Terms and Conditions
This Marriott Wholesale Program Agreement (the “Agreement”) sets forth the terms and conditions of participation in Marriott’s Wholesale Program, and is effective as of the date that Marriott advises that the application submitted by a wholesaler (“Company” or “You”) has been accepted and an ID Number (“ID”) has been assigned to Company.
  1. Applicability of Agreement
    • The Marriott Wholesale Program provides qualified wholesalers with a Marriott ID that provides access to FIT (Free Independent Traveler) net wholesale rates at Participating Marriott hotels worldwide. ID members have access to net FIT rates via Marriott’s on line booking portal: www.marriottwholesalers.com .
    • This Agreement also amends and supplements any existing and future Static Rate FIT Agreements that Company may enter with a Participating Hotel and is incorporated into such Agreements. The terms of this Agreement will prevail over any conflicting terms in such Static Rate FIT Agreements.
    • If Company has a separately negotiated preferred corporate level contract with Marriott International for wholesale rates, the terms and conditions of that separately negotiated contract will control and prevail over any conflicting terms in this Agreement.
  2. DEFINITIONS : Capitalized terms not defined with the body of this Agreement shall have the following meanings:
    • “Best Available Rate”means, with respect to any guest room at a Participating Hotel, the published room rate for such guest room type made available to the general public at the time of booking on any website operated by Marriott (but not including any of the following: promotional rates made available only through channels owned by Marriott or Participating Franchisees, specially negotiated rates, corporate rates, group rates, and rates that require qualified proof of membership in a specific third-party company or organization, such as AAA rates and government rates). The Best Available Rate is a real-time, yieldable rate set at the discretion of the Participating Hotels, is subject to change by the Participating Hotels, and varies with supply and demand.
    • "Channels"means, collectively, any mechanism (e.g., websites, xml feeds or call centers), through which Company markets either the Rooms to other wholesalers or Dynamic Packages directly to Customers.
    • “Customer(s)”means the end user individual consumer who books a stay in a Room that was reserved directly or indirectly through the marketing of such Room by Company.
    • “Dynamic Package”means two (2) or more substantial travel-related components (such as air, hotel, cruise and car), each of material value when compared to the other parts of the bundle, made available to Customers for bundled booking in a manner in which the applicable Unpublished Rate will at no time be visible, apparent or known to Customers. As it pertains to Rooms.
    • “Participating Brands”means any of the brands identified by Marriott in any of the websites operated by Marriott, which brands may be modified by Marriott in its sole discretion at any time. As of the date of this Agreement, the brands include: Delta Hotels & Resorts, Marriott Hotels and Resorts, JW Marriott Hotels & Resorts, Protea Hotels, Renaissance Hotels and Resorts, Courtyard by Marriott, Residence Inn by Marriott, Fairfield Inn by Marriott, TownePlace Suites by Marriott, SpringHill Suites by Marriott, The Ritz-Carlton, Autograph, EDITION Hotels, Autograph Collection, AC Hotels, Marriott Vacation Club International, Gaylord Hotels and Moxy Hotels. Marriott may include additional brands or remove any brand in the list of Participating Brands at any time upon written notice to Company.
    • “Participating Franchised Property”means the hotels in Participating Brands franchised by Marriott or one of its affiliated entities that have independently elected to participate in this Agreement, but does not include Participating Managed Properties.
    • “Participating Hotel(s)”means, at any given point in time, each of the Participating Managed Properties and Participating Franchised Properties.
    • “Participating Managed Properties”means hotels in Participating Brands owned, operated and/or managed by Marriott or one of its affiliated that have independently elected to participate in this Agreement, but does not include Franchised Properties.
    • “Room(s)”means any guest room at a Participating Hotel made available to Company at a special discount rate in accordance with the terms of this Agreement for the ultimate purpose of being booked by Customers as part of a Dynamic Package or as Room Only (unbundled), as applicable.
    • “Static Rate FIT Agreement”means those separate direct contracts for the distribution of static net rate/hotel room allotment inventory between Company and a particular Participating Hotel which were negotiated directly between Company and the Participating Hotel.
    • “Taxes”means, sales, use, excise, VAT, lodging, rental or other similar taxes or governmental fees imposed on the sale, booking or rental of hotel room accommodations and on any amounts received pursuant to this Agreement.
    • “Unpublished Rate(s)”means collectively any Rate made available to Company pursuant to the Marriott Wholesaler Program. Unpublished Rates are “real-time”, yieldable at the discretion of the Participating Hotels, subject to change by the Participating Hotels, vary with supply and demand, and shall be made known and available to Company via the Marriott online booking portal.
    • “Yieldable”means that room availability will vary with supply and demand and that a participating hotel is not obligated to provide any minimum number of available rooms on any date.
  3. ID Assignment & Renewal
    • Upon review, qualification and acceptance of the Program Application, Marriott will issue an ID. Your ID must be used for all individual bookings in order for you to receive access to Unpublished Rates and credit toward annualized production requirements. Marriott has no other means to identify you without your ID. Your ID will automatically be attached to any booking made via Marriott’s online booking portal: www.marriottwholesalers.com
    • Your ID status will be re-authorized annually. Renewal is conditional upon, among other things: (i) Your acceptance and adherence to the then-current version of these Terms and Conditions; and (ii) Annual or annualized production of at least 50 (FIT) room nights.
  4. FIT Rate AvailabilityThe Wholesale Program offers qualified wholesalers and tour operators access to FIT wholesale rates at Participating Marriott hotels worldwide.
    • FIT rates are to be used solely for individual leisure travel (less than 10 rooms per night).
    • Rates do not apply to business travel, meetings, conferences or groups. Any reservation found to be for a convention/conference attendee at a Hotel with an official housing block for a convention or conference will, at the option of Hotel, be changed to the lowest available convention/conference rate or be cancelled by Hotel without any refund or liability of Hotel or Marriott.
    • Rates must be packaged with other travel components as part of a Dynamic Package per paragraph 4 “Rate Rules” and are never to be sold unpackaged to the consumer.
    • Blackouts, restrictions, special event policies, and minimum stays may apply. Guarantee and cancellation policies vary by Hotel.
    • Reservations must not be placed by any party other than you or authorized employees within your Company.
    • Reservations and rates are always subject to availability and are fully yieldable by a Participating Hotel. Blackouts, restrictions, special event policies, and minimum stays may apply. Guarantee and cancellation policies vary by Participating Hotel.
    • It will be your responsibility to inform the guest of Participating Hotel’s cancellation policy and to remit payment to the Participating Hotel in the event of a no show if the room was not cancelled before the deadline set by the Hotel.
    • Guests do not receive Marriott Rewards points for the room and tax portion of their stay.
  5. FIT Rates
    • Company will have access to the Unpublished FIT Rates using its ID on the on line booking portal. FIT rates offered will be net, non-commissionable and be offered at a discount off of Hotel’s Best Available Rate at the time of booking.
    • Room availability will vary with supply and demand and Hotels are not obligated to provide any minimum number of available rooms on any date.
    • No commission shall be due or payable by Marriott or any Participating Hotel in connection with the booking or consumption of rooms hereunder.
    • Static FIT Rates negotiated by Company directly at the property level will not appear on the booking portal.
  6. Rate Rules
    6.1 You will, and will cause any Channels you work with directly or indirectly to, make Hotel’s guest rooms available to the end-user customer:
    • Only as part of a Dynamic Package.
