Globus family of brands Group Travel

Group Vacation Webpage Terms & Conditions

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The purpose of this Agreement is to allow cobranding opportunities between you (Partner) and the Globus family of brands (Globus) web site. To begin the application process to join the Group Vacation Webpage Program and participate in cobranding and access to the Globus web sites, you must read and agree to the terms of the Group Vacation Webpage Program Agreement below. After you have accepted the Agreement's terms and conditions, you will then have the opportunity to create Group Vacation Webpages. The Group Vacation Webpage Program Agreement will not be in effect until such time that your application is submitted online and you receive confirmation/approval from Globus that your request to create an account has been accepted.

GLOBUS FAMILY OF BRAND GROUP VACATION WEBPAGE PROGRAM AGREEMENT

This Group Vacations Webpage Program Agreement (this "Agreement") is made between Group Voyagers, Inc., dba the Globus family of brands ("Globus") and the Travel Partner ("Participant") indicated in the Application submitted to and accepted by Globus (" Application"). This Agreement will become effective upon Globus' transmission of an email to Participant confirming acceptance of Participant's Application. This Agreement states Participant's rights and obligations with respect to Participant's participation in the Group Vacation Webpage Program.

BY CLICKING "YES — I AGREE TO THE TERMS AND CONDITIONS" OF THIS AGREEMENT, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU ARE LEGALLY BOUND BY SUCH TERMS AND CONDITIONS.

1. Service Marks and Domain Names

Participant acknowledges and agrees that Globus and associated domain names, addresses are service marks and domain names exclusively owned by Globus and/or its licensors. Participant acknowledges the ownership, validity, uniqueness, and value of such service marks and domain names, that all rights therein and goodwill attached thereto belong exclusively to Globus and/or its licensors, and that all use of such marks and domain names will inure exclusively to the benefit of Globus and/or its licensors.

Participant shall not, at any time, contest the title or any intellectual property or other rights as to the service marks or domain names, and shall not take any action which would injure the image or reputation of Globus or its licensors or any of such service marks, domain names, addresses or products of Globus and/or its licensors. Participant shall provide written notice to Globus in the event Participant becomes aware of any alleged infringements or imitations by others of such marks or names with the same or confusingly similar marks or domain names.

Participant agrees that Participant's domain name and any other business names or service or trademarks of Participant do not and will not contain the words "Globus, Cosmos, Monograms, Avalon Waterways, Globus Faith-Based Travel, Globus Family Travel, Group Voyagers, Inc." or any variations thereof or names similar thereto.

2. Portal/Landing Page web site Usage

Only one Account/Portal web site can be created per unique email address and the Participant's account has to be approved by Globus. Multiple accounts and web sites associated to the same Participate will be suspended, only one web site permitted per partner. Data and information submitted by users from Participant's web site will be emailed to the Participant and not saved by Globus. Web analytics and statistics will be kept by Globus for use to maintain and manage all Participants and web sites. Data submitted, used, tracked and maintained via the Portal or the web site is not using a SSL security layer for data submission as not transactional/ecommerce is being conducted on the web site.

3. Copyright Laws

Participant agrees to comply with all applicable copyright, intellectual property, and other laws that pertain to Participant's site. Participant must have express permission to use any person's copyrighted material, whether text, an image, photo or graphic, or any other copyrightable work. Globus is not responsible for Participant's use of another person's copyrighted material in violation of the law. All content on the web site is copyrighted, with the exception to customizable areas provided by the Participant (logo, contact information, company information and marketing language). It is the responsibility of the Participant to make sure all information is correct and accurate.

4. Promotion and Publicity Material

Participant agrees to promote and further the sales of Participant and Globus through the Program. Participant may not create, publish, distribute, or permit any written or electronically transmitted publicity material that makes reference to Globus or Globus products without first submitting the material to Globus for approval and receiving prior written consent from Globus. Participant will only use the web site to promote Globus, Cosmos and Avalon Waterways vacations. Usage of the web site is limited and no other brands or companies can be listed other than the Participant's information. It is the responsibility of the Participant to make sure all information is correct and accurate, including any and all customized areas, e.g. contact information, booking instructions, notes, details, pricing, etc.). And, for any vacations marketed via a web site that includes airfare, it's the Participant's responsibility to include all applicable taxes and fees.

