Results 1 to 2 of 2
  1. #1
    ABW Ambassador
    Join Date
    January 18th, 2005
    Posts
    1,916
    Is an affiliate an agent of a company? Expedia has some very (scary) language in their agreement.

    Quoting From http://www.expedia.com/daily/associa...rd_op_agmt.htm

    quote:
    If you are an employee or agent of a Competitor of ours, a travel agent or a travel supplier (collectively, “Ineligible Party”), you are not eligible to enroll in the Expedia Associate Program. For the purposes of this Agreement, a “Competitor” includes, but isn't limited to, Travelocity, Orbitz, Hotel Reservation Network, Mark Travel, Cheap Tickets, Priceline, Biz Travel, Hotwire, Last Minute, American Express, Rosenbluth, Carlson Wagonlit, Site59, any airline, any car rental, any cruise operator and any hotel company. [...]

    IF YOU ARE AN INELIGIBLE PARTY AND ENROLL IN THE ASSOCIATE PROGRAM, YOU AND WE AGREE THAT WE WILL BE MATERIALLY DAMAGED BY YOUR ACCESS TO OUR CONFIDENTIAL INFORMATION IN AN AMOUNT THAT IS DIFFICULT TO ASCERTAIN. ACCORDINGLY, YOU AND WE AGREE THAT IF YOU ARE AN INELIGIBLE PARTY AND ENROLL IN THE ASSOCIATE PROGRAM, THAT YOU WILL PAY FIVE HUNDRED THOUSAND DOLLARS (US$500,000.00) TO US AS LIQUIDATED DAMAGES. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS PROVISION SHALL PREVENT US FROM PURSUING EQUITABLE REMEDIES RESULTING FROM A BREACH OF THIS AGREEMENT.



    Could a non exclusive affiliate that promotes Expedia and {Travelocity, Priceline, etc} be liable under this clause of the agreement?

    I know there was a thread recently about similiar terms in another travel merchant's agreement, and I believe the AM committed to getting the language cleared up, but, I've never seen anything specifically about Expedia.

    Comments?

    ----
    -J
    Up in the air in revenue share

  2. #2
    ABW Ambassador
    Join Date
    January 18th, 2005
    Posts
    2,511
    You have nothing to be concerned about. The same applies as to what you are referencing with Orbitz. They just don't want licensed travel agents or travel suppliers to participate in their affiliate program. I'm not aware of any Expedia affiliate that isn't also affiliated with one or more of the competitors listed in your post.

  3. Newsletter Signup

+ Reply to Thread

Similar Threads

  1. Replies: 2
    Last Post: January 29th, 2011, 04:06 AM
  2. Man claims damages for spam
    By markschok in forum Midnight Cafe'
    Replies: 2
    Last Post: February 24th, 2006, 11:39 AM
  3. Replies: 19
    Last Post: October 19th, 2004, 10:03 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •