Please read the agreement document below before registering.
1. Term of the Agreement:
The term of this Agreement will begin upon your acceptance of this agreement and will end when terminated by either party pursuant to this Agreement. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party five (5) days prior written notice of termination. We may terminate this Agreement upon a material breach that is not cured within thirty (30) days of notice to you. In addition, ParkWhiz reserves the right to cancel the Program at any time and for any reason, without prior notice.
Upon the termination of this Agreement or the Program for any reason, you will immediately cease use of, and remove from your site, all links to ParkWhiz.com and all ParkWhiz trademarks, trade dress, logos, and all other materials provided by or on behalf of us to you in connection with the Program. You are eligible to earn referral fees only on parking transactions that occur during the term of this Agreement, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. To ensure that you are paid the correct amount, we may withhold your final payment for a reasonable time.
2. Enrollment in the Program:
Create a ParkWhiz account, visit the Affiliate Console, and accept this agreement to enroll in the Program. You may not participate in the Program if your website is unsuitable. Unsuitable sites include, without limitation, those that:
- promote violence;
- promote illegal activities;
- promote sexually explicit content;
- promote any type of discrimination;
- violate any copyrights or intellectual property rights; or
- contain any parameter deemed inconsistent with the standards of behavior and decorum associated with our brand and website
3. Order Tracking and Processing:
We will track and process all transactions made by customers who follow special links from your site to our site. Reports will be available via your ParkWhiz account. To enable accurate tracking, reporting, and commission accrual, you must ensure that the special links between your site and our site are properly formatted. When customers come to ParkWhiz.com via your links, our web server sends a client-side text string (cookie) containing your unique affiliate code to their computers.
We are responsible for all aspects of order processing and fulfillment. Along with providing customer service, we will handle all transaction logistics including payments, cancellations, and refunds. We reserve the right to cancel orders that do not comply with any requirements we establish.
4. Qualifying Transactions:
For a parking transaction to qualify for a commission, the customer must do the following:
- follow a link (in the format specified by us) from your site to parkwhiz.com;
- purchase parking using our consumer-branded online marketplace (parkwhiz.com);
- and remit full payment to us in the case of a purchase.
Parking transactions which are canceled or refunded, or which become the subject of a credit card chargeback, will not qualify for commissions. We reserve the right to cancel transactions that do not comply with these or other requirements that we periodically establish. Your site will be credited for every qualifying transaction, including repeat purchases or sales that occur within 10 days of referral from your site.
You accept exclusive responsibility for filing and paying all relevant and applicable local, state, and federal taxes. ParkWhiz shall have no obligation to collect or remit any taxes on your behalf. You shall indemnify ParkWhiz from and against any costs, claims, and other liability incurred as a result of your failure to comply with your obligations under this clause.
7. Brand Integrity, Restricted Activities, Use of the API, and Use of Affiliate Console:
Brand Integrity: ParkWhiz's brand identity is extremely valuable and protected. Affiliate partners may not modify our logo or represent themselves as ParkWhiz in any way, such as by citing themselves as an "Official Site" in search engine listings or by posting duplicate content from the ParkWhiz.com site. Partners may not use our trademarks or terms confusingly similar to our trademarks, such as URLs, PPC key terms, trademarks and/or trade names. Partners also should not use any of the content or images shown on ParkWhiz.com, except for those contents that are expressly approved for use in this agreement.
Promotional Methods: Your promotional methods should comply with the law and the terms of this Agreement. You will only place links on sites you own. Special Promotional Methods are methods used for promoting, other than a link on your own website. Examples of such Special Promotional Methods: links in paid search results, incentive programs including vouchers, coupons. You are required to obtain ParkWhiz's express written permission in advance to use such Special Promotional Methods, and you are required to comply with the terms set out in this Agreement. Affiliates are not permitted to offer their users cash or other incentives for accessing ParkWhiz web sites through links placed on affiliate web sites or emails. In any event, you will not place links or promotional content on Craigslist and you will not place links on Craigslist to send traffic to your site that is then directed to ParkWhiz. If you received ParkWhiz's permission to use a message board or community site to generate traffic, you must always comply with that site's policies.
