SEARCH.TRAVEL
ADVERTISING AGREEMENT
The following terms and conditions shall be deemed to be incorporated into the attached insertion order (the “Insertion Order”):
1. ACCEPTANCE OF TERMS THROUGH PURCHASE
By clicking I agree to this Advertising Agreement (Agreement), you, the person signifying agreement (you or Customer) agree to these terms and conditions for purchase of advertising, including but not limited to sponsorships of destinations (Destination Sponsorships), banner advertising (Banners), or listing advertising (Listings) (collectively Advertising) directly or via special auction events . If you do not agree to this Agreement please do not use this Site, purchase advertising and do not click I agree. Please check this Agreement periodically for changes as the owner of this Site (Site), Tralliance Corp. (Company), reserves the right to revise this Agreement and your login to your account or purchase of new Advertising constitutes your agreement to such terms. The Company reserves the right to terminate a Customers use of this Site at any time without notice for any breach of this Agreement; in such event, Customer will not be entitled to a refund. Technical, pricing and advertising or placement specifications on the Site at the time of purchase supersede this Agreement to the degree there is any conflict or additional terms and such are incorporated herein by reference.
2. YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this Site, he or she must first email the Company with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, or are accessing this Site from any country where material on this Site is prohibited or illegal, please leave now as you do not have permission to access this Site.
3. CONSENT TO RECEIVE ELECTRONIC RECORDS
By purchasing Advertising, you signify your express consent to receive information from Company in electronic format. You will need a computer with browser and Internet access to receive such electronic records. Electronic records may include terms and conditions, agreements, privacy policies, notices, information about services and products you might find of interest, advertising program updates and other items.
4. THE ADVERTISING PROGRAM
The following advertising (all advertising offerings and pricing subject to change at any time) may be available:
Listings: Listings as result of purchasing .travel domain names may include titles, text, display URLs, linked URLs, quick link alt tag with Customer information, and/or .travel authenticated logo, as well as thumbnail reproductions of your site. Page placement and order of display is determined by user search terms entered and the information you entered into your .travel profile.
Banner, Cube Advertising or the like: Banners and the like may include graphic advertising in compliance with our content and technical requirements, term of advertising, and pricing levels; and banners and the like may be displayed exclusively on one destination page or in rotation, or in connection with search terms, depending on availability, what you have purchased and our offerings at that time. Page placement, Banner order, and the like, unless otherwise expressly specified at the time of purchase, are at the Companys sole discretion.
Destination Sponsorship: Destination Sponsorships may include control of the main banner at the top of the screen, appearance on the Microsoft Map.
For the purposes of this section, 
does not mean that Company endorses, recommends or sponsors Advertising or advertisers, but it means that Company has authenticated the registrant of the .travel domain name in accordance with ICANN guidelines, that .travel domain names are only sold to people, organizations, associations, and private, governmental and non-governmental agencies in the travel and tourism industry, for example: Airlines, Attractions/Theme Parks, Bed & Breakfast Houses, Bus/Taxi/Limousine Operators; Camp Facility Operators; Vehicle Rental Companies/Airport Specialty Car Park Companies; Computer Reservation/Travel Technology Provider; Convention & Visitor's Bureaus; Cruise Lines; Ferries; Hotels/Resorts/Casinos; National Tourism Offices; Passenger Rail Lines; Restaurants; Tour Operators; Travel Agents; Travel Media; Travel Consumer and Market Research Organizations; Travel Insurance; Travel Training Institutes.
Customer is solely responsible for all: (a) Advertising keywords, content, text, display URL, landing page URL, graphics and any other materials included in Advertising, including but not limited to errors, typos, misinformation, graphical errors, etc., whether generated by or for Customer; and (b) web sites, services and landing pages which links or directs viewers to, and advertised services and products. Company may send Customer an email notifying Customer it must edit Advertising to conform with content or technical policies and may remove, or not display Advertising until it conforms to these requirements. Customer agrees that all placements of Advertising will conclusively be deemed to have been approved by Customer unless Customer contacts Company within 72 hours of Advertising going live. If applicable, Customer must provide Company with all relevant content by the due date set forth or as otherwise communicated by Company. Customer grants Company permission to utilize an automated software program to retrieve and analyze websites to which users are directed or associated with the Advertising for Advertising quality and serving purposes. Company may modify any of its Advertising programs at any time without liability, and Company and Partners may reject Advertising at their sole discretion at any time.
