PLEASE READ THE FOLLOWING RAKUTEN TRAVEL XCHANGE REFERRAL PROGRAM TERMS AND CONDITIONS ("PROGRAM TERMS") CAREFULLY BEFORE PARTICIPATING IN THE RAKUTEN TRAVEL XCHANGE REFERRAL PROGRAM (“PROGRAM”). PARTICIPATION IN THE PROGRAM CONSTITUTES YOUR ACCEPTANCE OF ALL PROGRAM TERMS.
Anyone over the age of 18 is eligible to participate in the Rakuten Travel Xchange Referral Program. Rakuten Travel Xchange will compensate you with US$250 for each referral that becomes a Customer per the Program Terms.
Participant Acceptance; Termination
Rakuten Travel Xchange will make all determinations regarding participation in the Rakuten Travel Xchange Referral Program. Rakuten Travel Xchange reserves the right to terminate your participation in the Program or cancel the entire Program at any time for any reason or no reason, to the extent permitted by law, upon written notice to you. Any written notices required or permitted to be given by Rakuten Travel Xchange hereunder may be delivered by email. By participating in the Program, you consent to delivery of all Program-related notices and information by email to the email address you have registered for your Rakuten Travel Xchange MyAccount and acknowledge that you have the necessary equipment (hardware and software) to receive and read such emails.
Qualified Referrals; Payment
Qualified referrals must (i) be new Customers to Rakuten Travel Xchange: for purposes of the Program, "new Customer" does not include a person who is a current or pending Customer of Rakuten Travel Xchange; (ii) satisfy all Rakuten Travel Xchange enrollment requirements; (iii) becomes a client from a referral tracked through the Rakuten Travel Xchange Referral Program from the MyAccount page; and (iv) have "cookies" enabled on the computer from which the enrollment is executed. Eligible participants will be issued US$250 for each referral that becomes a Customer of Rakuten Travel Xchange. The amount of the reward Rakuten Travel Xchange is offering may be changed by Rakuten Travel Xchange at any time prior to a referral committing to become a Customer without notice to you or your referrals and will at all times be less any transaction charges incurred in remitting the reward to you. The Rakuten Travel Xchange Referral Program page in the Rakuten Travel Xchange MyAccount will contain up-to-date information regarding Rakuten Travel Xchange's then current offered monetary reward. The US$250 reward will be fulfilled as soon as Rakuten Travel Xchange determines that a referral has fulfilled the requirements to become a Customer. By participating in the Program, you agree that Rakuten Travel Xchange shall make the final determination as to whether any referral meets all requirements to be considered a Customer. From time to time, Rakuten Travel Xchange may offer limited-time promotions which provide for increased incentive payments.
The definition of a Customer depends on the product or service. If the referral is to become a Customer of the Rakuten Travel Xchange API, the reward will be earned at the point in time when the first live hotel booking is made by the Qualified Referral. If the referral is to become a Customer of the Rakuten Travel Xchange Custom Website, the reward will be earned at the time Rakuten Travel Xchange receives the initial payment from the Qualified Referral. If the referral is to become a Customer of the Rakuten Travel Xchange Travel Agent Portal, the reward will be earned upon receipt of the initial prepaid balance in excess of US$9,999. Any referral shall be eligible for reward payment if the referral becomes a Customer within 180 days from the date of the referral.
Rakuten Travel Xchange will provide you with access to the Program, which you may use to track your referrals and payment determinations with respect thereto; provided, that your use of the Program is strictly subject to the Program Terms. Rakuten Travel Xchange will update the Program with your account information periodically, including setting forth the email addresses to which you have sent an enrollment request email and whether a particular referral progress.
CAN-SPAM Act Compliance
Rakuten Travel Xchange complies with the federal CAN-SPAM Act and honors requests of consumers and Customers who choose to opt out of receiving Rakuten Travel Xchange marketing emails. Accordingly, if you designate a referral email address that has previously opted out of receiving Rakuten Travel Xchange marketing emails, these referrals will not be sent a Rakuten Travel Xchange Referral email.
In connection with your participation in the Program, you may receive confidential and proprietary information of Rakuten Travel Xchange, including sensitive Customer data ("Information"). You will maintain all of such Information in strict confidence and use the Information only in connection with your participation in the Program.
Independent Contractor Relationship
Your participation in the Program does not authorize you to act on Rakuten Travel Xchange’s, its parent's or their respective affiliates' behalf. Nothing herein is intended or will be construed to constitute or imply a joint venture, employer-employee relationship, partnership or association between you and Rakuten Travel Xchange, its parent or their respective affiliates. By participating in the Program, you acknowledge that you do so at your own risk and as an independent contractor and that Rakuten Travel Xchange is not directing how you perform your obligations hereunder.
Other than with respect to materials provided in connection with your participation in the Program, your status as a participant in the Program does not entitle you to use any trademarks, copyrighted materials, patents, names, logos or other intellectual property owned or licensed by Rakuten Travel Xchange, its parent or their respective affiliates.
By participating in the Program, you agree to and will indemnify and hold Rakuten Travel Xchange, its parent and their respective affiliates harmless from and against any and all damages, costs, expenses, claims or liabilities of any kind, including third party claims, whether pending or threatened, including without limitation, attorneys' fees and court costs, incurred by any of them arising out of or related to your participation in the Program or breach of these Program Terms.
Warranty Disclaimers; Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. THE PROGRAM IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER RAKUTEN TRAVEL XCHANGE, ITS PARENT NOR ANY OF THEIR RESPECTIVE AFFILIATES, THROUGH THESE PROGRAM TERMS, MAKES ANY WARRANTY REGARDING THE PROGRAM, AND EACH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL RAKUTEN TRAVEL XCHANGE, ITS PARENT OR ANY OF THEIR RESPECTIVE AFFILIATES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THESE PROGRAM TERMS OR THE PROGRAM, EVEN IF RAKUTEN TRAVEL XCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These Program Terms may be altered, changed, modified or assigned by Rakuten Travel Xchange at any time by providing notice to you. Your participation in the Program at any time after Rakuten Travel Xchange provides you such notice of changes will constitute your agreement to such changes.
Other Terms and Conditions
These Program Terms are in addition to and do not in any way limit or alter Rakuten Travel Xchange’s MyAccount terms other terms and conditions or agreements pursuant to which Rakuten Travel Xchange allows you to participate in the Program and/or use Rakuten Travel Xchange MyAccount.
By participating in the Program, you agree that you have read, understand and will abide, and be bound, by these Program Terms.
Aspects of the Rakuten Travel Xchange Referral Program may be available to you in languages other than English. These translations are on a goodwill and best-effort basis, are for reference only, and are not binding in any way. Any and all aspects of the Rakuten Travel Xchange Referral Program are governed exclusively by the English version.
You may not assign the right to participate in the Program to any other party. Rakuten Travel Xchange may assign these Program Terms or assign or delegate any of its rights or responsibilities hereunder to independent contractors or other third parties. Rakuten Travel Xchange shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and executed by an authorized representative of Rakuten Travel Xchange. No delay or omission by Rakuten Travel Xchange in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. © 2020 Rakuten Travel Xchange. All rights reserved.
FTC 16 CFR Part 255 Compliance