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This Affiliate Agreement (“Agreement”) is entered into between Spicy Vacations LLC (“Spicy Vacations”) and the individual or business participating in the Spicy Vacations Affiliate Program (“Affiliate”).
The purpose of the Affiliate Program is to reward Affiliates for introducing new clients to Spicy Vacations while protecting the relationships established by Spicy Vacations, its agents, and other Affiliates.
The Affiliate Program is a referral and marketing program and is not intended solely as a means for Affiliates to receive a discount or rebate on their own personal travel.
By participating in the Affiliate Program, Affiliate agrees to the following terms.
Affiliate will earn a commission equal to 10% of the eligible cabin fare for qualifying bookings attributed to Affiliate.
Commission is calculated on the cruise fare actually eligible for commission and excludes taxes, government fees, port fees, gratuities, insurance, airfare, hotels, transfers, excursions, onboard purchases, and other non-commissionable charges or fees.
Commission is based on the final eligible cruise fare after discounts, credits, adjustments, cancellations, or other changes to the reservation.
No commission is earned on amounts refunded to the client.
Affiliate commissions apply only to new clients introduced to Spicy Vacations by Affiliate, except for the Affiliate’s own cabin as specifically provided in Section 6.
A “new client” is a person who has not previously booked travel through Spicy Vacations and is not already an established client of Spicy Vacations, another Spicy Vacations Affiliate, or a Spicy Vacations agent.
Existing Spicy Vacations clients cannot be reassigned to an Affiliate for commission purposes.
The Affiliate Program is intended to generate new business for Spicy Vacations, not to transfer existing clients between Affiliates or agents.
Once a new client makes their first qualifying booking through an Affiliate, that client becomes the Affiliate’s established client for purposes of the Spicy Vacations Affiliate Program.
Once your client, always your client, as long as you remain an active Affiliate in good standing.
While Affiliate remains in good standing, Affiliate will continue to receive applicable commissions for qualifying future Spicy Vacations bookings made by clients originally attributed to Affiliate, even if those clients subsequently contact or book directly with Spicy Vacations.
A client cannot subsequently be claimed by another Affiliate or agent simply because the client clicked another affiliate link, contacted another Affiliate, or booked another Spicy Vacations cruise.
Spicy Vacations’ records will determine the Affiliate associated with each client.
To remain an active Affiliate in good standing, Affiliate must generate at least one qualifying new booking during each calendar year.
For purposes of this requirement, a calendar year runs from January 1 through December 31.
The annual booking does not need to come from every individual client previously referred by Affiliate. One qualifying booking during the calendar year is sufficient to maintain the Affiliate’s active status and preserve Affiliate’s existing client relationships.
If Affiliate does not generate at least one qualifying booking during a calendar year:
Affiliate may be considered inactive and no longer in good standing;
Affiliate may lose the right to receive commissions on future bookings made by clients previously attributed to Affiliate;
Those clients may revert to Spicy Vacations and may thereafter be treated as Spicy Vacations clients for commission and attribution purposes;
Affiliate will have no continuing claim to commissions generated by those clients after Affiliate becomes inactive; and
Affiliate may be required to reapply to the Spicy Vacations Affiliate Program before becoming eligible to earn commissions on future referrals.
Reapproval is not automatic and will be at the discretion of Spicy Vacations.
If a former Affiliate is subsequently approved to participate in the program again, previously referred clients do not automatically return to that Affiliate. The Affiliate will generally begin again with new clients referred after reapproval unless Spicy Vacations specifically determines otherwise.
Loss of active status does not eliminate commissions that were legitimately earned before Affiliate became inactive.
When reasonable, Spicy Vacations may associate spouses, partners, or travelers booking together with the Affiliate responsible for introducing that client relationship.
Affiliate credit is intended to follow the genuine client relationship rather than simply whichever referral link was clicked most recently.
Spicy Vacations reserves the right to determine client attribution when circumstances are unclear.
Affiliates may not knowingly solicit, redirect, claim, or attempt to take credit for clients who are already established clients of:
Spicy Vacations;
Another Spicy Vacations Affiliate; or
A Spicy Vacations agent.
Affiliates may advertise publicly and promote Spicy Vacations generally. This provision does not prohibit normal marketing that happens to be seen by an existing client.
However, knowingly attempting to move an established client from another Affiliate or agent for the purpose of receiving commission may result in loss of commission and/or termination from the Affiliate Program.
