);

Identification of the investigating agency and/or specific pending official proceedings (requests must be signed on law enforcement letterhead);

Assurances that the requesting agency or individual is taking steps to obtain appropriate legal process for access to the data that TravelJolly Prime is being asked to retain; and

A valid return email address and phone number.

Emergency Requests

An emergency request is only appropriate in cases involving imminent serious bodily harm or death. We respond to emergency requests when we believe in good faith that such harm may occur if we do not respond without delay.

Notice to TravelJolly Prime Subscribers

TravelJolly Prime’s policy is to notify its Subscribers of requests for their data unless, TravelJolly Prime is prohibited from doing so by statute or court order.

Information to Include in a Request. The following information must be included in a request for Subscriber data:

First and last name of the customer and email address associated with the account; and Domain Name and/or IP address associated with the account.

TravelJolly Prime may not be able to respond to a request without this information.

Additionally, TravelJolly Prime reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the information requested is related to the pending litigation and the underlying subpoena.

Sending a Request to TravelJolly.com Inc (DBA) Doing Business as TravelJolly.com, TravelJolly Prime and TJ Prime is located in Maitland, Florida and all Requests should be sent to that location or mailed or faxed to:

TravelJolly.com Inc.
Legal Department
555 Winderley Pl.
Suite 114
Maitland, FL 32751

Phone: (407) 677-1040 (M-F 9am – 3:30pm EST)
Fax: (407) 677-1015
E-mail: [email protected]

IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER AND/OR FAX (FAX # 407-677-1015). DUE TO THE VAGARIES OF THE INTERNET AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE, WILL HELP ASSURE THAT YOUR NOTICE IS RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.

Fees

TravelJolly Prime may seek reimbursement for costs in responding to requests as provided by law and may charge additional fees for costs in responding to unusual or burdensome requests.

Available Information Depending on the type of formal legal process provided, TravelJolly Prime may be able to respond with one or more of the following types of data:

Non-Content TravelJolly Prime will produce non-content information such as basic Subscriber information which may include the following subject to a valid request:

Name

Email addresses

Date and time of account creation

Billing information

IP Logs

Content

TravelJolly Prime will only produce Subscriber content (such as website files and email content) pursuant to a valid search warrant from an entity with proper jurisdiction.

Limitation of Liability

In no event shall TravelJolly.com Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

TRAVELJOLLY.COM INC. SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THE TRAVELJOLLY.COM INC. PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY THAT MAY RESULT FROM UNAUTHORIZED ACCESS TO OR MISUSE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION, SENSITIVE INFORMATION OR OTHER INFORMATION OR DATA STORED THEREIN, OR INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, INCLUDING FROM INTERRUPTION OF SERVICES,, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, WHETHER OR NOT AUTHORIZED BY YOU, EVEN IF TRAVELJOLLY.COM INC. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TRAVELJOLLY.COM INC.’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TRAVELJOLLY.COM INC. FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

Disclaimer

our use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

TravelJolly.com Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

You further acknowledge and agree that TravelJolly.com Inc. exercises no control over, and accepts no responsibility for, the content of the information passing through TravelJolly.com Inc.’s host computers, network hubs and points of presence or the Internet.

EXCEPT AS PERMITTED HEREIN, YOU SHALL NOT AND ARE NOT AUTHORIZED TO (i) USE THE TRAVELJOLLY PRIME TRADEMARK, NAME OR ANY OF OUR OTHER INTELLECTUAL PROPERTY, INCLUDING WITHOUT LIMITATION, THE LINKS, AND THE LICENSED MATERIALS (COLLECTIVELY, THE “TRAVELJOLLY PRIME”) (OR ANY VARIATIONS OR MISSPELLINGS THEREOF OR OTHER TERM OR TERMS CONFUSINGLY SIMILAR TO ANY OF THE FOREGOING) WITHOUT TRAVELJOLLY PRIME’S EXPRESS PRIOR WRITTEN PERMISSION; (ii) USE TRAVELJOLLY PRIME IP IN A DOMAIN OR WEBSITE NAME, IN ANY BIDS FOR KEYWORDS OR GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), IN ANY SEARCH ENGINE ADVERTISING (PAID OR OTHERWISE), IN ANY METATAGS, GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), KEY WORDS, ADVERTISING, SEARCH TERMS, CODE, OR OTHERWISE; (iii) ACT IN ANY WAY THAT CAUSES OR CREATES OR COULD CAUSE OR CREATE ANY “INITIAL INTEREST CONFUSION” OVER THE USE OF TRAVELJOLLY PRIME IP ON THE INTERNET OR IN ANY SEARCH ENGINE ADVERTISING. YOUR USE OF TRAVELJOLLY PRIME IP IN ANY MANNER, OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER SHALL CONSTITUTE UNLAWFUL INFRINGEMENT OF TRAVELJOLLY PRIME’S INTELLECTUAL PROPERTY RIGHTS, AND MAY SUBJECT YOU TO CLAIMS FOR DAMAGES (INCLUDING POTENTIAL TREBLE DAMAGES FOR KNOWING OR WILFUL INFRINGEMENT), AND THE OBLIGATION TO PAY TRAVELJOLLY PRIME’S LEGAL FEES AND COSTS IN CONNECTION WITH ANY ACTION OR PROCEEDING IN WHICH TRAVELJOLLY PRIME SEEKS TO ENFORCE ITS RIGHTS UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF TRAVELJOLLY PRIME’S INTELLECTUAL PROPERTY RIGHTS.

We make no express or implied warranties or representations with respect to the Affiliate Program or any TravelJolly Prime Products and Services sold through the Affiliate Program (including, without limitation, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). In addition, to be clear we will not be liable for the consequences of any interruptions or errors, including the tracking of information concerning Referred Customers during any period of interruption.

Prohibited Uses

You may not use the Services to publish content or engage in activity that is harmful to others or illegal under applicable law. Any content that, in our judgment, violates our Terms of Service, including this AUP, in any manner may be removed from our servers (or otherwise disabled), with or without notice. Examples of prohibited content and activities can be found in this section. Including without limitation in connection with any of the following illegal, harmful or fraudulent activities:

Disclosing private sensitive personal information about others;

Distributing malware or other malicious code;

Engaging in the unlawful distribution of controlled substances and drug contraband;

Engaging in the unlawful distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription;

Gambling; Hosting child pornography or content that is potentially harmful to minors (Any website found to be hosting child pornography or linking to child pornography will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children (NMEC); Hosting FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or related sites; Hosting or linking to a website intended to deceive the public including, but not limited to sites listed at aa419.org & escrow-fraud.com; Hosting or linking to an anonymous proxy server; Infringing upon the Intellectual Property Rights of Others. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. If you believe that your intellectual property rights are being infringed upon, please notify TravelJolly.com by completing the Report Member Violations form, or emailing us at [email protected] Inc.; Money laundering; Phishing or engaging in identity theft; Selling weapons or ammunition;

No Unauthorized System Access or Network Abuse – You may not use the Services to gain access into any network or system without permission. Prohibited activities include:

Accessing another network without permission, to probe or scan for vulnerabilities or breach security or authentication measures; Attacking other networks (i.e. Denial of Service (DoS) attacks); Intercepting or monitoring data without permission; Running a file sharing site; Running any software that interfaces with an IRC (Internet Relay Chat) network; Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the TravelJolly.com Inc.’s website or servers for any unauthorized purpose;

Don’t Hamper System Performance

Consuming excessive amount of server resources are prohibited. This leads to server performance issues and may cause a disruption to our systems or other customers. Use of any scripts or processes that may adversely impact our systems is prohibited.

