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This Affiliate Agreement ("Agreement") contains the complete terms and conditions between us, Go! Running Tours ("Go! Running Tours") and you (the “Affiliate”), regarding the participation in, the Go! Running Tours Affiliate Program (the “Affiliate Program”) as an affiliate of Go! Running Tours (an “Affiliate”), and the establishment of links from your website to our website, https://www.gorunningtours.com.

 

  1. Definitions

"Affiliate" - The business, individual participating in the Affiliate Program, or that displays Go! Running Tours’ products and Services and/or promotions on its website, or other means, and that receives a commission from Go! Running Tours for sales directly resulting from such display.

"Affiliate Site" - The Affiliate's website which displays Go! Running Tours’ Products and Services and/or promotions. 

"Go! Running Tours’ Products and Services" – Running experiences, products and services that are available for purchase from Go! Running Tours.

"Commission Fees" - The amount paid for each Qualified Purchase by a Referred Customer that you refer to Go! Running Tours pursuant to the terms of this Agreement.

"Qualified Purchase" - A sale of Go! Running Tours Products and Services by Go! Running Tours within 30 days of being referred from Affiliate Site.

“Link” – link and branded content linking to the Go! Running Tours page.

“Referred Customer" - Each new and unique customer referred from Affiliate through a link that makes a purchase on the Go! Running Tours platform.

 

  1. Promotion of Our Affiliate Relationship

    1. Use of visual identity and brand name. Go! Running Tours will make a variety of graphics available to you. You agree to cooperate fully with us in order to establish and maintain such graphics and redirects. Any links associated with Go! Running Tours and the visual material is to be redirected to the Go! Running Tours website. Go! Running Tours may modify the visuals from time to time in its sole discretion. You will not use graphic or textual images (indicating a Link) or text messages to promote Go! Running Tours that are not approved in advance by Go! Running Tours. All Affiliate Sites shall display the links and visuals prominently in relevant sections of their website. Furthermore, you agree not to use cookie stuffing techniques that set the affiliate tracking cookie without the Referred Customer's knowledge (e.g. iframe). Any information with respect to Go! Running Tours that is going to be displayed on the Affiliate Site must be preapproved by Go! Running Tours in writing.

    2. Disclaimer. Except as permitted herein, you shall not and are not authorized to (1) use the Go! Running Tours trademark, name or any of our intellectual and the licensed material without prior written consent or in any website other than the agreed upon Affiliate Site. (2) use Go! Running Tours name, brand and other trademark material in any bids for keywords, google adwords, search advertising, in metatags, search terms code or otherwise (3) act in any way that causes or creates or could cause or create an “initial interest confusion” over the use of the Go! Running Tours brand and name.  

    3. Discounts and Coupons. You are not allowed to post any refunds, credits or discounts for the Go! Running Tours Products and Services, or other content concerning Go! Running Tours without Go! Running Tours’ prior written consent in each instance. Affiliates may only use coupons and discounts that are provided exclusively through the Affiliate Program using banners and links. Each Link connecting users of the Affiliate Site to the pertinent area of the Go! Running Tours website will in no way alter the look, feel, or functionality of the Go! Running Tours website. Any violations of the terms surrounding links, coupons, refunds, credits or discounts shall constitute a material breach of this Agreement, and may result in your termination from the Affiliate Program or the withholding of Commission Fees

    4. It is at your discretion how and where you would like to promote Go! Running Tours on your website.   

 

  1. Data Security

Affiliate shall comply with all applicable data protection laws regarding the transmission of data exported to or from the United States or the country in which Affiliate resides, including without limitation, the General Data Protection Regulation 2016/679 of European Parliament and of the Council of 27 April 2016 (the “GDPR”). Affiliate, as a controller under the GDPR, shall also implement appropriate technical measures to ensure a level of security appropriate to the risk, taking into account the nature, scope, context, and purpose of processing any personal data. Affiliate agrees to promptly assist Go! Running Tours in complying with any data subject rights request under the GDPR that Go! Running Tours may receive from any individuals referred to Go! Running Tours by Affiliate. Affiliate further agrees to promptly assist Go! Running Tours in complying with any duties to cooperate with supervisory authorities under the GDPR.



  1. Order Processing

Go! Running Tours will process orders placed by Referred Customers who follow the Links from an Affiliate Site to Go! Running Tours. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfillment, including Go! Running Tours’ services, cancellation, processing, refunds and payment processing will be our responsibility. We will track the Qualified Purchases generated by your Affiliate Site and will make this information available to you through biweekly reports. To permit accurate tracking, reporting, and commission accrual, you must ensure that the links between your website and our website are properly formatted.

