Affiliate program policy

This abcautocars.com Operating Agreement for Affiliate Network.This abcautocars.com Operating Agreement for Affiliate Network, including all exhibits and attachments hereto and incorporated herein by reference (the “Agreement”), contains the complete terms and conditions that apply to a party’s participation as an affiliate in the Affiliate Network of abcautocars.com (the “Program”). As used in this Agreement, “we”, “us”, or “abcautocars.com” means ABC AUTOCARS, INC (and its parent company and related entities), and “you” means the applicant party. “Site” means a World Wide Web site and, depending on the context, refers either to the abcautocars.com Site or to the portion of the abcautocars.com Site that you will link to using Qualifying Links and Promo Code as defined in Section 2 of this Agreement.

1. Enrollment in the Program

You may submit a completed Program application to begin the enrollment process (“Application”). Submission of your Application to the abcautocars.com Affiliate Program implies acceptance to the terms set forth in this Agreement. We will evaluate your Application and notify you of your acceptance or rejection. We may reject your Application if, in our sole discretion, we determine for any reason that your website, Social Media Platforms is unsuitable for the Program.
Unsuitable websites, Social Media Platforms include, but are not limited to, those that:
• Promote sexually explicit material;
• Promote violence or hate toward any persons or groups;
• Promote illegal activities;
• Promote alcohol, tobacco, gambling/lottery in any way;
• Promote the use of pyramid, “ponzi”, or similar investment schemes;
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Contain, in our sole judgment, material that is defamatory, fraudulent, or harassing to us or any third party;
• Are known as “blogging sites”, defined for purposes of this Agreement as sites that contain only blogging and no other form of informational content;
• Include “abcautocars”, “abc-autocars” or variations or misspellings thereof in their domain names;
• Otherwise violate intellectual property rights of abcautocars.com, ABC AUTOCARS Stores or its suppliers;
• Disparage abcautocars.com, ABC AUTOCARS Stores, ABC AUTOCARS Stores affiliates, or their suppliers;
• Are under construction or not live at the time of Application;
• Do not clearly state an online privacy policy to its visitors;
Regardless of your acceptance in the Program, we may terminate this Agreement for any reason, at any time.
All decisions for acceptance into the Program will be made within our sole discretion.
If your Application is not accepted, you may reapply to the Program at any time;
As a member of the Affiliate Program, you grant abcautocars.com permission to distribute any email communication directly to you that abcautocars.com determines is necessary communication for you to receive in order to continue as a member of the Program, regardless of your choice to opt-out from certain communication.

2. Link & Promo code on Your Website, Social Media Platforms or Third Party Websites

Upon acceptance into the Program, we will make available to you Qualifying Link & Promo code that are subject to the terms and conditions of this Agreement. A “Promo code” is code offered by ABC AUTOCARS to you to generate a Referral Fee and to customers who can use it to receive a 5% off when buying services on website abcautoars.com. All Qualifying Link must link directly and exclusively to abcautocars.com. abcautocars.com must approve each and every website that links to our Site through a Qualifying Link. If you use a Qualifying Link to link a website to our Site without seeking explicit authorization, your continued use of that Qualifying Link shall be considered a breach of this Agreement. However, continued use of the Qualifying Link will nonetheless subject such websites to the Terms and Conditions of this Agreement.
The Promo code will serve to identify you as a member of the Program. You also agree that you will display on the website, Social Media Platforms containing the Qualifying Link & promo code only those logos, trade names, trademarks, graphic images and similar identifying material (“Licensed Materials”) that are provided by us, and you will substitute such images with any new materials provided by us from time to time throughout the term of this Agreement. A web widget that is pre-approved in writing by abcautocars.com for use on your website may be considered a Qualifying Link for purposes of this Agreement. Accordingly, web widgets are subject to all of the Terms and Conditions of this Agreement that apply to Qualifying Link.

Only valid Qualifying Link & Promo code will be tracked for purposes of determining Referral Fees that you may be eligible to receive on sales generated through your participation in the Program.