Customer represents and warrants that it holds and hereby grants Company and Partners all rights (including without limitation any copyright, trademark, patent, publicity or other rights) in Advertising needed for Company and Partners to effect this Agreement and Advertising (including without limitation any rights needed to host, cache, route, transmit, store, copy, modify, distribute, perform, display, reformat, excerpt, analyze, and create algorithms from and derivative works of Advertising) in connection with this Agreement.
5. THIRD PARTY SITES AND ADVERTISING PARTNERS
The Company may work with third parties, including but not limited to helping to facilitate purchase of Advertising, which may include, but are not limited to, Pay Pal, eBay, Ask.com, Microsoft, ad networks, business partners or others (Partners). Customer understands and agrees that Advertising may be placed on any content or property owned by Company, and any other content or property provided by a third party upon which Company places Advertising. Customer authorizes and consents to all such placements and understands that Partners or Company may remove Advertising at any time. Partner and these other sites are not under the control of the Company, are not monitored or reviewed by the Company, and the Company is not aware of the contents, efficiency, or any matters regarding such sites. You acknowledge that the Company is not responsible for the accuracy, compliance, legality, decency, or any other aspect of the services, products, contents or any transmissions received through such sites. The Company, its advertisers or licensors do not endorse or sponsor such sites. You agree that the Company has no liability whatsoever from such third party sites and usage of them. Use of such systems is subject to their terms and conditions and you agree to comply with them as a condition to purchasing Advertising. In the case of conflict between terms, this Agreement will supersede.
6. CANCELLATION
Customer may cancel advertising through Customer's account if online cancellation functionality is available, or, if not available, with prior written notice to Company via electronic mail with confirmation from Company of receipt. Advertising that is cancelled online will cease serving in a reasonable time after cancellation. The cancellation of all other advertising may be subject to policies or Company's ability to re-schedule reserved inventory or cancel Advertising already in production. Cancelled Advertising may be published despite cancellation if cancellation of Advertising occurs after any applicable commitment date, as set forth in advance by the Partner or Company, in which case Customer must pay for those Advertising. Company may cancel immediately any IO, any of its programs, or this Agreement at any time with notice, in which case Customer will be responsible for any Advertising already run. Company may suspend or terminate this Agreement or Customers use immediately upon receipt of any notice which alleges that Customer has used this Site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Company may disclose the Customers identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company will not be liable for damages or results thereof and Customer agrees not to bring any action or claim against Company for such disclosure. Sections 1, 2,5,9,12,13 and 18 shall survive all termination of this Agreement.
7. SECURITY
You are responsible for maintaining the confidentiality of your Customer Account and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Customer Account, including, but not limited to, any purchases.
Customer represents and warrants that (a) it is authorized to act on behalf of, agree to all terms herein on behalf of, and has bound to this Agreement any third party who receives the benefit of Advertising ("Principal"), (b) as between Principal and Customer, the Principal owns any rights to information in connection with those Advertising, and (c) Customer and Principal are jointly and severally liable for all payments and liabilities as a result of this Agreement and/or Advertising. Customer will protect any Customer passwords and takes full responsibility for Customer's own, and third party, use of any Customer accounts. Failure of any Principal to pay any Customer does not relieve Customer from its obligations to pay hereunder.
You agree that you will not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, contents or materials in relation to the Site or any Partners Site. You understand that such actions may subject you to serious civil and criminal legal penalties and that Company will pursue such penalties to the full extent of the law, and in equity, in order to protect our rights and the rights of our Partners and other affiliates and business relations.
8. LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, the Company hereby grants you a non-exclusive, non-transferable limited license to use this Site and purchase Advertising in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this Site. You agree not to make any false or fraudulent statements in your use of or to gain access to this Site. You acknowledge and agree that all content and services available on this Site are property of the Company and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors.
9. LICENSE RESTRICTIONS
Use
Except as may be explicitly permitted through this Site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, impersonate, edit, or create derivative works from materials, code or content, in whole or in part, on or from this Site. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory, or emailing, spamming, spimming, viruses, or the like, without written permission from the Company is prohibited. In addition, use of the content or materials on the Site for any purpose not expressly permitted in this Agreement is prohibited.
