Terms and Conditions
Please read all of our Terms and Conditions. If you agree, please click on "Yes" at the bottom of this page to become a Action Car Rental affiliate.
A.) PROGRAM ENROLLMENT: Prior to enrollment, you must read this entire agreement. Once you read and understand these terms, you will agree to be bound by the terms and conditions as stated. You can become an affiliate immediately by selecting the proper code for a banner link or text link, and begin submitting referrals from your website. Within thirty (30) days of your initiating business with us, we will contact you by E-mail to inform you of our acceptance or rejection of your affiliate status, and to begin to build an affiliate profile about your site. Within this initial thirty (30) day period we will evaluate your website in regard to its' content, design and compatibility, pursuant to our compliance issues. In our independent and sole discretion we may reject an application for any reason, including but not limited to sites that contain or promote content that is sexually explicit, violent, discrimination based on race, religion, national origin, physical disability, sexual orientation or age, promotes illegal activities or infringes upon another's intellectual property rights.
B.) LICENSE: The Action Car Rental Logo section contains the "marks" that you are authorized to use on your website, by terms of this "limited use" consent, as we grant you non-exclusive and non-transferable permission to use the "marks" from the Action Car Rental Logo section limited solely for your use in connection with this agreement. You are expressly and specifically not authorized to use any "marks" that are not listed on the Action Car Rental Logo section. You shall use the "marks" as directed by us with respect to style and appearance. You may not modify, change or redesign the "marks", and you are prohibited from downloading graphical images from the website. The "marks" may not be used in association with any marks, logos or indications or origin, which are not owned by Action Car Rental. The "marks" are the property of Action Car Rental and through such use you will neither be entitled to nor establish any rights to the "marks". During the term of the agreement, you grant us a non-exclusive, non-transferable right to utilize your name, title, and logo, upon your approval, in any marketing or sales promotions that we may originate to publicize our rights under this Agreement. However, we are under no obligation to provide marketing or promotional programs under this Agreement.
C.) IDENTIFICATION: You may not make any press release with respect to this agreement or your participation in the program without our prior written consent. You may not in any manner misrepresent or embellish the relationship between you and us or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this agreement.
D.) RESPONSIBILITY FOR YOUR SITE: You are solely, independent of Action Car Rental, responsible for the content of any information that is contained on your website. You will defend, indemnify and hold Action Car Rental harmless from any and all claims, expenses liabilities that arise out of, or are alleged to arise out of the public's use of your website. We will monitor your site at any time to determine whether you are following the terms and conditions of this agreement and to provide you with our comments regarding your website, however, we have no obligation or responsibility to monitor your website. You are responsible for the content of your website and must comply with the terms and conditions of this agreement.
E.) POLICIES AND PRICING: Customers who book vehicle rentals through the program via your website are considered Action Car Rental customers. Action Car Rental policies, rules, requirements, and procedures relating to vehicle rentals apply to those customers. Action Car Rental may change rates, policies, and procedures from time to time without notice.
F.) LINKING TO THE ACTION CAR RENTAL WEBSITE: Each Affiliate shall be assigned a unique tracking number. The link from your site to the Action Car Rental website contains a special format that includes your unique tracking number. Therefore, every time a customer follows one of these links to the Action Car Rental website, the tracking number tells us which affiliate sent the customer to our link. We are not liable to you for any lost commissions resulting from your failure to link to the Action Car Rental website properly. You will not need to update your links to the Action Car Rental website.
G.) COMMISSIONS: Action Car Rental will pay you $3 USD commission on time and mileage for each completed vehicle rental that results from a reservation booked through your link to the Action Car Rental website. For a vehicle rental to be considered as a completed vehicle rental, the customer must physically rent the vehicle from one of the Action Car Rental offices at , New York. No other products, services, or options offered on the Action Car Rental website are eligible for commission. Commission payments will be made via check and mailed to the affiliate name and address list on your application within thirty (30) days from the date of the completed vehicle rental. You must accrue a minimum of $50.00 in commissions to receive a check. In the event you do not accrue $50.00, your commission will be rolled into the following payment period until the total commission due reaches or exceeds $50.00. The commissions are paid once a month. At the end of the calendar year, all commission payments will be issued regardless of the amount owed. If this agreement is terminated, any commissions due at the time of termination will be paid following payment period. At the end of the calendar year, Action Car Rental will send the affiliate the applicable forms for payment of taxes on commissions earned during the previous calendar year. It is the responsibility of the affiliate to pay all applicable taxes on commissions earned from Action Car Rental.
H.) INDEPENDENT CONTRACTOR: You acknowledge that you are an independent contractor and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales, representative or employment relationship between the parties. You shall hold Action Car Rental harmless and will indemnify Action Car Rental from any claims or damages arising from your participation in this program, your operation of your website or any debts incurred by you.
I.) LIMITATIONS OF LIABILITY: In no event shall either party be liable to the other party under contract, negligence, strict liability or other legal theory for any special, indirect to supplemental damages arising out of or related to the subject matter of this agreement.
J.) WARRANTY: Action Car Rental makes no express or implied warranties or representations with respect to the program, including any representations that the operation of the website will be uninterrupted or mistake-free. Action Car Rental will not be held liable for consequences of any interruptions, errors or acts of God or individuals not qualified to rent a vehicle.
K.) INDEMNIFICATION: In the event of any claim by any third party against you arising out of a breach of Action Car Rental's warranty contained in Section M you shall defend such claim, suit or action in Action Car Rental's name but at your expense. You will indemnify and hold harmless Action Car Rental from any judgment, liability, loss, cost, or damage arising from or related to such claim, whether or not such claim is successful.
L.) AGREEMENT MODIFICATION: Action Car Rental reserves the right to modify the terms and conditions contained in this agreement, at any time and at our sole discretion. Action Car Rental will notify you of any revisions by posting a notice on the Action Car Rental website. Modifications may include but will not be limited to revisions in commission payments, payment procedures, and program rules. If any of these modifications were unacceptable to you, your only recourse would be to terminate this agreement. Your continued participation in the program following the effective date of the posted revisions will indicate your acceptance of these changes.
M.) TERM and TERMINATION: The term of this agreement begins with the submission of your affiliate application. The agreement will be month to month, and either party can terminate this agreement with a thirty (30) day written notice. The terminations can occur with or without cause. Action Car Rental will send notice of termination by E-mail and the United States Post office, mailed to the addresses as presented in the Affiliate program information page. Notices to Action Car Rental Inc., must be sent by E-mail and conventional mail to Action Car Rental Inc., 300 Mercer St., New York, New York, 10003-6810, United States.
N.) APPLICABLE LAW: Action Car Rental, Inc., is a New York corporation. This agreement will be governed by and interpreted in accordance with the laws of the State of New York. You consent to this exclusive Jurisdiction in the state or federal courts located in New York.
O.) ASSIGNMENT AND WAIVER: You may not assign your rights or obligations under this agreement to any party. If Action Car Rental fails to enforce strict compliance of any provision of this agreement, it will not constitute a waiver of Action Car Rentals' right to successfully enforce such provisions or any other provision of this agreement.