No Adult Content – You may not use the Services to distribute pornography or other adult-related content or offer any escort services.

No Storage of Backups – Backing up personal data to a hosting account is prohibited. Our Services are not designed to host your web site, not serve as a data repository. TravelJolly.com Inc. reserves the right to remove backups from your account.

“Safe lists,” purchased lists, and selling of lists will be treated as SPAM. We may terminate the account of any User who sends out SPAM with or without notice.

Websites advertised via SPAM (i.e. Spamvertised) are not be associated with TravelJolly.com Inc and TravelJolly.com services in any manner. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may use our Services. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Please familiarize yourself with the CAN-SPAM Act. Information about the CAN-SPAM Act may be found by accessing the following link: https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business

Zero Tolerance Spam Policy

You may not use the Services to send spam or bulk unsolicited messages. TravelJolly.com Inc. maintains a zero-tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”).

Defamation and Objectionable Content

TravelJolly.com Inc. values the freedom of expression and encourages Users to be respectful with the content they post. As a webhost, TravelJolly.com Inc. is not a publisher of User content and is generally not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which TravelJolly.com Inc. may find objectionable, should be censored. Accordingly, TravelJolly.com Inc. generally requires a court order from a court of competent jurisdiction, as determined by TravelJolly.com Inc. in its sole discretion, to take down alleged defamatory or objectionable content. However, TravelJolly.com Inc. reserves the right to disable or remove any content to prevent harm to others or to TravelJolly.com Inc., as determined in TravelJolly.com Inc.’s sole discretion. Beware if we are made aware of content that violates the law or this AUP, we will consider the matter and take appropriate action as determined in our sole discretion balancing the merits of the complaint with the right to freedom of expression.

Enforcement

TravelJolly.com Inc. may terminate your Services with or without notice upon any violation of this AUP. This section describes how TravelJolly.com Inc. may enforce the AUP. With regards to Registered Members, if there is a violation of the AUP, TravelJolly.com Inc. will suspend the account in question and notify the Registered Member your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency. A failure to respond to an email from our compliance team within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services.

We reserve the right to enforce, or not enforce, this AUP in our sole discretion.

Reporting violations of TravelJolly.com Inc., AUP. If you feel you have discovered a violation of our AUP please complete the Report Member Violations form, or email us at [email protected] Inc.

Reporting AUP Violations

If you feel you have discovered a violation of our AUP, please review this section to learn about our reporting procedures.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon or arising from an alleged tort, shall be governed by the substantive laws of the state of Florida. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any suit, action or proceeding concerning this Agreement must be brought in a state or federal court located in Orange County, Florida. Each of the parties hereby irrevocably consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum. Both you and TravelJolly.com Inc. hereby agree to waive all respective rights to a jury trial of any claim arising out of or relating to this Agreement.

Arbitration. For all Users who signed up for or purchased Services on or after July 4, 2018 the Arbitration Agreement shall apply. The Arbitration Agreement includes an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the Arbitration Agreement by following the opt out procedure described therein.

Governing Law and Jurisdiction for users in the European Union

For users in the European Union, this Agreement, and any non-contractual obligations arising out of, or in relation to it, shall be governed by and construed in accordance with the laws of England and Wales subject only to any mandatory provisions of consumer law in the country in which you reside. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply. You and TravelJolly.com Inc. irrevocably agree that the courts of the country in which you reside shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.

Alternatively, you may raise the dispute with an alternative dispute resolution body via the EU Commission’s Online Dispute Resolution (ODR) Platform. Miscellaneous, Governing Law and Arbitration The governing law and jurisdiction provision as set forth in and shall apply to all Users. For Users who purchased or signed up for the Services after July 4, 2018, the arbitration clause shall also apply. This as the operating Agreement between TravelJolly.com Inc. and you (“User”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by TravelJolly.com Inc. and of the TravelJolly.com Inc. website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. Please read this Agreement carefully. We may in our sole discretion change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on the TravelJolly.com Inc. website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page, together with any options you may have as a current customer to accept or reject changes, where required by law or otherwise made available. If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services and your sole remedy is to cancel your account.

Governing Law

The laws of the state of Florida will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Orange County, Florida and you irrevocably consent to the jurisdiction of such courts.

Assignment

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns

Waiver. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.

You may opt out of this agreement by following the opt out procedure described below. Unless otherwise stated, defined terms in this Arbitration Agreement have the meanings provided to them in the TravelJolly.com Inc. Terms of Service. TravelJolly.com Inc. may modify this Arbitration Agreement at any time with appropriate notice.

Informal Process First

You agree that in the event of any dispute between you and TravelJolly.com Inc., you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to arbitration under these Terms.

Binding Arbitration

Any dispute or claim that remains unresolved after the informal dispute resolution described in Section 1 except for disputes relating to the infringement of our intellectual property rights or the access or use of the Service in violation of these Terms (a “Claim”) or Claims seeking more than $10,000 in damages, will be resolved by binding arbitration, rather than in court, provided that you may assert Claims in small claims court located in Orange County, Florida if your Claims qualify.

No Judge or Jury

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would.

Arbitrator and Rules

The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org. In the event of a conflict between the commercial arbitration rules and this Arbitration Agreement, this agreement shall control, and the parties shall designate another arbitrator.

Starting an Arbitration

A party who intends to seek arbitration must first send written notice to TravelJolly.com Inc.’s Legal Department of its intent to arbitrate (“Notice”). The Notice to TravelJolly.com Inc. should be sent by any of the following means:(i) electronic mail to [email protected] Inc.; or (ii) sending the Notice by U.S. Postal Service certified mail to: TravelJolly.com Inc., Attn: Legal Department, 555 Winderley Pl, Suite 114, Maitland, FL 32751. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or TravelJolly.com Inc. may commence an arbitration proceeding.

Format of Proceedings

The arbitration will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.

Fees

If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, we will pay all other AAA and arbitrator’s fees and expenses. Any fees greater than the filing fees of the small claims court in your home jurisdiction will be paid by TravelJolly.com Inc.

