E-CONCIERGE AFFILIATE PROGRAM
Advanced Reservations Inc. (aRes Travel)
ELECTRONIC TICKETING & RESERVATION
SERVICES AGREEMENT
This ELECTRONIC ticketing & Reservation Services Agreement (“Agreement”) dated as of the Effective Date, is made and entered into by and between aRes and the Client identified in Table 1 below ("Client").
A. Engagement. Client hereby engages aRes to provide the Ticketing and Reservation Services (the “Services”), as specified in Exhibit A attached hereto and incorporated herein by reference (collectively, the “Ticketing and Reservation Services”). aRes and Client acknowledge that Client intends to offer the Services to Client’s customers (“End Users”). Client agrees to market the Services in accordance with the terms of this Agreement by making the Services available to Client guests. aRes warrants that the Services will be made available to Client no later than 30 days after the Effective Date (as specified below).
EXHIBIT A:
COMPENSATION MATRIX, PAYMENT SCHEDULE & IMPLEMENTATION COST
The following Compensation Matrix and Payment Schedule list the type of Reservation Service and corresponding Commission Percentage applicable to each Qualifying Sale transaction.
DEFINITIONS:
Applicable Charges - means: (i) any and all applicable amounts owed for domestic or foreign taxes, mandatory charges and surcharges (including port charges and airport facility charges), mandatory surcharges for gratuities, fuel increases, other surcharges, duties, shipping and handling, and credit card fees; (ii) any refunds, cancellations, rebates, cancellation fees, commissions, Commission Collection Fees; (iii) any and all applicable amounts not actually received by aRes Travel due to credit card fraud, bad debts or any other events; (iv) any applicable amount not actually received by aRes Travel due to credit certificates, coupons or similar discounts; and (v) any other amounts paid in connection with or which reduce the net proceeds received from commissionable sales.
Collected Commissions - means the amount of commissions or fees actually collected and received by aRes Travel from the respective Supplier for a Qualifying Sale, less all Applicable Charges.
Qualifying Sale - means the sale of a product or service to an End User made, via the Links provided through aRes Travel and within the scope of the Reservation Services contracted for by the Client hereunder, whether or not it is completed via the aRes Travel booking engine, either online or offline, and that is actually consumed by the End.
Reservations Service Online Bookings: Activity Ticket Reservation Service
COMMISSION
Percentage (%) Payable to Client per transaction for Consumed Reservations:
Approximately 20% of final adjusted revenues (excluding refunds and customer service reimbursements made in accordance with DTT management policies)
Commissions will be paid to the Client by Anaheim Resort Tickets and Tours, Inc. (DBA: Discount Tickets & Tours).
As of 10/1/25, Direct Deposit is the only payment method available. If the Client is not able to provide direct deposit information, commissions will be forfeited. However, Client may still use the affiliate link as goodwill to service their own clients and may participate in other non-monetary benefits of the program (ie, sales contests, drawings, attraction special events, and trainings).
Payments for a particular month will be made by the end of the following month when final adjusted revenues are received.
Note: An organization/employer’s policies always has precedence and may approve or deny any individual agent’s participation in the commission program as long as the individual is employed within that organization. Other benefit programs may be negotiated.
aRes STANDARD TERMS AND CONDITIONS OF SERVICE
SECTION 1 SERVICES - Client agrees, with the approval of aRes and subject to the terms and conditions of this Agreement, to promote the Services and receive the compensation as set forth in this Agreement.
1.1 Marketing of Services - Client will, at the earliest possible date after aRes verifies the correct functioning of the Services, begin marketing the Services to End Users. If Client fails to begin marketing by failing to promote the Services to End Users within 45 days of implementation, aRes reserves the right to terminate access to the Services pursuant to Section 8 of this Agreement.
1.2 Customer Service - aRes will be responsible for End User care and support issues related to the Services. Client will provide commercially reasonable cooperation, at aRes’ (or applicable third party customer service center’s) request, to facilitate such Client care and support.
