DISCOUNTED HOST REGISTRATION
DISCOUNTED HOST AGREEMENT
This HOST AGREEMENT is made between you (“you” or “Host” or “Hosts” or “Members”) and Cerulean Blue Enterprises (“CeruleanBlue”) as of the date you agree to these terms for the designated services (“Services”).
Services and Fees. In exchange for the applicable fees paid by you, CeruleanBlue will publish trip (“Trip” or “Event”) listings (“Listings”) on our web site, grant you access to our Bookings application for collections and management of payments, and provide promotional support of the Basic Package (“Basic Package”) as described on the CeruleanBlue web site.
Term. This Agreement shall begin upon the date of posting a trip on the CeruleanBlue web site and will continue until the earlier of when the Services are completed (“Term”), which shall be the later of the date that an Event is sold out or the date of the Event.
Discounted Host Service Fee: Host agrees to pay CeruleanBlue a 10% fee on all gross amounts collected from or paid by a Traveler through CeruleanBlue in connection with the booking, deposit, or similar reservation for a Trip or Event.
You are hereby agreeing to all such fees and liabilities associated therewith. Changes to fees associated with CeruleanBlue’s services are effective after CeruleanBlue provides you with at least fourteen (14) days’ notice in writing (email communication is acceptable). If you do not agree to such changes, you may cancel your Listing; however, commissions and fees collected prior to the date of cancellation are not refundable.
Payment Processing. Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service: By agreeing to these terms or continuing to operate as a Host you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of CeruleanBlue enabling payment processing services through Stripe, you agree to provide CeruleanBlue accurate and complete information about you and your business, and you authorize CeruleanBlue to share it and any transaction information related to your use of the payment processing services to Stripe if requested. CeruleanBlue will not be responsible for any payments not received for an Event or Trip or delays in payment processing via Stripe.
Promotional License. Host hereby grants CeruleanBlue a non-exclusive, royalty-free license to use any images in the Listing for promotional purposes across any platform owned or operated by CeruleanBlue. Additionally, Host agrees to provide a professional photo of the Host’s leadership individual or team and/or logo, and grants a non-exclusive, royalty-free license to CeruleanBlue for the use of said photos for promotional purposes across any platform owned or operated by CeruleanBlue.
Liability. Host assumes all liability and responsibility for its Listing, and acknowledges that it is solely liable for the accuracy and content of its Listing and any liabilities or other obligations associated with its Listing. Host shall indemnify, defend and hold CeruleanBlue harmless from any claims, costs or liabilities incurred by CeruleanBlue arising from Host’s Listing. Host assumes all liability and responsibility for its Trip and any claims relating to the Trip. Host shall indemnify, defend and hold CeruleanBlue harmless from any claims, costs or liabilities incurred by CeruleanBlue arising from the Trip.
Transfer of Funds. All payments collected will be distributed in a single, bulk transaction to Host. This transaction will occur 60 days prior to the start date of the Trip or Event. Host is responsible for any wire transfer fees associated with the distribution of funds. If any payments are made through CeruleanBlue within 60 days of the start date of the Trip, these payments will be distributed to Host as soon as funds become available.
Host may cancel the Trip or Event at any time. In the event of cancellation prior to the bulk distribution of payments to Host (occurring 60 days prior to the start date of the Trip or Event), CeruleanBlue will process refunds to Travelers who have registered for the Trip or Event. CeruleanBlue is not due the commission fee when a Trip is cancelled prior to the bulk distribution of payments to Host (occurring 60 days prior to the start date of the Trip or Event).
If Host cancels the Trip or Event after the bulk distribution of funds to Host (occurring 60 days prior to the start date of the Trip or Event), CeruleanBlue is not responsible for processing refunds. Host shall be responsible for notifying all those who have registered for the Trip and Event, and issuing all refunds relating to an Event, including all associated fees such as wire transfer fees, credit card fees, etc. The 10% commission fee collected by CeruleanBlue is not refundable in this instance. Host assumes all liability for damages or claims that may be made in association with cancelling an Event or Trip.
Pricing. Host agrees to maintain consistency in pricing; the price published on Host web site, brochures and promotional marketing shall be the same as the price published on CeruleanBlue.
Non-Circumvention. Host covenants not to circumvent, avoid, or bypass CeruleanBlue, directly or indirectly, to avoid payment of fees or commissions in any transaction with any other person, user, or their affiliates, agents, representatives, revealed through use of the CeruleanBlue Site, either directly or indirectly. In the event of circumvention by Host, or any person or user as described herein, Host agrees to pay CeruleanBlue an amount equal to the maximum possible commission, that CeruleanBlue would be have been entitled to should the Event have sold a maximum capacity, plus all attorneys’ fees and costs associated therewith. If no maximum compensation, commission, or fee is set by agreement, then the damages shall be determined by an appropriate court of law.
Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior verbal and written agreements and understandings relating to such subject matter.