Affiliate Program Agreement

Read the agreement and click the link at the bottom of the page to accept.

This Agreement contains the terms and conditions that apply to an individual or entity’s participation in the gobostoncard.com Online Affiliate Program. As used in this Agreement, "we" means Smart Destinations, Inc. dba Go Boston Card, and "you" means the participant. Gobostoncard.com reserves the right to accept or reject any company requesting to be part of our Affiliate Program.

Linking
We will provide you with the procedures and links to use in linking to our site. To ensure accurate tracking, reporting and commission accrual, we will provide you with special tagged link formats to be used in all links between your site and our site. You must make sure these links are properly utilized. We will not be held liable for any failure by you to use the Go Visitor Card links.

Use of Materials
We grant you permission to use the graphic images and text solely for the purpose of identifying your site as a Program participant and to assist in generating sales. We reserve all rights to any graphics, images, and text, and to our trade name and trademark.

Commissions
We will pay commissions on orders that are placed on a click through from your site. Commissions will only be paid after an order is fully processed and paid. You will earn $6 on all referral sales of the total qualifying revenue, which excludes costs for shipping, handling, returns, and bad debt. Any customer-returned products will be deducted from the next check.

We will pay your commission on a monthly basis. Within approximately 45 days following the end of each month, we will send you a check for the commission earned on the products purchased during the preceding month. If the commission payable to you for any month is less than fifty U.S. dollars ($50.00), we will hold those commissions until such time as your commission earned equals at least fifty U.S. dollars ($50.00). Smart Destinations, Inc. also retains the right to review all commissions for possible fraud

Order Processing, Policies and Pricing
We will be responsible for all aspects of order processing and fulfillment. We reserve the right to reject any order that does not comply with our requirements. Customers who purchase products through this Program will be deemed to be customers of Smart Destinations, Inc. All rules, policies, customer service, and product sales will apply to those customers. We may change our policies and procedures at anytime and prices and availability may vary.

Terms of the Agreement
We may modify any of the terms and conditions of this Agreement, at any time by providing you a written change notice or new agreement. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following our provision of a change or new Agreement will constitute acceptance of the change.

Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. If this Agreement is terminated, you will immediately cease use of, and remove from your site, all links to our site, and all Smart Destination, Inc. trademarks, trade dress, logos, and all other materials provided by or on behalf of us to you in connection with the Program. All commissions earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We may hold your final payment for a reasonable time to ensure the correct amount is paid.

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. Furthermore, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under this Agreement.

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, noninfringement, 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. Neither party shall be liable to fulfill its obligations hereunder, or for delays in performance, due to causes beyond its reasonable control, including, but not limited to, acts of God, acts or omissions of civil or military authority, fires, strikes, floods, epidemics, riots, or acts of war.

Miscellaneous
This Agreement will be governed by the laws of the United States and the Commonwealth of Massachusetts. Any action relating to this Agreement must be brought in the federal or state courts located in Boston, Massachusetts, and you consent irrevocably 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 be enforceable against the parties and their respective successors and assigns. 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 provision or any other provision of this Agreement.

I have read and agree to the terms of the Affiliate Agreement.

©2006 Smart Destinations, Inc.
85 Merrimac Street, Suite 300, Boston, MA 02114
617-671-1001,