Examples of Prohibited Uses and Advertising
Company reserves the right to investigate and take appropriate legal action against anyone who, in the Companys sole discretion, violates this Agreement or the law. By way of example, prohibited activities include, but are not limited to use of the Site or placement of Advertising or other materials that knowingly or unknowingly, directly or indirectly, include, facilitate, use, sell or promote products or services that are, or facilitate: generation of automated, fraudulent or otherwise invalid impressions, inquiries, conversions, clicks or other actions that could affect Advertising; criminal or illegal activities; child pornography or obscene or illegal sexual or adult content; passing drug tests illegally such as drug cleansing shakes and urine test additives; violence, or advocating against any person based on race, ethnic origin, color of skin, national origin, religion, disability, gender, sexual preference, age, political stance or orientation, or veteran status; automated ad clicking products and services; products or services that aid email or messaging in violation of the law; infringement of the rights of any third party including but not limited to copyright, trademark, trade name, individuals name, privacy, publicity, patent or moral rights; gray market or counterfeit goods, replicas, imitations; gift incentive marketing programs; direction of users to sites that promote the creation or data entry of other advertising directing users to the same site; drug or drug paraphernalia; committing, fraud or misrepresentation, such as fake IDs, passports, social security cards, immigration papers, homework, diplomas, noble titles; fireworks or pyrotechnic devices; gambling, including but not limited to casinos, betting, lotteries, bingo, poker, tips, odds, handicapping; hacking, cracking, illegal reverse engineering, access unlocking, decrypting, descrambling, circumventing or tampering with security, firewalls, software, hardware, technology, now known or hereafter devised; prescription drugs unless preapproved by Company in writing; or scams or unauthorized use or collection of personal or financial information; unauthorized automated or non-automated use of this Site or the Advertising interface, to collect information, solicit, alter rankings, placement, advertising, listing, banners or anything else; interfering with, disrupting, or creating an undue burden on this Site or Companys networks or services.
International Users
Accessing this Site, and services, products or contents available on this Site, and Advertising placed through this Site, to or from places where its services, products or contents, or receipt or distribution of Advertising are illegal, is prohibited. Those who choose to access this Site, or receive or distribute Advertising to or from other locations, do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws as well as all United States laws and regulations. None of the information on this Site may be downloaded, exported or reexported into Libya, Iraq, North Korea, Cuba, the National Union for the Total Independence of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia, the Taliban, Sierra Leone, Liberia, designated Terrorists and international Narcotics Traffickers, Foreign Terrorist Organizations, and/or designated foreign persons who have engaged in activities related to the proliferation of weapons of mass destruction or any other country with restrictions imposed by the U.S. Government. By using this Site or purchasing Advertising, you agree that you are not a citizen of or a resident in any of these countries. You agree that you will comply with all applicable export and import control laws and regulations in your use of this Site, or materials or services received through this Site, and, in particular, you will not export or re-export anything on or received through this Site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
Government Use.
If you are a branch or agency of the U.S. Government, the following provision applies. This Site, code, contents, services and accompanying documentation are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright laws of the United States.
10. COPYRIGHT INFRINGEMENT
If you believe that something on this Site infringes a copyright owned by you, please provide us with written notification to:
Tralliance Corporation
Attn: President
110 East Broward Blvd,
Suite 1400
Fort Lauderdale, FL 33301.
To be effective, the notification must include the following:
• Contact information and a physical or electronic signature of a person (Complaining Party) authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;
• Information reasonably sufficient to permit the Company to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
11. TRADEMARKS
The Companys, advertisers, business partners, licensors or other third party materials, services or products referenced on this site are common law or registered trade marks or service marks of such parties.
