UPDATED — JUNE 27, 2024
Unique Travel Corp. ("UTC"), the exclusive worldwide marketing, sales and reservations representative of Sandals Resorts and its affiliates, Beaches Resorts (collectively the "Resorts") has established the following terms and conditions (these "Terms and Conditions"). These Terms and Conditions apply to our travel advisors ("Travel Advisors") and will govern co-branding, marketing and the general selling status of the Resorts and its respective products and services along with additional advisories.
Use of any websites or online marketing for the Resorts require our Travel Advisors to strictly adhere to the following:
1.1 Booking/Reservation. If your website provides for online reservations, you will be contacted by email when a co-branded booking has been made through your website. This will enable you to keep track of "pending bookings" made via your co-branded site within the "Pre-Registration" section of the Travel Agent Portal ("TA Portal"). For all "pending bookings" UTC will handle all documentation, payments or changes required on the reservation. Due to privacy laws, you are strictly prohibited from contacting, or even attempting to contact the guest or manipulating the reservation in any way.
1.2 Resorts’ Trademarks Prohibited in Sponsored Advertisements. Use of the Resorts’ trademarks in any manner that may cause confusion as determined in the sole discretion of UTC, is strictly prohibited. To the extent that you use sponsored advertisements in connection with online search engines (e.g., Google Adwords advertisements) you must strictly adhere to the requirements in Section 3 below however, several requirements are highlighted within this sub-clause:
(a) Your agency name or website URL must be prominently displayed;
(b) any use or display the website addresses of www.sandals.com or www.beaches.com is strictly prohibited; or
(c) any display of any Resort Trademark, or anything confusingly similar thereto, is strictly prohibited.
1.3 Framing Prohibited. Taking or using the Resorts’ website (www.sandals.com) or Beaches (www.beaches.com) and placing them within an "iframe" on your website or a third party website is strictly prohibited.
1.4 Commission Payments Dependent Upon Cookies. Commission payments are dependent on the usage of website tracking codes and browser cookies. The technology is subject to error and/or software failure, however, measures will be provided to attempt to prevent errors or failure. Nevertheless, UTC, its affiliates and the Resorts are not responsible for any payments or commissions lost due to technology and/or software failures or errors.
2.1 Other than those that UTC has authorized, Travel Advisors are not authorized to offer or advertise reservations or packages for the Resorts that directly or indirectly identify prices, price terms or equivalent offers or otherwise confuse the marketplace or the consumer with marketing practices using terms such as "lowest price guarantee."
Solicitation, distribution and posting of materials on-property is not allowed. Additionally, solicitation on the Resorts’ social media platforms is strictly prohibited.
4.1 Travel Advisors agree not to use the Trademarks or anything confusingly similar thereto in the name, username, account name, profile name, screen name, or anything similar of any form of social media or social networking websites (including by example but not limited to Facebook, Pinterest, Twitter, LinkedIn, or "fans of" social media pages, etc.), blogging and community websites (including but not limited to BlogSpot.com, Wordpress.com, etc.), video websites (including, but not limited to YouTube, Vimeo, etc.), or any other website operated by a third party, directly or indirectly controlled or posted by the travel agency.
4.2 Travel advisors shall not use any social media or "fans of" social media pages or social networking websites or undertake any other activity that is likely, in UTC's sole discretion, to confuse consumers as to whether the Travel Advisor is acting on behalf of the Resorts or is endorsed by the Resorts.
4.3 For any violation of the social media, "fans of" social media pages or social networking websites requirements, your agency must, at UTC's sole discretion, disable or transfer exclusive control of any non-conforming name, username, account name, profile name, screen name, or anything similar on any social media or social networking website or display if allowed by the operator of such website within five (5) business days of the date of notice by UTC.
4.4 Travel Advisors agree to never contact a user from the Resorts’ social media platforms. This includes responding directly to comments or private messaging of users found on the Resorts’ social media platforms. Offenses can result in immediate termination of the Travel Advisor’ s ability to sell the Resorts’ products and services.
4.5 Travel advisors shall only post to pages, channels, accounts, blogs, and the like that are publicly accessible and are not private or restricted.
4.6 Travel Advisors are prohibited from providing money, or any other form of material compensation to any person or a third party making an endorsement if such person is not clearly identified as a travel advisor or other travel professional that is typically compensated/rewarded to sell and/or promote travel.
4.7 Travel Advisors are forbidden from encouraging or requesting persons to recommend their services on platforms that are operated by the Resorts.
4.8 Travel Advisors shall refrain from posting in general forums, chat groups or platforms ("by way of answering questions") operated by the Resorts as this is considered a form of solicitation.
4.9 Travel Advisors shall not reference past, present or future clients nor specific bookings, potential bookings or hypothetical bookings on platforms that are operated by the Resorts.
4.10 Text ads show above and below search results as well as in the news feed on social media. These ads are made up of three main parts: (i) headline; (ii) a display URL and (iii) description text. Travel Advisors shall not include Sandals Resorts or Beaches Resorts in the ad title (headline) or ad copy (description) nor display URL. The agency name must appear in the ad.
4.11 Travel advisors shall not include Sandals Resorts or Beaches Resorts URL in any paid ad (www.sandals.com or www.beaches.com cannot appear in the ad).
5.1 As a travel partner, you grant UTC, including but not exclusive to, its affiliates, authorized representatives, directors, officers, employees, agents, successor and assigns (the "Released Parties"), the royalty free right and license to use your name, biography and likeness, including but not limited to, reproduction of photographs, negatives or positives, digital and proofs, (in which your image may appear), (individually and collectively, "TA Likeness"), for marketing purposes on social media and other media now known or hereafter created and internal reports on behalf of Sandals and Beaches Resorts
5.2 TA further agrees and acknowledges that there is no expectation of any payment in return for such license and the use of the TA Likeness and by this section shall release, discharge, and hold harmless the Released Parties from any claim for compensation arising from the license granted herein.
6.1 As a Travel Advisor, you represent and warrant that you shall not:
(a) use, buy, bid on or register keywords that include or incorporate the (a) registered trademarks owned by Sandals Resorts, such as but not limited to Sandals®, Beaches®, Weddingmoon®, Familymoon®, Luxury Included®, or (b) Resorts' website addresses, such as but not limited to of www.sandals.com, or www.beaches.com, or (c) individual resort property names (collectively, the "Trademarks"), or any misspelling or substantially similar or confusingly similar variation thereof, for use in any form of pay-per-click or search engine advertising (Examples include but are not limited nor exclusive to Google Ads, Microsoft/Bing Ads, etc.). This condition also applies to Meta Auctions (Examples include but are not limited nor exclusive to TripAdvisor, Kayak, Trivago, and Google Hotel Ads).
(b) display or cause to be displayed, in any context or manner, the Trademarks in any cost per click search engine advertisement.
(c) use the Trademarks or anything confusingly similar thereto in any domain name or register a domain name that contains the Trademarks or anything confusingly similar thereto.
(d) bid on any brand-related terms that include "Sandals" or "Beaches" in the search term string.
(e) without limiting the foregoing you further represent and warrant that you shall add the following list of terms as negative keywords ("Phrase Match Negatives") to prevent a search engine from triggering an advertisement when a search is conducted for any of the following terms (the aforementioned also applies to using any negative keywords together with non-mentioned or referenced terms):
(i) Sandals Resorts
(ii) Beaches Resorts
(iii) Sandals Resort
(iv) Beaches Resort
(v) Sandals
(vi) Beaches
(vii) Sandels
(viii) www.sandals.com
(ix) www.beaches.com
6.2 As a Travel Advisor, you agree that damages for the unauthorized use of the Trademarks are difficult to calculate and therefore you agree to pay liquidated damages of $1000 per day for the violation of Sections 1.2 or 4.1. Payment of the liquidated damages for the first violation of Sections 1.2 or 4.1 will not become due and payable if, within five (5) days of the Travel Advisor being notified of the violation, the Travel Advisor ceases all violations of Sections 1.2 or 4.1.
6.3 Consistent with the prohibition of registering or using the Trademarks or anything confusingly similar thereto in any domain name, you hereby agree to promptly transfer, without compensation, any domain name registered in violation hereof.
6.4 Hashtags not created by Sandals or Beaches Resorts may not include Sandals or Beaches Resorts trademarks. Travel Advisors may use official Sandals or Beaches hashtags for Sandals or Beaches resorts campaigns, events, and celebrations.