    • Strictly for transient leisure travel only (for example, not for business travel group travel oriented channels or for convention/conference attendees)
    6.2 You will not, and will not permit any Channels you work with directly or indirectly to:
    • Make Hotel’s guest rooms available to the end-user customer as an unpackaged, room-only product.
    • Market Hotel’s guest rooms as an unpackaged, room-only product on on-line (e.g., internet based) channels, or any other interactive channels including mobile devices that the end-user customer can access, this includes but is not limited to online travel agents, opaque sites, group buying, loyalty or points redemption programs, flash sales, social commerce and daily deals sites and applications.
    • Make Hotel’s guest rooms available through any Global Distribution System (“GDS”).
    • Share Company’s ID or Username and password with any person or entity other than authorized employees within your Company.
    • Disclose to the end-user customer the Unpublished Rate at which Hotel provided you the guest room.
    • Company shall not offer or sell rooms in a manner that discloses, directly or indirectly, the Unpublished Rates to the Customer or any other party. Company shall also not disclose to the Customer or any other party the rate for any component (including airfare) that is included in a Dynamic Package. If Company does disclose or publish any rate associated with a room that is offered as part of a Travel Package, Company will indemnify and hold Marriott and the Hotel harmless from and against any claims, losses and costs caused thereby, including, without limitation, any claims by consumers under Marriott’s Look No Further.
    • Make any false, misleading or deceptive claims that you offer specially discounted rates on Hotel’s inventory, or advertise that you have the lowest price available, substantial discounts, online exclusive rates, exclusive savings, or comparable statements for Hotel’s guest room inventory.
  7. Additional Charges and Taxes
    • Company shall advise all customers who purchase rooms at participating properties that they are responsible for all incidental charges that may be incurred during the course of their stay at the property including, without limitation, charges for extra person, extra bed, mini-bar, room service, movies, internet access, telephone, and health club use.
    • Unpublished Rates may not include all charges (such as resort charges and other automatic property charges) and state/local taxes applicable to the room. It is the sole responsibility of Company to clearly and conspicuously disclose to the customer in advance of booking all mandatory applicable charges specified by the applicable Participating Hotel, and whether or not such items are inclusive of, or in addition to, the price charged by Company for the Dynamic Package, and that the Customer is responsible for the payment of any additional charges. Any failure by Company to comply with the requirements specified in this paragraph and/or applicable laws and regulations, including, without limitation, any administrative, judicial or governmental requirements, mandates or orders, regarding disclosure of all applicable fees, charges or state/local taxes shall constitute a material breach by Company.
    • Company is responsible for determining and remitting all applicable taxes on the Rates paid, and will defend and indemnify Hotel Chain and Hotels from and against any claims asserted by any governmental entity that taxes were not appropriately paid.
  8. Billing Company will be required to guarantee payment of all reservations with a valid credit card, unless alternative arrangements have been approved between an individual hotel, Company and by Marriott International. Any vouchers from Company shall act as room confirmation only. Cancellation policies apply to all reservations and will be available to Company for review prior to making a reservation at the applicable participating property.
  9. Marriott’s Remedies for Company’s Failure to Comply with Terms and Conditions & Termination Policies Marriott reserves the right to suspend or cancel the Wholesaler Program, including online booking portal at any time with 30 days’ notice. Notification will include, but not be limited to messaging on the booking portal and / or any applicable Wholesaler Program web pages.
    9.1 Compliance with the terms and conditions of this Agreement is a mandatory prerequisite for utilizing Marriott-issued ID to gain access to Program Rates, using those rates to make guest reservations for Rooms on behalf of Hotels. Any violation of this Agreement may result in any or all of the following:
    • Your expulsion from Marriott’s Wholesaler Program;
    • Termination of any agreements you may have with individual Hotels;
    • Marriott’s and/or individual Hotels’ refusal to honor guest reservations booked through your organization.

    9.2 Terms for Static FIT Rate Agreements Only:
    • Either party may terminate a Static FIT Rate Agreement at any time upon 30 days’ written notice to the other party.
    • Hotel reserves the right to cancel, with notice, any booking made in breach of your obligations.
    • Any breach by you of obligations under your obligations will be a material breach of the Static FIT Rate Agreement, resulting in an immediate suspension or termination of the Static FIT Rate Agreement, as solely determined by Hotel, in Hotel’s reasonable judgment. Each party shall inform the other of any violations of the Static FIT Rate Agreement of which it becomes aware.
    • Upon termination of the Static FIT Rate Agreement, Hotel and you will continue to honor the terms of the Static FIT Rate Agreement with respect to any booking made prior to the termination date for dates following the termination date, unless termination occurred due to a monetary breach.
  10. Insurance Participating Hotel will procure, maintain and keep in full force and effect during the term of this Agreement adequate insurance coverage (including public liability or commercial general liability insurance and property) as required by law with a reputable company.
  11. Indemnification Company and Marriott shall indemnify, defend and forever hold each other (including their respective parents, subsidiaries or entities under common ownership or control, and all of their respective present and former officers, members, shareholders, directors, employees, representatives and agents, and their successors, heirs and assigns) ("Indemnitees"), harmless from and against any and all third-party losses, liabilities, claims, costs, damages and expenses (including, without limitation, fines, forfeitures, reasonable attorneys' fees, disbursements and administrative or court costs) arising out of (i) any breach by a party of its representations, warranties and covenants in this Agreement or (ii) any negligent act or omission or alleged negligent act or omission on the part of a party in the performance of, or failure to perform its obligations under this Agreement. Company acknowledges and agrees that (a) Marriott shall not be responsible and shall not have any liability to Company or any third party for the acts, errors, omissions or conduct of (including any failure to comply with this Agreement by) any Participating property that is not majority-owned and controlled by Marriott, (b) Company's sole recourse for any claims it may allege to have under this Agreement relating to Participating properties not majority-owned and controlled by Marriott shall be directly against the respective owners or controlling entities of such participating property and (c) Company's indemnity shall cover (i) any third party claim that any Company website or any part or component thereof violates any applicable law or regulation or infringes upon or misappropriates any third party's intellectual or proprietary rights or violates a third party's rights of privacy, (ii) any claims arising out of or relating to Company's failure to pay any applicable taxes due on amounts charged or collected by Company, or (iii) any claims or costs, including reimbursement for waiver of or non-collected mandatory charges including resort fees or other automatic property charges, due to the failure of Company or any of its Customers to clearly and conspicuously disclose to the consumer in advance of booking all mandatory fees and charges including resort fees or other automatic property charges.
  12. Limitation of Liability EXCEPT FOR LIABILITY OF A PARTY ARISING OUT OF ANY BREACH OF ITS CONFIDENTIALITY OBLIGATIONS HEREUNDER, AND WITHOUT LIMITING THE INDEMNITY OBLIGATIONS OF ANY PARTY UNDER THIS AGREEMENT, IN NO EVENT SHALL ANY PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
  13. Safety, Security & Laws Participating Hotels undertake to comply with all relevant laws, regulations and codes of practice including without limitation, those relating to hygiene, fire, safety and security of persons, planning, permits and licensing for the provision of the accommodation. Hotels will maintain the necessary permits and licences for operating the premises in accordance with applicable legal provisions and regulations.
