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  1. #1
    Member jkgourmet's Avatar
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    Question Help me understand this affiliate agreement? (Travelocity)
    Ineligibility
    If you are a travel supplier or employee or agent of a Travelocity Competitor (each, an "Ineligible Party") you are not eligible to participate in the Travelocity Affiliate Program. A Travelocity Competitor means any entity providing online travel services, including, without limitation, Orbitz, Hotel Reservation Network, Expedia Inc. (including Travelscape), and Cendant Corporation (including TheTrip.com, CheapTickets.com and Galileo International), and any successor entity to the foregoing, any airline, any car rental, any cruise operation or hotel company. If you are an Ineligible Party, or are not sure whether you are or are not an Ineligible Party, you must contact us before attempting to accept the terms of this Agreement. If you are an Ineligible Party and you accept the terms of this Agreement, you agree to (i) terminate this Agreement immediately if you become or Travelocity determines you are an Ineligible Party at any time and (ii) keep confidential any Confidential Information, as defined below), which you have gained access to during your participation in the Affiliate Program. ANY BREACH OF THIS PROVISION SHALL BE DEEMED A MATERIAL BREACH OF THIS AGREEMENT.
    I added the bold text as it applies to my question: Does this mean that if I am a Travelocity affiliate, I am ineligible to promote some hotels directly? That I cannot become an affiliate of Marriott, Motel 6, Holiday Inn, etc. and use their banners and links?

    IF I am unable to promote other hotel chains directly with Travelocity, can someone else suggest an aggregator that does not have this limitation?

    Thanks.

  2. #2
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
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    If you are a travel supplier or employee or agent
    To me, that does not sound like they are including affiliates. If they did mean to include affiliates, it seems more than reasonable that they would say affiliates.
    Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
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  3. #3
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    Seems to me they are just excluding competitors from their affiliate program..

    In addition to their own competitors (Orbitz, etc), they have extended that exclusion to "any airline, any car rental, any cruise operation or hotel company"

  4. #4
    Member jkgourmet's Avatar
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    Quote Originally Posted by teezone View Post
    Seems to me they are just excluding competitors from their affiliate program..

    In addition to their own competitors (Orbitz, etc), they have extended that exclusion to "any airline, any car rental, any cruise operation or hotel company"
    So, do those "competitors" include hotel chains like Marriott, Holiday Inn, etc? Would I be excluded from having banners and links from Marriott (using a direct affiliate relationship with Marriott) IF I also used Travelocity on that site?

    Affiliate Hound seems to say that I can have both. Teezone seems to think I cannot (I think). Others?

  5. #5
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
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    Only Travelocity can provide a definitive answer, but the terminology seems pretty straightforward to me: If they meant to exclude competitor's affiliates, they would have said "affiliates".
    Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
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  6. #6
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    You missed my point.. if you are a COMPETITOR of Travelocity, you may not join their program..
    Ineligibility: If you are a travel supplier or employee or agent of a Travelocity Competitor
    This paragraph has nothing to do with existing affiliates of the Travelocity program. They are simply defining sites that are ineligible to join.

  7. #7
    Member jkgourmet's Avatar
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    Thanks guys. Sorry if this newbie is a bit thick sometimes. Legal jargon gives me a headache!

  8. #8
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    Glad we could be of help

    It's always good to err on the side of caution when it comes to legalese, and a second opinion isn't a bad idea..
    Last edited by teezone; October 31st, 2010 at 05:38 PM.

  9. #9
    Beachy Bill's Avatar
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    I am not a lawyer, nor do I play one on TV, but looking at those TOS, one part that seems to have been overlooked is...
    "or are not sure whether you are or are not an Ineligible Party, you must contact us before attempting to accept the terms of this Agreement."
    My recommendation would be to contact them "just to be sure."
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