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Thank you for visiting Spirit Vacations Web site spiritvacations.com.
Participation in the Spirit Vacations Affiliate Program requires your acceptance of both the Web Site Terms of Use and the Affiliate Marketing Program Policies, Terms and Conditions.
WEB SITE TERMS OF USE
Your use of this site and our company information is subject to these Terms and Conditions, and by using our Web site, you agree to these Terms and Conditions. Spirit Vacations reserves the right to change these Terms and Conditions without notice.
Ownership of Company Information
Information concerning Spirit Airlines and Spirit Vacations and their services, including flight schedules, routes, fares, text, graphics, button icons, audio and video clips, digital downloads, data compilations (including Customer and Free Spirit information), logos and information regarding the status of Spirit Airline flights, etc. is referred to as "Company Information." Spirit Airlines owns all copyrights, trademarks, service marks, trade names related to the company information and the company information is proprietary to Spirit Airlines.
Terms and Conditions of Use
Spirit Vacations Web site spiritvacations.com and any company information are available to you only to learn about, evaluate, or purchase Spirit Vacations services and products. Unless you are an approved Spirit Vacations travel agent or participant in the Affiliate Marketing Program, you may use this site and any company information only for personal, non-commercial purposes. Except in connection with your authorized use of the Spirit Vacations Web site spiritvacations.com, you may not copy, modify, display, license, distribute, transmit, or download the company information without written consent from Spirit Vacations. Do not use this site to make any speculative or false reservation.
You may not use any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology which does the same things, to access, acquire, copy, or monitor any portion of the Spirit Vacations Web site spiritvacations.com or any company information. Any use of this site which results in the depletion of Web site infrastructural resources is not authorized. When you use the Spirit Vacations Web site spiritvacations.com or company information for an authorized purpose, you should include all proprietary notices without changing or hiding them.
As a condition of your use of the Spirit Vacations Web site spiritvacations.com, you promise and agree that you will not use these sites or company information for any purpose that is unlawful or prohibited by these Terms and Conditions.
AFFILIATE MARKETING PROGRAM POLICIES, TERMS & CONDITIONS
Program Description
Spirit Vacations offers affordable vacation packages to exciting destinations from New York City to Cancun, Mexico, from Dominican Republic to Las Vegas to Orlando. Customers can select Spirit Airlines flights and hotel accommodations from a variety of options. Customers save time and money, by adding to their vacation package rental car reservations, show tickets and attraction passes - all in one place, for one low price! Our vacation packages are customizable, convenient and affordable. All packages include 24-hour traveler assistance to ensure all expectations are met throughout the Customer’s vacation.
Each application and Web site must go through a rigorous application review process. Applications will be evaluated to determine affiliate partnerships that best fit with Spirit Vacations business model, marketing goals and objectives. The acceptance or decline of any applicant is at Spirit Vacations sole discretion for any reason. This includes applications for sites that contain explicit content that could be classified as defamatory, sexually explicit, violent, or do not in our discretion maintain a reasonable standard of performance or quality. All applicants will be notified of their acceptance or rejection.
Privacy and Security
Our Privacy Policy covers use of information collected on spiritvacations.com. You agree that you have read our Privacy Policy, and it is reasonable and acceptable to you. Your acceptance of these Terms is also your consent to the information practices in our Privacy Policy.
Search Engine Marketing Policy (SEM) Policy - Affiliates engaging in Search Engine Marketing to include Search Engine Optimization (SEO) and/or pay per click advertising (PPC) to promote Spirit Vacations are not authorized to utilize or bid on keywords incorporating the “Spirit Vacations” trade name (A.K.A. branded Terms) or any variation there of.
Affiliates are not allowed to use any outside technology to access, crawl, acquire, copy, "deep-link," “inline-link” or "page-scrape." This includes the use of "robots," "spiders" or other automated devices, programs, algorithms, methodologies or monitor any portion of the Spirit Vacations Web site spiritvacations.com. Affiliates domain names can not contain any variation of the words Spirit Vacations at any time, nor can the site resemble spiritvacations.com. Affiliates caught using outside technologies to compromise spiritvacations.com infrastructure and resources will be terminated from the program.
