Affiliate Program

Jump Aboard our fleet!

Thank you for your interest in BoatCruiser’s Affiliate Program. Founded in 2019, BoatCruiser is the Number One Boat Experience In MIAMI. We provide Tours and Charters in Miami. Our fleet is growing and so is our crew, so join our affiliates program and help people get on the water today!

Affiliate Program Details

Commission Rate: Earn 5% commission from booked Tours, Private Tours, and Charters.

Cookie Length: 60 Days

Affiliate Management Team focused on success

Monthly Newsletters with promotions, incentives, and the latest offers designed to help affiliates earn higher commissions.

How Do I Join?

  • Fill out the form on our Affiliates Area Page
  • Your site will be reviewed for approval to join the Boat Cruiser Affiliates Program.
  • Once approved, you will have access to all the links, logos and banners for Boat Cruiser.
  • You will also have a full dashboard to track your conversion and links on the BoatCruiser website.
  • For help please email us at hello@boatcruiser.com or call us at +1 (786) 481-4559.

Affiliate Program Terms and Conditions

BOAT CRUISER AFFILIATE AGREEMENT & TERMS OF SERVICE WHEREAS : BOAT CRUISER provides services through the Website that, among other things, match Owners, Captains and Renters for Charter(s) through the Service and Affiliate has customers who may be appropriate candidates for BOAT CRUISER Service(s). WHEREAS : Affiliate desires to provide selected services on the BOAT CRUISER platform as set forth in the addendum attached hereto and incorporated herein (the “ Addendum ”) in return for which Affiliate will be paid a referral fee based on booking rates before fees and taxes.

1. Association and Duties.

(a) Whereas clauses are incorporated into this Affiliate Agreement by reference.

(b) The relationship of Affiliate to BOAT CRUISER is that of an independent Contractor. This arrangement will not establish and shall never be interpreted as establishing a partnership, joint venture, agency, employment, fiduciary relationship or franchise relationship between BOATSETTER and Affiliate.

(c) BOAT CRUISERmay contract with and/or otherwise appoint other Affiliate(s) within any territory and without any limitation whatsoever.

(d) Affiliate will abide by all BOAT CRUISER guidelines, procedures, policies including but not limited to the Terms of Service and Privacy Policy (the “ TOS ”) as set forth on the Website, as may be amended from time to time by BOAT CRUISER, at its sole discretion. Upon making any material amendments to the TOS, BOAT CRUISER will provide written notice of same to the Affiliate.

(e) The affiliate does not have the authority to accept any prospective Charter on behalf of BOAT CRUISER, and BOAT CRUISER is not required to accept any prospective Charter referred to it by Affiliate.

(f) The affiliate does not have any authority to bind BOAT CRUISER to any contract or obligation.

(g) Affiliate, in its reasonable discretion may elect not to provide services to a Charter. In the event that Affiliate declines to provide services to a Charter Affiliate must immediately notify BOAT CRUISER of that decision so that BOAT CRUISER may provide alternative arrangements for the Charter.

(h) Read Carefully: Affiliate will not promote, nor suggest to its customers or others that they charter boats or make their boats available for charter through any online service other than BOATCRUISER.com during the term of this Affiliate Agreement and for a period of one year thereafter. The parties hereto agree that this paragraph shall be given the broadest reading possible and shall be enforced to the greatest extent possible.

(i) Notwithstanding paragraph “h” or anything else to the contrary in this Affiliate Agreement, for Affiliates that own or operate their own boat(s) or any third party boat(s) (collectively, the “ Affiliate Fleet ”), Affiliate Fleet and charters of same through charter brokers or direct to consumer(s) will not be considered competitive with the Website, provided, however, Affiliate agrees they will not promote or suggest the Affiliate Fleet be listed with any online service that competes with BOAT CRUISER and will list the Affiliate Fleet (subject to boat owner consent) on BOAT CRUISER.

2. Intellectual Property.

(a) The Services and all BOAT CRUISER Content including but not limited to all intellectual property rights therein, are BOAT CRUISER’s exclusive property.

