The following Agreement is for those users that are eligible for our PRO product (those doing 10 bookings or more per month) and Enterprise users (embedding our capabilities into your platform). By the use of the TripProximity™ Smart Trip Tool, you agree to these terms.
TripProximity PRO and Enterprise Services Agreement
This agreement is made between SOLUTIONZ INNOVATIONS LLC, a Florida company with offices at 3030 N. Rocky Point Drive West, Suite 150, Tampa, FL 33607 (“we” or “our”); and the entity that has embedded the TripProximity™ Smart Trip Tool in one or more places on your site(s) or blog(s) and that is classified as a PRO or Enterprise Client (“you” or “your”):
- Services: We will deliver to you the TripProximity Smart Trip Tool (“TripProximity”) for integration into your enterprise platforms, websites and applications (“Implementation”).
- Royalty: We will pay you a quarterly royalty for each consumed booking made through your Implementation by the 10th of the following month, including: (1) Base Royalty of 10% of booking revenues; (2) Opt-Out Client Bonus of 10% of booking revenues if Implementation is required or an opt-out basis to all clients; and (3) Volume Bonus of 5% of booking revenues for each month the number of bookings exceeds 250.
- Philanthropic Donation: We will make an annual donation in your name to a registered philanthropic organization of your choice equal to 10% of total consumed booking revenues.
- License Fees: TripProximity has an annual license fee of $3200, which is waived for each year your Implementation exceeds 120 bookings. Additionally, first-year license fees are waived if you: (1) Sign this Agreement within 15 days of receipt; and (2) Complete Implementation within 30 days of Agreement signature.
- Low-Rate Guarantee: If an End User finds a lower rate on another website for the same hotel, room, and date within 24 hours of booking, we will match the lower rate and pay the End User 110% of the difference, as set out in the General Terms.
- Support: We agree to (1) Appoint a dedicated Account Director to coordinate all communication and support requests; (2) Conduct an onboard Implementation Plan meeting; (3) Provide final testing assistance of your Implementation; and (4)
Provide ongoing support and 99.95% availability of TripProximity.
- Your Obligations: You agree to (1) Provide appropriate technical support to implement TripProximity within 15 days of the Implementation Plan meeting; (2) Provide appropriate marketing support to promote use of TripProximity; (3) Participate with your Account Director in quarterly reviews to expand the promotion and adoption of the Implementation; (4) Use TripProximity as your exclusive online booking tool for hotel, air, car rentals, and related travel services; and (5) If satisfied with TripProximity after 90 days of use, provide a testimonial and logo for display on our websites and internal marketing.
- Intellectual Property Rights: We either own or license all intellectual property rights in TripProximity and this Agreement does not give you any ownership interest.
- General Terms: You agree this agreement will also be governed by the General Terms required by our hotel inventory providers at http://tripproximity.com/legal. Words in this Agreement have meanings as set in the General Terms.
- Term: This Agreement has a renewable term of one year and includes termination provisions as set in the General Terms.
- Entire Agreement: This Agreement, together with the General Terms, represents the entire agreement between the parties regarding TripProximity. If there is any conflict between this Agreement and the General Terms, the former will prevail.