BSP operates the Partner Site, including all service components thereof, as well as customer service and Partner Site service management.
The Partner shall, to the best of his/her/its ability, endeavor to register new Participants on the Partner Site. The Partner will not be granted exclusive marketing rights or other special privileges as a Partner; in particular, BSP is entitled to offer to, and to register into the Partner Program, other persons and entities, with the same, similar or differing content as compared to Partner’s, in BSP’s sole discretion.
The Partner receives a commission payment according to Section 8 of these Terms from the revenue earned by Participants who have registered through the Partner Site. Participants’ data remain the property of BSP; the Partner receives a limited right to use the database. The extent of the Partner’s right of use is defined by tools made available in the Partner’s ‘back office’ site provided by BSP. All contractual relationships with Participants, as Participants, are solely between the Participants and BSP, to the exclusion of Partner.
Notwithstanding anything to the contrary, Partner’s registration in the Partner Program is fully contingent upon and subject to Partner’s completion of the Partner registration forms provided by BSP (which may consist of online and/or other forms) and BSP’s acceptance of Partner into the Partner Program, which acceptance shall be at BSP’s sole discretion.
Participant registration is web-based and is therefore not necessarily geographically limited; provided, however, that it is the Participant’s obligation to ensure that registration on and use of the Partner Site is legally permissible within their jurisdiction. The offering shall begin on the date that the Partner Site is publicly published (which date is estimated to be five (5) to seven (7) days after BSP accepts the Partner’s completed registration and applicable payments have been processed as described in Section 5 herein.
For the initial setup of each Partner Site, Partner is required to pay a setup fee (“Set Up Fee”) as per the current fee schedule published on www.bsprewards.com. For continuous operation of the Partner Site, the Partner additionally pays an annual maintenance fee (“Maintenance Fee”). When multiple Partner Sites are set up, the Set Up Fee and Maintenance Fee are charged for each Partner Site separately.
The Partner will be invoiced for the Set Up Fee following BSP’s acceptance of Partner’s registration, and Partner must pay the Set Up Fee prior to BSP beginning any work. The initial Maintenance Fee is due on the first anniversary of the date the Partner Site has been published and thereafter the Maintenance Fee will be invoiced annually on each subsequent anniversary and will be due net thirty (30) days following the date of each invoice. The setup is estimated to take five (5) to seven (7) days. Services are to be provided by BSP according to the current terms of service located on www.bsprewards.com.
Notwithstanding the foregoing, if Partner complies with the Partner Requirements as per section 9 (i) – (iii) hereof and Partner is (i) a non-profit organization, (ii) provide BSP with all required proof of Partner’s status as a non-profit organization or governmental entity at the time of registration to the satisfaction of BSP and (iii) is accepted into the Partner Program by BSP, then BSP will waive the Set Up Fee and Maintenance Fee, as defined above, for the Partner Site.
Partner is authorized to promote the Partner Site. Partner shall be responsible for all expenses it incurs. Promotion activities must not violate any law, and must comply with basic rules of ethics. These activities must not be harmful or offensive, including use of defamatory, threatening or obscene language. The Partner must not use any merchant names, logos, banners, etc. listed in the BSP Shopping Mall or Travel site(s) in their marketing efforts.
Furthermore, Partners are not permitted to use “BSP” or any names owned or licensed by BSP or its affiliates as a component of any domain name. Domain names may not contravene laws or the rights of third parties. Furthermore, Partner shall not use “BSP” or any names, marks or copyrighted language owned or licensed by BSP or its affiliates without BSP’s prior written consent, except as specifically permitted in these Terms.