SECTION 2 TERMS OF USE - Subject to the terms and conditions contained in this Agreement, and solely for purposes of providing Client with access to the Services to view, make or cancel reservations through a Web Page, aRes hereby grants Client a non-transferable, non-exclusive, limited, revocable right and license to access and use the Services. Client shall participate in the Services listed on Exhibit A. Furthermore, Client agrees to utilize the Services as its exclusive method of third-party ticket and reservation sales. aRes may update the Services from time to time. All reservations and ticket purchases are subject to acceptance by aRes in accordance with aRes policies then in effect. It is the responsibility of Client to explain these policies to all End Users prior to finalizing all sales.
2.1 No Refunds or Cancellations for Activity Ticketing – Client hereby acknowledges that all Activity Ticket sales are final and non-refundable. Client further warrants that this policy will be explained to all End Users prior to finalizing all sales. In the event that Client wishes to grant a refund under extenuating circumstances, Client must first contact aRes to determine whether such sale can be refunded. In the event that Client grants a refund prior to requesting a refund from aRes or in the event that aRes is unable to refund the sale, then Client and not aRes shall be responsible for the refunded amount.
SECTION 3 COMPENSATION - aRes will pay Client for all commissions earned through the Services as set forth in the attached Exhibit A and/or as available in real time via the aRes Extranet. Payments will be made monthly on one check. Client is solely responsible for the compensation of its staff for any sales commissions owed (if applicable).
SECTION 4 END USERS - Use of the Services by Client and End Users is governed by the posted privacy policy (“Privacy Policy”) and any applicable terms and conditions (including, for example, cancellation and refund policy) specific to the particular Reservation Service (collectively, the “T&C’s”).
SECTION 5 CONFIDENTIALITY - Each party hereby agrees to protect the other party’s confidential information that comes into its possession, from improper use and unauthorized disclosure to third parties, utilizing the same degree of care such party uses to protect its own confidential or proprietary information of like importance, but in any case using no less than a reasonable degree of care. Each Party further agrees to use the confidential information only for the purposes authorized in this Agreement and to not disclose the same to any third party, other than for such purposes.
SECTION 6 TERM - Unless terminated earlier in accordance with the provisions set forth in this Agreement, the term of this Agreement shall begin as of the Effective Date hereof and shall continue for a period of one (1) year. Upon expiration of such initial term, the term of this Agreement shall be automatically renewed for successive periods of one (1) year each, unless terminated by either party at least sixty (60) days before the end of the initial term or any successive renewal term thereafter.
SECTION 7 TERMINATION - aRes may terminate access to all or any portion of the Ticketing and Reservation Services immediately and without prior notice upon termination of any agreement with a major aRes Supplier provided that aRes will first attempt to source an alternative Supplier before terminating the Reservation Service. Furthermore, except as specifically provided below, either party may suspend or terminate this Agreement, or aRes may suspend or terminate access to all or any portion of the Ticketing and Reservation Services, immediately upon written notice to the other party, in the event that:
(a) Client has failed to begin to promote the Ticketing and Reservation Services to Client guests by a date that is forty-five (45) days after the Effective Date;
(b) Client has been inactive for 90 days;
(c) it is determined by aRes that aRes or the Ticketing and Reservation Services or Client violates any provision in Section 4 (End Users), or Section 5 (Confidentiality);
(c) Client knowingly violates any material provision in this Agreement or any credit card rules and policies delivered to Client by aRes, in which event aRes may terminate this Agreement; or
(d) Client uses or permits the use of the Interface, Retrieved Data, Databases or Ticketing and Reservation Services for any improper or illegal purpose or any purpose not authorized by this Agreement, in which event, aRes may terminate this Agreement.
