A.2
When applying to become a Bluefish Partner, you MUST provide all information accurately. Failure to provide accurate information will result in immediate invalidation of application and/or partnership. If at time during your partnership with Bluefish your information changes, please contact Bluefish immediately to avoid details incongruent with those existing.
A.3
Each Partnership solely applies to the applicant. Partnership cards are NOT to be used by any other party than the applicant, applicant spouse or personal assistant (where applicable). It is the responsibility of applicant alone to ensure that Partner card is used solely by the applicant. A.4
Access to the Partner section of the Bluefish Website is reserved solely for those with Partner status via use of designated number and password. Should a concern arise that a party other than the applicant is accessing the Partner section of the Bluefish Website using the number and/or password of the applicant, Bluefish must be contacted immediately to resolve the matter. Applicant will be issued a new number and/or password will be issued to the applicant immediately. Resolution of unauthorized use of number and/or password is solely the responsibility of applicant, as applicant agrees to notify Bluefish immediately should a concern of unauthorized access to partner section of website arise. A.5
The Bluefish Partner card is reserved solely for the uses, services, products and benefits in which it was issued. Should the card be stolen or lost, applicant agrees to notify Bluefish immediately.
A.6
The Bluefish Partner card may be used by immediate family members. As the Partner Program is based on mutual understanding and trust, Bluefish and Bluefish employees expect Partners to use discretion and honesty when listing immediate family members to use the card. Should Bluefish or Bluefish Employees find or suspect that relations aside from immediate family are using the applicants Bluefish Card, we will immediately contact the Partner. Should Bluefish find the Partner to be at fault for such use, Bluefish reserves the right to discontinue the card immediately.
A.7
Bluefish in no way attests to following traditional protocol at the events we attend. However, certain maturity, demeanor and attitude is expected, and should any Bluefish representative or employee feel that a Bluefish guest or Partner is of particularly cantankerous, unruly or outright belligerent attitude at any one of the events in attendance, Bluefish reserves the right to dismiss said Partner from the event and any events thereafter. In addition, Bluefish reserves the right to remove described Partner Card privileges and ultimately cancel partnership through repossession of said Partner's card without refund. Simply put, behave yourself.
Partner fees, cancellations and Renewals. B.1
Current Partner fees will remain posted on the website under the partner page. Increases or other changes will be updated in coherence with the time of the change. You may receive information on the current rates via the newsletter, on the partner page or ask Bluefish directly via email or telephone. B.2
Partner fees are non- refundable. However, should the circumstances dictate or require special refund consideration; Bluefish will determine the amount and time restraints concerning refunds based on circumstances and individual partnership. Regardless, the initial joining fee remains non refundable. B.3
Bluefish reserves the right to cancel or postpone individual partnerships at any time for any reason determined by Bluefish Personnel. If, for any reason, Bluefish determines partnership null and void, Bluefish shall refund the remainder of the annual partner membership fees over a time apportioned basis in respect to the time remaining in the partnership. B.4
Partnership fees are due at time of partnership application acceptance and annually thereafter. To renew membership each year, applicant is responsible for paying appropriate renewal fees in one month (28 days) advance to expiration of current membership. Fees are to be paid as direct debit, or payment by credit/ debit or charge card. B.5
By accepting these terms and conditions, applicant automatically authorizes Bluefish to deduct required fees by direct debit or any other payment card 28 days prior to designated renewal date as determined on application. Should Bluefish not obtain, keep record of, or find that payment/card details no longer apply, Bluefish will obtain current card information from applicant in order to renew partnership. B.6
Upon collection of full partnership dues, Bluefish will issue you partner pack consisting of items found on Partner section of the website. These items are subject to change based on availability. Bluefish will make every attempt to inform applicant of changes, however is in no way responsible for failure to notify partners of Partner Pack item changes. Refer to website for current items comprising the Partner Pack. Should applicant choose to NOT renew partnership, applicant MUST inform Bluefish 28 days prior to renewal date to receive full refund of any existing payments paid to Bluefish in regards to partnership fees. Before refund in rendered, all items of Partner Pack must be returned in full to Bluefish.
B.8
Should an applicant allow his/her partnership to lapse for 29 or more days following renewal due date, Bluefish reserves the right to charge an additional joining fee to allow applicant to renew partnership.
B.9
By becoming a Partner with Bluefish any year other than the founding year (2006), you accept renewal increases based on cost of living increase percentages. These increases will be based on the percentages figured by a credible national source, however are the sole discretion of Bluefish and Bluefish Employees.
B.10
Bluefish offers a referral incentive for all noted referrals on the Partner's behalf. Should a Partner join due to the encouragement or referral of an existing Partner, Bluefish will credit $500 towards the cost of the existing Partner's renewal, and a $500 to the initial Partner Fees of new Partner.
