Blue Sky Tours Go Site Terms & Conditions

Go Blue Sky Affiliate Site Terms & Conditions

This is an Agreement between Blue Sky Tours {“Blue Sky”} and you ("Participant"). By clicking on the "SUBMIT" button at the end of this Agreement or responding to accept this Agreement, you are agreeing that you have read and understand the terms and conditions of the agreement, and that you agree to be legally responsible for each and every term and condition.

1. Grant to Participant. Subject to the terms and conditions of this Agreement which may be altered by Blue Sky Tours upon notice, Blue Sky Tours grants Participant a limited, revocable, non-exclusive, non-assignable, non-transferable, non-sub-licensable, and the right to access and display the Go Blue Sky Site in connection with the Participant's website, solely in connection with the exercise of Participant's rights under this Agreement. Participant may not modify, create derivatives of, copy, distribute, broadcast, transmit, reproduce, publish, sublicense, transfer, sell, mirror, "deep link" or otherwise use any information or material obtained from or through the Go Blue Sky Site.

2. Costs. Each Party shall be responsible for its own costs in connection with this agreement.

3. Intellectual Property Rights. All material contained on the Go Blue Sky Site, unless otherwise indicated, is protected by law including, but not limited to, copyright and trademark law, as well as other state, national, and international laws and regulations. Participant acknowledges that all right, title and interest in and to the Go Blue Sky Site and any and all intellectual property rights associated therewith are exclusively owned by Blue Sky Tours. Participant agrees that its use of the Go Blue Sky Site and any trademarks inures to the benefit of Blue Sky Tours and that all goodwill or reputation in the Go Blue Sky Site and any trademarks shall automatically vest in Blue Sky Tours when the Go Blue Sky Site and any trademarks are used by Participant pursuant to this Agreement.

Participant will not contest the validity of any trademark or Blue Sky Tours’ exclusive ownership of it. During the term of this Agreement, Participant shall not adopt, use, or register, or apply for registration of, whether as a corporate name, domain name, trademark, service mark or other indication of origin, the trademark, or any word or mark confusingly similar to it in any jurisdiction. Participant may not use Blue Sky Tours’ trademarks or logos in paid search engine marketing titles or in search engine keyword buys, however such trademarks and logos may be used in body of paid search engine listings.

Any re-use on your website(s) of copyrighted images, logos and marketing text must include notices in the following form:

A. "Blue Sky Tours®” logo is a registered trademark of Apple Leisure Group. Permission granted only for use on this website.

4. Obligations. Participant is solely responsible for the development, operation and maintenance of the Participant web site and for all materials and content that appear on the Participant website. Participant is responsible for all communications between its customers and its agents. Participant shall offer use of the Go Blue Sky Site only to consumers and not resellers or any other corporate entity. Participant shall not alter the presentation, nature and/or value of the products offered by Blue Sky Tours through the Go Blue Sky Site without the prior written approval of Blue Sky Tours. Participant shall not sub-distribute products offered by Blue Sky Tours or offer commissions on Blue Sky Tours’ products to retail entities. Participant shall use the Go Blue Sky icon to access the Go Blue Sky Site which may be updated by Blue Sky Tours from time to time.

Participant is responsible for maintaining the hyperlink from the Participant website to the Go Blue Sky Site. Participant site must display the approved Go Blue Sky icon or other approved text link to enable their customers to access the Go Blue Sky Site.

Participant shall provide Blue Sky Tours an electronic mail address to use in connection with receiving information from the Go Blue Sky Site.

Blue Sky Tours reserves the right to review your website(s) after the link to the Blue Sky Tours booking engine has been established, to assure that the look, feel and functionality of the Blue Sky Tours booking engine is not altered. If you are found not to be in compliance with the terms of this Agreement you will be notified and given guidelines for necessary changes, and shall promptly bring the site into compliance.

5. Commissions. Commissions for sales made as a result of an inquiry generated through the search engine will remain at Blue Sky Tours then current, prevailing commission policies or any previously agreed upon commission rates. Blue Sky Tours’ standard commission exception policies will remain in effect. Full commission not applicable on air-only bookings

6. Disclaimers. Participant assumes the sole risk of making use of and/or relying on the information or services, made available by Blue Sky Tours. Blue Sky Tours makes no representations about the suitability, completeness, timeliness, reliability, or accuracy of the information or services described or provided by the Go Blue Sky Site for any purpose. Blue Sky Tours does not warrant that the Go Blue Sky Site will meet all of Participant’s requirements or that performance of the Go Blue Sky Site will be uninterrupted or error-free including any errors or omissions in the results obtained through use of the Go Blue Sky Site. All such information or services are provided "as is" without warranty of any kind, including all implied warranties and conditions or merchantability, fitness for a particular purpose, title, and non-infringement.

Blue Sky Tours may make modifications and/or changes to the Go Blue Sky Site at any time, for any reason.