SECTION 8 MATERIAL BREACH - In addition to the above provisions authorizing termination, either party will have the right to terminate this Agreement after a material breach of this Agreement by the other party that has not been cured thirty (30) days after the date that the breaching Party received written notice from the other party of the breach. Possible reasons for breach includes but is not limited to:
(e) Client notifies us of desire to terminate account at e-concierge@discountticketsandtours.com
(f) Client not longer works at the enrolled organization.
(g) Client email address become undeliverable and a new one is not submitted to Us.
(h) Client does not repoond to multiple outreach attempts (email, text, phone call messages).
(i) Client unsubscribes from our communiation correspondence: direct emails or our monthly Newsletter Updates.
(j) Client has a lack of sales over 6 month period.
SECTION 9 REPRESENTATION AND WARRANTIES - Each party represents and warrants that it (i) has the right, power and authority to enter into this Agreement and to perform all of its respective obligations under this Agreement, and (ii) that the performance of such obligations shall not conflict with or result in a breach of any agreement to which it is a party or is otherwise bound. Client further represents and warrants that it shall not make any representations or warranties to End Users about the Ticketing and Reservation Services, Retrieved Data, Databases, Link or Interface, other than those expressly authorized by aRes in writing.
SECTION 10 DISCLAIMER OF WARRANTIES - EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN, EACH PARTY MAKES NO, AND HEREBY EXPRESSLY DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS IN CONNECTION WITH THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR TITLE. EACH PARTY MAKES NO WARRANTY THAT THE TICKETING AND RESERVATION SERVICES, THE WEBSITE, THE LINK, THE WEB PAGES, OR THE DATABASES WILL BE CONTINUOUSLY AVAILABLE OR ERROR-FREE OR COMPLETELY SECURE, OR THAT ANY DEFECTS IN THE TICKETING AND TICKETING AND RESERVATION SERVICES, THE WEBSITE, THE LINK, THE WEB PAGES, OR DATABASES WILL BE CORRECTED.
SECTION 11 INDEMNIFICATION – Each party agrees to indemnify and hold the other party harmless from and against any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees and experts’ fees and expenses, resulting from such party’s: (a) breach of any representation and warranty expressly set forth in this Agreement. The indemnity obligations hereunder shall survive the termination of this Agreement for a period of two (2) years.
SECTION 12 LIMITATION OF LIABILITIES AND RISK OF INTERNET USAGE - EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS IN SECTION 12, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY NATURE, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST PROFITS, OR LOSS OF DATA OR USE, EVEN IF SUCH PARTY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF ANY PARTY AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY. EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS IN SECTION 18, IN NO EVENT SHALL THE MAXIMUM AMOUNT OF DAMAGES PAYABLE BY EITHER PARTY FOR ANY BREACH OF THIS AGREEMENT OR ANY DAMAGE OR INJURY RESULTING FROM THE aRes PROVISION OF THE TICKETING AND RESERVATION SERVICES EXCEED THE LESSER OF (A) $50,000 OR (B) THE AMOUNT OF COMMISSIONS PAID TO aRes FROM ITS TRAVEL SUPPLIERS WITH RESPECT TO END USERS OF THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING ANY SUCH CLAIM.
SECTION 13 MODIFICATION OF RESERVATION SERVICE PROGRAMS - aRes may add, delete or otherwise modify any of the Ticketing and Reservation Services. Such modifications may include adjustments to any Commissions listed on Exhibit A. If any material modification is unacceptable to Client, Client may (a) refuse (if feasible or practicable as reasonably determined by aRes) the portion of the Ticketing and Reservation Services affected by the modification, or (b) if refusal is not feasible or practicable as reasonably determined by aRes, terminate this Agreement by notifying aRes in writing within ten (10) days after receipt of notice of such modification. Client’s failure to act within such ten (10) day period shall constitute Client’s binding acceptance of the modification.
SECTION 14 FORCE MAJEURE - Neither aRes nor Client will be liable for any delay or failure in performance under this Agreement due to any cause beyond its reasonable control.