  14. Confidentiality “Confidential Information” means the Unpublished Rates provided by a Participating Hotel and the terms and conditions of this Agreement. Each party will maintain this Confidential Information in the strictest confidence and will limit access to those of its employees, officers, and agents with a need to know such Confidential Information for the performance of obligations hereunder. Confidential Information may be disclosed in response to a subpoena or other legal process, to the extent the subpoena or legal process compels disclosure of such Confidential Information and the other party is informed of such disclosure. Furthermore, the Confidential Information may be disclosed in a dispute resolution matter between you and Hotel regarding matters arising from this Agreement. Neither party will make or issue any public statement or announcement regarding the existence or content of this Agreement without the prior written consent of the other.
  15. End-user Customer Information “End-user customer Information” means the first and last names, addresses, phone numbers and other personal data of any individual booking a guest room. You and Hotel will comply with all applicable laws regarding the collection and sharing of end-User customer Information. Hotel may use any end-User customer Information in accordance with the policies of Marriott International, Inc. (“Marriott”).
  16. Compliance with Law Company agrees to perform its obligations under this Agreement in compliance with its privacy policy and all applicable federal, state and local laws governing this Agreement, including any rules, regulations or requests of the U.S. Department of Homeland Security.
  17. Miscellaneous.
    • Governing Law. This Agreement and all matters or issues related hereto shall be governed by the laws of the State of New York without regard to its choice of law rules.
    • Assignment. Neither this Agreement nor any rights or obligations hereunder may be assigned, pledged, delegated or otherwise transferred, in whole or in part, by Company, without the prior written consent of Marriott.
    • Relationship of Parties. Neither this Agreement nor the cooperation of the parties contemplated hereunder shall be deemed or construed to create any partnership or joint venture between the parties.
    • Public Communications. Company shall not make or issue any public statement or announcement regarding the existence or the content of this Agreement, without the prior written consent of Marriott.
    • Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. In the event that any provision of this Agreement is determined to be invalid, unenforceable or otherwise illegal, such provision shall be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the parties, and the remainder of the Agreement shall be in full force and effect.
    • Survival. The obligations of the parties under this Agreement that by their nature would continue beyond expiration, termination or cancellation of this Agreement shall survive any such expiration, termination or cancellation.
    • Waiver. No term or condition of this Agreement shall be deemed waived, and no breach shall be deemed excused, unless such waiver or excuse is in writing and is executed by the party against whom such waiver or excuse is claimed.
  18. Intellectual Property You will not use any Intellectual Property of Marriott granted by participating hotel (i) in any radio, television or internet marketing or advertising, and (ii) in a manner that, in Hotel’s sole determination, is disparaging or that otherwise could reasonably be expected to have an adverse impact on the goodwill associated with the Licensed Content, diminish their value, or the corporate image, business or reputation of Marriott or Hotel. You agree that the Licensed Content is the sole and exclusive property of Marriott, Hotel, or their affiliates. Further, you acknowledge that you will not acquire any interest in the Licensed Content or the goodwill associated with the Licensed Content by virtue of this Agreement or your use of the Licensed Content. Any work product generated in conjunction with the Licensed Content hereunder shall be deemed a “work for hire” owned exclusively by Hotel. In any event, you hereby assign any right you may have in such work product to Hotel. Except as reasonably necessary to fulfil its obligations under this Agreement, you will not use, copy, or distribute Licensed Marks and Licensed Content without Hotel's prior written approval in each instance. you shall not make any changes to the Licensed Content without Hotel’s prior written approval (not to be unreasonably withheld). You shall immediately cease any use of Licensed Marks and Licensed Content in violation of this Section or upon the written request of Hotel. Any breach of this clause shall entitle Hotel to terminate this Agreement immediately without prejudice to any other rights or remedies that it may have against you. You will not use, copy, distribute or scrape any Licensed Content or intellectual property belonging to Hotel, Marriott or any of their affiliates not expressly authorized by Hotel by written prior approval.
  19. Marketing Guidelines Marriott has defined “Standards and Guidelines for Online Marketing”, attached, including Content Guidelines, Online Advertising Guidelines, Keyword Buying, Paid Search, Search Engine Optimization, Social Media & Commerce and Spyware & Other Automated Tools (collectively, “Guidelines”). These Guidelines are hereby incorporated herein and made a part of this Agreement. You will, and will cause any companies you works with directly or indirectly with to, review and fully comply with these Guidelines. “Standards and Guidelines for Online Marketing” may be altered by Marriott at any time at its sole and only discretion and are viewable at www.marriottwholesalers.com.
  20. Acknowledgement of Agreement Completing the Wholesaler Program Application and/or making a guest reservations for any Hotel Rooms using Program Rates, constitutes acknowledgement of these Terms and Conditions and agreement by you to abide by them.
  21. Collateral Request
    • Brochures, photos, and detailed information are available by request from the individual Hotels in your packages. Logos cannot be used without proper authorization from the Hotel or corporate contact.
    Scope
    Marriott International, Inc., on behalf of itself and its affiliates (“Marriott”), has established these Standards & Guidelines For Online Marketing (“Guidelines”) in connection with the use of all trademarks owned by Marriott, and close variations of those marks (such as misspellings), including the following Marriott brand names: Marriott; JW Marriott; Renaissance; Autograph; EDITION; AC Hotels; Courtyard; Residence Inn; Fairfield Inn; TownePlace Suites; Springhill Suites; Marriott Vacation Club; Ritz-Carlton; Marriott Executive Apartments; Gaylord Hotels, and Moxy Hotels. Each person, company, travel intermediary, and travel agency that (1) is authorized through a direct agreement with Marriott, or by virtue of membership in an affiliate program or travel agency accreditation, to book or sell hotel accommodations of any Marriott brand; and (2) uses the Internet or mobile devices to market and/or enable the booking or sale of hotel accommodations (“Online Travel Company”) must comply with these Guidelines. These Guidelines may be amended from time to time by Marriott.
    These Guidelines do not set or control in any way the pricing or pricing level at which Online Travel Companies book or sell hotel accommodations of any Marriott brand.
    • Content Guidelines These Content Guidelines apply to websites, mobile websites, mobile applications and individual web pages of an Online Travel Company used for marketing and/or displaying hotel accommodations of any Marriott brand. They also apply to content used within advertisements that direct traffic back to Travel Company websites or mobile products.
      • Hotel information and rates listed must comply with Marriott’s Look No Further Best Rate Guarantee and all other Marriott advertising standards outlined within these Guidelines. The Online Travel Company may not make any false, misleading or deceptive claims that it offers specially discounted rates on Marriott inventory that are not made available by Marriott through other authorized Marriott channels. This includes but is not limited to the following phrases in connection with Marriott trademarks: “substantial discounts,” “online exclusive rates,” or “exclusive savings.”
      • An Online Travel Company may not make any false, misleading, or deceptive claims in connection with the use of any Marriott trademark, including phrases such as “save 70%,” or “special rates.” This includes the use of “discounting” language in relation to Marriott brands (for example, “cheap Marriott rooms” or “discounted Renaissance rooms”).
      • Each web page containing a Marriott trademark should clearly indicate that the Online Travel Company is the provider of the website. In the event an Online Travel Company develops a private label site for a third party, the third party must be identified on the site consistent with the foregoing. There may not be a statement, either express or implied, that the website is an “official Marriott website” or that Marriott is associated with or has endorsed the website or mobile product.
      • Without the prior written permission of an authorized Marriott representative, a website may not use any Marriott trademark in any part of a URL path, including but not limited to one or more domain name(s).
      • An Online Travel Company may not, whether manually or via an automated tool, monitor, download or copy any content, photograph(s), or graphic design(s) from Marriott’s web or mobile sites without the permission of an authorized Marriott representative.
