Restaurant Management System by OpenTable

Restaurant Reservations - Free • Instant • Confirmed
Online Reservations
Apply to the OpenTable Affiliate Program
To apply for OpenTable affiliate program, please read and agree to the terms and submit the information below. Upon approval, OpenTable will email affiliates the information needed to begin participating in the program.
OpenTable, Inc. Standard Affiliate Terms and Conditions

The company designated below (“Company”) hereby agrees to and accepts the following Standard Affiliate Terms and Conditions of OpenTable, Inc. (“OpenTable”) as of the effective date listed below.

1. Agreement. OpenTable owns and operates an online reservation network that enables users to make reservations at certain restaurants (“OpenTable Client Restaurant”) through OpenTable’s website located at www.opentable.com (the “OpenTable Website”). Company maintains a website at the URL listed below (the “Company Website”) and wishes to provide links from the Company Website to the OpenTable Website. This Agreement contains the standard terms and conditions applicable to Company’s provision of such links.

2. Placement and Format of Links and OpenTable Content. Subject to the terms and conditions of this Agreement, Company agrees to place links on the Company Website adjacent to all listings of OpenTable Client Restaurants on the Company Website. The links will direct users to the corresponding OpenTable Client Restaurant reservation page on the OpenTable Website. Company further agrees to update and maintain the links using current and accurate information as provided by OpenTable to Company from time to time (“OpenTable Content”).

3. License Grant; Use of Marks and Content. OpenTable hereby grants to Company, during the term of this Agreement, a nonexclusive, non-transferable, revocable license to use, reproduce, publicly display, and publish the OpenTable Marks and OpenTable Content solely for the purpose of creating links from the Company Website to the OpenTable Website. Any use of the OpenTable Marks and OpenTable Content by Company must comply with any reasonable usage guidelines communicated by OpenTable to Company from time to time. To the extent Company displays OpenTable Content on the Company Website, Company shall attribute that content to OpenTable by including the phrase “Powered by OpenTable” or mutually agreeable language, and may also include OpenTable branding. Company agrees not to use or exploit any of the OpenTable Marks or OpenTable Content, except in such form as OpenTable may consent to. Company further agrees not to use the OpenTable Marks or OpenTable Content in a false, competitively adverse, or poor light. Company agrees to display OpenTable’s trademark and copyright notices or legends when using the OpenTable Marks or OpenTable Content. OpenTable reserves all right, title, and interest in and to the OpenTable Marks and OpenTable Content, along with any intellectual property rights associated with any of the foregoing, and no title or ownership of any of the foregoing is transferred to Company or any other entity or person under this Agreement. For purposes of this Agreement, “OpenTable Marks” mean trademarks, service marks, trade names, logos or other source identifiers owned by OpenTable.

4. Representations and Warranties. Company hereby represents and warrants to OpenTable that: (a) it has the right, power, and authority to enter into this Agreement and perform its obligations as set forth herein; (b) it is under no obligation or restriction that does or would interfere or conflict with its obligations under this Agreement, nor will it assume any such obligation or restriction; and (c) the information provided by Company in connection with this Agreement is true, correct, and complete.

5. Covenants. Company hereby covenants and agrees that: (a) Company shall comply with OpenTable’s privacy policy as in effect from time to time; (b) the Company Website shall not be operated in violation of any applicable federal, state or local law, rule or regulation; (c) the content included on the Company Website, as well as the operation of the Company Website, will not violate or infringe the copyright, trademark, trade name, patent, literary, intellectual, artistic or dramatic right, right of publicity or privacy or any other right of any entity or person or contain any material which is libelous, slanderous or obscene; (d) if any of the information provided above changes at any time, Company will notify OpenTable; and (e) the Company Website shall not publish, link to, sell or otherwise distribute Adult Content (as defined below), and Company will remove any such Adult Content as soon as Company becomes aware, or is made aware, of such Adult Content. For purposes of this Agreement, “Adult Content” means any material, including textual, audio or video material, which is violent or pornographic or which contains nudity, explicit violent or sexual material or depictions of violent or sexual acts.

6. Use of Data. Company shall not have the right to use, publish, share, sell or otherwise distribute any data collected with respect to users of the Company Website that relates to (i) their clicking on a link; (ii) their use of OpenTable, or (iii) any information deemed proprietary by OpenTable.

7. Disclaimer of Warranties. OPENTABLE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATURORY, WITH RESPECT TO THE OPENTABLE WEBSITE, OPENTABLE MARKS, OPENTABLE CONTENT, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OpenTable obtains the content appearing on the OpenTable Website from sources that it considers reliable; however, neither OpenTable nor any of its vendors warrant the accuracy or completeness of such content.

8. Limitation of Liability. IN NO EVENT SHALL OPENTABLE BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, SAVINGS, DATA OR USE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THIS AGREEMENT. BOTH PARTIES ACKNOWLEDGE AND AGREE THAT THE LACK OF A REQUIREMENT OF ANY MONETARY PAYMENT HEREUNDER IS BASED IN PART UPON THESE LIMITATIONS, AND FURTHER AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

9. Indemnity. Company shall indemnify and hold harmless OpenTable, its affiliates, and their respective officers, directors, members, employees and agents (the “OpenTable Indemnities”) from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (a) any misrepresentation or breach of Company’s representations and warranties set forth in this Agreement; and (b) any non-compliance by Company with any covenants, agreements or undertakings of Company contained in or made pursuant to this Agreement.

10. Governing Law, Jurisdiction. This Agreement will be governed by the laws of the State of California without regard to its conflicts of law provisions. Any claim or controversy arising out of or related to this Agreement shall be instituted in any state or federal court in San Francisco County, California. Each party agrees to submit to the jurisdiction of, and agrees that the venue is proper in, the aforesaid courts in any such legal action or proceeding.

11. Term and Termination. The term of this Agreement shall begin on the Effective Date listed below and shall continue until terminated as provided herein. OpenTable may terminate this Agreement or modify the permission granted herein at any time upon written notice to Company. Company may terminate this Agreement at any time upon thirty (30) days prior written notice to OpenTable. This Agreement shall terminate automatically if, at any time, Company is in violation of this Agreement. Immediately upon the termination of the Agreement, Company shall remove all links to the OpenTable Website and cease all use of the OpenTable Marks and OpenTable Content. The provisions of Sections 4, 5, 6, 7, 8, 9, 10, and 12 hereof shall survive termination of this Agreement.

12. Miscellaneous. This Agreement constitutes the entire agreement between the parties and supersedes all oral or written agreements and understandings made and entered into by the parties prior to the date hereof. Company may not assign this Agreement in whole or in part without the prior written consent of OpenTable, and any purported assignment in violation of this provision shall be null and void. Subject to the foregoing limitation, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. The Agreement shall not be construed or deemed to create any partnership, joint venture, agency, franchise, or other form of agreement or relationship than as expressly set forth herein.
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