Restricted Activities: Affiliates are required to abide by all terms and conditions associated with ParkWhiz coupon codes and discounts. Accordingly, affiliates may not post such codes or distribute them in any other manner, as all such codes are non-transferable and are generally intended for one-time use. Affiliates shall not contact ParkWhiz.com customers directly and shall forward any customer calls to ParkWhiz.
Spyware: We will refuse all applications or signups from affiliates which we believe participate in spyware, adware or parasiteware techniques for driving traffic. We reserve the right to research and investigate affiliates and their activities and, at our own discretion, determine whether or not these practices are in place. Affiliates found in violation of this policy will be immediately terminated from the program and will forfeit all commissions.
Paid Search: If you receive our permission to include links in paid search results, you will in any event comply with the following rules:
- Correct representation of ParkWhiz's brand;
- If you are linking directly to ParkWhiz.com, you must place the ParkWhiz.com URL as the visible URL in your ad;
- You may not use ParkWhiz within your creative, and cannot state that you are Official Partner/Site, or copy any creative in ParkWhiz's own paid listings;
- You shall not purchase or register search engine keywords, AdWords, search terms or other identifying terms that include the word ParkWhiz or any variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service. Specifically, this policy prohibits you from bidding on:
- ParkWhiz's trademark, ParkWhiz, ParkWhiz.com and any keyword string that includes this term. For example, park whiz parking, ParkWhiz coupons, park wiz and coupons, parkingWhiz, etc.
- Variations of ParkWhiz's trademark: for example, park whiz, park wiz, www.ParkWhiz.com, park-whiz, www.ParkWhiz, park-whiz.com, park.whiz, wwwParkWhiz.com, ParkWhizcom, etc.
- Remedy. If ParkWhiz.com determines, in its sole discretion, that you have purchased or attempted to purchase "ParkWhiz" or have failed to obtain prior permission to use a Special Promotional Method, or failed to comply with any of the Terms above, then ParkWhiz.com may, without limiting any other remedies available to it, pursue any or all of the following actions:
- Withhold, or cancel any and all compensation otherwise payable to you under this agreement; and/or
- Remove you or suspend you from the ParkWhiz.com affiliate Program immediately and/or permanently and commissions will not be accrued during suspension.
- reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, algorithms, file formats, or interface protocols of the Affiliate Console or of any files contained in or generated by the Affiliate Console;
- copy, modify, adapt, or translate the Affiliate Console,
- resell, distribute or sublicense the Affiliate Console, make the Affiliate Console available on a "service bureau" basis, or otherwise allow any third party to use or access the Affiliate Console,
- remove or modify any proprietary marking or restrictive legends placed on the Affiliate Console; or
- use the Affiliate Console in violation of any applicable law or regulation. As between ParkWhiz and you, ParkWhiz retains title to and ownership of the Affiliate Console, including all copyrights and other intellectual property rights relating thereto. You will have no rights with respect to the Affiliate Console other than those expressly granted under this Agreement.
8. Responsibility for Your Site:
You are solely responsible for the development, content, operation, and maintenance of your site. This responsibility includes:
- functionality of ParkWhiz links;
- maintaining current ParkWhiz creative elements in connection with such links;
- the technical operation of your site and all related equipment;
- the accuracy and appropriateness of site content (including parking-related information);
- the assurance that site content does not violate or infringe upon the rights of any third party (including copyrights, trademarks, privacy, or other personal and proprietary rights); and
- assurance that site content is neither libelous or otherwise illegal.
9. Relationship to Customers:
Customers who buy or sell parking through this Program will be deemed to be customers of ParkWhiz.com. Accordingly, all ParkWhiz.com rules, policies, and operating procedures concerning customer orders, customer service, and parking sales will apply. We may change our policies and operating procedures at any time and without notice.
