This Premium Membership Agreement ("Agreement") is made and entered into by and between CITYKEY LLC (DBA HotelTechReport), and the subscribing entity ("Member"). This Agreement sets forth the terms and conditions under which Member agrees to subscribe to and use the Company's Premium Membership services.
1. Agreement to Terms
By subscribing to HotelTechReport's Premium Membership, Member agrees to be bound by this Agreement. If Member does not agree with any part of this Agreement, Member must not subscribe to or use the Premium Membership services.
2. Membership Plans
Premium Membership is available in various plans, each offering different levels of benefits and services. Details of the specific features included in each plan are provided on the Company's website. The Company reserves the right to modify the benefits and pricing of these plans at any time.
3. Renewal and Campaign Execution Policy
All subscriptions shall automatically renew for successive terms unless the client provides written notice of cancellation prior to the applicable renewal date, in which case cancellation shall take effect at the conclusion of the then-current term. HotelTechReport (“HTR”) shall provide written notice of renewal no less than thirty (30) days prior to the renewal date; however, failure by the client to receive or acknowledge such notice shall not affect the validity of the renewal. Any request for a refund of a renewal charge must be submitted in writing within seven (7) calendar days following the date of such charge, and all renewal charges not disputed within such period shall be final, non-refundable, and irrevocable. Following renewal, HTR may, but shall not be obligated to, consult with the client regarding campaign planning and execution, and any assistance provided shall not be deemed a guarantee of performance, results, or outcomes. If the client fails to timely select, approve, or confirm campaign deployments within sixty (60) days following renewal, the client hereby authorizes HTR, in its sole and reasonable discretion, to deploy campaigns on an auto-pilot basis using available credits, and to complete such deployments without further client approval, provided that HTR shall make reporting available to the client upon completion of such campaigns. The client may request modifications or reallocations of campaigns scheduled to commence sixty (60) days or more in the future, provided that any such request shall be subject to HTR’s written approval, product availability, and applicable policies, and HTR shall have no obligation to approve such modifications.
4. Membership Benefits
Access: Premium Membership benefits are available only to the Member and their designated team members. Benefits are not transferable to other parties.
Changes: The Company may modify or discontinue certain benefits at any time. Members will be notified of significant changes in advance.
5. Usage and Conduct
Compliance: Members must comply with all applicable laws and regulations while using the Premium Membership services.
Prohibited Activities: Members are prohibited from engaging in activities that harm or disrupt the HotelTechReport platform or other users, including but not limited to spamming, hacking, and distributing malware.
6. Intellectual Property
All content, tools, and resources provided as part of the Premium Membership are the intellectual property of the Company. Members are granted a limited, non-exclusive license to use these resources for their own business purposes. Unauthorized reproduction, distribution, or modification of these resources is prohibited.
7. Limitation of Liability
The Company shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the Premium Membership services, even if advised of the possibility of such damages. The Company's total liability for any claims related to the Premium Membership services shall not exceed the amount paid by the Member for the membership during the 12 months preceding the claim.
8. Governing Law
This Agreement is governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
9. Amendments
The Company reserves the right to amend this Agreement at any time. Members will be notified of any significant changes, and continued use of the Premium Membership services after such notification will constitute acceptance of the new terms.
10. Transferring Agency Credits
Gold and Platinum Premium Membership plans are steeply discounted, offering up to 55% off standard rates. Due to these substantial discounts, the following limitations apply:
Usage Limitations: Packaged memberships may use no more than 30% of total package credits towards Cost Per Acquisition (CPA) campaigns and sponsored retargeting collectively.
Non-Transferability: Agency credits and posting credits included in these specifically designed and discounted plans are non-transferable into pay-per-click credits or lead credits. These credits are to be used solely within the scope of the benefits provided in the respective membership plans.
11. Market-Based Repricing of Ad Products
HotelTechReport invests significant resources in traffic generation ranging from search engine optimization to paid traffic acquisition, technical advancements, software tools, email campaigns, and more. From time to time, HotelTechReport must reprice ad products based on shifting customer acquisition costs to match market conditions. This means that any usage of credits will be debited at the market rate at the time of use. For example, if the cost of an eblast campaign at the time of membership purchase is $7,000 and is repriced to $7,500 four months later to meet market conditions, and the Member uses those credits five months into the membership, that eblast will deduct $7,500 from the Member's agency services credit balance to reflect current market pricing. Repricing of ad products will occur no more than once per annum.
12. Advertiser Guidelines and Policies
Members agree to abide by the Company's advertiser guidelines and policies. These guidelines and policies are designed to ensure a fair and transparent marketplace, and adherence to them is a condition of maintaining Premium Membership status.
13. Mergers and Acquisitions
In the event that a Member is acquired by another company, the acquiring company will retain the benefits of the Premium Membership for the duration of the current membership term. However, any credits associated with the Premium Membership may not be transferred to another company account.
By subscribing to HotelTechReport's Premium Membership, Member acknowledges that they have read, understood, and agree to be bound by this Agreement.