The Spicy Vacations Affiliate Program is designed to reward Affiliates for actively promoting Spicy Vacations and bringing new clients to the company. It is not intended to function solely as a personal travel discount program.
An Affiliate may book their own cruise through Spicy Vacations. However, the Affiliate will not receive commission on their own cabin unless the Affiliate also generates at least one additional qualifying cabin on that same sailing.
The additional cabin must:
Be booked by a qualifying new client under this Agreement;
Be attributable to the Affiliate;
Be a separate cabin from the Affiliate’s own cabin;
Remain active, fully paid, and actually sail; and
Otherwise qualify for Affiliate commission under this Agreement.
Once the Affiliate has generated at least one qualifying additional cabin on the same sailing, the Affiliate’s personal cabin will also be eligible for the standard 10% commission on the eligible cabin fare, excluding taxes, fees, and other non-commissionable amounts.
A spouse, partner, household member, friend, or other person sharing the Affiliate’s cabin does not constitute an additional cabin and does not satisfy this requirement.
Affiliate arrangements intended primarily to circumvent this requirement, including Affiliates referring each other solely to obtain commissions or discounts on their personal travel, are not permitted.
Spicy Vacations reserves the right to determine whether a booking represents a legitimate referral and whether the requirements for commission on an Affiliate’s personal cabin have been satisfied.
Spicy Vacations may provide Affiliate with a unique referral link, affiliate ID, landing page, booking link, or other tracking method.
Affiliate should encourage referred clients to use the Affiliate’s designated link or otherwise identify Affiliate when making an inquiry or booking.
Tracking technology is a convenience and does not override an established client relationship.
If an established Affiliate client accidentally books through another link or directly through Spicy Vacations, Spicy Vacations may credit the booking to the Affiliate associated with that client in its records, provided Affiliate remains active and in good standing.
If more than one Affiliate or agent claims the same new client, Spicy Vacations will determine attribution based on available records, which may include referral links, inquiry dates, communications, booking records, and other evidence showing who originally introduced the client to Spicy Vacations.
Spicy Vacations’ determination regarding client attribution and commission eligibility will be final.
Affiliates are expected to bring attribution questions to Spicy Vacations rather than contacting or pressuring clients regarding commission disputes.
Commission is earned only after:
The booking has been properly attributed to Affiliate;
The client has paid the required cruise fare;
The client completes the applicable cruise; and
Spicy Vacations receives the applicable commission from the cruise line or travel supplier.
Affiliate commissions will be paid after Spicy Vacations receives the corresponding commission from the travel supplier.
No advance commission is owed by Spicy Vacations.
If a booking is canceled, refunded, charged back, or otherwise becomes non-commissionable, no Affiliate commission will be due.
If Spicy Vacations has already paid Affiliate commission on an amount subsequently reversed or recalled by the travel supplier, Spicy Vacations may deduct that amount from future Affiliate payments.
An Affiliate who generates 16 qualifying cabins booked on the same specific Spicy Vacations cruise will earn one complimentary balcony cabin on that cruise.
The 16 cabins must:
Be attributable to Affiliate;
Be qualifying bookings under this Agreement;
Be booked on the same specific sailing;
Not be booked using Virgin Voyages’ discounted “Lock It In Rate” or any equivalent discounted, non-qualifying fare;
Remain active and paid as required by the cruise line; and
Actually sail.
Cabins booked using a Lock It In Rate do not count toward the 16-cabin requirement for the complimentary balcony cabin, even if the Affiliate otherwise earns commission on that booking.
Once the Affiliate satisfies the requirements of Section 6 by generating at least one additional qualifying cabin on the sailing, the Affiliate’s own cabin may count as one of the 16 qualifying cabins, provided the Affiliate’s cabin otherwise meets the requirements of this Section.
Cabins from different cruises cannot be combined toward the 16-cabin requirement.
The complimentary cabin reward applies to a standard balcony cabin for up to two occupants, subject to availability and the terms imposed by the cruise line.
Unless specifically stated otherwise in writing by Spicy Vacations, the complimentary cabin does not include taxes, government fees, port fees, gratuities, transportation, airfare, insurance, onboard expenses, or other incidental charges.
The Affiliate is responsible for any such charges.