10. Relationship of Parties:
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representatives, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You may not make any statement, whether on your site or otherwise, that would reasonably contradict anything in this section.
Each party shall not, and shall cause its affiliates not to, during the term of the Agreement and for two (2) years after the termination of the Agreement, directly or indirectly, on your own behalf or on the behalf of a third party, solicit or employ any employee of the other party or its affiliates without written consent of the other party; provided that, neither party shall be precluded from hiring any person who responds to a general solicitation or advertisement not targeted specifically at employees of the other party or its affiliates.
You agree that violation of this section will result in irreparable harm to ParkWhiz and that monetary damages will be inadequate to compensate ParkWhiz for such violation. Thus ParkWhiz shall be entitled to seek equitable relief, including but not limited to specific performance or injunctive relief to enforce this section. ParkWhiz reserves the right to seek any and all other remedies available at law or in equity for violation of this section.
12. Limited License:
We grant you a nonexclusive, non-transferable, non-sublicensable, revocable right to use graphic images and text we provide to you and other text or images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating parking transactions. You may not modify any of these graphic images or text in any way. We reserve all intellectual property rights of ParkWhiz.com, including text, graphic images or any other images, trade names, trademarks, and copyrights. You agree to follow our trademark guidelines and are aware that these may change. In the event of a change, you must make relevant changes to your site to conform to the changed guidelines within 20 days. We may revoke your license at any time, with or without cause, by giving you written notice. Upon receiving a revocation notice from ParkWhiz, you have 10 days to cease all use of material licensed to you by ParkWhiz.
We name no express or implied warranties or representations with respect to the Program or any parking booked through the Program including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
14. Limitation of Liability:
We will not be liable for indirect, incidental, special, punitive, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Furthermore, our aggregate liability for any claim arising out of this Agreement or Program will not exceed the total referral fees paid or payable to you under this Agreement during the six (6) months preceding such claim.
16. Order of Precedence:
In the event that you have entered into a separate written Affiliate Agreement with ParkWhiz and such Affiliate Agreement includes terms or conditions that conflict with the terms and conditions herein, the terms and conditions of the Affiliate Agreement shall govern.
17. Governing Law:
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois, U.S.A., without regard to its provisions governing conflicts of law. If we allege that you have infringed or threatened to infringe our intellectual property rights, then, in addition to any other rights and remedies we may have, we may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. You submit to the exclusive jurisdiction of the state and federal courts located in the State of Illinois and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
18. Arbitration Clause:
Unless you and ParkWhiz agree otherwise, any arbitration hearing between ParkWhiz and you will take place in the county in which you have your principal place of business. If AAA arbitration is unavailable in your county, the arbitration hearing will take place in the nearest available location for AAA arbitration. If your claim is for ten thousand dollars ($10,000) or less, the arbitration will be conducted solely on the basis of documents submitted by all parties to the arbitrator, unless determined a hearing is necessary. If your claim exceeds ten thousand dollars ($10,000), your right to a hearing will be determined by the AAA Rules.
The parties agree that the arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability and formation of this clause. The arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction. The arbitrator’s decision shall be final and binding on all parties. The arbitrator may award any individualized remedies that would be available at court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. The arbitrator’s decision and judgment shall have no precedential or collateral estoppel effect.
This Arbitration Clause shall not apply to the following types of claims: 1) violation of ParkWhiz’s intellectual property rights; 2) violation of the Non-Solicit Clause of this Agreement; and 3) claims that may not be subject to arbitration as a matter of law.
We may modify any of the terms or conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site and sending you an email to the email address you registered with us. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
You may not assign this Agreement, by operation of law or otherwise, without prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. We may assign this agreement at any time and without notice to our successor-in-interest following a merger, acquisition or similar corporate transaction. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
21. Independent Investigation:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Last modified on August 16th, 2017.