Title & Meta Tags - Affiliates are not authorized to utilize the Spirit Vacations trade name in their Web sites page titles or meta-tags (keywords, descriptions, etc.). Please see the “Recommended Keywords” section below for alternative suggestions.
Intellectual Property Rights
All material contained on the spiritvacations.com site, unless otherwise indicated, is protected by law including, but not limited to, copyright and trademark law, as well as other state, national, and international laws and regulations. User acknowledges that all right, title and interest in and to the Spirit Vacations Web site spiritvacations.com and any and all intellectual property rights associated therewith are exclusively owned by Spirit Vacations or Spirit Airlines. User will not contest the validity of any trademark or Spirit Vacations or Spirit Airlines exclusive ownership of it.
Any re-use on your Web site(s) of copyrighted images, logos and marketing text must include notices in the following form:
A. For marketing text: Copyright © year (e.g., 2009) Spirit Vacations. All Rights Reserved.
Changes
Any cosmetic or functional part of spiritvacations.com. may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you.
Promotion Codes – Affiliates are only authorized to advertise promotion codes that are posted on the Spirit Vacations Web site spiritvacations.com or within the Spirit Vacations advertiser area of the affiliate network, unless otherwise pre-approved in writing by the Spirit Vacations Affiliate Manager.
Keyword Bidding
Branded Terms which are off limits to Affiliates include, but are not limited to:
- Spirit Airlines
- Spirit Airlines
- Spirit Vacations
- Spirit AirlinesVacations
- Spirit AirlinesVacation Packages
- Spirit AirlinesVacations Deals
- Spirit AirlinesVegas Vacations
- Spirit Airlines Caribbean
- www.spiritvacations.com
- www.spirit.com
- www.Spiritair.com
Affiliates are not authorized to use the URL of Spirit Vacations or any variation thereof within their offline or online pay per click advertising. Affiliates can not utilize or bid on Terms, words or phrases that are similar to the Spirit Vacations trade name. This includes possible misspellings, abbreviations, Terms identical to restricted trade name but use the wrong case, and the merging of the restricted trade name with other Terms, words or phrases. Affiliates are required to use, as negative keywords, Spirit Vacations trademarked Terms in all online paid advertising (PPC, CPC, etc.).
Search Engine Links - Affiliates utilizing search engine marketing and/or pay per click campaigns are not authorized to link directly to the Spirit Vacations Web site through search engines. Links within search engines must direct visitors to the publisher's Web site, without redirects, and not to Spirit Vacations. Affiliates are only allowed to link and promote their own Web site/brand through search engines, not Spirit Vacations.
Web Site Links - This policy also covers the use of the "Spirit Vacations" trade name links provided by Spirit Vacations through Commission Junction. Approved Affiliates may use the links, ad banners, graphics, and logos provided via the Commission Junction interface. These creative materials provided by Spirit Vacations through Commission Junction may only be used within approved Affiliate Web sites, not within search engines or pay per click campaigns. Use of any other content from our Web site (spiritvacations.com) without prior written approval is strictly prohibited.
Spirit Vacations makes available the HTML code which provides special tagged links to the spiritvacations.com pages. These links include tracking codes which determine commission fees. As the Affiliate, you must ensure each of the links between your Web site and spiritvacations.com are tagged links. Spirit Vacations will not be responsible for lost commissions due to non-tagged link usage.
Recommended Keywords
DESTINATION EXAMPLES (i.e. "Caribbean Vacations", "CaribbeanGetaway", "Las Vegas Hotels", etc.):
- "Destination / Activity" Vacation(s)
- "Destination / Activity" Trip(s)
- "Destination / Activity" Travel
- "Destination / Activity" Getaway(s)
- "Destination / Activity" Resort(s)
- "Destination" Hotel(s)
ACTIVITY EXAMPLES (Can also substitute Vacation(s) with Trip(s), Travel, Getaway(s), etc.):
- Gaming/Casino Vacation(s)
- Spa Vacation(s)
- Family Vacation(s)
- Golf Vacation(s)
- Diving Vacation(s)
- Romantic Vacation(s)
- Cultural Vacation(s)
- Luxury Vacation(s)
- Adventure Vacation(s)
- Shopping Vacation(s)
- Sports Vacation(s)
- Weddings/Honeymoons
- All-Inclusive Vacations
Non-Compliant Affiliates
Spirit Vacations has the right to monitor your site at any time to ensure that the Web site Terms of Use and the Affiliate Marketing Program Policies, Terms and Conditions are being followed. If Spirit Vacations notifies the Affiliate of desired changes, the Affiliate must make changes immediately. Otherwise, Spirit Vacations reserves the right to terminate this agreement. Should this agreement be terminated you must immediately remove all links to spiritvacations.com from your Web site.