      • An Online Travel Company may not, whether manually or via an automated tool, copy, scrape, frame, mirror or otherwise incorporate any content from Marriott’s web or mobile site into any other website or for re-use or publishing online without the permission of an authorized Marriott representative.
    • Online Advertising Guidelines These guidelines apply broadly to the use of Marriott trademarks and trade names within both web and mobile environments for ALL forms of online advertising, including but not limited to the following areas:
      • Search engine marketing
      • Contextual Advertising
      • Targeted display advertising (including site retargeting)
      • Travel/meta/comparison search sites
      • Mobile marketing (including display ads, applications, SMS communications)
      • Social media
      • An Online Travel Company may not bid on keyword terms, or contextual category terms containing Marriott trademarks or common misspellings of Marriott trademarks, whether alone or in conjunction with other terms within web or mobile devices.
      • An Online Travel Company may not bid for preferential positioning– or become the primary (or sole) listing-- on ads appearing against Marriott’s trademarks and trade names.
      • An Online Travel Company may not use ANY Marriott trademark or common misspelling in the text, title, imagesor display URL of ANY web-based or mobile advertisement, or any SMS communication.
      In addition to the use of marks outlined in Section II, the following specific guidelines apply to each marketing tactic:
      Paid Search
      These Paid Search Guidelines apply to an Online Travel Company’s use of paid search or contextual advertising or other forms of online targeted advertising offered by companies operating:
      • Search engines, e.g., Google, Yahoo!, Bing, Baidu;
      • When purchasing generic, lodging-related keywords (e.g. “hotel”, “New York hotels”, etc.) on open-ended, non-exact match types such as “broad match” or “phrase match”, the advertiser must list all of Marriott’s trademarks and common misspellings as negative keywords in order to prevent their ads from appearing as a result of a search for Marriott branded hotels. For example, a search for a Marriott hotel using search terms such as “Marriott Atlanta hotels” or “Courtyard Atlanta hotels” could trigger a non-Marriott ad to appear if “Atlanta hotels” was originally purchased and “Marriott” and “Courtyard” were not included in the corresponding negative keyword list. Negative keywords should be set at the highest level possible within search engine accounts/campaigns to ensure the negative strategy applies to each keyword.
      Search Engine Optimization (SEO) Guidelines These SEO Guidelines apply to websites and individual pages of an Online Travel Company that markets and/or displays hotel accommodations of any Marriott brand and uses search engine optimization tactics in order to gain rankings in natural search results on keyword terms that contain any Marriott trademark.
      • Meta data and Title Tags: Websites may not employ repetition of Marriott-related keywords (keyword stuffing) within meta dataor site content for the purpose of skewing search results.
      • Deceptive redirects (cloaking): Websites may not present one type of page content to the search engines to achieve rankings on a Marriott-related search, but redirect users to another page that contains different or unrelated content.
      • Hidden or invisible text: Websites may not place Marriott-related keyword rich text on a page that is the same color as the background, such that it is hidden from a visitor’s view but not from search engine spiders.
      • Google Places and other local listings: Websites may not submit/claim Marriott hotel listings within any local services/products and directories.
      Social Media& Commerce Guidelines The Social Media & Commerce Guidelines apply to an Online Travel Company’s use of social media advertising or other forms of online targeted advertising offered by companies such as: Facebook, LinkedIn, Foursquare, RenRen, Groupon, Living Social, etc.
      • An Online Travel Company may not create social media accounts (such as Facebook Fan pages, Twitter accounts, etc.) that include Marriott trademarks.
      • ’Like’ or ‘share’ button functionality may not be used by Online Travel Company to promote Marriott hotel content within the Online Travel Companies website or mobile site without Marriott’s permission.
      • A hashtag is a tag used on the social network Twitter as a way to annotate a message (Ex: #yourhashtag), and are commonly used to show that a tweet, a Twitter message, is related to an event or conference. Re-tweeting, using Marriott’s hashtags, or public messaging Marriott’s social forums (twitter handles, blogs, walls) may not be done by Online Travel Companies, whether on their website or owned social media forums, without Marriott’s permission.
      • An Online Travel Company may not further discount or provide incentives on the purchase of Marriott rooms & rates within Group Buying, Flash Sales, Social Commerce and Daily Deals sites and applications.
    • Spyware and Other Automated Tools These Spyware and Other Automated Tools Guidelines apply to an Online Travel Company’s use of online software applications that (a) fall under the general categories of “spyware”, “adware”, or “malware”, as those terms are generally defined in the industry; or (b) extract data or content from Marriott.com.
      • An Online Travel Company may not use or download onto a user's computer any (i) spyware, adware, malware or similar tool; or (ii) toolbars or other navigational elements that integrate with or frame Marriott.com and are designed to divert traffic from Marriott.com to competitive sites.
    • Enforcement
      • First violation: Once Marriott has notified an Online Travel Company in writing that it or its affiliate has violated any of these Guidelines, the Online Travel Company must take the following steps, or have its affiliate take the following steps, to remedy the violation within thirty days of the date of the written notice:
        • For violations of the Online Advertising Guidelines (including paid search, contextual or targeted ads, mobile ads, social media & commerce, and spyware), by disabling non-conforming links, ads, automated tools, social media accounts or web pages, or by making appropriate changes to each link, ad text, ad title, account or web page and applicable automated tools.
        • For violations of Site Content Guidelines and SEO Guidelines, by making appropriate website changes.
      • Subsequent violations: Following a second violation by an Online Travel Company, or failure to remedy a previously identified violation, Marriott reserves the right to temporarily suspend or permanently revoke (i) its authorization to book or sell hotel accommodations of any Marriott brand; and/or (ii) payment of commissions for stays that result from bookings made following the second violation.
      • With respect to second violations of these Guidelines or failure to remedy a previously identified violation by an affiliate in an Online Travel Company’s affiliate network, within 3 business days of receipt of written notice from Marriott, the Online Travel Company that maintains the affiliate network shall terminate the affiliate’s ability to advertise or sell hotel accommodations of any Marriott brand until further authorization by Marriott. Marriott reserves the right to take appropriate legal action against all parties that violate its intellectual property rights, including trademark and copyright.
Standards Guidelines
Scope
Marriott International, Inc., on behalf of itself and its affiliates (“Marriott”), has established these Standards & Guidelines For Online Marketing (“Guidelines”) in connection with the use of all trademarks owned by Marriott, and close variations of those marks (such as misspellings), and all other Marriott brands (including, but not limited to the following: Marriott; JW Marriott; Renaissance; Autograph: EDITION; AC Hotels; Moxy; Delta Hotels; Protea; Courtyard; Residence Inn; Fairfield Inn; TownePlace Suites; SpringHill Suites; Marriott Vacation Club; Ritz-Carlton; Bvlgari; Marriott Hotels; ALOFT; DESIGN HOTELS; ELEMENT; FOUR POINTS; LE MERIDIEN; SHERATON; ST. REGIS; THE LUXURY COLLECTION; TRIBUTE PORTFOLIO; W HOTELS; WESTIN). Your Channels or Your B2B Contractors must comply with these Guidelines. These Guidelines may be amended from time to time by Marriott.
  • Content Guidelines
    These Content Guidelines apply to websites, mobile websites, mobile applications and individual web pages of, or controlled by Your Channels or Your B2B Contractors that are used for marketing and/or displaying hotel accommodations of any Marriott brand. They also apply to content used within advertisements that direct traffic back to Your Channels or Your B2B Contractors websites or mobile products.
    • Hotel information and rates listed must comply with Marriott’s Look No Further Best Rate Guarantee and all other Marriott advertising standards outlined within these Guidelines. Neither Your Channels nor Your B2B Contractors may make any false, misleading or deceptive claims that it offers specially discounted rates on Marriott inventory that are not made available by Marriott through other authorized Marriott channels. This includes but is not limited to the following phrases in connection with Marriott trademarks: “substantial discounts,” “online exclusive rates,” or “exclusive savings.”
    • Neither Your Channels nor Your B2B Contractors may make any false, misleading, or deceptive claims in connection with the use of any Marriott trademark, including phrases such as “save 70%,” or “special rates.” This includes the use of “discounting” language in relation to Marriott brands (for example, “cheap Marriott rooms” or “discounted Renaissance rooms”.)
    • There may not be a statement, either express or implied, that the website is an “official Marriott website” or that Marriott is associated with or has endorsed the website or mobile product.
    • Without the prior written permission of an authorized Marriott representative, a website may not use any Marriott trademark in any part of a URL path, including but not limited to one or more domain name(s).
    • Neither Your Channels nor Your B2B Contractors may, whether manually or via an automated tool, monitor, download or copy any content, photograph(s) or graphic design(s) from Marriott’s web or mobile sites without the permission of an authorized Marriott representative.
    • Neither Your Channels nor Your B2B Contractors may, whether manually or via an automated took, copy, scrape, frame, mirror or otherwise incorporate any content from Marriott’s web or mobile site into any other website or for re-use or publishing online without the permission of an authorized Marriott representative.
  • Online Advertising Guidelines
    These guidelines apply broadly to the use of Marriott trademarks and trade names within both web and mobile environments for ALL forms of online advertising, including but not limited to the following areas:
    • Search engine marketing
    • Contextual Advertising
    • Targeted display advertising (including site retargeting)
    • Travel/meta/comparison search sites
    • Mobile marketing (including display ads, applications, SMS communications)
    • Social media
    • Neither Your Channels or Your B2B Contractors may bid on keyword terms, or contextual category terms containing Marriott trademarks or common misspellings of Marriott trademarks, whether alone or in conjunction with other terms within web or mobile devices.
    • Neither Your Channels nor Your B2B Contractors may bid for preferential positioning – or become the primary (or sole) listing -- on ads appearing against Marriott’s trademarks and trade names.
    • Neither Your Channels nor Your B2B Contractors may use ANY Marriott trademark or common misspelling in the text, title, images or display URL of ANY web-based or mobile advertisement, or any SMS communication.
    In addition to the use of marks outlined in Section II, the following specific guidelines apply to each marketing tactic:
    Paid Search
    These Paid Search Guidelines apply to Your Channels or Your B2B Contractors use of paid search or contextual advertising or other forms of online targeted advertising offered by companies operating:
    • Search engines, e.g., Google, Yahoo!, Bing, Baidu;
    When purchasing generic, lodging-related keywords (e.g. “hotel”, “New York hotels”, etc.) on open-ended, non-exact match types such as “broad match”, “broad match modifier” or “phrase match”, the advertiser must list all of Marriott’s trademarks and common misspellings as negative keywords in order to prevent their ads from appearing as a result of a search for Marriott branded hotels. For example, a search for a Marriott hotel using search terms such as “Marriott Atlanta hotels” or “Courtyard Atlanta hotels” could trigger a non-Marriott ad to appear if “Atlanta hotels” was originally purchased and “Marriott” and “Courtyard” were not included in the corresponding negative keyword list. Negative keywords should be set at the highest level possible within search engine accounts/campaigns to ensure the negative strategy applies to each keyword.
    Search Engine Optimization (SEO) Guidelines
    These SEO Guidelines apply to websites and individual pages of, or controlled by, Your Channels or Your B2B Contractors that market and/or displays hotel accommodations of any Marriott brand and uses search engine optimization tactics in order to gain rankings in natural search results on keyword terms that contain any Marriott trademark.
    • Meta data and Title Tags: Websites may not employ repetition of Marriott-related keywords (keyword stuffing) within meta data or site content for the purpose of skewing search results.
    • Deceptive redirects (cloaking): Websites may not present one type of page content to the search engines to achieve rankings on a Marriott-related search, but redirect users to another page that contains different or unrelated content.
    • Hidden or invisible text: Websites may not place Marriott-related keyword rich text on a page that is the same color as the background, such that it is hidden from a visitor’s view but not from search engine spiders.
    • Google Places and other local listings: Websites may not submit/claim Marriott hotel listings within any local services/products and directories.
    Social Media& Commerce Guidelines
    The Social Media & Commerce Guidelines apply to Your Channels or Your B2B Contractors use of social media advertising or other forms of online targeted advertising offered by companies such as: Facebook, LinkedIn, Foursquare, RenRen, Groupon, Living Social, etc.
    • Neither Your Channels nor Your B2B Contractors may create social media accounts (such as Facebook Fan pages, Twitter accounts, etc.) that include Marriott trademarks.
    • ’Like’ or ‘share’ button functionality may not be used by Your Channels or Your B2B Contractors to promote Marriott hotel content within Your Channels or Your B2B Contractors website or mobile site without Marriott’s permission.
    • A hashtag is a tag used on the social network Twitter as a way to annotate a message (Ex: #yourhashtag), and are commonly used to show that a tweet, a Twitter message, is related to an event or conference. Re-tweeting, using Marriott’s hashtags, or public messaging Marriott’s social forums (twitter handles, blogs, walls) may not be done by Your Channels or Your B2B Contractors, whether on their website or owned social media forums, without Marriott’s permission.
    • Neither Your Channels nor Your B2B Contractors may further discount or provide incentives on the purchase of Marriott rooms & rates within Group Buying, Flash Sales, Social Commerce and Daily Deals sites and applications.
  • Spyware and Other Automated Tools
    These Spyware and Other Automated Tools Guidelines apply to Your Channels or Your B2B Contractors use of online software applications that (a) fall under the general categories of “spyware,” “adware,” or “malware,” as those terms are generally defined in the industry; or (b) extract data or content from Marriott.com. Your Channels or Your B2B Contractors may use or download onto a user’s computer any (i) spyware, adware, malware or similar tool; or (ii) toolbars or other navigational elements that integrate with or frame Marriott.com and are designed to divert traffic from Marriott.com to competitive sites.
  • Enforcement
    • First violation: Once Marriott has notified Company in writing that Your Channels or Your B2B Contractors has violated any of these Guidelines, Company must take the following steps, or have its Your Channels or Your B2B Contractors take the following steps, to remedy the violation within thirty days of the date of the written notice:
      • For violations of these Guidelines (including paid search, contextual or targeted ads, mobile ads, social media & commerce, and spyware), by disabling non-conforming links, ads, automated tools, social media accounts or web pages, or by making appropriate changes to each link, ad text, ad title, account or web page and applicable automated tools.
      • For violations of Site Content Guidelines and SEO Guidelines, by making appropriate website changes.
    • Subsequent violations: Following a second violation by Your Channels or Your B2B Contractors, or failure to remedy a previously identified violation, Marriott reserves the right to temporarily suspend performance under this Agreement, including payments due hereunder, or otherwise terminate the Agreement immediately or permanently revoke payment of commissions for stays that result from bookings made following the second violation.
    With respect to second violations of these Guidelines or failure to remedy a previously identified violation by Your Channels or Your B2B Contractors, within 3 business days of receipt of written notice from Marriott, the Company that maintains Your Channels or Your B2B Contractors sales relationship shall terminate the Your Channels or Your B2B Contractors ability to advertise or sell hotel accommodations of any Marriott brand until further authorization by Marriott.