Individual Basis; Jury Trial Waiver

To the fullest extent permitted by applicable law, you and TravelJolly.com Inc. each agree that any proceeding to resolve a Claim will be conducted only in the respective party’s individual capacity and not as a plaintiff or class member in any purported class, consolidated, multiple plaintiff or representative action (“Class Action”). If for any reason a Claim proceeds in court rather than in arbitration, you and TravelJolly.com Inc. each waive any right to a jury trial. You and TravelJolly.com Inc. expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding, and that if this specific provison is found to be unenforceable, then the entirety of this arbitration clause shall be null and void. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods will have no applicability.

Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and TravelJolly.com Inc. each agree to the exclusive jurisdiction of the Federal and State courts located in Orlando, Florida, and you and TravelJolly.com Inc. each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.

Opting Out. If you do not want to arbitrate disputes with us and you are an individual, you may opt out of this arbitration agreement by sending an email to [email protected] Inc. within thirty (30) days of the first of the date you access or use the Service.

Confidentiality. The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

User’s Responsibilities

All Users are required to comply with applicable law and have certain obligations with respect to their use of TravelJolly.com Inc. Services. You are also required to cooperate with TravelJolly.com Inc. and utilize hardware and software that is compatible with the Services. In addition, you are responsible for the security of your account and its content, as well as for maintaining a backup of your content and promptly removing any malware from your account.

TravelJolly.com Inc.’s User Agreement

Your use of TravelJolly.com Inc. services is subject to the terms and conditions set forth in these TravelJolly.com Inc. Terms of Service (“Agreement”). This Agreement explains (i) what’s allowed when using our Services; (ii) the rights you have as a user of our Services; (iii) the rights TravelJolly.com Inc. has if you do something which is not allowed when using our Services; and (iv) many other important terms. This Agreement is a legal contract between you and TravelJolly.com Inc. and it is important that you read it carefully. If there is anything you do not understand in this Agreement, please contact us.

NOTICE: this Agreement includes an alternative dispute resolution provision for disputes that may arise between users of our Services and TravelJolly.com Inc. or its corporate affiliates. Please see the Arbitration Agreement, all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the Arbitration Agreement by following the opt out procedure described therein.

Eligibility, Registration and Account Security

This section describes the eligibility criteria we require from all of our users. When you register to use our Services (as defined below), we need to make sure that you can legally contract with TravelJolly.com Inc. This section also explains that you are responsible for account security including all use of the Services through your User account, whether or not authorized by you.

The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.

If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.

You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms (“Registration Data”); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to TravelJolly.com Inc., to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account, whether or not authorized by you.

You acknowledge and accept that despite the security measures TravelJolly.com Inc. takes in connection with the Services, TravelJolly.com Inc.’s system and/or User Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, malware, worms or Trojan horses, or the like. Under such circumstances, TravelJolly.com Inc. may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that TravelJolly.com Inc. shall have no liability to you for any damage or loss that you may incur due to such corrective action.

TravelJolly.com Inc. does not recommend the use of the Services for hosting or storing personal or sensitive content and shall bear no responsibility or liability in the event of compromise, loss of, or damage to, any such content.

You are responsible for the security of your User account, User Content and User Websites. You further acknowledge and agree that you are solely responsible for backing-up your User account, including without limitation, all User Content and User Social Sites and Various places you may place TJ Prime content of which it may reside.

Dedicated Servers

TravelJolly.com Inc. reserves the right to reset the password on a dedicated server if the password on file is not current so that we may perform security audits as required by our system operations and security teams. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. TravelJolly.com Inc. reserves the right to audit servers as needed and to perform administrative actions at the request of our teams. Some Dedicated servers are SOMETIMES NOT backed up by us. It is your responsibility to maintain backups.

rohibited Persons (Countries, Regions, Entities, and Individuals)

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or re-export, or permit the export or re-export, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, TravelJolly.com Inc. also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.

TravelJolly.com Inc. Content

Except for User Content (as defined below), all content made available through the Services, including images made available through any website builder tools provided by TravelJolly.com Inc. (the “Licensed Images”), designs, templates, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively with the Licensed Images, “TravelJolly.com Inc. Content”), are the property of TravelJolly.com Inc. or its licensors. No TravelJolly.com Inc. Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any TravelJolly.com Inc. Content.

To the extent applicable, you are granted a limited, revocable, non-sublicensable, license to use the Licensed Images solely in connection with the TravelJolly.com Inc. Services. You are prohibited from using any Licensed Images: (i) with pornographic, defamatory, or unlawful content or in such a manner that infringes upon any third party’s trademark or intellectual property rights; (ii) as a trademark, service mark, or logo; and (iii) portraying any person depicted therein (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: (a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; (b) in connection with the advertisement or promotion of tobacco products; (c) as endorsing a political party, candidate, elected official, or opinion; (d) as suffering from, or medicating for, a physical or mental ailment; or (e) engaging in immoral or criminal activities. c. Any use of the TravelJolly.com Inc. Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the TravelJolly.com Inc. Content granted herein. All rights of TravelJolly.com Inc. or its licensors that are not expressly granted in this Agreement are reserved to TravelJolly.com Inc. and its licensors.

User Content

You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you and users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to TravelJolly.com Inc. that (i) you have all necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

You acknowledge and agree that TravelJolly.com Inc. may, but is not obligated to, monitor User Content and may immediately take any corrective action in TravelJolly.com Inc.’s sole discretion, including without limitation removal of all or a portion of the User Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that TravelJolly.com Inc. shall have no liability due to any corrective action that TravelJolly.com Inc. may take, including without limitation suspension or termination of Services.

You hereby grant to TravelJolly.com Inc., to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content and the User Website; and (ii) make archival or back-up copies of the User Content and the User Website. Except for the rights expressly granted above, TravelJolly.com Inc. is not acquiring any right, title or interest in or to the User Content, all of which shall remain solely with you.

Payment Card Industry Security Standard Disclaimer

TravelJolly.com Inc. complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your User Website. TravelJolly.com Inc. does not monitor User Websites for compliance and therefore we are not able to verify whether any User Website complies with the PCI Standard.

Compliance with Applicable Law

You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside, or your organization is located regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are controlled and operated by us from our offices within the United States (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Policy) and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.

For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).

To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller subject to the GDPR.

Additional User Responsibilities

You will be solely responsible for all activities conducted on or through a User Website, whether or not authorized by you and any transactions or interactions with end users of your User Website. You will be solely responsible for providing end users of your User Website with any applicable terms of use and privacy policy, including any required disclosure or explanation of the features of your User Website and any goods or services offered through your User Website.