7.1 Travel advisor may promote the Resorts via their website(s) and online marketing material(s) by using the logos, graphics, and images available under the " link (found on the TA Portal). The use of any other logos, graphics, or images of the Resorts is strictly prohibited. Additionally, Travel Advisors may post, via social media pictures which they have taken, provided they are not defamatory or disparaging in any way whatsoever. Furthermore, Travel Advisors acknowledge that the logos, graphics, and images (including without limitation, all content, text, images, media, pictures and other materials available under the Logos & Images link) are proprietary to or licensed by UTC, protected under copyright and other intellectual property laws, and may not be reproduced, transmitted, displayed, published or distributed in any way inconsistent with these Terms & Conditions without the express prior written consent of UTC.
7.2 Logos, graphics and images downloaded from the Logos & Images link can only be used to promote the Resorts, and cannot be used with materials that promote anything in addition to the Resorts. The Resorts' logos shall not be used on any materials that do not also contain the travel agency's logo, which must be larger and more prominent than the Resort's logos. At no point should the use of logos, graphics or images be used in a way that may confuse consumers as to whether the travel agency is acting on behalf of the Resorts or is endorsed by the Resorts.
7.3 The Resorts' logos cannot exceed 200 pixels in width by 100 pixels in height. Although the Resorts' logos and images can be reduced in size, they cannot be cropped, enlarged or modified in any other form or fashion.
7.4 By using any of the Resorts' logos, images and graphics you agree to strictly adhere to all of the Terms and Conditions listed on the Resorts' website and the TA Portal. You understand and agree that the Resorts undertake and accept no financial responsibility or liability to or on behalf of your agency.
The Resorts have instituted a "Travel Advisor Code of Conduct" and will require all Travel advisor partners to sign and deliver the "Travel Advisor Code of Conduct" prior to any and all visits to Resorts' properties. The "Travel advisor Code of Conduct is attached hereto and incorporated into these Terms and Conditions.
9.1 These Terms and Conditions are subject to change at any time. UTC may revise and update these Terms and Conditions from time to time in UTC's sole discretion. All changes are effective immediately when posted to the TA Portal. Your continued co-operation as a Travel Advisor following the posting or notification of any revision or amendment to these Terms and Conditions means that you accept and agree to the changes.
9.2 Failure to comply with these Terms and Conditions herein may result in an immediate termination of your ability to sell the Resorts' products and/or services. UTC further retains the right at all times to cancel, modify or terminate these Terms and Conditions herein or any program, at our sole discretion, without notice.
10.1 UTC may terminate the Travel Advisor's ability to sell the Resorts' products at any time without cause or reason by giving written notice of termination.
11.1 The Travel Advisor shall immediately cease and desist from advertising, utilizing or posting all Trademarks inclusive of images and the logos associated with Sandals® and Beaches® Resorts on all travel advisor partner website(s), social media forums, letterhead, on printed marketing and advertising materials and media in all forms.
11.2 The Travel Advisor shall no longer utilize, advertise, market or display all awards and designations previously granted on behalf of any of the Resorts or by the chairman of the Resorts on all Travel Advisor's website(s), social media forums, letterhead, on printed marketing and advertising materials and media in all forms.
12.1 UTC retains the right to terminate the travel advisor partner status for any violation of the Terms and Conditions contained herein.
13.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith or in connection with its formation) shall be governed by and construed in accordance with the laws of the Republic of Panama. Each party hereby irrevocably consents to the exclusive jurisdiction of the courts of the Republic of Panama in connection with any claim, action, suit or proceeding relating to the subject matter herein.
13.2 UTC and/or its clients shall have the right to bring any action or proceeding deemed necessary for the unauthorized use of Trademarks or Resorts' marks or the breach of any of these Terms and Conditions and policies contained herein and shall have the right to obtain immediate injunctive relief against the Travel Advisor in addition to any other remedies available.
14.1 Travel Advisors shall abide by all Anti-Spam laws with regards to all emails sent to their respective clients or any client lists. Client emails must be opt-in clients. Travel Advisors must review and abide by the CAN-SPAM Act for U.S. based emails and the Canadian Anti-Spam Legislation (CASL) regarding Canadian email addresses. Travel Advisors further agree to indemnify, defend and hold harmless UTC, its affiliates, successors, assigns, and each of their respective officers, directors, employees and agents, from and against all liability, damages, loss, cost or expense, including but not limited to legal fees and costs, arising out of or in connection with the failure or the alleged failure of the Travel Advisor to comply with Anti-Spam Laws.
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