    Marriott reserves the right to take appropriate legal action against all parties that violate its intellectual property rights, including trademark and copyright.
Definitions:
"Your Channel(s)" means, except as disapproved by Marriott or Hotel in their sole and absolute discretion from time to time, collectively, any mechanism (e.g., websites, xml feeds or call centers), in each case owned or operated by you or one of your affiliates or contracted companies, through which you market either the Rooms to your B2B contractors or Dynamic Packages directly for booking by Hotel guests.
"Your B2B contractor(s)" means, except as disapproved by Marriott or Hotel in their sole and absolute discretion from time to time, travel companies, such as tour operators, wholesalers, inbound operators, or destination management companies who primarily operate in off-line distribution channels, and whether under your management or control, or with which you have in place a written agreement, makes guest rooms at hotels either managed, franchised or licensed by Marriott available for booking by Hotel guests pursuant to the terms of this Agreement. All terms and conditions of this Agreement applicable to you shall apply directly and in full to your Channels and your B2B contractors.
Content License
As may be specifically set forth in a duly-authorized written agreement executed by Marriott International, Inc. ("Marriott") that expressly incorporates these license terms by reference (an “Agreement”), without conveying any proprietary right, title or interest in or to Marriott’s or any Marriott owned, managed, leased, licensed, franchised or otherwise affiliated properties’ (individually a “Property”, and collectively, the “Properties”) trademarks, service marks, logos, graphics, , and close variations of the foregoing (such as misspellings), including the following Marriott brand names: Marriott; JW Marriott; Renaissance; Autograph; EDITION; AC Hotels; Courtyard; Delta Hotels; Residence Inn; Fairfield Inn; TownePlace Suites; Springhill Suites; Marriott Vacation Club; Ritz-Carlton; Marriott Executive Apartments; Gaylord Hotels, Protea Hotels, Moxy Hotels, Westin, Sheraton, The Luxury Collection, Four Points by Sheraton, W Hotels, St. Regis, Le Méridien, Aloft, Element by Westin, Tribute Portfolio and Design Hotels (collectively, the “Marriott Marks”), or any of Marriott’s or the Properties’ rate and accommodation information, amenity information, availability information, images, photos, hotel descriptions, Marriott Marks, copyrights, patents, trade secrets, Confidential Information (as defined below), reservation confirmations, and other Intellectual property rights and information provided by Marriott and Properties (all of the foregoing, collectively, “Marriott Content”), Marriott hereby grants to the counterparty to the Agreement (the “Licensee”) a worldwide, limited, non-exclusive, non-transferable, revocable license to use, display and publish, in the media set forth in the Agreement and not otherwise disapproved by Marriott from time to time, the Marriott Marks for the consideration set forth in the Agreement solely for the purposes of facilitating bookings by Marriott guests at the Properties through Licensee’s approved systems pursuant to the specific representations, warranties, covenants and obligations set forth herein and in the Agreement (the “License”). In no event shall Licensee or any of its Affiliates translate, modify or alter in any manner any Marriott Content. All uses of the Marriott Content by Licensee shall faithfully reproduce the text, color, design and appearance of the Marriott Content as provided to Licensee by Marriott or requested by Marriott, including trademark and copyright designations. Licensee agrees that Marriott has the absolute and sole right to inspect all uses of Marriott Content pursuant to this Agreement. Licensee agrees to submit to Marriott, at Marriott's request, electronic or hardcopy specimens of materials containing the Marriott Content for Marriott's inspection and approval. In the event that Marriott determines that said specimens do not comply with the License or do not otherwise meet with Marriott's approval, Licensee shall immediately discontinue and shall not further use such specimens. Licensee will comply with Marriott’s requirements to modify the specimens so that they are in compliance with Marriott's requirements, and approved by Marriott. Licensee acknowledges and agrees that it is not authorized or licensed by Marriott to use or display the Marriott Content in any form, manner or medium, whether now known or hereinafter devised, for any purpose or use, other than those expressly authorized hereunder. The License is subject to Marriott’s right to refuse particular uses at any time and from time to time, including without limitation, approval of any and all advertising referencing Marriott Content. The License is further subject to Marriott’s right to revoke or suspend the License in whole or in part as to Licensee or any part of Licensee’s System including any Licensee Affiliate in Marriott’s discretion for non-compliance with the terms of the Agreement and shall terminate automatically with the termination or expiration of the Agreement. Upon termination, Licensee and its Affiliates shall destroy or permanently delete all Marriott Content and anything confusingly similar to the Marriott Content from Licensee’s System. To the extent permitted in the Agreement, Licensee’s approved systems may include Licensee’s subsidiaries and contracted third parties in an affiliate program and duly-contracted subscribers to Licensee’s services and systems (“Licensee’s Affiliates”) (collectively with Licensee, “Licensee’s System”), subject in each instance to incorporation of these terms by reference, to Licensee’s responsibility for Licensee’s Affiliates compliance with these terms, to Marriott’s right to disapprove or suspend particular Licensee Affiliates from time to time, and to Licensee’s Affiliates’ accurate up-to-date display of all Marriott Content. Licensee’s Affiliates do not have any right to sublicense Marriott Content. Licensee shall maintain effective procedures to make these terms and any amendments hereto available to all Affiliates, shall monitor Affiliate compliance with these terms and shall immediately notify Marriott in the event Licensee becomes aware of defaults or conditions that are reasonably likely to become defaults with the terms hereof. Licensee shall also assist Marriott in enforcing Affiliate compliance with these terms, including suspension or termination of Affiliates as necessary or required by Marriott. Any right, title or interest in or relating to the Marriott Content which comes into existence as a result of, or during the exercise by Licensee of, any right granted to it hereunder, shall immediately vest In Marriott. All goodwill resulting from use of the Marriott Content by any person will inure solely to Marriott. Marriott retains all right, title and interest in and to the Marriott Content, including any intellectual property owned, developed or acquired by Marriott and used by Marriott in connection with the Agreement or services provided thereunder and all related Confidential Information, which may be modified at any time in Marriott’s discretion and which is a trade secret and proprietary, whether or not any portion thereof is copyrighted or patented and nothing contained in the Agreement will be construed as conferring upon any other person, by implication, operation of law or otherwise, any other license or right. This Agreement does not convey to Licensee any ownership or other proprietary rights to the software used by Marriott, Properties or by third party contractors acting at the direction of or on behalf of Marriott or Properties or to data and other Confidential Information provided to Licensee by, on behalf of, or at the direction of Marriott, including information supplied by or on behalf of Marriott in Marriott’s systems. Such software and Confidential Information constitutes trade secrets and Marriott’s proprietary Confidential Information whether any portion thereof is or may be validly copyrighted or patented. In addition, any data processing documentation supplied to Licensee by, on behalf of or at the direction of Marriott or Properties in any form with respect to the operation of such software, and any and all copies thereof, is Confidential Information provided for the exclusive use of Licensee and may not be disclosed or made available by Licensee to any other person, firm, corporation, or governmental entity in any form or manner whatsoever, except as set forth in this Agreement. Licensee expressly acknowledges and agrees that, notwithstanding anything to the contrary herein, all guest name record, passenger name record, extended name record, passenger, Property information, and other data and information entered into Licensee’s System by, at the direction of or on behalf of Marriott or Properties may be used by Marriott and Marriott has sole discretion concerning the use of such information. In addition to the foregoing, Marriott "Confidential Information" includes the Agreement, and the pricing and other financial information contained in the terms of the Agreement, the original and any subsequent negotiations or renegotiations of the Agreement, as well as all information, communications, data, documentation and materials, in any form (whether oral, written, graphic or otherwise) designated as confidential by Marriott, or