Affiliate Program Terms & Conditions

These terms and conditions (“Terms”) apply to the TravelBank Affiliate Referral Program (“Affiliate Program”). The purpose of the Program is to identify and secure new TravelBank clients through referrals from Affiliate Program “Participant”, defined as an individual who submits a referral through the TravelBank “Referral Form” located at http://travelbank.com/affiliate-program

• GENERAL TERMS

1. By submitting the TravelBank Referral Form (“Referral Form”), the Participant agrees to be subject to these Terms and TravelBank’s Privacy Policy, as amended from time to time. 
2. TravelBank reserves the right to disqualify any Participant that it determines, in its sole discretion, is ineligible to participate in the program. 
3. TravelBank has complete discretion as to who it will do business with and on what terms including, without limitation, whether to accept a referral as a customer.  TravelBank also has full discretion on whether and when to pay out the Participant Incentive.  
4. Decisions of TravelBank are final, binding and non-appealable. In case of dispute, Participant agrees to mutually binding arbitration.
5. These Terms are independent of any other relationship between Participant and TravelBank. To the extent permitted by applicable law, TravelBank reserves the right to change or cancel the Program at any time.
6. By submitting the Referral Form, Participant consents to receive electronic communications from TravelBank including advertising and marketing materials.

1. ELIGIBILITY REQUIREMENTS

To be eligible for the Program a Participant must:

1. Be an individual over 18 years old and a resident of the United States. 
2. Not be a member of one of the following categories: (a) Quota carrying members of the TravelBank Revenue team; (b) any “Head” or C-level corporate employee of TravelBank; (c) any member of the Board of TravelBank, and (d) any immediate family members of the above mentioned categories;
3. Not be employed or otherwise affiliated by a company that already has an existing reseller or referral relationship with TravelBank, or is already in discussions with the TravelBank Channel Partnerships team;
4. Not be a channel, alliance partner, or consulting partner of TravelBank;
5. Not an employee of the Finance/Accounting/Procurement/Travel Management or People Operations/Human Resource team, nor part of the decision-making process at the company they refer;
6. Provide all the details for a Qualified Referral in the Referral Form, and any reasonable clarification information requested from TravelBank; 
7. Have a pre-established professional or personal relationship with the referral. In other words, Participants may not acquire referrals through unsolicited e-mail to persons unknown to them, and are strictly prohibited from mentioning TravelBank in any mass or “cold” outreach to unknown persons;  and may not submit referrals based on email lists or other similar harvested consumer lists.

All Participants that would be covered under any other TravelBank referral program relating to TravelBank products and services are ineligible to participate in the Program. Individuals may not participate in the Program where doing so would be prohibited by any applicable law or regulation. TravelBank reserves the right to disqualify any Participant that it determines, in its sole discretion, is ineligible to participate or TravelBank otherwise does not wish for the Participant to participate.

III. DEFINITION OF A QUALIFIED REFERRAL

A Qualified Referral must meet the following criteria:

1. The information submitted on the Referral Form must be accurate;
2. The referral cannot be an Active Lead or an Existing or Former TravelBank Client, or subsidiaries/affiliates of either an Active Lead or Existing/Former TravelBank Client. An Active Lead is defined as either a company or individual contacted by TravelBank within the preceding 120 calendar days. An Existing TravelBank Client is defined as any company or organization that currently receives services from TravelBank.  A Former TravelBank Client is defined as any company or organization that previously used TravelBank’s products and services, but is no longer actively doing so.
3. Referral must be in a role that can influence or decide on travel and expense management solutions, in an industry that TravelBank services.
4. The referral cannot be working with a broker, channel or alliance partner.
5. The referral must have given the Participant express written consent to provide their details to TravelBank, and to have TravelBank contact them.
6. Referral may not specify a preferred sales consultant for their referrals.

In addition, TravelBank will only accept one source for each Referral.  In the event that two or more independent Participants submit the same Referral, it is up to TravelBank’s discretion as to the Participant Incentive for the Referral.  TravelBank is not responsible for lost, misdirected or delayed referrals.

1. PARTICIPANT INCENTIVES FOR QUALIFIED REFERRALS

TravelBank will pay out Participant Incentive according to the following process:

1. Qualified Referral must sign an annual subscription contract to be a customer of TravelBank (a “TravelBank Client”) within 180 days of the referral; 
2. Payout Schedule:
   1. If the TravelBank Client pays upfront in full and remains a paying TravelBank Client in good standing for more than 90 days; TravelBank will pay the Incentive within 45 days at the end of the 90 day period. 
   2. If the Client is paying month-to-month, the TravelBank Client must pay four consecutive months, then TravelBank will pay the Incentive within 45 days at the end of the four month period.

If the above conditions are met, TravelBank will pay out according to the following “Participant Incentive” table.

Participant Incentive Table 

The Participant Incentive will be issued in the form of a digital payment (preferred) or check.

1. MISCELLANEOUS

1. Cancellation.  To the extent permitted by applicable law, TravelBank may at any time, without prior notice, modify or terminate the Affiliate Program or these Terms, or both.  At the time of termination, all Qualified Referrals currently in queue will be processed, and paid out per the Terms.   All questions or disputes regarding eligibility for the Program; eligibility for or award of Participant Incentive, or both; or interpretation of these Affiliate Program Terms will be resolved by TravelBank in its sole discretion. TravelBank reserves the right to void Participant Incentive earned if there is reasonable suspicion that the Referrals were earned in a fraudulent manner, or in a manner that violates applicable law or these Terms or in a manner otherwise not intended by TravelBank or would result in higher risk, liabilities or reputational damage to TravelBank.
2. Taxes.  Participant Incentive under this Affiliate Program is subject to applicable federal, state and/or local taxes. Upon TravelBank’s determination that the Participant should receive the appropriate Participant Incentive, TravelBank may contact the Participant to request a completed IRS Form W-9. To the extent permitted by applicable law, if the Participant does not respond to a request from TravelBank to complete a Form W-9 or otherwise indicate a referral payment preference within 180 days of such request, TravelBank reserves the right to rescind Participants’ Participant Incentive. TravelBank will report earnings under this Program to the extent required by applicable law. Participant Incentive earned through this Program may be subject to taxation and will be reflected on the Form W-2 for TravelBank corporate employees and on IRS Form 1099 for all other Participants.  Participant acknowledges that he/she ultimately assumes full responsibility to pay all due federal, state and local individual income taxes on this Participant Incentive.
3. Governing Law.  The laws of the State of California, without regard to its conflict of law provisions, will govern the Program and its Terms. Any causes of action arising out of or connected with the Participant’s use of the Program or its Terms will be resolved exclusively by binding arbitration under the rules of Judicial Arbitration and Mediation Services in a location within San Francisco, CA.
4. Disclaimer of Liability.  In no event shall TravelBank be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, regardless of the type of claim or legal theory asserted, arising out of or in any way connected with (i) the Affiliate Program; (ii) the use of or inability to use the site or any materials, or (iii) any claim attributable to errors, omissions, or other inaccuracies in the site or any materials.  

Relationship between the Parties.  With the exception of current TravelBank employees that are eligible to participate, all non-employee Participant understands that this Affiliate Program Terms in no way creates any employer relationship with TravelBank.  Non-employee Participants also agrees not to misrepresent his/her relationship with TravelBank, and not to market or sell TravelBank beyond publicly available company media (e.g., TravelBank website, social media, etc.) or other company-provided marketing materials distributed under this Affiliate Program.