12. DISCLAIMER OF WARRANTIES
THE COMPANY, ITS PARTNERS, ADVERTISERS OTHER THAN CUSTOMER, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ADVERTISING, THIS SITE, THE SUITABILITY OF THE INFORMATION OR ADVERTISING CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. ALL INFORMATION, ADVERTISING AND USE OF THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS OTHER THAN CUSTOMER AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION AND ADVERTISING CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES, ADVERTISING OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT WILL COMPANYS LIABILITY TO CUSTOMERS, AGENCIES, ANY PARTY RECEIVING THE BENEFIT OF A CAMPAIGN, CONSUMERS OR ANY OTHER THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR SERVICES, DATA, SEARCH RESULTS, AND/OR ADVERTISING, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, AND EXPRESSLY INCLUSIVE OF ANY AND ALL COMPANY INDEMNIFICATION OBLIGATIONS HEREUNDER, EXCEED THE AMOUNT RECEIVED FROM CUSTOMER UNDER THIS AGREEMENT DURING THE THREE MONTH PERIOD PRIOR TO THE DATE OF WRITTEN NOTICE OF THE CLAIM OR DISPUTE. COMPANY EXPRESSLY DOES NOT WARRANT OR GUARANTEE ANY RESULTS OF ADVERTISING, SERVICES, DATA, AND/OR CAMPAIGNS WHATSOEVER, INCLUDING BUT NOT LIMITED TO: ITS ABILITY TO CONTROL THE PACE, RATE OR RANKING OF ANY ADVERTISING; WHAT ACTIONS, LEADS, CLICKS, IMPRESSIONS AND/OR DATA ARE GENERATED OR DIRECTED; ABILITY TO SUPPLY A MINIMUM OR BELOW A MAXIMUM NUMBER OF ACTIONS, LEADS, CLICKS, IMPRESSIONS, DATA, OR CLICK-THROUGHS; THAT INCREASING THE PRICE OF ADVERTISING, ACTIONS, LEADS, CLICKS, IMPRESSIONS, DATA WILL RESULT IN INCREASED VOLUME OR ANYTHING ELSE; THAT ANY METHOD OR MEANS OF PERFORMING SERVICES OR DISPLAYING OR CREATING ADVERTISING, WILL OR WILL NOT BE USED OR EFFECTIVE; THAT ANY PARTICULAR USERS ARE TARGETED; THAT ANY PARTICULAR NUMBER OF HITS OR UNIQUE VISITORS WILL VISIT THE SITE OR SEE THE ADVERTISING; THAT ANY PARTICULAR EFFORTS WILL BE MADE TO INCREASE TRAFFIC TO THE COMPANYS SITE OR DISPLAY OF ADVERTISING; THAT ADVERTISING, SERVICES, DATA, AND/OR CAMPAIGNS WILL RESULT IN QUALITY, VALID, OR CORRECT DATA, ACTIONS, LEADS, IMPRESSIONS, SALES OR OTHERWISE; AND THAT SERVICES, DATA, ACTIONS, LEADS, IMPRESSIONS, ADVERTISING WILL RESULT IN ANY CONVERSION RATE OR ANY FINANCIAL OUTCOME. THE COMPANY, ADVERTISERS OTHER THAN CUSTOMER, AND/OR ITS LICENSORS DO NOT WARRANT THAT THE ADVERTISING, CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CUSTOMERS USE OF THIS SITE AND PLACEMENT OF ADVERTISING IS SOLELY AT ITS RISK. CUSTOMER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
13. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS PARTNERS, ADVERTISERS OTHER THAN CUSTOMER AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE ADVERTISING, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, CUSTOMER, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY, CUSTOMER, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF CUSTOMERS JURISDICTION.
14. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its Partners, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this Site, or any services, information or products from this Site, any Advertising, or any violation of this Agreement. The Company reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses.
15. PARENTAL FILTERING DEVICES
In accordance with 47 U.S.C. Sec. 230(d), parents are notified that there are filtering devices which are commercially available that may assist parents in limiting access to material that is harmful to minors, such as www.netnanny.com, www.cyberpatrol.com, www.cybersitter.com.
16. CALIFORNIA CUSTOMER CONSUMER RIGHTS
In accordance with Cal. Civ. Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints at California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.
17. CHOICE OF LAW AND FORUM
This Site (excluding third party linked sites) is controlled by the Company from its offices within the State of Florida, U.S. of America. It can be access from all 50 states as well as from other countries around the world to the extent permitted by this Site. As each of these places has laws that may differ from Florida, by accessing this Site, both you and the Company agree that the statues and laws of the Florida will apply to any actions or claims arising out of or in relation to this Agreement or your use of this Site, without regard to conflicts of laws principles thereof. You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Broward county, Florida and any legal proceedings will be conducted in English. The Company makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement will not be governed by the United Nations Convention on Contracts for the Sale of Goods.
18. MISCELLANEOUS
This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and will not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof will not be affected, and this Agreement as much as possible under applicable law will continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision will be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. Customer will not assign or transfer this Agreement and any such transfer will be void. Technical, pricing and advertising or placement specifications on the Site at the time of purchase supersede this Agreement to the degree there is any conflict.