You will cooperate fully with TravelJolly.com Inc. in connection with TravelJolly.com Inc.’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for you to use the Services. Delays in the performance of your obligations under this Agreement will extend the time for TravelJolly.com Inc.’s performance of its obligations that depend on your performance.

Third Party Websites

The Services may contain links to other websites that are not owned or controlled by TravelJolly.com Inc. (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third-Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, security, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third-Party Sites or to access or use any Third-Party Content, you do so at your own risk and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate.

*Full terms and conditions for Google AdWords can be found here

*Additional terms and conditions for Bing Ad Credits can be found here

Miscellaneous:

Entire Agreement

This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

Waiver

No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

Assignment; Successors

You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of TravelJolly.com Inc. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. TravelJolly.com Inc. may assign its rights and obligations under this Agreement and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Third-Party Beneficiaries

Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, you acknowledge and agree that any supplier of a third-party product or service that is identified as a third-party beneficiary in the Service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against you as if it were a party to this Agreement.

Government Regulations

You may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States (or, if you are outside of the United States, to anyone outside of your national jurisdiction) in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction you operate or do business.

Marketing

You agree that during the Term TravelJolly.com Inc. may publicly refer to you, orally and in writing, as a User of TravelJolly.com Inc. to the extent permitted by applicable law. Any other public reference to User by TravelJolly.com Inc. requires your written consent.

TravelJolly Prime Affiliate Agreement

This Affiliate Agreement (“Agreement”) contains the complete terms and conditions between us, TravelJolly Prime (“TravelJolly Prime”) and you, regarding your application to and participation in, the TravelJolly Prime Affiliate Program (the “Affiliate Program”) as an affiliate of TravelJolly Prime (an “Affiliate”), and the establishment of links the TJ Prime app, images, code miscellaneous tools and content that can be shared and used on your social sites, website(s) and throughout the online and offline world with regard to our  website, https://www.TravelJolly.com and TravelJolly.com Inc as a whole.

BY REGISTERING FOR YOUR BOOKING ENGINE GIFT CARD SPONSORED BY TRAVELJOLLY.COM INC. YOU ARE ALSO PARTICIPATING IN THE AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT, TRAVELJOLLY.COM INC. TERMS AND CONDITIONS AND ASSOCIATED DOCUMENTARTION, POLICIES AND AGREEMENRNTS AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, POLICIES AND ALL OTHER ASSOCIATED AGREEMENTS AND LEGAL DOCUMENTATION PUBLISHED BY TRAVELJOLLY.COM INC.

When an individual you referred to TravelJolly.com Inc. provides TravelJolly.com a Booking Engine Gift Card and PIN that you shared/distributed/provided or made available to them and we collect the Unique Gift Card Number and PIN it is at this point they are either eligible to be a Registered Member or may already be Registered Member of Travel Jolly.com Inc.

When a Registered Member of TravelJolly.com Inc. provides the Unique Gift Card Number and PIN that you were issued when you downloaded the TJ Prime App. And it results in an individual investing in becoming a Fully Licensed Member of TravelJolly.com Inc., you are at that time credited for the sale in the form of a $50.00 Credit to your Affiliate Account.

Once a commissionable credit is updated into your Affiliate account the following payout terms apply.

When a sale is credited to your account you will then need to pick an option of how to be paid. This ability to earn commissions only applies to Registered TravelJolly Prime Members in good standing. Currently commissionable credits will only be issued if your Gift Card Number and PIN are collected at the time of sale. Credits will be applied to you TJ Affiliate Account at the time a sale is completed and in a status of pending to be paid within your Affiliate Account if the sale remains a customer in good standing as being a Fully Licensed Member of TravelJolly.com Inc. you will be paid for the referral purchase. Purchases must remain in good standing for 31 days and commissions are paid out in 45 days.

This offer is not valid where prohibited by law, or in any jurisdiction whose laws materially affect the terms of this offer.

TravelJolly Prime Definitions

“Affiliate” – The business, individual, or entity whom has Completed and become a Registered Member of TravelJolly.com Inc. And whom has also downloaded the TJ Prime app and has agreed to all the legal documentation required to be an Affiliate of TravelJolly.com Inc., participating in the Affiliate Program, displays and promotes TravelJolly.com Inc also DBA TravelJolly Prime its products and Services and/or promotions on its website, or other means, using an affiliate tracking code or TravelJolly Prime issued unique identifier in exchange for receiving a commission from TravelJolly Prime for sales directly resulting from such display.

“Affiliate Site” – The Affiliate’s website, social sites, email, widgets, apps and places in general which displays TravelJolly Prime’s Products and Services and/or promotions. “TravelJolly Prime’s Products and Services” – Web related products and services that are available for purchase from TravelJolly Prime. “Commission Fees” “Credits” – The amount you will be paid for each Qualified Purchase by a Referred Customer that you refer to TravelJolly Prime subject to the Commission Threshold and pursuant to the terms of this Agreement. “Commission Threshold” – The amount of Commission Fees an Affiliate must accrue prior to receiving a payment from TravelJolly Prime. “Qualified Purchase” – A sale of TravelJolly Prime Products and Services by TravelJolly Prime, with a term of twelve (12) months or longer, to a Referred Customer that is not excluded under “Referred Customer” – Each new and unique customer referred from Affiliate through a Link (as defined in this document) that provides valid account and billing information. “Registration Form” – Any and all order forms or other signup or acceptance form submitted by a customer to register to become a member, affiliate, promotor and or purchaser of TravelJolly Prime’s Products and Services.

Enrollment in the Affiliate & Referral Programs

The enrollment process is completed when you Register for your Booking Engine Gift Card Sponsored by TravelJolly Prime which also duplicates as the TravelJolly Prime Affiliate & Referral Program Signup Forms.

We will MAY evaluate your application in good faith and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine (in our sole discretion) for any reason, that we determine may violate, our Acceptable Use Policy.

If we reject your application, for any reason, TravelJolly Prime, in its sole discretion, reserves the right to notify or to not notify any prospective affiliate of their rejection or removal from the Affiliate Program at any time.

Promotion of Our Affiliate Relationship

Use of Links. If you qualify and agree to participate as an Affiliate, we will make a variety of graphic and textual content images and links available to you (each referred to herein as a “Link” or collectively, as the “Links”). The Links will serve to identify you as a member of the Affiliate Program and will establish links for your website, places where TravelJolly Primes content, referral content may exist either online or offline inclusive of TravelJolly.com Inc., website(s). You agree to cooperate fully with us in order to establish and maintain such Links. You further agree that your use of the Links must be in compliance with this Agreement at all times. TravelJolly Prime may modify the Links from time to time in its sole discretion. You will not use graphic or textual images (indicating a Link) or text messages to promote TravelJolly Prime that are not approved in advance by TravelJolly Prime. All Affiliate Sites shall display the Links prominently in relevant sections. Furthermore, you agree not to use cookie stuffing techniques that set the affiliate tracking cookie without the Referred Customer’s knowledge (e.g. iframe). Any information with respect to TravelJolly Prime that is going to be displayed on the Affiliate Site must be preapproved by TravelJolly Prime in writing.

