One of our businesses is to provide a marketplace to sell and buy ski and snowboard lessons worldwide. Affiliates represent the core part of our business, and therefore, we do our best to be fair and correct to you.
Having this in mind, we have written the following affiliate agreement, as well as to protect our company’s name. So please bear with us as we take you through this legal formality. If you have any questions, please do not hesitate to contact us. We are strong believers in straightforward and honest communication.
For the quickest results, please get in touch with us via form submission.
PLEASE READ THE ENTIRE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, CONTRACTUAL TERMS, REMEDIES, AND OBLIGATIONS. BY REQUESTING TO BE A PAULSKI AFFILIATE AND ACCESSING ANY OF THE PAULSKI SERVICES, YOU AGREE, ACKNOWLEDGE, AND ACCEPT THE TERMS AND CONDITIONS OF THIS AFFILIATE AGREEMENT.
This agreement is effective as of the day when the affiliate requested to be a PAULSKI affiliate. PAULSKI is owned and operated by Paolo Sports Travel LLC., a company incorporated under the laws of California (USA).
OVERVIEW AND SCOPE OF THE AGREEMENT
This Agreement contains the complete terms and conditions for you becoming an affiliate in PAULSKI’s Affiliate Program.
The purpose of this Agreement is to allow PAULSKI. sites’ to showcase, promote and let users book ski and/or snowboard lessons from your product portfolio.
Please note that throughout this Agreement, “we,” “us,” and “our” refer to PAULSKI Inc., and “you,” “your,” and “yours” refer to the affiliate, being the affiliate an independent instructor, a ski/snowboard school, a ski resort, or any other relevant content provider.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, you will be notified. Modifications may include but are not limited to, changes in the payment procedures and the affiliation rules. If any modification is unacceptable, your only option is to end this Agreement. Your continued participation in PAULSKI’s Affiliate Program following the notification of contractual changes or new Agreements on our site will automatically imply your acceptance of such modifications.
PAULSKI provides ski and snowboard schools, ski resorts, and independent instructors with direct and indirect booking solutions to showcase, market, and sell ski and snowboard lessons. PAULSKI provides its affiliates with opportunities to sell their services on PAULSKI websites or events.
Below you can find the details of the affiliation plans, including costs and commissions related to each type of affiliation program.
PAULSKI Inc. reserves the right to evaluate and approve your application to become an affiliate. We may reject your application at our sole discretion. PAULSKI may cancel your application without reason.
Plan 1: Semi-Private Lesson Membership (小团私教会员)
· When our users or members express interest to signup for semi-private lesson, you agree to the following terms:
· You agree to show up and finish on time.
· If safety, weather, or any other hazardous cause becomes a concern, you can cancel or discontinue an in-progress event.
· You agree to collect only a predetermined fee, according to the fee schedule set forth by PULASKI, per each member, for each session request.
· PAULSKI can provide your contact information to our users or members seeking lessons. You agree to respond to their request promptly and accommodate at the best effort for a mutually satisfactory arrangement.
· You agree to PAULSKI’s offers, format, and conditions to each member.
· PAULSKI has the right to change the plan’s offering to our members without your prior consent.
· PAULSKI is not responsible for no-shows, regardless booking is through you and the members; or through PAULSKI. There will be no compensation from PAULSKI should such a condition occurs.
· You may not collect deposits from members. PAULSKI may do this on your behalf. A processing fee may apply.
· You may collect lesson fees directly from participating members after completion of the lesson or group skiing.
· PAULSKI is not responsible for any dispute between you and the participating member(s).
Plan 2: Group Skiing Membership (团练会员）
· PAULSKI assigns a group skiing event to you for you to lead.
· You agree to the format and condition of the event set forth by PAULSKI.
· You agree to show up and finish on time.
· In the event that safety, weather, or any other hazardous cause becomes a concern, you have the discretion to cancel or discontinue an in-progress event.
· You agree to the pay rate set forth by PAULSKI.
· PAULSKI is not responsible for no-shows. There will be no compensation from PAULSKI should such a condition occurs.
The commission is the amount that PAULSKI will retain for its service on each transaction.
The Commission fee to PAULSKI shall only be charged in case of a completed transaction. A transaction is completed when a member of PAULSKI Website has successfully made a booking with a ski school or ski instructor. Such booking has resulted in the actual provision of the service, as confirmed to PAULSKI by the third-party company that handles the online payment process.
If external circumstances significantly impede or compromise the affiliate to carrying out the service, the affiliate is obliged to inform the participating customers and PAULSKI customer service (email@example.com) as early as possible.
If the affiliate is impeded from partially or fully carrying out a booked service due to overbooking, sickness, unexpected events, or other reasons, the affiliate is responsible for arranging a comparably worthy service for the client without additional costs. When possible, the service must be delivered during the same time slot, for the same duration, by an equally (or higher) rated instructor, and with the same lesson characteristics. The new instructor must be registered on PAULSKI. If you cannot arrange a similar service, the client will be fully refunded the deposit or refuse payment. PAULSKI is not responsible for any losses from disputes between you and the members. However, in the event when a member has paid a deposit, PAULSKI would investigate and make the best effort to keep all parties amicable.