 

  1. Commission Determination; Qualified Purchases

    1. Commissions will be calculated based on the agreed commission rate of 5% for each Qualified Purchase (as defined herein). A “Qualified Purchase” does NOT include the following:

      1. A purchase by a Referred Customer that has transferred from any other Go! Running Tours partners or subsidiaries.

      2. A purchase by a Referred Customer that is cancelled/refunded or is in any other way not taking place.

      3. A purchase by a Referred Customer who is also associated with any Go! Running Tours reseller, referral, or other program.

      4. A purchase by a Referred Customer that has not been in good standing for a period of at least thirty (30) days or is in violation of Go! Running business procedures and payment terms or other applicable policies at the time the Commission Fees accrue.

      5. A purchase referred by an Affiliate that has an excessive cancellation rate as determined in Go! Running Tours’ sole discretion.

      6. A purchase by a Referred Customer if the Referred Customer was offered or received coupons, refunds, credits or discounts from the Affiliate.

    2. Go! Running Tours reserves the right to suspend the payment of Commission Fees at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms of this Agreement by the Affiliate or a Referred Customer. 

    3. In the event that the Referred Customers that are referred to Go! Running Tours by an Affiliate are determined to have an excessive cancellation rate, as determined by Go! Running Tours in its sole discretion, Go! Running Tours reserves the right to withhold or decline pending and future Commission Fees to such Affiliate.

 

  1. Commission Payments

    1. Subject to the terms of this Agreement commissions will be calculated according to the specified percentage for each Qualified Purchase that accrues during the period for which such commission fee is being calculated.

    2. Commission Fees will be processed approximately on the 15th of every month for the tours that were completed the month prior. Qualified Purchases that have been cancelled or refunded will not qualify for commission payout.

    3. Commission Fees shall be paid based on the company and bank information provided to Go! Running Tours.  Commission fees are paid out via bank transfers. 

    4. Disputes: Affiliate has the opportunity to file a dispute over sale or event via an email to contact@gorunningtours.com. 

    5. It is solely your responsibility to provide Go! Running Tours with accurate payment information that is necessary to issue a Commission Fee to you. 

    6. Any tax, vat, fees that is to be paid on the Commission Fee by the Affiliate is the responsibility of the Affiliate and has to be done locally and after the commission has been paid out by Go! Running Tours. 

 

  1. Go! Running Tours Responsibilities

We will provide all of the information necessary for you to make Links from your Affiliate Site to our site. Go! Running Tours will be solely responsible for order processing (including payment processing, cancellations, and refunds) for orders for Go! Running Tours Products and Services placed by a Referred Customer following a Link from your Affiliate Site, for tracking the volume and amount of Qualified Purchases generated by your Affiliate Site, and for providing information to Affiliates regarding Qualified Purchase statistics. Go! Running Tours will be solely responsible for all order processing, including but not limited to payment processing, cancellations, refunds and related Go! Running Tours service.



  1. Policies and Pricing

Referred Customers who buy Go! Running Tours Products and Services through our affiliate network are deemed to be Go! Running Tours Customers. Go! Running Tours Terms and Conditions, rules, policies, and operating procedures will apply to such customers. We may change our policies, pricing, and operating procedures at any time. For example, Go! Running Tours determines the prices to be charged for Go! Running Tours Products and Services sold through the affiliate network in accordance with our own pricing policies. Prices and availability of Go! Running Tours Products and Services may vary from time to time, from affiliate to affiliate, and from region to region. Because price changes may affect products that you have listed on your Affiliate Site, you may or may not be able to include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information on our website, but we cannot guarantee the availability or price of any particular Go! Running Tours Product or Service.



  1. E-mails and Publicity

You shall not distribute any bulk email messages with Go! Running Tours content or links without prior written consent from Go! Running Tours, to be granted or denied in Go! Running Tours’s sole discretion, in each instance. 