If an affiliate does not comply with any of the above Terms and Conditions the consequences are as follows:
- First Offense: Affiliate will receive notification from Spirit Vacations and will be given two weeks to comply.
- Second Offense: Affiliate will be removed from the program.
Disclaimers
User assumes the sole risk of making use of and/or relying on the information or services, made available by Spirit Vacations. Spirit Vacations makes no representations about the suitability, completeness, timeliness, reliability, or accuracy of the information or services described or provided by the Spirit Vacations Web site for any purpose. Spirit Vacations does not warrant that the Spirit Vacations Web site will meet all of the User’s requirements or that performance of the Spirit Vacations Web site will be uninterrupted or error-free including any errors or omissions in the results obtained through use of the Spirit Vacations Web site. All such information or services are provided “as is” without warranty of any kind, including all implied warranties and Conditions or merchantability, fitness for a particular purpose, title, and non-infringement.
Spirit Vacations may make modifications and/or changes to the Spirit Vacations Web site at any time, for any reason.
In no event shall Spirit Vacations be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Spirit Vacations Web site or with the delay or inability to use the Spirit Vacations Web site, or for any information or services offered or available (or not available) through the Spirit Vacations Web site, or otherwise arising out of the utilization of the Spirit Vacations Web site, whether based in contract, tort, strict liability, or otherwise, even if Spirit Vacations has been advised of the possibility of damages.
In the event that the foregoing limitations are not enforceable, Spirit Vacations liability incurred in connection with this agreement shall not exceed the amount of payments received by Spirit Vacations from user.
Indemnification
User shall defend, hold harmless and indemnify Spirit Vacations for any damages awarded pursuant to any third party claim brought against Spirit Vacations and its affiliates and all of their directors, officers, employees, secondees, legal representatives, contractors, and agents (collectively Indemnified Parties), which would constitute a breach of any warranty, representation or covenant made by User under this Agreement; provided that the Indemnified Parties notifies User in writing of any such claim and tenders the control of the defense and settlement of any such claim to User at User’s expense and with User’s choice of counsel. The Indemnified Parties shall cooperate with User, at User’s expense, in defending or settling such claim. User will not enter into any settlement or compromise of any such claim without the Indemnified Parties’ prior consent, which shall not be unreasonably withheld.
Governing Law
This Agreement has been made in and will be construed and enforced in accordance with Wisconsin law. Any action will be brought in the courts of Milwaukee, Wisconsin, and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts.
Waiver
Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Spirit Vacations of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
Severability
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
Relationship Between the Parties
No joint venture, partnership, employment, franchise, or agency relationship exists between User and Spirit Vacations as a result of this Agreement or User’s utilization of the Spirit Vacations Web site.
Entire Agreement
This agreement represents the entire agreement between User and Spirit Vacations with respect the use of the Spirit Vacations Web site. Any rights not expressly granted herein are reserved.
Assignment
User may not assign its rights or delegate its obligations under this Agreement without Spirit Vacations prior written consent.
Notices
Any notice or other communication hereunder shall be in writing and shall be deemed given and effective (i) when delivered personally, or by overnight express, or (ii) five (5) business days after the postmark date if mailed by certified or registered mail, postage prepaid, return receipt requested, addressed to a party as follows, or to such other address as such party may designate by written notice to the other party in accordance with the provisions of this section.
If to Company, the notice shall be addressed to:
Spirit Vacations
8907 North Port Washington Road
Milwaukee, Wisconsin 53217
Attention: General Counsel
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