Discounts, Coupons and TravelJolly Prime Booking Engine Gift Cards.

You are not allowed to post any refunds, credits or discounts on the TravelJolly Prime Products and Services, or other content concerning TravelJolly Prime without TravelJolly Prime’s prior written consent in each instance. Affiliates may only use coupons and discounts that are provided exclusively through the Affiliate Program using banners and links. Each Link connecting users of the Affiliate Site to the pertinent area of the TravelJolly Prime website will in no way alter the look, feel, or functionality of the TravelJolly Prime website. Any violations of the terms surrounding links, coupons, refunds, credits or discounts shall constitute a material breach of this Agreement, and may result in your termination from the Affiliate Program or the withholding of Commission Fees

FTC Endorsement Compliance

It is the intent of TravelJolly Prime to treat all of our customers fairly. Accordingly, we require all TravelJolly Prime Affiliates to comply with applicable laws, regulations and guidelines concerning advertising and marketing, including without limitation, the Federal Trade Commission (FTC) Endorsement Guides, which require that material connections between advertisers and endorsers be disclosed. This means that all Affiliate Sites (e.g. directories, review/rating websites, blogs, and other websites) and any email or collateral that provide an endorsement or assessment of TravelJolly Prime’s Products and Services must prominently disclose the fact that you receive compensation for Referred Customers.

For more information and suggestions about how to comply with these guidelines, please visit our page entitled “Affiliate Disclosure Requirements and Examples.” Please note that this page is only intended to provide guidance. It does not purport to provide legal advice and it does not guarantee that you’ll be in compliance with FTC regulations should you follow the suggestions presented. You are advised to seek and obtain your own legal advice on how these rules apply to your website or other promotional activities for which you receive compensation.

TravelJolly Prime reserves the right to withhold Commission Fees and cancel the affiliate relationship with you should we determine, at our sole discretion, that you are not in compliance with the previously mentioned guide or other FTC regulations or guides that we deem relevant.

Data Security

In addition to the obligations set forth within (FTC Endorsement Compliance), and as an Affiliate of TravelJolly.com Inc. you are required to comply with all applicable data protection laws regarding the transmission of data exported to or from the United States or the country in which Affiliate resides, including without limitation, the General Data Protection Regulation 2016/679 of European Parliament and of the Council of 27 April 2016 (the “GDPR”). Affiliate, as a controller under the GDPR, shall also implement appropriate technical measures to ensure a level of security appropriate to the risk, taking into account the nature, scope, context, and purpose of processing any personal data. Affiliate agrees to promptly assist TravelJolly Prime in complying with any data subject rights request under the GDPR that TravelJolly Prime may receive from any individuals referred to TravelJolly Prime by Affiliate. Affiliate further agrees to promptly assist TravelJolly Prime in complying with any duties to cooperate with supervisory authorities under the GDPR.

Order Processing

TravelJolly Prime will process orders placed by Referred Customers who capture or follow the Links from an Affiliates placed, shared, on and offline content, sites to TravelJolly Prime resources that result in purchases. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfillment, including TravelJolly Prime’s services, cancellation, processing, refunds and payment processing will be our responsibility. We will track the Qualified Purchases generated by your Affiliate Unique Identifier, Shared, Placed Content and or Sites and will make the amount of sales purchase information available to you through our website. To permit accurate tracking, reporting, and commission accrual, you must ensure that the Links between your website and our website are properly formatted.

Commission Determination; Qualified Purchases

Commissions will be calculated based on the commission rates stated on the TravelJolly Prime Membership/Affiliate Dashboard website for each Qualified Purchase (as defined herein) subject to commission accruing pursuant to Section 8 below. A “Qualified Purchase” does NOT include the following:

A purchase by a Referred Customer that has transferred from any TravelJolly Prime partners or subsidiaries.

A purchase by a Referred Customer who is also associated with any TravelJolly Prime reseller, referral, or other program.

A purchase by a Referred Customer that is not up to date on its payments or is subject to a refund, referral, or other program.

A purchase that was completed prior to the Affiliate joining the Affiliate Program or was not tracked properly through an Affiliate Link.

A purchase by a Referred Customer that has not been in good standing for a period of at least thirty (30) days or is in violation of TravelJolly Prime’s Terms of ServiceAcceptable Use Policy, or other applicable policies at the time the Commission Fees accrue.

A purchase that TravelJolly Prime suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same customer, or the referral of accounts that do not comply with this Agreement.

A purchase referred by an Affiliate that has an excessive cancellation rate as determined in TravelJolly Prime’s sole discretion.

A purchase by a Referred Customer if the Referred Customer was offered or received coupons, refunds, credits or discounts from the Affiliate.

A purchase by a Referred Customer if the Affiliate or Referred Customer is in or is promoting a business-opportunity program, as determined by us in our sole discretion.

A purchase by a Referred Customer who received a popup with a discounted offer, while leaving TravelJolly Prime’s website during their purchase.

A purchase by a Referred Customer engaging in “Speculation,” which is determined by the identification of two (2) accounts with the same Referred Customer’s name, email address, or other identifying characteristic as determined by TravelJolly Prime and/or the identification of two (2) or more accounts that have no content on their websites or have similar content, templates or formatting, as determined by TravelJolly Prime, in our sole discretion.

TravelJolly Prime reserves the right to withhold payment of initial Commissions Fees to Affiliates who are new to the Affiliate Program, or who have commissions that are potentially fraudulent as determined by TravelJolly Prime in its sole discretion, to determine the legitimacy and cancellation rates of Referred Customers.

TravelJolly Prime reserves the right to suspend the payment of Commission Fees at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms of this Agreement by the Affiliate or a Referred Customer. TravelJolly Prime reserves the right to deduct from Affiliate’s current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, and cancelled purchases.

TravelJolly Prime reserves the right to immediately cancel or withhold for later review any Commission Fee that fails to meet the criteria of a “Qualified Purchase.” Affiliate is responsible for monitoring the payment, denial, and withholding of Commission Fees; TravelJolly Prime is not obligated to actively notify Affiliates of the status of Commission Fees. If Affiliate has a question about a Commission Fee that has been cancelled or withheld, Affiliate has thirty (30) days from the day the payment would have been due to contact TravelJolly Prime to request that the Commission Fee be paid. Any changes to decisions about cancelled or withheld Commission Fees are strictly made in TravelJolly Prime’s sole discretion.

Commissions for any Referred Customer who is associated with any TravelJolly Prime reseller, referral or other program may not be considered a Qualified Purchase. In other words, you may not receive double commissions or compensation.