If a user who booked a lesson online gets re-assigned with an instructor who does not correspond to the one booked via the PAULSKI sites/affiliates, you must update the lesson details and ensure that all the participants are assigned to a lesson of equal price and perceived value without additional costs. In case of disputes over the newly assigned instructor, PAULSKI will decide univocally whether or not the participants qualify for a refund.
PAULSKI uses a secure third-party system to process online payments. The process includes the treatment of the personal data of the users who have booked a lesson. If PAULSKI is collecting lesson fees on behalf of affiliates, a processing fee may be applied.
This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. The agreement will automatically terminate following the date of the written notice. Written notice can be submitted in the form of an email at firstname.lastname@example.org.
This Agreement shall be automatically renewed at the end of the Termination Date, for a successive period of 12 months, unless either party shall have provided written notice to the other party that it does not intend to renew this Agreement before the Termination Date.
AFFILIATE OBLIGATIONS AND RIGHTS
The affiliate is responsible for providing content displayed on PAULSKI’s website (www.paulskicoach.com). Content includes, but is not limited to, instructors’ pictures, instructor’s certification (PSIA, USSA, or AASI), ski school logo, school description, and other relevant information. The content must be provided in the specified formats, must meet the quality standards set by PAULSKI, and must be up-to-date.
Maintaining the content and the instructors’ schedules up-to-date will be your interest and full responsibility. We may monitor your content as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we believe should enhance your performance.
Every product or plan displayed to users and published on any of the PAULSKI sites is final and must be carried out in the same form and terms promoted online.
PAULSKI is committed to exposing your service at its best and to preserving the image and the brand of its affiliates.
To protect the product, service, brand, and goodwill of the affiliate, PAULSKI agrees and acknowledges that the affiliate’s brand identity and image can’t be transformed or anyhow modified. Any content provided by the school (such as logo(s), text, images, etc.) has to be preserved and displayed as provided on the PAULSKI sites and affiliates.
The Affiliate shall promptly inform PAULSKI if any content provided is not correctly displayed or mistakenly modified from its original form.
PRODUCT DISTRIBUTION AND SALES
If not otherwise stated, PAULSKI is entitled to directly or indirectly sell, market, and distribute your products through third parties and sales channels, including but not limited to:
· Ski & mountain-related websites
· Mobile apps such as WeChat
· Social networking sites such as Facebook, Twitter, Instagram, Linkedin, and more.
· Tour operators
· Travel agencies
· Meta-search engines
· Incoming agencies
· Ski resorts
· Any other relevant online channel
INTELLECTUAL PROPERTY RIGHTS
The Affiliate acknowledges that PAULSKI and/or its licensors shall retain ownership of all rights, title, and interest in and to all Intellectual Property Rights of PAULSKI or embedded in the PAULSKI websites, white label solutions, including but not limited to the PAULSKI logo and the Content.
The Affiliate shall not (directly or indirectly) disclose, integrate, include, use, combine, exploit, or incorporate PAULSKI Data and Content with its content or with the content of any direct or indirect competitors of PAULSKI.
You are not entitled to copy, scrape, (hyper-/deep) link to, publish, promote, market, integrate, utilize, combine, or otherwise use the content (including any translations thereof and the guest reviews) or our brand unless explicitly specified by us in written form.
INTELLECTUAL PROPERTY RIGHTS
The Client acknowledges that PAULSKI and/or its licensors shall retain ownership of all rights, title, and interest in and to all Intellectual Property Rights of PAULSKI or embodied in the PAULSKI Website, including but not limited to the PAULSKI logo and Content. The Client shall not (directly or indirectly) include, use, combine, exploit, or incorporate the PAULSKI Trademark, Data, and Content with its content or with any direct or indirect competitors of PAULSKI.
You are not entitled to copy, scrape, (hyper-/deep) link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand unless explicitly specified by us in written form.
During the partnership regulated by this contract, each Party may have access to or may be exposed to, directly or indirectly, confidential information of the other party, including but not limited to customer data, transaction volume, marketing, and business plans, statistics, ranking data, conversion data and volume of click-throughs, information regarding software provided or used by PAULSKI. Each party acknowledges, accepts, and agrees to keep such information confidential and non-public and not disclose any of this with third parties.
The resolution of all disputes arising out of this contract or any affiliation relationship arising there from shall be governed by California law without giving effect to the principles of conflict of laws thereof. You hereby consent to the personal jurisdiction of, and any service of process relating to actions in, the courts of the State of California and the United States District Court for the State of California respect to any disputes or claims arising under this contract or out of the relationship of the parties established hereunder.