(b) Affiliate is hereby granted a nonexclusive, limited, nontransferable, freely revocable license to use the BOAT CRUISER Content for the purposes of introducing prospective users to and providing information about BOAT CRUISER in accordance with this Affiliate Agreement and for providing the services set forth in this Affiliate Agreement and Addendum. This license will terminate automatically upon termination of this Agreement. Affiliate is not required to pay to BOAT CRUISER any royalty or fee for use of any of BOAT CRUISER’s trade or service marks during the Term of this Affiliate Agreement.

(c) Affiliate’s logos, patents, trademarks, service marks, copyrights, photographs, and all intellectual property rights therein or relating to Affiliates or related entities, are Affiliate’s exclusive property.

3. Indemnity.

(a) BOAT CRUISER will indemnify Affiliate against any loss, liability or expense, including reasonable attorneys’ fees for any loss, liability or expense directly incurred by Affiliate as a result of a grossly negligent act, omission or material violation of law solely by BOAT CRUISER.

(b) Affiliate will indemnify, defend and hold BOAT CRUISER harmless against any loss, liability or expense, including reasonable attorneys’ fees incurred by BOAT CRUISER arising out of, or relating to, Affiliate’s breach of this Affiliate Agreement, and / or Affiliate’s negligence or omission, or violation of law by Affiliate in connection with Affiliate’s performance of this Affiliate Agreement.

4. Representations and Warranties.

(a) Each party represents and warrants to the other party that:

  • Such party has the full corporate right, power, and authority to enter into this Affiliate Agreement and to perform the acts required of it hereunder.
  • The execution of this Affiliate Agreement by such party and the performance by such party of its obligations and duties hereunder does not and will not violate any agreement to which such party is a party or by which it is otherwise bound?
  • Such party has obtained all permits, licenses, and other governmental authorizations and approvals required for its performance under this Affiliate Agreement.
  • The services to be rendered by such party under this Affiliate Agreement do not infringe or violate any patent, copyright, trade secret, trademark, or other proprietary rights of any third party.
  • Neither BOAT CRUISER nor Affiliate will be liable to the other for any indirect, special, punitive or consequential damages (including, without limitation, lost profits or lost data) arising out of this Affiliate Agreement.
  • BOAT CRUISER’s entire liability arising from this Affiliate Agreement in the contract shall never exceed the amounts payable to Affiliate hereunder.
  • Such party acknowledges that the other party makes no representations, warranties, or agreements related to the subject matter hereof which are not expressly provided for in this Affiliate Agreement.

(b) Each party specifically disclaims any representation or warranty regarding the amount of sales or referral fees either party hereto may generate during the term, and any economic or other benefit that the other party might obtain through its participation in this Affiliate Agreement.

5. Termination.

Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:

(a) Inappropriate advertisements (false claims, misleading hyperlinks, etc.).

(b) Spamming (mass email, mass newsgroup posting, etc.).

(c) Advertising on sites containing or promoting illegal activities.

(d) Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.

(e) Violation of intellectual property rights. Boat Cruiser reserves the right to require license agreements from those who employ trademarks of Boat Cruiser in order to protect our intellectual property rights.

(f) Offering rebates, coupons, or other forms of promised kick-backs from your affiliate commission as an incentive.

(g) Self-referrals, fraudulent transactions, suspected Affiliate fraud. In addition to the foregoing, Boatsetter reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.

6. Coupon and Deal Sites

Boat Cruiser occasionally offers coupon to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:

(a) Affiliates may not use non-existent or fabricated coupons to promote Boat Cruiser.

(b) Affiliates may not “poach” existing Boat Cruiser customers by advertising false discounts or non-existent coupons or promotions to place an affiliate cookie on visitors browser to “hijack” sales.

(c) Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.

(d) Affiliates may not bid on Boat Cruiser Coupons, Boatsetter Discounts or other phrases implying coupons are available.

(e) Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific saving by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.

(f) The user must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).

(g) Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available,
and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.

Boat Cruiser reserves the right to cancel any coupon related sales and/or cancel commissions resulting from coupon “poaching” practice described above.