In the event that the Referred Customers that are referred to TravelJolly Prime by an Affiliate are determined to have an excessive cancellation rate, as determined by TravelJolly Prime in its sole discretion, TravelJolly Prime reserves the right to withhold or decline pending and future Commission Fees to such Affiliate.

Any attempt by an Affiliate to manipulate, falsify or inflate Referred Customers, Qualified Purchases, or Commission Fees to intentionally defraud TravelJolly Prime or any violation of the terms of this Agreement constitutes immediate grounds for TravelJolly Prime to terminate the Affiliates participation in the Affiliate Program and will result in the forfeiture of any Commission Fees due to the Affiliate.

Accrual of Commissions

Commissions will accrue and only become payable once you (i) provide all relevant tax and address documentation pursuant to Section 9 below and (ii) reach the Commission Threshold of $50 based on the commission rates stated on the TravelJolly Prime website, solely as applied to Qualified Purchases which occurred within ninety (90) days of the end of the calendar month in which the first of such Qualified Purchases occurred. For example, if you provide sign-ups which result in one Qualified Purchase on January 1st and a second sign-up which leads to a Qualified Purchase on August 10th, and you provide all necessary tax documentation on August 10th, no commission would accrue because the second Qualified Purchase occurred more than one hundred and eighty (180) days after the end of January when the first Qualified Purchase occurred. However, if you subsequently provide a sign up which leads to another Qualified Purchase on September 5th of the same year, then commissions would accrue on the latter two Qualified Purchases (i.e., the Qualified Purchases from August and September of the same year). All Qualified Purchases still eligible to result in commissions under this Section 8 must remain active and in good standing pursuant to the terms of this Agreement in order to remain eligible for accrual of a commission. Once a commission has accrued under this Section 8, the amount of such commission (the “Commission Fee”) shall be due and payable to you under the terms of Section 9. TravelJolly Prime reserves the right to change the Commission Threshold by amending this Agreement and will notify you for any such amendment pursuant to the terms of this Agreement.

Commission Payments

Subject to the terms of this Agreement and the accrual of commissions as set forth in Section above, commissions will be calculated according to the specified percentage or dollar amount set forth in the commission or credit report in your Affiliate Dashboard for each Qualified Purchase that accrues during the period for which such commission fee is being calculated.

Commission Fees will be processed approximately fifteen (45) days from the date of the sale. TravelJolly Prime will only compensate you for Qualified Purchases made in accordance with this Agreement.

Commission Fees shall be paid based on the current information in your Affiliate profile. You are required to notify us promptly of any change in your address by updating your profile information in the Affiliate Dashboard. You are responsible for informing TravelJolly Prime of your desired payment form/type. You can update or change your desired payment method at any time by updating your affiliate profile located in the affiliate console. Any changes to your desired payment method may take up to two payout cycles to take effect.

You may choose to receive Commission Fees through PayPal, ACH, check or hosting credit, subject to the following conditions: PayPal Payments: Please refer to PayPal’s policy to ensure you are eligible to receive payment if you reside outside of the United States https://www.paypal.com/cgi-bin/webscr?cmd=_display-approved-signup-countries-outside. (PayPal payments will only be reissued within one hundred and twenty (120) days of the original issue date in the case of an incorrect PayPal address or refusal from PayPal to accept a payment.)

ACH: TravelJolly Prime offers an ACH transfer option to those who earn over $1,500.00 in Affiliate Commission Fees over a ninety (90) day period.

TravelJolly Prime is not responsible for paying any third-party fees charged by PayPal or ACH in order for you to receive Affiliate Commission Fees.

TravelJolly Prime, in its sole discretion, reserves the right to modify the available commission payment methods or payment schedule at any time. Such changes shall take effect when posted.

Disputes: Affiliate has access to TravelJolly Prime’s real-time Affiliate Program statistics and agrees to file any disputes within Thirty (30) days after the end of the month in which the sale or event that is disputed occurred. Disputes filed after thirty (30) days of the date on which the disputed sale or event occurred will not be accepted by TravelJolly Prime and Affiliate forfeits forever any rights to a potential claim.

It is solely your responsibility to provide TravelJolly Prime with accurate tax and payment information that is necessary to issue a Commission Fee to you. If TravelJolly Prime does not receive the necessary tax or payment information within ninety (90) days of a Qualified Purchase which would otherwise trigger Commission Fees, the applicable commissions shall not accrue, and no Commission Fees will be owed with respect to such Qualified Purchase.

Each Affiliate is required to submit a W8/W9 tax form before any Commission Fees shall accrue. You are responsible for the payment of all taxes related to the commissions you receive under this Agreement. In compliance with U.S. tax laws, TravelJolly Prime will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable threshold.

Any address change must be made in the Affiliate profile in the affiliate console at least fifteen (15) business days prior to the end of the calendar month in order for Commission Fees for that month to be processed

Reports of Qualified Purchases

You may log into your Registered Member/Affiliate dashboard to review your credits through and potential Qualified Purchases statistics on a daily basis. The potential Qualified Purchases shown in this report have not been reviewed to confirm they meet all criteria for Qualified Purchases. As such, Commission Fees may not be issued for all Referred Customers that appear in the affiliate console.

TravelJolly Prime Responsibilities

We will provide all of the information, images, referral links and code with your unique identifier, and all that is necessary for you to make links to place your Unique Booking Engine Gift Cards and referral links to be used throughout the online and offline world. TravelJolly Prime will be solely responsible for order processing (including payment processing, cancellations, and refunds) for orders for TravelJolly Prime Products and Services placed by a Referred Customer containing your unique Booking Engine Gift Card and PIN Number, for tracking the volume and amount of Qualified Purchases generated by you, we use this to provide information to our Affiliates regarding Qualified Purchase statistics. TravelJolly Prime will be solely responsible for all order processing, including but not limited to payment processing, cancellations, refunds and related TravelJolly Prime service.

Policies and Pricing

Referred Customers who buy TravelJolly Prime Products and Services through our affiliate network are deemed to be TravelJolly Prime Customers. TravelJolly Prime’s Terms and Conditions, rules, policies, and operating procedures will apply to such customers. We may change our policies, pricing, and operating procedures at any time. For example, TravelJolly Prime determines the prices to be charged for TravelJolly Prime Products and Services sold through the affiliate network in accordance with our own pricing policies. Prices and availability of TravelJolly Prime Products and Services may vary from time to time, from affiliate to affiliate, and from region to region. We will use commercially reasonable efforts to present accurate information on our website, but we cannot guarantee the availability or price of any particular TravelJolly Prime Product or Service.