  1. Licenses and Use of Go! Running Tours Logos and Trademarks.

    1. Subject to the limitations set forth in Section 3 above and otherwise in this Agreement, we grant you a non-exclusive, non-transferable, revocable license to (i) access our website through the Links solely in accordance with the terms of this Agreement and (ii) solely in connection with such Links, to use the Go! Running Tours trademark and logo and similar identifying material provided by us (collectively, the "Licensed Materials"), for the sole purpose of selling Go! Running Tours Products and Services on your Affiliate Site and as approved in advance by us. You may not alter, modify, or change the Licensed Materials in any way. You are only entitled to use the Licensed Materials while you are an Affiliate in good standing and in compliance with all of the terms of this Agreement.

    2. You grant to us a non-exclusive license to utilize your name, title, trademarks, and logos (the "Affiliate Trademarks") in any advertisement or other materials used to promote Go! Running Tours and the Affiliate Program, provided that Go! Running Tours’s use of the Affiliate Trademarks is not required and is at its sole discretion. Any advertisements, emails, promotions etc using your trademarks will have to be pre-approved by you first. This license shall terminate upon the termination of your participation in the Affiliate Program.

 

  1. Term and Termination

    1. The term of this Agreement will begin upon signing this contract and will end when terminated by either party (the “Term”). Either party may terminate this Agreement at any time, with or without cause.

    2. You are only eligible to earn Commission Fees on Qualified Purchases occurring during the Term. Commission Fees earned prior to the date of termination will be eligible for commissions only if the orders for the related Go! Running Tours Products and Services are not cancelled. 

 

  1. Modification

We may modify this Agreement at any time in our sole discretion; provided that the change shall solely apply to events occurring after the date on which you accept and agree to such modifications unless you otherwise agree herein. Such modifications shall take effect when the contract is updated and the change has been communicated to you. Modifications may include, but are not limited to, changes in the scope of available Commission Fees, commission amounts or percentages, payment procedures, Commission Fee payment schedules, and Affiliate Program rules.



  1. Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or any Go! Running Tours Products and Services sold through the Affiliate Program. In addition, we make no representation that the operation of our website will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors, including the tracking of information concerning Referred Customers during any period of interruption.



  1. Relationship of Parties

You and Go! Running Tours are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. 



  1. Representations and Warranties

You hereby represent and warrant to us as follows:

 

    1. You have reviewed and understand this Agreement and agree to be bound by its terms.

    2. Your acceptance of this Agreement and participation in the Affiliate Program will not violate (i) any provision of law, rule, or regulation to which you are subject, (ii) any order, judgment, or decree applicable to you or binding upon your assets or properties, (iii) any provision of your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties.

    3. You are the sole and exclusive owner of the Affiliate Trademarks and have the power to grant to Go! Running Tours the license to use such marks in the manner contemplated herein, and such grant will not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any third person or entity.

    4. You are not required to obtain consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party in connection with your entrance into this Agreement

    5. There is no pending or threatened claim, action, or proceeding against you, or any affiliate of yours with respect to the Affiliate Trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.

    6. During the Term, you will not include in your Affiliate Site content that is, in our opinion, unlawful, harmful, threatening, defamatory, obscene, harassing, racially, ethically, or otherwise objectionable or are in violation of our Terms and Conditions or Acceptable Use Policy.

 

  1. Limitation of Liability

    1. We will not be liable for any indirect, special, incidental or consequential damages or any loss of revenue, profits or data arising in the connection with this agreement or the affiliate program. Further, our aggregate liability arising with respect to this agreement and the affiliate program will not exceed the total commissions paid or payable to you under this agreement.

    2. You are under no circumstances liable for the quality, safety or execution of Go! Running Tours products and services and cannot be held responsible for this. You are merely providing a link to Go! Running Tours for customers to book a Go! Running Tours experience. Go! Running Tours bears all responsibility for the Go! Running Tours experience. Any dispute about the experience (including booking, payment, the run, the route, etc.) shall be solely between Go! Running Tours and the customer.

 

  1. Indemnification

You hereby agree to indemnify and hold harmless Go! Running Tours and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your Affiliate Site, including, without limitation, its development, operation, maintenance and content therein not attributable to us.



  1. Confidentiality

Each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, Go! Running Tours and vendor lists, and pricing and sales information, shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Agreement except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party any obligation of confidentiality to the discloser hereunder. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to a valid subpoena or order issued by any court or administrative agency of competent jurisdiction, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process including, without limitation, the Securities Exchange Act of 1933, as amended, and the rules and regulations promulgated thereunder, and the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder.



  1. Miscellaneous

    1. Governing Law. The laws of Denmark will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts located in Denmark you irrevocably consent to the jurisdiction of such courts.

    2. Assignment. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent.