Expedia.com CPS – USA

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Offer Details:
Offer Name: Expedia.com CPS - USA
Preview: Preview Landing Page
Network: vCommission
Network Platform: HasOffers
Status: Active
Last Updated: Jun 15, 2019
Date Added: Sep 15, 2018
Payouts: 1.4% Revshare
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Affiliate Offer Description:
Search Hotels, Cheap Flights, Car Rentals & Vacations Expedia.com

Converts on: Booking

Conversion Flow:
1. User makes a reservation
2. User completes a reservation
3. Sale is counted and credited

Tracking Information:
Frequency - Realtime
Cookie Duration - 7 Days
Web - Available
Mobile Web - Available
App - Not Allowed
Deeplink - Available (ONLY through Deeplink Tool here)
Multiple Conversions- Allowed

Promotion Methods:
Text Link - Allowed
Banner - Allowed
Deals - Allowed (Generic & the ones uploaded here)
Coupons - Not Allowed
Cashback - Not Allowed
Email (Text) - Not Allowed
Custom Email (Text) - Not Allowed
Email (HTML) - Not Allowed
Custom Email (HTML) - Not Allowed
POP Traffic - Not Allowed
Native Ads - Not Allowed
Social Media - Not Allowed
Facebook Ads - Not Allowed
SEM - Brand Keyword(s) - Not Allowed
SEM - Generic Keyword(s) - Available
SEM - Brand + Generic Keyword(s) - Not Allowed

Special Instructions:
Traffic to be avoided from these sites - Sex, Violence, Racial Hatred.

Non Commission able Items:
Expedia.ca does not pay commission on pre-packaged vacations. The following will be considered a non-commissionable transaction: any car transaction exceeding a purchase price of $5,000 USD. All transactions that meet this criteria will be reversed and commission will not be awarded to the publisher’s account. Proof of completed travel will need to be provided by the customer in order to credit any car transactions exceeding $5,000. Car transactions between $1,000-$5,000 are subject to extension in the Commission Junction system and investigation by Expedia. Any transactions found to be fraudulent will then be reversed and commission will not be paid to the publisher.

Restrictions:
We do not pay commission 3PP vacation packages or cruise sold through Expedia.ca. Affiliates are not allowed to promote Expedia.com or Expedia.ca via Twitter, Facebook or Facebook Advertising unless approved in writing by Expedia. Toolbars, browser applications and/or extensions are not permitted unless approved in writing by Expedia.

Requirements: Action Expedia Airline
Description Expedia Airline purchase.
Referral Period7 day(s) Number Of Occurrences Unlimited Commission0.00 USD flat
Locking Period - Standard Actions lock on the 10th of the month, unless extended.
Action Concluded Expedia Airline
Description Customer concludes Expedia Airline purchase. Referral Period7 day(s) Number Of Occurrences Unlimited Commission 1.57 USD flat
Locking Period - Standard Actions lock on the 10th of the month, unless extended.
Action Expedia - ESR Merchant Hotel Description Expedia - ESR Merchant Hotel purchase. Referral Period7 day(s) Number Of Occurrences Unlimited Commission0.00 USD flat
Locking Period - Standard Actions lock on the 10th of the month, unless extended.

Action Concluded Expedia - ESR Merchant Hotel
Description Customer concludes Expedia - ESR Merchant Hotel purchase.
Referral Period7 day(s)
Number Of Occurrences Unlimited
Commission 4.2%
Locking Period - Standard Actions lock on the 10th of the month, unless extended.
Action Expedia Hotel
Description Expedia Hotel purchase.
Referral Period7 day(s)
Number Of Occurrences Unlimited Commission0.00 USD flat
Locking Period - Standard Actions lock on the 10th of the month, unless extended.
Action Concluded Expedia Hotel
Description Customer concludes Expedia Hotel purchase.
Referral Period7 day(s)
Number Of Occurrences Unlimited Commission 1.40%
Locking Period - Standard Actions lock on the 10th of the month, unless extended.
Action Expedia Package Description Expedia Package purchase. Referral Period7 day(s) Number Of Occurrences Unlimited
Commission0.00 USD flat
Locking Period - Standard Actions lock on the 10th of the month, unless extended.
Action Concluded Expedia Package Description Customer concludes Expedia Package purchase. Referral Period7 day(s) Number Of Occurrences Unlimited Commission 1.92%
Locking Period - Standard Actions lock on the 10th of the month, unless extended.
Action Expedia Car Description Expedia Car Booking Referral Period7 day(s) Number Of Occurrences Unlimited
Commission0.00 USD flat
Locking Period - Standard Actions lock on the 10th of the month, unless extended.
Action Concluded Expedia Car Description Customer concludes Expedia Car purchase.
Referral Period7 day(s) Number Of Occurrences Unlimited
Commission 1.40%
Locking Period - Standard Actions lock on the 10th of the month, unless extended.
ActionExpedia Cruise DescriptionExpedia Cruise purchase. Referral Period7 day(s) Number Of OccurrencesUnlimited Commission0.00 USD flat
Locking Period - StandardActions lock on the 10th of the month, unless extended.
Action Concluded Expedia Cruise DescriptionCustomer concludes Expedia Cruise purchase. Referral Period7 day(s) Number Of OccurrencesUnlimited Commission25.00 USD flat
Locking Period - StandardActions lock on the 10th of the month, unless extended.
ActionExpedia Activities DescriptionExpedia Activity purchase. Referral Period7 day(s) Number Of OccurrencesUnlimited Commission0.00 USD flat
Locking Period - StandardActions lock on the 10th of the month, unless extended.
Action Concluded Expedia Activities DescriptionCustomer concluded Expedia Activity purchase Referral Period7 day(s)
Number Of OccurrencesUnlimited Commission5.00%
Locking Period - StandardActions lock on the 10th of the month, unless extended.
Policies:
Search Campaigns - Protected SEM Bidding Keywords
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Sunnyvale,Wild Palms Hotel,Wild Palms,Wyndham,York Dungeon Search Campaigns - Recommended SEM Bidding Keywords airline, air travel, airline tickets, book air travel, airlines, flights, airfare, hotels, hotel, hotel rooms, hotel room, hotel stay, vacation, vacations, vacation packages, vacation package, holiday, travel, holiday travel, air + hotel, air and hotel, flight and hotel, cruise, cruises, cruise ship, Mexico cruise, Caribbean cruise, Hawaiian cruise, travel activities, concerts, sporting events, travel package, travel packages, car rental,car rentals,rent a car,car,automobiles,auto, vacations, destination specific keywords (Las Vegas, New York, Anaheim, LA, San Francisco, etc) Search Campaigns - Prohibited SEM Display URL Content Expedia Trademarks are never to be used as the primary display URL for SEM. You are allowed to use Expedia trademarks in the subdomain of your display URL. For example, www.yourwebsite.com/expedia. If you do this you must send traffic to a page that only includes Expedia offers and deals and does not include offers from any travel competitor. Search Campaigns - Prohibited SEM Ad Copy Content You must get written permission from Expedia in order to include Expedia trademarks in your SEM ad copy. Please contact eap@expedia.com if you are interested. Search Campaigns - Direct Linking

No
Search Campaigns - Special Instructions for Search Marketing Publishers
You are not required to negative keyword match our trademarks. You may be included on the keyword "Expedia Coupons" because you are bidding on "coupons" however you are not allowed to bid on the exact match keyword of "Expedia Coupon". Web Site - Prohibited Web Site Domain Keywords
ALL EXPEDIA TRADEMARKS INCLUDING MISSPELLINGS.
Web Site - Use of Logos and Trademarks in Web sites
You must agree to use our logos and trademarks as documented in our program Ts&Cs. For permission to use our logos and trademarks in print advertising please contact us at eap@expedia.com for approval.
Non-Commissionable Items
Expedia.ca does not pay commission on pre-packaged vacations. The following will be considered a non-commissionable transaction: any car transaction exceeding a purchase price of $5,000 USD. All transactions that meet this criteria will be reversed and commission will not be awarded to the publisher’s account. Proof of completed travel will need to be provided by the customer in order to credit any car transactions exceeding $5,000. Car transactions between $1,000-$5,000 are subject to extension in the Commission Junction system and investigation by Expedia. Any transactions found to be fraudulent will then be reversed and commission will not be paid to the publisher.
Miscellaneous - Special Instructions
Untitled 1
MARKETING FEES
A. Marketing Fee Schedule.
This Expedia Publisher Program Marketing Fee Schedule (“Marketing Fee Schedule”) is a part of the Program Agreement that governs your participation in the Program. The Marketing Fee Schedule sets forth the Marketing Fees that you may earn as a Publisher. We may modify this Marketing Fee Schedule as provided in the Program Agreement. All capitalized terms used in this Marketing Fee Schedule that are not defined herein have the definition given to them in the Program Agreement.

As a Publisher in the Program, you may earn Marketing Fees only for Qualifying Transactions.

“Qualifying Transactions” means a Booked Transaction (defined below) that has been Completely Consumed and is not a Void Transaction.

“Completely Consumed” means (i) for a hotel booking, that the check-out day of such stay has passed, (ii) for an air booking, that the last leg of a one-way or return flight is completed, (iii) for a car rental booking, that the car rental has been returned, (iv) for an activities or services booking, that the activity has occurred or the product has been fulfilled; (v) for a package booking, that all travel components of the package have been completed in accordance with (i) to (iv) of this definition; and (vi) for a cruise booking, that the cruise has finished.

“Booked Transaction” means the booking of an Expedia Travel Product through the Expedia Site(s): (a) that originates from a click on Travel Content displayed on a Publisher Site; (b) that is so booked within the validity period (“Referral Period”) set forth in the Program Term of a cookie or other tracking technology (“Publisher Cookie”) being placed on the User’s computer after visiting the Publisher Site(s); and (c) for which the click was the last action by the User before the User completed the transaction via the Expedia Site.

Marketing Fees will be calculated as a percentage of the Gross Booking Value of Completely Consumed Transactions as set forth in the Program Term. “Gross Booking Value” means the total price paid by Users for Qualifying Transactions excluding taxes and fees paid by the customer at the time the Travel Product is consumed.

Qualifying Transactions do not include, and we will not pay you Marketing Fees for (collectively, “Void Transactions”):
(1) any transaction that is subsequently cancelled, refunded, charged back, disputed by the User, that resulted from fraudulent or other unlawful activity, or for which Expedia does not receive payment;
(2) any transaction for which the User clicked link on a Paid Channel after the User left the Publisher Site but before the User completed the transaction via the Expedia Site. “Paid Channel” means all online channels except for (i) clicks on search engine results, search engine advertisements, and Expedia emails and (ii) direct navigation to the Expedia Site(s) via web browser uniform resource locator bar;
(3) any transaction that is not correctly tracked or reported because the links from the Publisher Site to the Expedia Site are not properly formatted;
(4) any transaction that violates the terms of this Program Agreement;
(5) any transaction that was booked after termination of this Program Agreement;
If Expedia ever pays you Marketing Fees for transactions that are determined by us in our sole discretion to be Void Transactions, we may deduct and setoff from Marketing Fees owed to you in any month, payments previously made for such Void Transactions. We may also require you to refund us any amounts we may have overpaid to you in prior periods including, without limitation, amounts paid for Void Transactions

B. Payment of Marketing Fees.
You will be paid the Marketing Fees earned for each month in accordance with and subject to the Administrator’s payment terms. Any and all calculations regarding Marketing Fees are final and cannot be disputed by you after six months from the date that the Booked Transaction was Completely Consumed.

Terms & conditions:
xpedia Publisher Program Agreement
Thank you for your interest in the Expedia Publisher Program (the “ Program”). This Expedia Publisher Program Agreement (“ Program Agreement”) contains the terms and conditions that govern your application and participation in the Program. “ Expedia,” “ we,” “ us,” or “ our” means Expedia, Inc. “ Publisher,” “ You,” or “ your,” means the publisher. “ Publisher Site” or “ your Site” means any website(s) and software application(s) that you own or operate and link to any Expedia websites (“ Expedia Site”). This Program is administered by Commission Junction (the “ Administrator”) through the Administrator’s website (“ Administrator Site”). Please read this Program Agreement carefully, as it contains important information about limitations of liability and resolution of disputes through arbitration.
BY CHECKING THE BOX, CLICKING THE "I ACCEPT" BUTTON, OR ENROLLING IN OR OTHERWISE ACCESSING THE PROGRAM, AS APPLICABLE, YOU (i) ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ AND UNDERSTAND THIS PROGRAM AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS; (ii) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS PROGRAM AGREEMENT; AND (iii) HEREBY REPRESENT AND WARRANT THAT YOU ARE NOT AN INELIGIBLE PARTY (AS DEFINED BELOW), ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS, AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS PROGRAM AGREEMENT. IF YOU ARE COMPANY OR OTHER CORPORATE ENTITY, THEN THE PERSON AGREEING TO THIS PROGRAM AGREEMENT ON BEHALF OF THAT COMPANY OR CORPORATE ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR CORPORATE ENTITY TO THIS PROGRAM AGREEMENT.
We may modify any of the terms and conditions of this Program Agreement at any time and in our sole discretion upon seven (7) days’ prior notice to you. Without limiting the generality of the foregoing, modifications may include, for example, changes to the Marketing Fees, Publisher Program Requirements, Your Site Requirements, Prohibited Activities, and other Program requirements. Modifications will be effective on the date you acknowledge your acceptance of the modifications or seven (7) days after you are provided with notice of the modification, whichever occurs first. IF YOU DO NOT AGREE TO ANY OF THESE MODIFICATIONS, YOUR ONLY RECOURSE IS TO TERMINATE THIS PROGRAM AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE SEVEN (7) DAY NOTICE PERIOD WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE MODIFICATION.
A. Program Summary
The Program permits Publishers to promote certain travel products available through the Expedia Sites (“ Expedia Travel Products”) by displaying to users of Publisher Site(s) (“ Users”) links, advertisements, and other content that may be provided to Publishers by Expedia in its sole discretion (“ Travel Content”) and enables Publishers to earn Marketing Fees (“ Marketing Fees”) as set forth in the Program Term B. Enrollment
How to Enroll. To begin the Publisher enrollment process you must submit a completed program application (“ Program Application”) available through the Administrator Site. You will ensure that the information in your Program Application and otherwise associated with your account, including but not limited to your email address and other contact information, is at all times complete and accurate. We may send any notifications, approvals, and/or other communications related to the Program and this Program Agreement to the email address then-currently associated with your Program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.
Evaluation of Your Application. We will evaluate your Program Application and notify you of your acceptance or rejection. We may reject your Program Application in our sole discretion for any or no reason. For example, and without limiting the generality of the foregoing, we may determine that you are ineligible to participate or that your Site is unsuitable for the Program because it includes any objectionable content (as described in Section C) or that you are engaged in conduct prohibited by this Program Agreement. If we reject your Program Application, you are welcome to reapply for participation in the Program at any time.
Who May Not Enroll. Without our prior written approval, Ineligible Parties may not enroll in the program or submit Program Applications in the Program. An “ Ineligible Party” is any travel agency (e.g., Priceline, Booking.com, or Carlson Wagonlit) or travel supplier (e.g., airline, hotel company, car rental supplier or cruiseline), or any successor, employee, agent or Corporate Affiliate (any person or entity that, directly or indirectly, controls, is controlled by or is under common control with) any Ineligible Party (“ Corporate Affiliate”) of any of the foregoing. If you are an Ineligible Party and you still wish to enroll in the Program, please email us at eap@expedia.com. If you have any questions about whether you are or are not an Ineligible Party, please contact us before you accept this Program Agreement. If you become an Ineligible Party after enrolling in the Program, you will (a) stop accessing and/or using the Program immediately and (b) keep confidential any Confidential Information (defined below) provided to you during your enrollment in the Program.
C. Publisher Program Requirements
Your Site. At all times during your participation in the Program, you will ensure that your Site(s) do not:
(1) depict or promote violence or sexually explicit material;
(2) depict or promote materials that are fraudulent, defamatory or obscene;
(3) promote illegal activities or unlawful discrimination of any kind;
(4) promote or contain any materials which infringe or assist others to infringe the intellectual property rights of others;
(5) contain any images or content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable;
(6) otherwise violate any law and regulation;
(7) contain any spyware, malware, virus, worm, trojan horse, or other subversive, malicious, or harmful code, or any application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other device;
(8) copy or resemble the look and feel of Expedia’s properties or create an impression that your Site(s) are part of Expedia or any Corporate Affiliate of Expedia.
If your Site(s) are not in compliance with any of these requirements (or any other terms and conditions of this Agreement), we may, in our sole discretion and without limiting any other right or remedy to which we may be entitled, (a) remove the Publisher Site from the Program; (b) terminate this Program Agreement; and/or (c) require you to refund any payments made by Expedia during such non-compliance. Responsibilities Regarding Your Site. You are solely responsible for the Publisher Site(s), including all content and other material that appears on the site(s). Without limiting the generality of the foregoing, you are solely responsible for: (i) any use of the Travel Content regardless of whether it is permitted by the Program Agreement; (ii) maintaining a privacy policy that adequately discloses to users how you and third parties (including Expedia and other advertisers) track, collect, use, store, share, and disclose User data, serve advertisements, and use cookies, pixels, and other tracking technologies; (iii) ensuring that all content on your Site does not violate or infringe any rights (including privacy, intellectual property, or other proprietary rights) of Expedia or any third party; and (iv) ensuring that your display of the Travel Content and the Expedia Marks and any other Expedia content, information, data, or materials (“ Materials”) do not violate the Program Documentation or any agreement between you and any other person or entity.
Prohibited Conduct. You agree that you will not engage in any of the following:
(1) You will not use any link that sends Users indirectly to the Expedia Site via an intermediate site or webpage and without requiring the User to click on a link or take some other affirmative action on that intermediate site or webpage.
(2) You will not use any Travel Content in connection with soliciting others to join an affiliate marketing network for the purpose of engaging in business of the type conducted by Expedia.
(3) You will not use any other method that impedes Users from determining the site or application from which a customer clicks links within Travel Content.
(4) You will not take any action that could reasonably confuse Users regarding (i) our relationship with you or (ii) the website on which any searching or booking Travel Products is occurring (e.g. through the use of frames).
(5) You will not mislead or misrepresent to Users as to the origin, affiliation or nature of your Site(s), products or services.
(6) You will not use any Travel Content or any Expedia Mark in a manner that implies endorsement or commercial association by Expedia with, any product, service, party, or cause.
(7) You will not use any Expedia Brands in meta-tags on any website that you own or operate. You will not use, register, license or control any domain name containing any Expedia Brand or any misspellings or variants of, or substantially similar names or marks to, an Expedia Brand. (8) You will not take any action to register or otherwise interfere with our interests in our Marks
(9) You will not display or otherwise use any Mark of any third party travel supplier on the Expedia Site in connection with the display of any Travel Content unless you have obtained from that travel supplier the specific right to do so.
(10) You will not attempt to artificially increase your Marketing Fees in any way (e.g., by causing any page of a Expedia Site to open in a browser other than as a result of the User clicking on Travel Content on your Site or by artificially generating clicks, impressions, or bookings, whether by way of a robot or software program or other method designed to emulate a click by a real person).
(11) You will not violate the restrictions in any robot exclusion headers on Expedia Sites, or bypass, circumvent, or avoid any measure employed to prevent or limit access to such website.
(12) You will not take any action that Expedia deems to impose or likely to impose an unreasonable or disproportionately large load on the technology or infrastructure of any web sites operated by Expedia (e.g., using scraping/caching or crawler type requests on Expedia’s servers) .
(13) You will not knowingly collect, use, or disclose personal information from children who are under thirteen (13) years old.
(14) You will not request, obtain, store, cache, or otherwise use any account information used by our customers in connection with any Expedia Site (including any usernames or passwords of Expedia customers).
Prior Written Approval Required. Without Expedia’s prior written approval, you agree that you will not:
(1) Use the names or trademarks of Expedia or its Corporate Affiliates in any domain name (e.g. www.Expedia.publishersite.com or www.publishersite.com/Expedia).
(2) Display Travel Content without linking to the Expedia Site.
(3) Use iFrames or similar functionality.
(4) Display any Travel Content within any pop-up or pop-under windows, transitional page ads, or layer ads around.
(5) Use any functionality that places a Publisher Cookie on User’s device without an affirmative click on the Travel Content by the User, e.g., “frontdoors” and toolbars with such functionality.
(6) Engage in any marketing activities on behalf of us or our Corporate Affiliates, or in connection with the Program, that are not expressly permitted by the Program Agreement. For example, you will not use any Expedia Mark or Travel Content in any offline promotion or in any other offline manner (e.g., in any facsimile, direct mailing, text messaging, email or attachment to email, or other document, or on television, radio, or other offline media).
(7) Access, search, scrape, crawl or monitor the Expedia Site, any other websites operated by Expedia or the websites of other publishers through which Travel Content is available.
(8) Allow and will take reasonable steps to prevent any direct or indirect extraction, repurposing and/or aggregation of Travel Content, Confidential Information, or any other data or information made available under this Program Agreement.
(9) Redistribute or otherwise allow the Travel Content to be placed on any website that you do not own or operate.
Travel Content Comparison. You shall not, without Expedia’s prior written approval, display any Travel Content in any context where the Travel Content is shown with similar information sourced from third parties (i.e. in meta search results) unless that third party information has been compiled on the same basis as the Expedia Information. For example (and without limitation) Travel Content which includes tax and/or fee inclusive pricing shall not be displayed with third party sourced similar pricing information which is exclusive of taxes and fees.
Coupons and Vouchers. Without Expedia’s prior written approval, you may not display Travel Content that includes coupon, voucher, or discount codes (“Coupon Codes”) unless Expedia provides the Coupon Codes directly to you. If Expedia provides Coupon Codes to you, you agree that (i) that you will only display the specific Coupon Codes that Expedia makes available to you; (ii) that you will not use any functionality whereby the user must click any link to reveal the Coupon Code, and (iii) that you may receive reduced Marketing Fees for Consumed Transactions in which the Coupon Code was redeemed.
Keyword Bidding. Without Expedia’s prior written approval you may not bid on, including for preferential placement in any search engine or other paid advertising, or otherwise use to drive consumers to its website or business the names or trademarks of Expedia or its Corporate Affiliates (“ Expedia Brands”) or any misspellings or variants of, or substantially similar names and marks to, any Expedia Brand. If Expedia gives you prior written approval to bid on the term “Expedia,” you agree to comply with any Expedia Trademark Bidding Requirements that we provide to you. In addition, upon a request by us, you will cause any search engine designated by us to exclude Expedia Brands from keywords used to display your advertising content in association with search results (e.g., request exclusion by negative keyword bidding). Use of Marks. Except for the limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use Expedia’s Marks set forth in the Program Agreement, you may not directly or indirectly use, display or refer to any Mark, URL, trade name, trademark, logo, or branding of Expedia, any Corporate Affiliate of Expedia or any third party (including any misspelling or substantially similar or confusingly similar version thereof), in any manner whatsoever (including in any meta-tags, search engine advertising, marketing or optimization, any other online or offline marketing or advertising, press releases, etc.) without the prior written approval of Expedia or the applicable third party, as the case may be.

