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US Ghost Adventures Affiliate Program Agreement

This Affiliate Program Agreement ("Agreement") is entered into between US Ghost Adventures ("Company") and you (the "Affiliate"). It describes how the Program works and other aspects of our business relationship.

Please read the entire agreement carefully. Understanding the information outlined here is essential to fostering a successful working relationship that is beneficial to both parties.

Definitions

“Affiliate” refers to the party entering into this Agreement to promote the Company's products or services in exchange for commissions.

“Company" refers to US Ghost Adventures, the provider of the products and services being promoted by the Affiliate.

“Affiliate Program” means our affiliate Program as described in this Agreement. This may also be referred to as “Program.”

"Agreement" means the Affiliate Program Agreement.

“Affiliate Link” means the unique tracking link you place on your website, social media page, social media post, or other channels.

“Commission” means the payment received by the Affiliate as described under Commission Structure.

“Confidential” means information disclosed by US Ghost Adventures to the Affiliate that is not generally known to the public, including but not limited to trade secrets, business plans, financial information, marketing strategies, know-how, and any other proprietary information related to the Company's business operations.

"We", "us", “our”, and “US Ghost Adventures” means US Ghost Adventures.

“You” and “Affiliate” means the party, other than US Ghost Adventures, that is entering into this Agreement.

Program Description

The Affiliate agrees to promote the Company's products or services through trackable digital means. In return, the Affiliate will receive a commission as outlined under Commission Structure.

Affiliate Acceptance

1. Once you complete an application to become an Affiliate, we will review your application and notify you whether you have been accepted to participate in the Program.

2. Affiliates must have at least 50,000 followers to be considered for the Program.

3. In special cases, the Company may partner with local influencers who have a smaller following for a reduced commission rate (6% on all transactions).

4. Acceptance is determined on a case-by-case basis. We may reject your application at our sole discretion.

5. If we do not notify you that you are accepted to participate in the Affiliate Program within thirty (30) days from your application, your application is considered to be rejected.

Commission Structure

1. For each product sold using your unique Affiliate Link, you, the Affiliate, will earn a seven to ten percent commission, depending on the item sold.

Tickets: The Affiliate will earn a 10% commission on the base ticket price, after fees and taxes.

Overnight Bookings: The Affiliate will earn a 5% commission on overnight stays and reservations at participating properties.

Merchandise: The Affiliate will earn a 5% commission on the sale of merchandise including Ghost Daddy products.

2. Commissions are payable to the Affiliate only for trackable sales made digitally. The Company relies on a third-party Affiliate network to track and pay Affiliate commissions and is not directly involved in the process, therefore commissions are paid only for verified purchases tracked by the third-party Affiliate network.

3. Commissions are paid out after the Affiliate has earned at least $50. Payments are made at least sixty days after such threshold has been met, and after the refund period expires.

4. Commissions will be adjusted for customer refunds and returns.

Affiliate Responsibilities

1. The Affiliate shall maintain an average of at least $100 in sales per month over a three-month period to continue participation in the Program. Failure to meet this requirement may result in termination from the Affiliate Program.

2. The Affiliate may use pre-approved copyrighted images from the Company for promotional purposes.

3. The Affiliate may not copy or reuse any written content from any existing websites or sources to promote and market Company products.

FTC Compliance

1. All affiliates must comply with the Federal Trade Commission (FTC) guidelines regarding endorsements and testimonials in advertising, as well as any other applicable laws and regulations governing affiliate marketing practices.

2. By participating in the affiliate program, you acknowledge that you have read, understood, and agree to comply with the FTC guidelines and other applicable laws and regulations.

Dispute Resolution

If a disagreement arises between the Company and the Affiliate regarding any aspect of this Agreement, both parties agree to make a good faith effort to resolve the dispute through the following steps:

1. Email Communication: The parties will first attempt to resolve the dispute through written communication via email. This allows both parties to clearly state their positions and exchange information.

2. Phone Call: If the dispute is not resolved through email communication, the parties will then engage in a phone call to discuss the matter further.

Both parties agree to approach these dispute resolution steps with a cooperative and constructive attitude, with the goal of reaching a mutually satisfactory resolution.

Indemnification

The Affiliate agrees to indemnify and hold harmless the Company, its employees, agents, contractors, and officers from any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under this agreement, and the cost of pursuing any insurance providers, incurred by the Indemnified Parties in connection with any claim arising out of or resulting from (i) any material breach of this Agreement by its affiliates, or (ii) the accuracy of the representation, warranty or covenants made by the seller in this agreement.

Termination

The Company reserves the right to cancel the Affiliate’s contract and adjust commissions at any time. Adjustments may not be retroactive and shall only apply to a future date communicated to the affiliate at least thirty days in advance.

Confidentiality

1. The Affiliate agrees to maintain the confidentiality of all Confidential information received from the Company, both during and after the term of this Agreement. The Affiliate shall not disclose, reveal, or make use of any Confidential information for any purpose other than the performance of its obligations under this Agreement, without the prior written consent of the Company.

2. The Affiliate shall use the Confidential information solely for the purpose of promoting the Company's products and services as outlined in this Agreement.

3. The obligations of confidentiality set forth in this Agreement shall not apply to any information that: (a) is or becomes publicly available through no fault of the Affiliate; (b) was rightfully known to the Affiliate prior to its disclosure by the Company; (c) is independently developed by the Affiliate without reference to the Confidential information; or (d) is rightfully obtained by the Affiliate from a third party without restriction on disclosure.

4. Upon the termination or expiration of this Agreement, or upon the Company's request at any time, the Affiliate shall promptly return or destroy all Confidential information in its possession, custody, or control, including any copies thereof, and shall provide written certification of such return or destruction upon request.

Representations and Warranties

The Affiliate represents and warrants that:

1. It has the legal authority to enter into this Agreement and to perform its obligations hereunder.

2. Its promotional activities will comply with all applicable laws and regulations, including but not limited to FTC guidelines and intellectual property laws.

3. Its promotional materials and representations will be truthful, accurate, and not misleading to consumers.

Limitation of Liability

Neither party shall be liable to the other for any indirect, incidental, consequential, special, or punitive damages arising out of or related to this Agreement, even if advised of the possibility of such damages. In no event shall either party's aggregate liability under this Agreement exceed the total amount of commissions paid or payable to the Affiliate hereunder.

Updates and Amendments

Any updates or amendments to this Agreement shall be communicated to the Affiliate in writing via email and shall be effective immediately upon notice. The Affiliate's continued participation in the Affiliate Program following such updates or amendments shall constitute acceptance of the revised terms.

The Company reserves the right to change the terms and conditions of this Agreement at any time.

Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable under any applicable law, such provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable, and the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.

Entire Agreement

This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.