Only Qualifying Link & Promo code may be used to link a website to areas within our Site. You may link directly to abcautocars.com without use of a Qualifying Link. You may post as many Qualifying Link & Promo code as you like on a website, Social Media Platforms provided that you ensure that each website containing a Qualifying Link & Promo code posted by you meets the terms of this Agreement, including without limitation, that such website does not fall into the “unsuitable website” category described in Section 1, does not fall into the “prohibitions” set forth in Section 3, and you take responsibility for all websites on which you post a Qualifying Link in accordance with Section 10. The position, prominence and nature of links on a website, social media platform shall comply with any requirements specified in this Agreement but otherwise will be in your discretion.

You acknowledge that, by participating in the Program and posting a link to abcautocars.com (or any category page therein) on any website through use of a Qualifying Link & Promo code, we may receive information from or about visitors to such website or communications between such website and those visitors. Your participation in the Program constitutes your specific and unconditional consent to and authorization for our access to, receipt, storage, use, and disclosure of any and all such information, consistent with the policies and procedures set forth in our Privacy Policy located in the abcautocars.com Site.

3. Prohibitions

You understand and acknowledge that this Agreement is made between you and ABC AUTOCARS, INC and is solely for the purpose of allowing you to link to the abcutocars.com.

As a condition to your acceptance and participation in the Program, you agree to the following prohibitions:
A. General Prohibitions.
You may NOT:

•engineer any website containing a Qualifying Link in such a manner that pulls Internet traffic away from abcautocars.com;
•publish, link to, sell, otherwise distribute, or place a Qualifying Link on the in close proximity to any Objectionable Content
•attempt to modify or alter our Site in any way;
•make any representations, either express or implied, or create an appearance that a visitor to your website, social media platform is visiting our Site, e.g., “framing” or “wrapping” the Site in any manner without first obtaining in advance our express written permission. Such requests must be made in writing and sent through abcautocars.com
•”scrape” or “spider” the Site or any other websites for content (such as images, logos or text);
•display any material on a website containing a Qualifying Link which contains viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines;

4. “Objectionable Content”

means any material, including textual, audio or video material, which is offensive (including hate speech or violence against a particular group of people); contains any nudity, explicit violence or sexual material; contains depictions of violent or sexual acts; is defamatory to any group or individual; or promotes alcohol, tobacco, or gambling/lottery;

5. Referral Fees

We will pay you Referal Fees 20% per sale for the first-time customer. First-time customer is who purchase our services for the first time by using Promo code offered by ABC AUTOCARS to you and to customer who can use it to receive a 5% off when purchasing services on our website abcautoars.com.

Referral Fees will not be earned on services if:
•a customer has an accident;
•interior or mechanical damage caused by the customer;
•damage to another person or their property caused by the customer;
•physical damage to the ABC AUTOCARS vehicle caused by the customer;
•an accident caused by someone else or someone vandalizes or damages the ABC AUTOCARS car;
•the vehicle is involved in an incident, damaged, Act of God, stolen and/or lost;
•if customer fail to return the vehicle;
•if the vehicle is returned to any place other than the return location on the reservation or agreed upon with the ABC AUTOCARS.
•if customer misrepresent facts to the ABC AUTOCARS pertaining to booking, use, or operation of vehicle;
•if the vehicle’s interior components are stolen or damaged;
•if the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license, whose driver’s license becomes invalid during the reservation period, who has obtained the keys without permission of the ABC AUTOCARS, or who misrepresents or withholds facts to/from the ABC AUTOCARS material to the booking, use, or operation of vehicle;

Sale means the cost of the fully completed rental period with no price of:
•protection plans;
•booking fees;
•additional driver fees;
•young driver fees;
•any other fees;
•extras;
•additional miles;
•violation fees;
•delivery & return;

We will pay you Referral Fees for sales to third parties generated from our website only. For a product sale to generate a Referral Fee, the customer must:

•follow a Qualifying Link (abcautocars.com)
•purchase the service by using Promo code (in the format specified abcautocars.com) through our automated ordering system;
•remit full payment to us.

6. Policies and Pricing

Customers who buy products through this Program will be deemed to be customers of abcautocars.com without affecting their status as your customer. Accordingly, all abcautocars.com rules, policies, and operating procedures concerning customer orders, customer service, and sales will apply to those customers with respect to their transactions at abcautocars.com. We may change our policies and operating procedures at any time consistent with applicable laws. For example, we will determine the prices to be charged for services sold under this Program in accordance with our own pricing policies. Service prices and availability may vary from time to time. You may include current price information in your product descriptions only if such information is provided to you by abcautocars.com, provided that any price information must be accompanied with a statement on your website indicating to the user that in the event of any price difference between your website and abcautocars.com, the price listed on abcautocars.com will govern. We will use commercially reasonable efforts to present current and accurate information, but we cannot guarantee the availability or price of any particular service.

7. Limited License; Restrictions

We grant you a limited, nonexclusive, nontransferable, revocable right to use our Promo code in accordance with the terms of this Agreement and solely in connection with the Licensed Materials (as defined in Section 2), only as provided to you by us and solely for the purpose of identifying your website or Social Media Platforms as a Program participant and to assist in generating the sale of abcautocars.com services.
You acknowledge that this Agreement does not provide you with any intellectual property rights in the Licensed Materials other than the limited rights contained herein. We reserve all of our rights in the Licensed Materials and of our other proprietary rights. You may not sublicense, assign or transfer any such licenses for the use of the Licensed Materials, and any attempt at such sublicense, assignment or transfer is void. We may terminate your license to use the Licensed Materials for any reason at any time in our sole and absolute discretion. You agree to follow our Trademark Requirements in Section 18, as those may change from time to time. We may revoke your license at any time by giving you written notice.

8. Term of the Agreement

The term of this Agreement will begin upon our acceptance of your Application and will end when terminated by either party. You may terminate this Agreement at any time, with or without cause, by giving us (five) 5 days prior written notice of termination. We may terminate this Agreement immediately at any time, with or without cause, by giving you written notice of termination. Upon termination, all abcautocars.com related content and links shall be promptly removed from your website. You are only eligible to earn Referral Fees on sales occurring during the term, and fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. In the event overpayment is made by us, you agree to promptly remit such excess payment upon notification by us. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

7. Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our Site. We will also make commercially reasonable efforts to notify you of such changes prior to or upon implementation. Modifications may include, for example, changes in the scope of available Referral Fees, Referral Fee Schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE AND/OR SENDING YOU THE CHANGE NOTICE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

8. Relationship of Parties

You and we 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 your website or otherwise, that reasonably would contradict anything in this Section.

9. Indemnification

You acknowledge that by entering into and performing its obligations under this Agreement, we do not assume and should not be exposed to the business and operational risks associated with your business, or any aspects of the operation or content of your website(s). Accordingly, in addition to any other indemnification obligations contained in this Agreement, you shall protect, defend, hold harmless and indemnify us and our parent or related entities from and against any and all claims, actions, liabilities, losses, costs and expenses, even if such claims are groundless, fraudulent or false (including court costs and reasonable attorneys’ fees) incurred as a result of claims of customers or other third parties against us and our affiliates, licensors, suppliers, officers, directors, employees and agents arising from or connected with any of the content or activities of your website (including without limitation any activities or aspects thereof or commerce conducted thereon) or related business, or your misuse, unauthorized modification or unauthorized use of the services or materials provided by us hereunder.

10. Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the 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 Program will not exceed the total Referral Fees paid or payable to you under this Agreement.

11. Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors; however, we will make commercially reasonable efforts to correct errors or interruptions promptly.

12. Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATIONS, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

13. Miscellaneous

This Agreement will be governed by the laws of the United States, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts having jurisdiction and venue in or for Miami Dade County, Florida and you irrevocably consent to the jurisdiction of such courts. 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 enforceable against the parties and their respective successors and assigns. Our failure or agreement not to enforce your strict performance of any provision of this Agreement in a given instance will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

14. Publicity

You shall not create, publish, distribute, make or permit any public announcement of this Agreement or the relationship contemplated hereunder, (including, but not limited to, any press release, client list, screen shot, advertisement or any promotional material) without first submitting such material to us and receiving our written approval, which we may withhold in our sole discretion.