D. Program Documentation
By participating in the Program, you agree that you are and will remain in compliance with this Program Agreement, any License Agreement, and any other policies, specifications, guidelines, and other materials that we make available to you or reference in this Program Agreement (collectively, the “ Program Documentation”). You agree to provide us with all information requested by us to verify your compliance with the Program Documentation. If we determine that you or any person or entity that we determine is affiliated or associated with you has violated any requirements in the Program Documentation, we may, in our sole discretion and without limiting any other right or remedy to which we may be entitled, (a) remove the Publisher Site(s) from the Program; and/or (b) terminate this Program Agreement
E. Displaying Travel Content.
After Expedia has informed you that your Program Application has been accepted, Expedia will provide you with access to graphic and/or text hyperlinks (“Program Links”) for display on your Site(s). You agree not alter, modify or otherwise change the Program Links without Expedia’s prior written consent. Expedia may also provide you with access to Travel Content for display on your Site(s) from one or more of the following sources:
(1) Deeplinks. The “Deeplink Generator” is a tool that allows Publishers to generate a direct link to a webpage (e.g. the infosite page for a certain hotel) within the Expedia site. If Expedia provides you with access to the Deeplink Generator, you will not alter, modify or otherwise change the deeplinks created by the Deeplink Generator without Expedia’s prior written approval. For example, you may not use a URL shortener that obscures that the deeplinks to the Expedia Site. Your use and display of the Deeplink Generator will comply with any Deeplinking Guidelines that we may provide to you from time to time
(2) Hotel Data Feed. The “Hotel Data Feed” is a feed that contains descriptive content regarding hotels (the “ Merchandising Content”) and other travel services available for booking through Expedia that is accessible via an Expedia interface. If we provide you with access to Merchandising Content you will not alter or amend the Merchandising Content and you may only display the Merchandising Content on your Sites for the sole purpose of linking from your Sites directly to Expedia and promoting the Travel Products. Your use and display of the Merchandising Content will comply with any Data Feed Guidelines that we may provide to you from time to time.
(3) Widget Generator. The “Widget Generator” is a tool that creates widgets that enable Users to search for Expedia Travel Products. If we provide you with access to the Widget Generator or any widgets, you will not alter or amend such content and you may only display such content for the sole purpose of linking from your Sites directly to Expedia and promoting the Travel Products.
(4) Application Programming Interfaces. Expedia’s proprietary application programming interfaces (each a “ Program API”) permit authorized users to access and use Travel Content determined by Expedia in its sole discretion. If we provide you with access to any Program API you agree to the following:
a. You will only have a revocable, non-exclusive, non-sublicenable (whether to a corporate affiliated party or otherwise), nontransferable, royalty-free, license to: (i) use the Program API and the API Specifications (as defined below) solely for the purposes set out in this Agreement; and (ii) use, distribute, reproduce, perform and display the Travel Content provided through the Program API solely for the purposes set out in this Agreement;
b. You will comply with any specifications regarding the use of the Program API (“ API Specifications”) that Expedia may provide to you from time to time;
c. Without Expedia’s prior written consent, you will not attempt to alter the Program API in any way including but not limited to any alterations that would change the manner in which pricing for Expedia Travel Products is displayed;
d. You will ensure that any booking of Expedia Travel Products searched through any Program API will always take place on the Expedia Site(s);
e. You will comply with any additional Program API policies (“API Policies”) that we may make available to you from time to time. Unless otherwise specified by Expedia, and subject to the requirements herein, the positioning, placement, frequency and other editorial decisions related to the display of Travel Content on your Sites will be made by you. You are solely responsible for the display of any Travel Content on the Publisher Site(s) and ensuring that the Travel Content is formatted in a manner necessary for us or the Administrator to track referrals of Users from the Publisher Site(s). You will not to display any Travel Content in any translated format without Expedia’s prior written consent and you will promptly remove and or update any outdated Travel Content (e.g., expired coupon codes, offers, and deals). You will also promptly remove any Travel Content displayed on your Site(s) upon our request for any or no reason.
F. Insertion Orders
From time to time, Expedia may request that you display Travel Content and/or other content not expressly covered by this Program Agreement. Publisher will serve and/or display such content pursuant to an insertion order (“ Insertion Order”) submitted through the Program. The terms of all effective and mutually-signed Insertion Orders are incorporated into this Program Agreement. The terms of this Program Agreement shall control over any conflicting terms in an Insertion Order except that any Marketing Fees set forth in an Insertion Order shall, for purposes of such Insertion Order only, control over any conflicting marketing fees in the Program Term.
G. Limited License to Travel Content and Marks
Subject to the terms of this Program Agreement, we hereby grant you a limited revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free license to, for the sole purpose of referring Users to the Expedia Site(s), reproduce and display on the Publisher Site: (i) Travel Content and (ii) Expedia’s trade names, trademarks, service marks, logos or other similar indicia of identity or source provided to you as part of the Travel Content (“Expedia Marks”). Your use of the Expedia Marks will comply with the Expedia Trademark Usage Guidelines which are attached to this Program Agreement.
H. Publicity.
You will not release any publicity, advertisement, news release, or public announcement, regarding any aspect of the Program Agreement or the relationship between Publisher and Expedia without Expedia’s prior written approval.
I. Reservation of Rights; Feedback.
Other than the limited license set forth in this Program Agreement, Expedia reserves all rights, titles, and interests not expressly granted to you above. No rights or title to, ownership of, or interest in the Program, the Travel Content, the Materials, the Program Documentation, any Marks or domain names of Expedia or its Corporate Affiliates, or any intellectual property related to the Program are transferred to you under this Program Agreement or otherwise. All goodwill from your use of the Expedia Marks will inure to the benefit of us. If you provide suggestions, comments or other feedback (“ Feedback”) to us with respect to the Program, the Travel Content or if you modify the Travel Content in any way, you agree that we may disclose, reproduce, license or otherwise distribute, and exploit the Feedback in any manner provided, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
J. Marketing Fees.
We (or the Administrator) will pay you Marketing Fees for certain transactions as set forth in the “Policies” section of the Program Term K. Term and Termination
When The Program Agreement Begins and Ends. The term of this Program Agreement will begin upon our acceptance of your Program Application and will end when terminated by either you or us. Either you or we may terminate this Program Agreement, with or without cause, by giving the other party seven (7) days prior notice of termination. If either party is in breach of this Program Agreement, the other party may terminate this Program Agreement immediately upon notice.
What Happens Upon Termination. Upon any termination of this Program Agreement for any reason: (1) you shall be entitled only to those unpaid Marketing Fees, if valid, you earned on or prior to the date of termination; (2) you will not be entitled to Marketing Fees for any amount of referrals delivered after the date of termination; (3) any and all licenses you have with respect to the Travel Content, Expedia Marks, and Materials will automatically terminate; (4) you will immediately stop using the Travel Content, Expedia Marks and Materials, and Program APIs (as applicable) and promptly remove from your Site and delete or otherwise destroy all links to the Expedia Site, all Expedia Marks and Materials, all other Travel Content, and any other materials provided or made available by or on behalf of us to you under this Program Agreement or otherwise in connection with the Program
(5) our acceptance of additional transactions obtained through the Publisher Site(s) will not constitute a continuation or renewal of this Program Agreement or a waiver of such termination;
(6) all rights and obligations of the parties will be extinguished, except that the rights and obligations of the parties under Sections L (Confidentiality), N (Indemnification), O (Disclaimers), P (Limitation of Liability), Q (Governing Law, Disputes), and R (Miscellaneous) will survive the termination of this Program Agreement.
No termination of this Program Agreement will relieve either party for any liability for any breach of, or liability accruing under this Program Agreement prior to termination.