7 Terms.

(a) This Affiliate Agreement will remain in effect for one (1) year from the date of execution of this Affiliate Agreement and the initial term will renew for
additional one-year terms automatically unless either party provides notice of nonrenewal to the other at least sixty (60) days prior to the scheduled renewal date.

(b) Boat Cruiser has the right to terminate this Affiliate Agreement at any time, if the Affiliate does not provide services in accordance with this Affiliate Agreement as determined by Boat Cruiser in its sole discretion.

(c) During the Term, upon termination, and thereafter of this Affiliate Agreement, the Affiliate will keep
confidential any and all Boat Cruiser Content and / or User information obtained during the term of the Affiliate Agreement, including but not limited to sales or marketing material and User identities, and will promptly return to Boat Cruiser all information and documents, whether stored electronically or on paper, containing such content or information.

(d) After termination of this Agreement, BOATSETTER may continue to provide Service(s) to any User and retain all of the fees paid by such User to Boat Cruiser.

8 Assignment

This Affiliate Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by Affiliate, but may be assigned by Boat Cruiser without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

9. General

(a) Governing Law. This Affiliate Agreement shall be governed, construed and interpreted in accordance with the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Affiliate agrees to submit to the personal jurisdiction of a state court located in Broward County, Florida or the United States District Court for the Southern District of Florida, for any actions for which Boat Cruiser retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of  Boat Cruiser’s copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as further described in the Dispute Resolution provision below.

(b) Dispute Resolution. All claims and disputes arising under or relating to this Affiliate Agreement are to be resolved by binding arbitration in accord with Arbitration Resolution Services (“ARS”) with any hearings to be held at a mutually agreeable location in Broward County, Florida. The parties expressly agree to abide by any and all rules of ARS then in effect as found on their web site at www.arbresolutions.com. In the event that a party fails to pay any award, the award may be converted to a judgment in a Court of competent jurisdiction.

(c) Class Action Waiver. This Affiliate Agreement requires that the exclusive resolution of disputes is through arbitration instead of through any individual legal or class action. Even if the applicable law provides otherwise, User agrees that any legal action shall be brought individually and not as a member or part of any class action and User waives any right to participate in such class action. In any arbitration, the arbitrator(s) have no authority to arbitrate claims on a class action basis.

(d) Entire Agreement/Severability. This Affiliate Agreement, together with all amendments, all documents referenced in this Affiliate Agreement, and any other legal notices and agreements published by Boat Cruiser, shall constitute the entire agreement between Affiliate and Boat Cruiser. If a court of competent jurisdiction or a properly convened arbitration panel deems any provision of this Affiliate Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Affiliate Agreement, which shall remain in full force and effect.

(e) No Waiver. No waiver of any term of this Affiliate Agreement shall be deemed a further or continuing waiver of such term or any other term, and Boat Cruiser’s failure to assert any right or provision under this Affiliate Agreement shall not constitute a waiver of such right or provision.

(f) All details regarding the terms of this Affiliate Agreement, including the Affiliate Agreement itself are confidential and shall not be disclosed unless required by subpoena, court order, for tax purposes or due to other legal process.

(g) This Affiliate Agreement shall always be construed as if all parties hereto contributed to its composition and there shall be no presumption otherwise.

(h) All notices given by either party hereto to the other party shall be in writing. All notices shall be deemed to have been properly given if sent by overnight mail addressed to the parties at the addresses listed below their signature on this Affiliate Agreement, or to such other address as either party may from time to time designate by written notice given as herein required.

(i) To the extent there is any conflict between this Affiliate Agreement and the Addendum, the Addendum will govern. Furthermore, to the extent that there is any conflict between this Affiliate Agreement, the Addendum and the Terms of Service, the Addendum will govern.

10. Amendment.

(a) This Affiliate Agreement may be amended by a written amendment agreed upon in writing (email is sufficient), without signatures required.

11. Counterparts.

This Affiliate Agreement may be signed in counterparts, which together will constitute a single instrument.

Signatures transmitted by electronic means will be deemed original signatures.