Promoter Agreement — Take You on Vacation
This Promoter Agreement ("Agreement") is entered into as of the date of electronic acceptance between Alternative Synergies LLC, d/b/a "Take You on Vacation" ("TYOV," "we," "us") and the individual or entity accepting ("Promoter," "you").
1. Purpose
TYOV operates a promotional program (the "Promotion") in which eligible members of a Promoter’s audience may claim a complimentary Hotel Savings Card (the "Certificate") supplied and fulfilled by a third-party incentive provider ("Supplier"). This Agreement governs the Promoter’s limited right to promote the Promotion. The Promoter is a marketing referrer only and is not a distributor, reseller, or agent of TYOV or the Supplier.
2. Definitions
"Certificate" — the promotional Hotel Savings Card offered through the Promotion, subject to its own Recipient Terms. "Recipient" — an end consumer who claims a Certificate. "Claim Page" — the TYOV-controlled web page where a Recipient submits their information and consent; only TYOV (through the Supplier) issues Certificates. "Promoter Materials" — any content the Promoter creates or publishes referencing the Promotion, TYOV, or the Certificate.
3. Appointment & Limited Grant
TYOV grants Promoter a limited, non-exclusive, non-transferable, revocable right to promote the Promotion by directing their audience to the Claim Page, solely as permitted here. Promoter does not receive, hold, distribute, sell, or redeem Certificates and acquires no distribution or reseller rights. Promoter may not assign, sublicense, or transfer any right under this Agreement to any other person or entity.
4. The Promotion
TYOV will select up to twenty (20) Promoters. Each selected Promoter is allotted up to two hundred (200) Certificate claims, subject to availability and TYOV’s sole discretion; TYOV may adjust, pause, refill, or withdraw an allotment at any time. The Promotion is intended strictly to help the Promoter promote their own channel and grow their audience, and may not be used for any other commercial purpose without TYOV’s prior written consent. The Promotion is offered for a limited time and may be modified or ended by TYOV at any time.
5. Promoter Obligations & Restrictions
- Promotional use only. The Certificate may not be sold, bartered, auctioned, exchanged for cash or other goods/services, or used for any commercial purpose except promoting the Promoter’s own channel.
- No personal use / no self-redemption. Promoter will not claim or redeem Certificates for themselves, their household, employees, family, or friends.
- Recipients redeem themselves. Each Recipient must complete the claim and redemption process personally, on the Claim Page.
- No purchase required. The Certificate must always be claimable without any purchase or payment to the Promoter, and will not be structured as a prize drawing, sweepstakes, or lottery.
- Honest, approved messaging. Promoter will describe the Promotion honestly and completely, without embellishment, distortion, or misrepresentation, and will not promote any retail or cash "value" for the Certificate, nor the brand names, logos, or identities of any participating hotels, resorts, or Supplier vendors.
- No modification. Promoter will not alter the Certificate, the offer, its terms, or any TYOV-provided materials.
- Marketing pre-approval. Before publishing, Promoter will submit all Promoter Materials to TYOV for written approval, and will use only approved materials.
- Required disclosure. Promoter will clearly and conspicuously disclose the promotional relationship in every promotion (e.g., "#ad," "paid partnership," or "TYOV promotional partner"), in caption and, where applicable, on-screen/in-video, in compliance with FTC endorsement guidelines.
- Anti-spam & consent. Promoter will not send unsolicited messages. All Recipient contact consent is captured by TYOV on the Claim Page; Promoter will not collect, submit, or hand TYOV any audience contact lists. Promoter will comply with the TCPA, CAN-SPAM, and all applicable privacy laws.
- Legal compliance. Promoter will comply with all applicable federal, state, and local laws, platform policies, and any additional rules TYOV or the Supplier sets from time to time.
6. Relationship of the Parties
Promoter is an independent contractor. Nothing here creates an employment, agency, partnership, or joint-venture relationship. Promoter has no authority to bind or incur any obligation on behalf of TYOV or the Supplier.
7. Intellectual Property; Leads
TYOV grants a limited, revocable license to use TYOV-provided names, logos, and approved materials solely to promote the Promotion. All goodwill inures to TYOV. All Recipient data and leads generated through the Promotion are owned exclusively by TYOV.
8. Confidentiality
Promoter will keep non-public information about TYOV, the Supplier, the Promotion, and its terms confidential, and will not use it except to perform under this Agreement.
9. Term & Termination
This Agreement begins on the Effective Date and continues until terminated. TYOV may suspend or terminate this Agreement, and void any non-activated Certificates, at any time and in its sole discretion, including for any breach, misuse, misrepresentation, or reputational risk. On termination, Promoter will immediately cease all promotion and use of TYOV materials.
10. Indemnification
Promoter will indemnify, defend, and hold harmless TYOV, the Supplier, and their officers, agents, and representatives from any and all claims, damages, penalties, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) Promoter’s breach of this Agreement; (ii) Promoter’s promotion or conduct; or (iii) any misrepresentation or violation of law by Promoter or its agents.
11. Disclaimer & Limitation of Liability
The Promotion and Certificates are provided "as is." TYOV disclaims all warranties to the maximum extent permitted by law. TYOV will not be liable for indirect, incidental, consequential, special, or punitive damages, or for lost profits or goodwill, arising out of this Agreement or the Promotion.
12. Supplier Terms (flow-down)
Promoter acknowledges the Certificates are supplied under third-party Supplier terms and that TYOV’s own rights are promotional/distribution only, with no resale rights. Promoter agrees to all restrictions in this Agreement, which pass those limits through to Promoter, and to any further parameters TYOV or the Supplier imposes.
13. Governing Law & Venue
This Agreement is governed by the laws of the State of Florida, without regard to conflict-of-laws rules. Exclusive venue for any dispute lies in the state or federal courts located in Orange County, Florida, and the Parties consent to that jurisdiction.
14. Miscellaneous
This Agreement is the entire agreement and supersedes prior understandings. TYOV may amend by posting or notice. No assignment by Promoter without TYOV’s written consent. If any provision is unenforceable, the rest remains in effect. No waiver unless in writing.
15. Acceptance & Electronic Signature
By checking the acceptance box and typing your full legal name, you agree you have read, understood, and are legally bound by this Agreement, and that your typed name is your electronic signature under the E-SIGN Act and applicable law.
Certificate Terms — what your audience receives
The $200 Hotel Savings Card provides savings toward hotel accommodations the Recipient books and pays for themselves — it is not cash and not a free stay. No purchase necessary; one per household; the Recipient is responsible for taxes, fees, and other travel costs; no cash value; non-transferable; single-use; and subject to availability and the fulfilling provider’s own terms, presented at redemption.