L. Confidentiality
If you have entered into a valid and currently effective non-disclosure agreement that covers exchanges of confidential information arising out of or related to this Program Agreement (an “ NDA”), then the terms of such NDA will govern and control all such exchanges of information. In the event of any conflict between the NDA and this Program Agreement, the NDA will take precedence. If you have not entered into an NDA with us, then you will not disclose any Confidential Information that we disclose to you and you will keep Confidential Information strictly confidential and will not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. “ Confidential Information” includes, but not be limited to, the terms of any agreement between you and us, our business and financial information, Program API keys, API Specifications, customer lists, and pricing and sales information, concerning us or you, respectively, or any members of the Program, other than you. Confidential Information will also include any information that we designate as confidential.

M. Compliance with Applicable Laws
You will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that are applicable to the Program and your performance under the Program Agreement including laws (federal, state, or otherwise) that govern marketing and privacy (e.g., the Telephone Consumer Protection Act of 1991 and the CAN-SPAM Act of 2003)

N. Indemnification
You will indemnify, defend, and hold harmless us and our Corporate Affiliates, and ours 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' or other professionals’ fees) that arise out of or are based on (1) any claim that our use of your trademarks, logos, services marks, trade names, and any other materials you provide to us infringe on any trademark, trade name, service mark, copyright, license, intellectual property, or another proprietary right of any third party, (2) any breach of a representation, warranty, or covenant you make under this Program Agreement, or (3) any claim related to your Site(s), advertising, or other content. You will not stipulate, admit, or acknowledge any fault or liability on Expedia’s part or settle any claim related to this Section N without Expedia’s or its Corporate Affiliates’ (as the case may be) express, prior written consent. Expedia may participate in the defense of such claims at its own expense and with counsel of its own choosing.

O. Disclaimers
OTHER THAN AS EXPRESSLY SET OUT IN THIS PROGRAM AGREEMENT, EXPEDIA DOES NOT MAKE ANY PROMISES ABOUT THE PROGRAM. FOR EXAMPLE, EXPEDIA DOES NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE PROGRAM, THE SPECIFIC FUNCTION OF THE PROGRAM, OR ITS PROFITABILITY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET PUBLISHER’S NEEDS. EXPEDIA PROVIDES THE PROGRAM, MATERIALS, PROGRAM DOCUMENTATION, TRAVEL CONTENT, EXPEDIA TRAVEL PRODUCTS, EXPEDIA SITE, AND EXPEDIA MARKS “AS IS”. TO THE EXTENT PERMITTED BY LAW, EXPEDIA EXCLUDES ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED. EXPEDIA EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

P. Limitation of Liability
WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL OR DATA) RELATED TO THE PROGRAM AGREEMENT OR THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THE PROGRAM AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE GREATER OF: (I) THE TOTAL MARKETING FEES PAID TO YOU UNDER THIS PROGRAM AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE MOST RECENT EVENT GIVING RISE TO THE CLAIM OCCURRED, OR (II) US $50. THE FOREGOING LIMITATION WILL APPLY REGARDLESS OF THE CAUSE OF ACTION UNDER WHICH SUCH DAMAGES ARE SOUGHT.

Q. Governing Law; Disputes
Any and all claims regarding the Program Agreement or the Program (“Claims”) will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our Corporate Affiliates, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted this Program Agreement, regardless of whether prior versions of the Program Agreement required arbitration. The Federal Arbitration Act and federal arbitration law and the laws of the state of Washington, without regard to principles of conflict of laws, will govern this Program Agreement and any dispute of any type that might arise between us.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce this Program Agreement as a court would.

Arbitrations will be conducted by the American Arbitration Association (AAA) under the Commercial Arbitration Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Any arbitration will be held in King County, Washington.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Expedia Legal: Arbitration Claim Manager,” at Expedia, Inc., 333 108th Ave N.E. Bellevue, WA 98004. If we request arbitration against you, we will give you notice at the email address or street address you have provided.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction. Notwithstanding anything to the contrary in this Program Agreement, we may seek injunctive relief in any state or federal court of competent jurisdiction for any actual or alleged infringement of the intellectual property or proprietary rights of us and our Corporate Affiliates. You further acknowledge and agree that our rights in the Travel Content are of a unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.

R. Miscellaneous Provisions
You may not assign this Program Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Program Agreement will be binding on and enforceable against the parties and their respective permitted successors and assigns. Our failure to enforce your strict performance of any provision of this Program Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Program Agreement. Each party will at all times be deemed to be an independent contractor of the other, and nothing in this Program Agreement will be deemed or construed to create any partnership, joint venture, employment, agency or similar relationship. We will not be liable for any failure to perform or any delay in performing any obligation under this Program Agreement if such failure or delay is the result of any event or other cause beyond our reasonable control. If it turns out that a particular term of the Program Agreement is not enforceable, the balance of the Program Agreement will remain in full force and effect. Whenever used in this Program Agreement, the terms “include(s),” “including,” “e.g.,” and “for example” mean, respectively, “include(s), without limitation,” “including, without limitation,” “e.g., witho
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