E-mails and Publicity

You shall not create, publish, transmit or distribute, under any circumstances, any bulk email messages (also known as “SPAM”) without prior written consent from TravelJolly Prime, to be granted or denied in TravelJolly Prime’s sole discretion, in each instance. Additionally, you may only send emails containing a TravelJolly Prime affiliate link containing or leading to your Unique Booking Engine Gift Card and PIN Number and or a message regarding TravelJolly Prime or TravelJolly Prime’s Affiliate Program to people who have previously consented to receiving such communications from you. Your failure to abide by this Section 14, the CAN-SPAM Act of 2003, our Anti-Spam Policy, and all applicable laws relating to email communications, in any manner, will be deemed a material breach of this Agreement by you and will result in the forfeiture by you of any and all rights you may have to any commissions and the termination of your participation in the Affiliate Program. Further, if your account has excessive clicks in a very short period of time as determined by TravelJolly Prime in its sole discretion, the Affiliate relationship may be terminated.

Licenses and Use of TravelJolly Prime Logos and Trademarks

Subject to the limitations set forth above and otherwise in this Agreement, we grant you a non-exclusive, non-transferable, revocable license to (i) access our website through the Links solely in accordance with the terms of this Agreement and (ii) solely in connection with such Links, to use the TravelJolly Prime trademark and logo and similar identifying material provided by us (collectively, the “Licensed Materials”), for the sole purpose of selling TravelJolly Prime Products and Services as approved in advance by us. You may not alter, modify, or change the Licensed Materials in any way. You are only entitled to use the Licensed Materials while you are an Affiliate in good standing and in compliance with all of the terms of this Agreement.

You shall not use the Licensed Materials for any purposes other than promoting TJ Prime or freely supplying others with TravelJolly Prime Products and Services, without first submitting a sample to us and obtaining the express prior written consent of TravelJolly Prime in each instance. You shall not use the Licensed Materials in any manner that is disparaging or that otherwise portrays TravelJolly Prime, any member of TravelJolly Prime or any TravelJolly Prime employee or representative in a negative light. We reserve all of our rights in the Licensed Materials and your license to use such material is limited to the manner described herein. We may revoke your license at any time, by giving you written notice. If not previously revoked, this license shall immediately terminate upon the termination of your participation in the Affiliate Program.

You grant to us a non-exclusive license to utilize your name, title, trademarks, and logos (the “Affiliate Trademarks”) in any advertisement or other materials used to promote TravelJolly Prime and the Membership, Referral and Affiliate Programs, provided that TravelJolly Prime’s use of the Affiliate Trademarks is not required and is at its sole discretion. This license shall terminate upon the termination of your participation in the Affiliate Program.

Modification

We may modify this Agreement at any time in our sole discretion; provided that the change shall solely apply to events occurring after the date on which you accept and agree to such modifications unless you otherwise agree herein. Such modifications shall take effect when posted on our website. Modifications may include, but are not limited to, changes in the scope of available Commission Fees, commission amounts or percentages, payment procedures, Commission Fee payment schedules, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement, in which event you shall be entitled to your rights under the unmodified Agreement prior to the date of the applicable modification. Your continued participation in the Affiliate Program following our posting of any modification on our website will constitute binding acceptance of the change.

Relationship of Parties

You and TravelJolly Prime are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on any Site or otherwise, that contradicts anything in this section.

Representations and Warranties

You hereby represent and warrant to us as follows:

You have reviewed and understand this Agreement and agree to be bound by its terms.

Your acceptance of this Agreement and participation in the Affiliate Program will not violate (i) any provision of law, rule, or regulation to which you are subject, (ii) any order, judgment, or decree applicable to you or binding upon your assets or properties, (iii) any provision of your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties.

You are the sole and exclusive owner of the Affiliate Trademarks and have the power to grant to TravelJolly Prime the license to use such marks in the manner contemplated herein, and such grant will not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any third person or entity.

You are not required to obtain consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party in connection with your entrance into this Agreement

There is no pending or threatened claim, action, or proceeding against you, or any affiliate of yours with respect to the Affiliate Trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.

During the Term, you will not include in anything anywhere any content that is, in our opinion, unlawful, harmful, threatening, defamatory, obscene, harassing, racially, ethically, or otherwise objectionable or are in violation of our Terms and Conditions or Acceptable Use Policy.

You are at least eighteen (18) years of age.

Each Referred Customer is valid, genuine, and unique and meets the criteria of a Qualified Purchase for generating a Commission Fee as provided in this Agreement.

Limitation of Liability

WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

Confidentiality

Each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, TravelJolly Prime and vendor lists, and pricing and sales information, shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Agreement except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party any obligation of confidentiality to the discloser hereunder. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to a valid subpoena or order issued by any court or administrative agency of competent jurisdiction, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process including, without limitation, the Securities Exchange Act of 1933, as amended, and the rules and regulations promulgated thereunder, and the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder.

Independent Investigation

You understand that we may at any time (directly or indirectly) solicit TravelJolly Prime relationships on terms that may differ from those contained in this Agreement. We may also solicit relationships with entities that operate websites that are similar to or compete with your Affiliate Site. You have independently evaluated the desirability of participating in the TravelJolly Prime Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement

TravelJolly Prime Affiliate Agreement

DISCLAIMER OF ALL OTHER WARRANTIES. TRAVELJOLLY.COM INC., DOES NOT WARRANT THAT THE MARKETING SERVICES WILL MEET THE REGISTERED MEMBER’S/AFFILIATE’S EXPECTATIONS OR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH REGISTERED MEMBER/AFFILIATE. EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, TRAVELJOLLY.COM INC., PROVIDES ITS SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT (A) THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY EACH PARTY, AND (B) EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, PERFORMANCE OR INABILITY TO PERFORM UNDER THIS AGREEMENT, THE CONTENT, AND EACH PARTY’S COMPUTING AND DISTRIBUTION SYSTEM. IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS. LIMITED LIABILITY. IN NO EVENT SHALL TRAVELJOLLY.COM INC., BE LIABLE TO REGISTERED MEMBER/AFFILIATE FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, ARISING UNDER THIS AGREEMENT, LOSS OF DATA, OR ANY PERFORMANCE UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THERE SHALL BE NO REFUNDS. TRAVELJOLLY.COM INC., MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD-PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.

CONFIDENTIALITY

The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by the receiving party from a third party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process. The parties agree not to make each other’s Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party’s proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, TravelJoly.com Inc., and REGISTERED MEMBER/AFFILIATE acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period of three (3) years from the effective date.

FORCE MAJEURE

Neither party will be liable for or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.

RELATIONSHIP OF PARTIES

TravelJolly.com Inc., in rendering performance under this Agreement, shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership.

REGISTERED MEMBER/AFFILIATE does not undertake by this Agreement, the Form or otherwise to perform any obligation of TravelJolly.com Inc., whether by regulation or contract. In no way is TravelJolly.com Inc., to be construed as the agent or to be acting as the agent of REGISTERED MEMBER/AFFILIATE in any respect, any other provisions of this Agreement notwithstanding.