15. Confidentiality

Except as otherwise provided in this Agreement or with our prior written consent, you agree that all information including, without limitation, the terms of this Agreement, our business and financial information, our customer lists and purchase history, and our pricing and sales information, shall remain strictly confidential and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than you or your affiliates. Notwithstanding the foregoing, you may deliver a copy of any such information:
(a) pursuant to a subpoena issued by any court or administrative agency,
(b) to your accountants, attorneys, or other agents on a confidential basis, and
(c) otherwise as required by applicable law, rule, regulation or legal process, upon written notification to abcautocars.com.

16. Remedies to abcautocars.com

Violation of any of the terms or prohibitions contained in this Agreement may result in, among other things, (a) the immediate termination of this Agreement; (b) the withholding of Referral Fees due to you; or (c) the commencement of an action by abcautocars.com against you seeking, without limitation, injunctive relief, recovery of actual, statutory or punitive damages.

We have the right in our sole and absolute discretion to monitor your website, Social Media Platforms at any time and from time to time to determine if you are in compliance with the terms of this Agreement, and you agree to provide us with unrestricted access to your website, Social Media Platforms for such purpose.

17. Responsibility for Your Website, Social Media Platforms or a Third Party Website on which you place a Qualifying Link and Promo code (“Third Party Site”)

You will be solely responsible for the development, operation, and maintenance of your website Social Media Platforms and for all content that appears on your website. For example, you will be solely responsible for:

•the technical operation of your website, Social Media Platforms and all related equipment;
•creating and posting product descriptions on your website, Social Media Platforms or a Third Party Site and linking those descriptions to our Site;
•updating rental information, content and item descriptions (including, but not limited to, rental price and availability) within 24 hours of any update of such product information, content and/or item description at abcautocars.com;
•the accuracy, timeliness and appropriateness of content posted on your website, Social Media Platforms (including, among other things, all rentals-related materials);
•ensuring that materials posted on your website, Social Media Platforms or a Third Party Site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), or any term of this Agreement;
•monitoring your website content and Social Media Platforms content and the content of a Third Party Site to ensure your website or the Third Party Site does not publish, link to, sell or otherwise distribute Objectionable Content (as defined in Section 3);
•removing any Licensed Materials and Trademarks from your website, Social Media Platforms or a Third Party Site as soon as any Objectionable Content appears on the website
•notifying us and The Impact Radius Network of any Objectionable Content that appears or appeared on your website, Social Media Platforms or a Third Party Site at any time during your participation in the program, within six (6) hours of its appearance, even if you immediately removed the Objectionable Content per the requirements of this Agreement or for any other reason;
•ensuring that content posted on your website, Social Media Platforms or a Thrid Party Site is not libelous or otherwise illegal; and
•notifying us and The Impact Radius platform of any malfunctioning of the Qualifying Links or other problems with your participation in the Program in accordance with the terms of this Agreement.
•We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of your website, Social Media Platforms.

18. Trademark Requirements

These requirements apply to your use of abcautocars.com and other trademarks and service marks belonging to abcautocars.com USA, LLC, ABC AUTOCARS , Inc. or other related entities (the “Trademarks”) in content that has been approved by us.

•You may use the Trademarks only for purposes expressly authorized by us.
•You may not modify the Trademarks in any manner. For example, you may not change the proportion, color, or font of the Trademarks.
•You may not display the Trademarks in any manner that implies endorsement of your website or business by abcautocars.com outside of your involvement in the Program.
•You may not use the Trademarks to disparage abcautocars.com, its cars or services, or in a manner which, in our reasonable judgment, may diminish or otherwise damage our good will in the Trademarks.
•Each Trademark must appear by itself, with reasonable spacing (at least the height of the Trademark) between each side of the Trademark and any other graphic or textual image. You may place the abcautocars.com name or logo adjacent to competitive brands, subject to the requirements of this Agreement, including prohibitions against objectionable material and websites.
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