which is in fact confidential in nature, and/or the Licensee knows or ought to know is confidential, including but not limited to all prices and discounts, plans, technical, business, commercial, development and systems timescales, employee, customer or financial information and all plans, proposals, forecasts, sketches, models, samples, databases, trade secrets, know-how, inventions, techniques, processes, procedures, methodologies, schematics, contracts, customer bases, computer programs, documentation or other IT related Information, drawings, specifications and all communications with Marriott and the Properties pursuant to or in connection with the Agreement (including all other notes, analyses, amendments, addenda, compilations, studies and documents which relate thereto). Licensee hereby agrees to indemnify and hold harmless each Property, Marriott, and each of their owners, partners, subsidiaries, affiliates, franchisees, and each of such persons' or entities' officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, permitees and employees (collectively referred to as the "Indemnitees"), against and from any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorney's fees), and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise ("Claims"), arising out of or in any way connected with this License, the Agreement, the sites, mobile applications, widgets and call centers provided by Licensee or any Licensee affiliate, including any affiliated company or site hereunder, or any related act or failure to act by Licensee or Licensee’s parties, and whether or not occurring during the term hereof or occasioned or contributed to by the negligence of any Indemnitee or any agent or employee of the Indemnitees, or any of them (except as and to the extent otherwise prohibited by applicable law), including without limitation any such Claims related to infringement by Licensee or Affiliates of the rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or other intellectual property laws (collectively, "Intellectual Property Rights"). Marriott, in its sole discretion, may commence, prosecute, or defend any claims or suits resulting from infringements, dilutions, imitations, or misuse of the Marriott Content, and Marriott shall, in its sole discretion, make all decisions in how to prosecute or defend any such claims or suits, including filing motions, or entering into a settlement. Licensee shall not institute any suit or take any action on account of any infringements, imitations, dilution, or misuse of the Marriott Content. Licensee acknowledges that the Marriott Content and the goodwill associated with therewith, constitute a valuable property interest of Marriott and that Marriott may suffer substantial, irreparable damage and may be without adequate remedy at law in the event of use of any of the Marriott Content by or on behalf of Licensee other than in conformance with the terms and conditions of the Agreement. Accordingly, notwithstanding any cure rights set forth in the Agreement on behalf of Licensee or other remedies available to Marriott at law, Marriott shall be entitled to seek immediate injunctive relief for any infringement, imitations, dilution, or misuse of any of its rights in any of the Marriott Content or any unauthorized use of any materials containing any of the Marriott Content, by or on behalf of Licensee, or if at any time Licensee fails to fulfill any of its obligations hereunder. In regard to any information transmitted or made available by Licensee’s System to Marriott or the Properties, Licensee agrees to comply with the requirements of the CAN-SPAM, CASL, EU Data Protection Act of 2003 and other similar legislation in Licensee’s distribution of email that contains messaging regarding this Agreement, Marriott or the Properties and to be bound by and comply with the Marriott Global Privacy Statement, a current copy of which is set forth at http://www.marriott.com/about/privacy.mi as such Privacy Statement may be amended from time to time. The Parties hereby acknowledge and agree that the Privacy Statement, as amended from time to time, is hereby incorporated herein and forms a part of this Agreement as if the entire text of the Privacy Statement and linked pages was set forth herein. In the event of a conflict between the terms of this Agreement and the Privacy Statement, the Privacy Statement shall control, unless and to the extent that a provision of this Agreement is more protective of Marriott. Any amendment to the Privacy Statement shall be posted at the foregoing URL, or another URL of which Marriott has provided or will provide Licensee notice. Licensee acknowledges and agrees that Licensee’s continued performance of the services after the posting of such an amendment shall constitute Licensee’s assent to such amendment and agreement to be bound by the same. This License may be amended from time to time by Marriott. Any and all such amendments are incorporated into the Agreement and binding upon Licensee and Licensee’s Affiliates effective as of the date an amendment is published upon this website. The Agreement and this License do not permit Licensee to sell or re-sell any rooms in Properties in any way, or to display any other information about Marriott or Properties, including without limitation room prices or terms of information distribution. This License does not set or control in any way the pricing or pricing level at which Licensee’s System helps Marriott guests book or sell Property accommodations. This License does not include any right to and Licensee shall not at any time represent that Licensee is employed by Marriott or any Property or that Licensee is authorized to make any contracts, agreements or obligations on behalf of Marriott or any of its affiliates, Properties or owners thereof, and Licensee shall not take any actions on behalf of Marriott or Properties or in Marriott’s or Properties’ names. This Agreement shall not operate so as to create a partnership or joint venture of any kind between the parties. In the event of any conflict between the terms of this License and the terms of any other agreement between the parties or their affiliates, including participating Marriott properties on the one hand, and including any terms on any websites or other forms of electronic media, the terms of this License shall prevail.
  • Further Specific License Restrictions:
    The License applies to all uses of Marriott Content, including websites, mobile websites, mobile applications and individual web pages of Licensee used for and/or displaying hotel accommodations of any Marriott brand. They also apply to content used within advertisements that direct traffic back to Licensee websites or mobile products. During the term of the Agreement and thereafter, Licensee:
    • shall not knowingly do or cause to be done any act or thing contesting directly or indirectly, attack or interfere with the title or validity of the Marriott Content, or attack or interfere with Marriott's ownership rights to the Marriott Content.
    • shall not attack the validity of the License granted hereunder;
    • shall not at any time, without the prior written consent of Marriott, adopt or use any word, name, symbol, device, or mark including, without limitation, any signature, design, logo, trade dress, Internet domain name, address, URL or site of other trade designation which is confusingly similar to the Marriott Content;
    • shall not harm, misuse, or tarnish the Marriott Content;
    • shall not use the Marriott Content in any manner which could reasonably be expected to diminish the infringe, dilute, or damage the strength and value of the Marriott Content;
    • shall comply with the usage requirements in this License;
    • shall not modify, alter, or revise the Marriott Content in any manner;
    • shall not authorize or agree to any third party's use of the Marriott Content, or any Trademark or any word, name, symbol, device, or mark (including, without limitation, any signature, design, logo, trade dress, Internet domain name, address, URL or site of other trade designation) that incorporates, comprises (in whole or in part), dilutes, or is confusingly similar, to the Marriott Content other than as provided herein;
    • shall not, directly or indirectly, register or attempt to register any of the Marriott Content or any word, name, symbol, device, or mark (including, without limitation, any signature, design, logo, trade dress, Internet domain name, address, URL or site of other trade designation) that is confusingly similar to any of the Marriott Content.
    • Hotel information and rates listed must comply with Marriott’s Look No Further Best Rate Guarantee and all other Marriott advertising standards and terms outlined or referenced within this License. Licensee may not make any false, misleading or deceptive claims, including claims that it offers specially discounted rates on Marriott accommodations that are not made available by Marriott through other authorized Marriott channels. This includes but is not limited to the following phrases in connection with Marriott Content: "substantial discounts", "exclusive rates", or "exclusive savings".
    • Licensee may not make any false, misleading, or deceptive claims in connection with the use of any Marriott Content, including phrases such as "save 70%", or "special rates". This includes the use of "discounting" language in relation to Marriott brands (for example, “cheap Marriott rooms” or “discounted Renaissance rooms”).