In no event shall Blue Sky Tours be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Go Blue Sky Site or with the delay or inability to use the Go Blue Sky Site, or for any information or services offered or available (or not available) through the Go Blue Sky Site, or otherwise arising out of the utilization of the Go Blue Sky Site, whether based in contract, tort, strict liability, or otherwise, even if Blue Sky Tours has been advised of the possibility of damages.

In the event that the foregoing limitations are not enforceable, Blue Sky Tours’ liability incurred in connection with this agreement shall not exceed the amount of payments received by Blue Sky Tours from Participant.

7. Participant Warranties. Participant represents and warrants that: (i) Participant has full power and authority to enter into this Agreement, (ii) the content on the Participant website, and/or the technology used by Participant in connection with the Participant website do not infringe or violate any copyright, patent, trade secret, trademark or other similar intellectual property right, or otherwise violate or breach any duty toward, or rights of any person or entity, including without limitation, rights of privacy and publicity, (iii) Participant is either an IATA or CLIA approved travel advisor, and (iv) Participant operates in full compliance with all applicable laws and regulations.

8. Discounting. In no event shall Participant offer any discounts, rebates, credits or any similar reductions off of any of Blue Sky Tours’ products without the approval of Blue Sky Tours.

9. Indemnification. Participant shall defend, hold harmless and indemnify Blue Sky Tours for any damages awarded pursuant to any third party claim brought against Blue Sky Tours and its affiliates and all of their directors, officers, employees, secondees, legal representatives, contractors, and agents (collectively "Indemnified Parties"), which would constitute a breach of any warranty, representation or covenant made by Participant under this Agreement; provided that the Indemnified Parties notifies Participant in writing of any such claim and tenders the control of the defense and settlement of any such claim to Participant at Participant’s expense and with Participant’s choice of counsel. The Indemnified Parties shall cooperate with Participant, at Participant’s expense, in defending or settling such claim. Participant will not enter into any settlement or compromise of any such claim without the Indemnified Parties’ prior consent, which shall not be unreasonably withheld.

Participant shall be liable and indemnify Blue Sky Tours for any and all bookings made, fraudulently or otherwise, using the Participant’s ARC number or pseudo ARC number whether such bookings are made by the Participant or any of the following including but not limited to outside travel advisors, affiliates, employees, independents, consultants, and any customers direct payments made whether the booking was made through the Participant’s agency or on the Participant’s affiliate website.

10. Governing Law. This Agreement has been made in and will be construed and enforced in accordance with Wisconsin law. Any action will be brought in the courts of Wisconsin, and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts.

11. Term and Termination. This Agreement shall become effective upon Blue Sky Tours’ acceptance of your application and shall remain in effect for a period of one (1) year. This Agreement will automatically renew for additional one (1) year periods unless either party provides the other party of its intent not to renew the Agreement at least sixty (60) days prior to the expiration of the previous term.

Notwithstanding the foregoing, Blue Sky Tours reserves the right for any reason to terminate this Agreement with written notice from Blue Sky Tours to Participant. Upon termination, Participant shall immediately disable the link to the Go Blue Sky Site and remove all Blue Sky Tours intellectual property from the Participant website. If Blue Sky Tours chooses to terminate Participant for a material breach, it shall provide written notice to Participant stating the basis for such termination and provide Participant three (3) days to cure Participant’s breach of this Agreement. If Participant fails to cure such a breach within three (3) days, Blue Sky Tours may terminate this Agreement immediately without further notice.

In the event of any termination or expiration of this Agreement for any reason, Sections 5, 7, 10, 11, 12 and 13 shall survive termination.

12. Waiver. Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Blue Sky Tours of any right under these terms and conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

13. Severability. If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these terms and conditions shall continue in effect.

14. Relationship between the Parties. No joint venture, partnership, employment, franchise, or agency relationship exists between Participant and Blue Sky Tours as a result of this Agreement or Participant’s utilization of the Go Blue Sky Site.

15. Entire Agreement. This agreement represents the entire agreement between Participant and Blue Sky Tours with respect the use of the Go Blue Sky Site. Any rights not expressly granted herein are reserved.

16. Assignment. Participant may not assign its rights or delegate its obligations under this Agreement without Blue Sky Tours’ prior written consent.

17. Notices. Any notice or other communication hereunder shall be in writing and shall be deemed given and effective (i) when delivered personally, or by overnight express, or (ii) five (5) business days after the postmark date if mailed by certified or registered mail, postage prepaid, return receipt requested, addressed to a party as follows, or to such other address as such party may designate by written notice to the other party in accordance with the provisions of this section.

If to Company, the notice shall be addressed to:

Blue Sky Tours

8969 North Port Washington Road
Milwaukee, Wisconsin 53217
Attention: General Counsel

If any term or provision of this contract is held invalid or otherwise unenforceable, the enforceability of the remaining terms or provisions will not be impaired thereby. The above information is current as of 04/11/2022 and subject to change without previous notice. CST #2139014-20