NOTICE AND PAYMENT. Any notice required to be given under this Agreement shall be in writing and delivered personally to the other designated party at the addresses listed in the Form mailed by certified, registered or Express mail, return receipt requested or by Federal Express. Either party may change its address to which notice, or payment is to be sent by written notice to the other under any provision of this paragraph.

JURISDICTION/DISPUTES

This Agreement shall be governed in accordance with the laws of the State of Florida. All disputes under this Agreement shall be resolved by litigation in the courts of the State of Florida including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.

AGREEMENT BINDING ON SUCCESSORS

The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.

ASSIGNABILITY

Customer may not assign this Agreement or the rights and obligations thereunder to any third party without the prior express written approval of TravelJolly.com Inc. TravelJolly.com Inc., reserves the right to assign subcontractors as needed.

WAIVER

No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.

SEVERABILITY

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

INTEGRATION

This Agreement constitutes the entire understanding of the Parties, and revokes and supersedes all prior agreements between the Parties and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents which may conflict with this Agreement.

NO INFERENCE AGAINST AUTHOR

No provision of this Agreement shall be interpreted against any Party because such Party or its legal representative drafted such provision.

DISPUTES. REGISTERED MEMBER/AFFILIATE and TravelJolly.com Inc. agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement through negotiation. Should the parties fail to resolve any such disagreement within ten (10) days, any controversy or claim arising out of or relating to this Agreement, including, without limitation, the interpretation or breach thereof, shall be submitted by either party to arbitration in Orange County, Florida and in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted by one arbitrator, who shall be (a) selected in the sole discretion of the American Arbitration Association administrator and (b) a licensed attorney with at least ten (10) years’ experience in the practice of law and at least five (5) years’ experience in the negotiation of technology contracts or litigation of technology disputes. The arbitrator shall have the power to enter any award that could be entered by a judge of the state courts of Florida sitting without a jury, and only such power, except that the arbitrator shall not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under the laws of the State of Florida or any other applicable law. The arbitrator must issue his or her resolution of any dispute within thirty (30) days of the date the dispute is submitted for arbitration. The written decision of the arbitrator shall be final and binding and enforceable in any court having jurisdiction over the parties and the subject matter of the arbitration. Notwithstanding the foregoing, this Section shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court.

READ AND UNDERSTOOD

Each Party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms and conditions.

DULY AUTHORIZED REPRESENTATIVE

Each Party warrants that their representative whose signature appears below is duly authorized by all necessary and appropriate corporate actions to execute this

Agreement.

Referral Program – Terms of Service

How It Works

During registration, you and your friend must provide your First Name, Last Name, your Email Address and your Personal Mobile Phone Number and you must also agree to all (TJ) TravelJolly.com Inc Privacy and Cookie Policy, Terms of Service Agreement, Affiliate and Referral Agreement as well as all other Legal Documents Associated with becoming a Registered Member of TravelJolly.com Inc. once this is completed you and your referral(s) become fully registered members of TravelJolly.com Inc. also DBA TravelJolly Prime and TJ Prime.

As an affiliate referring others to TravelJolly.com Inc. also (DBA) Doing Business as TravelJolly.com TravelJolly Prime and TJ Prime you earn revenue with the purchase of each Full Membership generated from those you referred to and be paid for those you refer to TravelJolly.com Inc.

The act of Registering the Booking Engine Gift Card you received and agreeing to the Privacy Policy, Cookie Policy, Terms of Service, Affiliate, Referral, Consent, Disclaimer Agreements and all other Associated Legal Documentation. You have been Issued your own personal Login Credentials to your personal TJ Affiliate Dashboard.

Access to your TJ Affiliate Dashboard provides, all your Reports, Activities, TJ Videos, Certifications, Badges, Marketing tools, TJ Training Courses, Sneak Previews to the 4 Pillars of how to make Money with TJ, Downloads and a host of ongoing greatness you will want to be a part of. Reach Out to us participate and let us do your marketing for you!

Your first act will be to download the TravelJolly Prime App at which time the TJ Prime App generates your personal Unique ID and places it on the Booking Engine Gift Cards you send to your circles of friends, Family and social contacts. You will want to share your Booking Engine Gift Card personally as a hand out, send it to all your contacts within the device you registered and place the Gift Cards throughout the online and offline world. The more you share your personal Gift Card the more you earn.

Simply use the TJ Prime app on your device/mobile phone and easily send your referral the Unique Booking Engine Gift Card Sponsored by TravelJolly.com that was issued to you. When your referral purchases a Full Membership to TravelJolly.com Inc. you earn a $50.00 commission.

For each Registered Member you referred to TravelJolly.com that becomes a Fully Licensed Member of TravelJolly.com Inc. using your Unique Booking Engine Gift Card is considered a sale.

Each sale is credited as a sale to your Affiliate Account and will be held for 31 days in good standing and at that point you will be eligible to be paid the $50.00 Commission upon request.

When a sale is credited to your account you will then need to pick an option of how to be paid.

Eligibility

This ability only applies to Registered TravelJolly Prime Members in good standing

Credits will only be issued if your Gift Card Number and PIN are collected at the time of sale.

Credits will be applied to you TJ Affiliate Account at the time a sale is completed if the sale remains a customer in good standing as being a Fully Licensed Member of TravelJolly.com Inc.

Purchases must remain in good standing for 31 days and commissions are paid out in 45 days.

This offer is not valid where prohibited by law, or in any jurisdiction whose laws materially affect the terms of this offer.

Program Terms

Referral credits must be for new Fully Licensed Memberships of TravelJolly.com Inc. sales.

Credits will not be applied retroactively.

TravelJolly Prime reserves the right to revoke credits for violations to its Terms of Service and Acceptable Use Policy, for fraud, refunds, cancellations and charge-backs or a substantial change in business circumstances.

Details of the program are subject to change without notice.

Credit Limits

No limit applies to the number of individual credits that can be rewarded for individual referrals.

When a Registered Member of TravelJolly.com Inc. provides a TravelJolly.com Booking Engine Gift Card and PIN that you shared/distributed/provided or made available to them and we collect the Unique Gift Card Number and PIN at the point of sale of the TravelJolly Sponsored Gift Card Number and PIN provided by you that in total exist of the approved Travel Jolly Sponsored Booking Engine Gift Card Image that contains the Unique Gift Card Number and PIN associated with your account. The Booking Engine Gift Card and the associated approved Text Message that you have directly published as content in a multitude of pre-approved ways such as but not limited to Text Message, email, Social Site or Website to them so that we can associate them with your Affiliate Account. TravelJolly Prime web

This file was last modified on July 3, 2018.

Contact Us If you have any questions about these Terms, please contact us at [email protected]