    • Each web page or other electronic or hard copy medium containing Marriott Content should clearly indicate that the Licensee is the provider of the medium. In the event Licensee develops a private label site or other medium for a third party, the third party must be identified on the site or medium consistent with the foregoing. There may not be a statement, either express or implied, that the website or medium is an “official Marriott website” or that Marriott is associated with or has endorsed the website, mobile product or other medium.
    • Without the prior written permission of an authorized Marriott representative, a website or other medium may not use any Marriott Content in any part of a URL path, including but not limited to one or more domain name(s).
    • Licensee may not, whether manually or via an automated tool, monitor, download, scan or copy any content, photograph(s), or graphic design(s) from Marriott's web or mobile sites or other media without the permission of an authorized Marriott representative.
    • Licensee may not, whether manually or via an automated tool, copy, scrape, frame, mirror or otherwise incorporate any content from Marriott’s web or mobile site or other media into any other website or for re-use or publishing without the permission of an authorized Marriott representative.
  • Advertising:
    The License restrictions apply broadly to the use of Marriott Content, including use within both web and mobile environments for ALL forms of advertising, Including but not limited to the following areas:
    • Search engine
    • Contextual Advertising
    • Targeted display advertising (Including site retargeting), including Google Display Network
    • Travel/meta/comparison search sites
    • Mobile (including display ads, applications, SMS communications)
    • Social media
    • Licensee agrees to observe Marriott's exclusive rights as to the Marriott Content within all pay-for-placement and other search engines. Licensee may not bid on keyword terms, or contextual category terms containing Marriott Marks or common misspellings of Marriott Marks, whether alone or in conjunction with other terms within web or mobile devices.
    • Licensee may not bid for preferential positioning— or become the primary (or sole) listing—on ads appearing against Marriott Marks and trade names.
    • Licensee may not use ANY Marriott Mark or common misspelling in the text, title, images or display URL of ANY web-based or mobile advertisement, or any SMS communication.
    • Licensee may not utilize or distribute software downloads that potentially enable diversions of compensation from other third-party intermediaries providing similar services.
    In addition to the use of Marriott Marks outlined in Section II, the following specific requirements apply to all marketing:
    Paid Search:
    The License restrictions apply to Licensee use of paid search or contextual advertising or other forms of targeted advertising offered by companies operating:
    • Search engines, e.g., Google, Yahoo!, Bing, Baidu;
    • Travel/Meta/Comparison search sites, e.g., TripAdvisor, Kayak, Qunar, Nextag
    When purchasing generic, lodging-related keywords (e.g. “hotel”, “New York hotels”, etc.) on open-ended, non-exact match types such as "broad match" or “phrase match”, the advertiser must list all of Marriott’s Marks arid common misspellings as negative keywords in order to prevent their ads from appearing as a result of a search for Marriott branded hotels. For example, a search for a Marriott hotel using search terms such as “Marriott Atlanta hotels” or “Courtyard Atlanta hotels” could trigger a non-Marriott ad to appear if "Atlanta hotel” was originally purchased and “Marriott” and “Courtyard” were not included in the corresponding negative keyword list. Negative keywords should be set at the highest level possible within search engine accounts/campaigns to ensure the negative strategy applies to each keyword.
  • Search Engine Optimization (SEO):
    The License restrictions apply to websites and individual pages that market and/or display hotel accommodations of any Marriott brand and uses search engine optimization tactics in order to gain rankings in natural search results on keyword terms that contain any Marriott Mark.
    • Meta data and Title Tags: Licensee may not employ repetition of Marriott-related keywords (keyword stuffing) within meta data or site content for the purpose of skewing search results.
    • Metatags: Licensee shall not use of any of the Marriott Content or the name of any property owned, managed or franchised by Marriott, as metatags in websites, other than pages in which Marriott Properties are represented for the purposes permitted by the License. For purposes of the License, "Metatag" means a special HTML tag (or HTML-like tag or other similar hidden code embedded in a web page) that provides information about a web page.
    • Deceptive redirects (cloaking): Licensee may not present one type of page content to the search engines to achieve rankings on a Marriott-related search, but redirect uses to another page that contains different or unrelated content.
    • Hidden or Invisible text: Licensee may not place Marriott-related keyword rich text on a page that is the same color as the background, such that it is hidden from a visitor’s view but not from search engine spiders.
    • Google Places and other local listings: Licensee may not submit/claim Marriott hotel listings within any local services/products and directories.
  • Social Media & Commerce:
    The License applies to Licensee use of social media advertising or other forms of targeted advertising offered by companies such as: Facebook, Linkedln, Foursquare, RenRen, Groupon, Living Social, etc.
    • Licensee may not create social media accounts (such as Facebook Fan pages, Twitter accounts, etc.) that include Marriott Content.
    • ‘Like’ or ‘share’ button functionality may not be used by Licensee to promote Marriott Content within Licensee’s System, including websites or mobile sites, without Marriott's permission.
    • A hashtag is a tag used on the social network Twitter as a way to annotate a message (Ex: #yourhashtag), and are commonly used to show that a tweet, a Twitter message, is related to an event or conference. Re-tweeting, using Marriott's hashtags, or public messaging Marriott's social forums (twitter handles, blogs, walls) may not be done by Licensee’s System, whether on their website or owned social media forums, without Marriott's permission.
    • An Licensee may not further discount or provide incentives on the purchase of Marriott rooms & rates within Group Buying, Flash Sales, Social Commerce and Daily Deals sites and applications.
  • Spyware and Other Automated Tools:
    The License restrictions apply to Licensee’s use of software applications that (a) fall under the general categories of “spyware”, “adware”, “grayware”, or “malware”, as those terms are generally defined or used in the industry; or (b) extract data or content from Marriott.com.
    Licensee may not use or download onto a user's computer any spyware, adware, grayware, malware or similar tool; or CM toolbars or other navigational element that integrate with or frame Marriott.com and are designed to divert traffic from Marriott.com or any other Marriott outlet.
  • Enforcement: Subject to and unless and until Marriott exercises other rights under the License or the Agreement, the following terms shall apply:
    • First violation: Once Marriott has notified Licensee in writing that it or its Affiliate has violated any term of this License, the Licensee must take the following steps, or cause its Affiliate take the following steps, to remedy the violation within thirty days of the date of the written notice:
      For violations of the Advertising terms (including paid search, contextual or targeted ads, mobile ads, social media & commerce, and spyware), by disabling non-conforming links, ads, automated tools, social media accounts or web pages, or by making appropriate changes to each link, ad text, ad title, account or web page and applicable automated tools.
      For violations of Site Content terms and SE0 terms, by making appropriate website changes.
    • Subsequent violations: Following a second violation by Licensee, or failure to remedy a previously identified violation, Marriott reserves the right to temporarily suspend or permanently revoke (i) its authorization to book or sell hotel accommodations of any Marriott brand; and/or (ii) payment of commissions for stays that result from bookings made following the second violation.
      With respect to second violations of the License or failure to remedy a previously identified violation by an affiliate in an Licensee's Affiliate network, within 3 business days of receipt of written notice from Marriott, Licensee shall terminate the Affiliate's ability to receive Marriott Content and to advertise or sell hotel accommodations of any Marriott brand until further authorization by Marriott.
      Marriott reserves the right to take appropriate legal action against all parties that violate its intellectual property rights, including trademark and copyright.
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