If fewer than 16 qualifying cabins ultimately sail because of cancellations, changes, conversion to a Lock It In Rate, or other circumstances that make a cabin ineligible, the free cabin reward may be forfeited.
The free cabin reward has no cash value and cannot be exchanged for additional commission unless Spicy Vacations agrees otherwise in writing.
Affiliate will continue to receive the standard 10% commission on qualifying cabins used to reach the 16-cabin threshold.
The complimentary balcony cabin is an additional incentive and does not replace the Affiliate’s otherwise earned commission.
No commission is paid on the complimentary cabin itself.
If a client cancels and subsequently rebooks the same or another Spicy Vacations cruise, the client’s established Affiliate relationship remains in effect, provided Affiliate remains active and in good standing.
Canceling and rebooking does not create a new referral or allow another Affiliate to claim the client.
Bookings canceled before sailing do not count toward the 16-cabin reward.
Affiliate is an independent promoter of Spicy Vacations and is not an employee, partner, owner, or legal representative of Spicy Vacations.
Affiliate may not:
Make guarantees on behalf of Spicy Vacations;
Enter into contracts on behalf of Spicy Vacations;
Alter Spicy Vacations pricing or policies;
Promise discounts, upgrades, amenities, refunds, commissions, or benefits not authorized by Spicy Vacations;
Misrepresent the nature of a Spicy Vacations event or cruise; or
Present themselves as an owner or employee of Spicy Vacations unless separately authorized to do so.
Affiliate agrees to market Spicy Vacations honestly and professionally.
Spicy Vacations may provide Affiliate with approved logos, photographs, graphics, links, descriptions, or other promotional materials.
Spicy Vacations retains ownership of its trademarks, branding, logos, website content, and other intellectual property.
Participation in the Affiliate Program grants Affiliate a limited, revocable right to use approved Spicy Vacations branding solely for promoting Spicy Vacations.
Affiliate may not create advertising or marketing that is misleading, deceptive, illegal, or damaging to the Spicy Vacations brand.
Affiliate is an independent contractor and is responsible for their own business expenses, taxes, reporting obligations, licenses, insurance, and other legal requirements applicable to their activities.
Nothing in this Agreement creates an employer-employee relationship, partnership, joint venture, franchise, or agency relationship between Affiliate and Spicy Vacations.
Affiliate has no authority to bind Spicy Vacations to any agreement or obligation.
Either party may terminate participation in the Affiliate Program at any time.
Spicy Vacations may immediately terminate an Affiliate for fraud, client poaching, self-referral abuse, misrepresentation, abuse of the Affiliate Program, conduct harmful to Spicy Vacations or its clients, violation of this Agreement, or other serious misconduct.
Termination does not eliminate commissions already legitimately earned before termination.
Unless otherwise agreed in writing, Affiliate will not earn commissions on new bookings made after termination.
Upon termination or loss of active status, Affiliate’s previously attributed clients may revert to Spicy Vacations as provided in Section 3.
Spicy Vacations may modify the Affiliate Program, including commission rates, incentives, qualification requirements, and program rules.
Changes will apply prospectively after notice is provided to Affiliate and will not reduce commissions already earned under the terms in effect when those commissions were earned.
Affiliate agrees to protect confidential or non-public information received through participation in the Affiliate Program, including client contact information, booking information, pricing information not publicly available, and internal Spicy Vacations business information.
Client information may be used only for legitimate purposes related to the Affiliate’s relationship with Spicy Vacations and may not be sold, transferred, or used for unrelated marketing without appropriate authorization.
Affiliate is responsible for complying with applicable advertising, marketing, privacy, consumer protection, and disclosure laws.
Affiliate must clearly disclose their Affiliate relationship when required by applicable law or regulation.
Spicy Vacations acts as a travel agency and is not responsible for the acts, omissions, schedule changes, cancellations, policies, or operations of cruise lines or other independent travel suppliers.
Nothing in this Agreement authorizes Affiliate to make representations or guarantees regarding matters controlled by a cruise line or other supplier.
This Agreement represents the understanding between Spicy Vacations and Affiliate regarding participation in the Affiliate Program and supersedes prior verbal or written discussions regarding Affiliate commissions and incentives.
Any exception or modification applicable to a particular Affiliate must be approved in writing by Spicy Vacations.
This Agreement will be governed by the laws of the State of Washington, without regard to conflict-of-law principles.