5. Legal Information

After the acceptance of the Application and the web site is active. Web site Terms, Conditions and Privacy Policies for users will be in effect and will also apply to the Participant.

6. Changes to Agreement

This Agreement may be modified by Globus at any time, provided that Globus provides notice to Participant by posting a link to such changes on the Globus site. Participant may also be notified by fax, email or mail of such changes. Participant's continued participation in the Avalon Waterways Cobrand Program following the posting of the change notice on the Globus site will constitute Participant's agreement to such changes.

7. Representations and Warranties

Participant represents and warrants that (1) the person entering into this Agreement on Participant's behalf, is an adult of at least 18 years of age and has the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform Participant obligations under this Agreement, without the approval or consent of any other party; (2) this Agreement has been duly and validly executed and delivered by Participant and constitutes Participant's legal, valid, and binding obligation, enforceable against Participant in accordance with its terms; and (3) Participant has sufficient right, title, and interest in and to the rights granted to Globus in this Agreement.

8. Disclaimer

THE GLOBUS SITE IS PROVIDED BY GLOBUS ON AN "AS IS" BASIS. GLOBUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED AS PART OF THE SITE. PARTICPANT EXPRESSLY AGREES THAT PARTICIPANT'S USE OF THE SITE IS AT ITS OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GLOBUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. GLOBUS DOES NOT WARRANT THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM GLOBUS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT IS THE RESPONSIBILITY OF PARTICIPANT TO TAKE PRECAUTIONS AGAINST VIRUSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE. GLOBUS ASSUMES NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, FROM VIRUSES OR OTHER HARMFUL CODE) RESULTING FROM (A) PARTICPANT'S USE OF THE SITE, ANY MATERIAL, DATA, TEXT, IMAGES, VIDEO OR AUDIO DOWNLOADED FROM THE SITE, OR ANY ELECTRONIC COMMUNICATION BETWEEN GLOBUS AND PARTICIPANT,OR (B) ANY THIRD PARTY'S UNAUTHORIZED ACCESS TO THE SITE OR ANY PASSWORDS, DATA, ACCOUNT OR OTHER INFORMATION OBTAINED THROUGH THE SITE.

9. Changes to Site

GLOBUS RESERVES THE RIGHT TO ALTER THE CONTENT OF THE SITE OR TO SUSPEND OR CANCEL OPERATION OF THE SITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION TO PARTICIPANT, AND IS NOT LIABLE IN ANY WAY FOR ANY ERRORS THAT MAY APPEAR ON THE SITE OR FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. GLOBUS IS NOT RESPONSIBLE IF CONTENT IS NOT ACCURATE.

10. Limitations of Liability

GLOBUS WILL NOT BE LIABLE TO PARTICIPANT WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF PARTICIPANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT WILL GLOBUS' LIABILITY TO Participant ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED $100.

11. Indemnification

Participant shall indemnify and hold harmless Globus, its licensors and affiliates, and their respective employees, agents, shareholders, directors, officers, representatives, successors and assigns, from and against any and all damages, liabilities, claims, settlements, interest, reasonable attorneys' fees, costs, and expenses, arising or resulting directly or indirectly from (a) Participant's use of or access to Globus's online booking engine, the Globus website, or the Program, (b) Participant's breach of its representations, warranties, or covenants in this Agreement, (c) any transaction or dispute between Participant and a customer, and (d) any material provided by Participant to Globus or otherwise infringing upon any copyright, patent, trademark, trade secret or other intellectual property or proprietary right of any third party. This indemnification shall include costs of all actions by Globus against Participant to enforce this Agreement.

12. Termination

Either party may terminate this Agreement immediately, with or without cause. An account and/or a web site or webpage can be suspended at any time, with or without cause.

13. Notices

All notices and other communications to either party shall be submitted in writing, and shall be deemed to have been fully given and received (1) when personally delivered; (2) when transmitted by facsimile transmission; (3) one (1) day after being deposited with an overnight delivery service, delivery fees prepaid; (4) when sent via email, or (5) two (2) days following mailing by registered or certified mail, postage prepaid, with return receipt requested, addressed as follows:

Group Voyagers, Inc.
Attn: Groups Department
5301 South Federal Circle
Littleton, CO 80123

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