Affiliates Agreement
Date and Place of Publication: Cancún, Quintana Roo, October 6, 2024.
We appreciate your interest in the Bluestay affiliate program; our affiliates are a fundamental part of our business. This agreement has been created to protect you, Bluestay, and our mutual clients. We ask that you read it carefully. If you have any questions, please feel free to contact us at: callcenter@bluestay.com.mx.
Affiliate Agreement
This document establishes the terms and conditions for participating in the Bluestay affiliate program. In this context, the term "Affiliate" refers to you (the applicant). "Bluestay" refers to Bluestay, whose legal name is SIMEYA S.A.P.I. DE C.V., legally incorporated in Cancún, Mexico, with whom you establish this agreement. By applying to join the Bluestay affiliate program, you confirm that you have read this agreement and accept its terms and conditions.
Commissions
For a sale to generate a commission for an Affiliate, the customer must complete their reservation and make the full payment for the product. This can be verified on our platform when the reservation status appears as "confirmed." Commissions will only be paid on sales made when the customer clicks on your correctly structured "Affiliate Link." The correct coding of links is the sole responsibility of the affiliate. If sending a payment link to the end customer, it must be generated from the Affiliate's account. Other payment methods may be made available to the Affiliate upon request (e.g., cash collections at the accommodation, customer payments to the experience provider, balances, among others); please contact your assigned Bluestay representative for the request. Bluestay will share the list of "Net Prices" with new Affiliates so they can review the overall commission for each experience; experiences, prices, descriptions, and commissions may change without notice. The "Commission Report" will be sent to the Affiliate on a biweekly or monthly basis (if there are reservations), although it may take longer if delays are experienced due to internal or external reasons.
Payments
The "Commission Report" only includes sales for which the experience was completed by the end customer in that time period (in the past), meaning sales made during that period for which the experience date has not yet occurred will not appear. An Affiliate may request payment when their minimum balance reaches $10 USD. Payments may be requested once the Affiliate receives their "Commission Report." Processing of payments may take up to 7 days from the date of the request. Generally, payments will be made via interbank transfer. It is the Affiliate's responsibility to provide the correct banking information to which the commission amount will be transferred. If the Affiliate is a company with more than one employee, it may be requested that the commission be sent directly to them; please contact your assigned Bluestay representative if this is required. The exchange rate stipulated for the payment will be shared with the Affiliates in the list of "Net Prices."
Refunds and Chargebacks
In the event that an end customer requests a refund or generates a chargeback with their banking service provider, the sale will enter a dispute process. If the dispute is resolved in favor of the end customer, any commission earned by the Affiliate on the amount of the refund will be deducted from the Affiliate's balance.
Use and Obligations
Affiliates may use the Bluestay brand and marketing resources shared by Bluestay. Logos and other assets may not be modified. The Affiliate does not acquire any trademarks, copyrights, or other rights over these materials.
The Affiliate must not give the impression of acting on behalf of Bluestay nor promote themselves as an employee or representative of Bluestay.
The Affiliate must not represent themselves, Bluestay, or their relationship with Bluestay in a false or misleading manner.
The Affiliate must not participate in the distribution of unsolicited mass emails (spam) that mention or reference Bluestay.
Duration and Termination
Either party may terminate this agreement immediately and without prior notice.
If the Affiliate decides to terminate the agreement, no further commissions from Bluestay will be paid for past or future transactions of customers.
If Bluestay decides to terminate the agreement, any balance greater than $0.01 USD will be paid to the affiliate within 30 days following the termination. Balances less than $0.01 will be forfeited.
Jurisdiction and Governing Law
This Agreement shall be governed and interpreted in accordance with the laws of the State of Quintana Roo, Mexico. For the resolution of any controversy or dispute arising in connection with this Agreement, both parties submit to the jurisdiction of the competent courts of Cancún, Quintana Roo, expressly waiving any other jurisdiction that may correspond to them.
Modification
We reserve the right to modify any of the terms and conditions of this Agreement at any time and at our sole discretion. These modifications may include, among others, changes in the scope of available commissions, commission schedules, payment procedures, and rules of the Affiliate Program.