Partnership Benefits C.1
Initiating Partner status with Bluefish via application approval and payment of appropriate fees, entitles applicant to all benefits as denoted on website. The relevant supplier has approved all benefits and descriptions depicted on the Site. C.2
Partner benefits as depicted on Site are subject to availability and subject to change at discretion of Bluefish and/or supplier without notice. C.3
Bluefish continues to develop and research benefits to provide to partners. Bluefish will attempt to notify partners of new, existing and discontinued benefits in a timely manner, however, is no way responsible for lack of notification concerning changes or discontinuations as benefits and conditions are subject to availability and circumstances. While Bluefish aims to honor existing commitments, outside circumstances and supplier actions remain outside Bluefish control, and Bluefish cannot be held accountable for the actions of suppliers. Using Partnership D.1
Partner requests are to be made via three (3) means in order to be considered: • telephone
• email
• website D.2
Bluefish will honor requests described on the website, in the newsletter and specific to the individual, and attempt to complete them to the best of Bluefish ability pending the following: • the request is lawful, proper and moral
• the request is made in a timely manner in regards to the event, experience, services or desired result
• the request does NOT interfere with existing relationships, commitments and/or standards of quality, ethics and/or services D.3
Bluefish reserves the right to withdraw, change, cancel or refuse any of the services or products described on the website, magazine and/or newsletter at discretion of Bluefish or Bluefish personnel. D.4
If for any reason, Bluefish finds that fulfilling an individual or group request is impractical, unreasonable or not feasible, Bluefish shall contact requester to notify of circumstances. D.5
In offering products or services, Suppliers consent to fulfilling commitments and requests to the best of their abilities. Bluefish will act as liaison between partner and supplier, unless Bluefish decides for any reason at their discretion that it proves more appropriate for partner to communicate directly with Supplier, in which Bluefish will provide partner with contact information for the appropriate Supplier solely. D.6
At any time, Supplier may change, cancel or initiate any terms and conditions applicable to the individual services or products of said supplier, to which partner is responsible for complying and honoring. D.7
Throughout the duration of partnership with Bluefish, the credit card/payment device details may be required to purchase, confirm or hold specific products, services or access to events. Upon request or authorization to Bluefish in regards to purchase, confirmation or holdings or services to use of payment device information, partner agrees to NOT hold Bluefish or Bluefish personnel liable, accountable or responsible for any and all circumstances in regards to use of payment device or procedure providing Bluefish acts in accordance to instructions issued specifically by partner or payment device holder for defined transaction. D.8
In providing information in regards to payment device and procedure to Bluefish and/or Bluefish personnel for access to any and all products and services provided on the behalf of Bluefish, partner agrees that payment device and procedure are legal, authentic and available on partners' behalf, and agree that sufficient funds in regards to product and service are available through provided payment device and procedure. D.9
Pending on service or product provided through Bluefish and Bluefish personnel, certain handling and/or additional charges may apply. In authorization of payment device and procedure partner accepts any and all charges issued to payment device in regards to said handling, service and or additional charges issued on behalf of products and or services provided. D.10
Should partner instruct Bluefish or Bluefish personnel to order, purchase, hold or confirm any products and or services on said partner's behalf, said partner authorizes Bluefish to deduct credit sum from said partner's payment device within 30 days of said payment date. Should authorized purchase of products or services require the use of cash payment, partner agrees to entitle to Bluefish to add any and all additional charges to denoted payment device, whereby denoted amount will be deducted from payment device thereafter. D.11
Any and all cancellations to product purchase and or service performance previously initiated by partner or instruction of partner, and in action at time of desired cancellation shall be denied unless agreed upon by specific supplier under defined circumstances. E. Travel Services and Products E. 1
Any and all services purchased, confirmed, held or agreed upon by partner including tickets, packages, experiences, and or all other travel arrangements made on through Bluefish on the behalf of the partner, will be held subject to the terms and conditions of the specific supplier and partners of the supplier. As all arrangements are only made THROUGH Bluefish, on behalf the supplier and partner, partner is limited to rights and remedies against said supplier alone, and agrees to alleviate Bluefish and or Bluefish personnel of any and all responsibility, accountability and liability. F. Restaurant, Club and Venue Services F.1
Should partner request or direct Bluefish or Bluefish personnel to research, reserve, confirm or access the use of any restaurant, club, venue and or any other applicable similar facilities under such definition, partner agrees to authorize Bluefish and or Bluefish personnel to debit the payment device of said partner for amount necessary to reserve, confirm or access the venue agreed upon. Fees incurred for such services will be forfeited in case of cancellation and or rescheduling made on behalf of said partner. G. Tickets G.1
Should partner request or purchase venue, event, performance, and or any tickets associated with similar definition, partner acknowledges that he/she is purchasing said tickets above face value. As Bluefish provides partners with the “best available” tickets, additional fees and charges will be added to original face value; and in purchasing said tickets, partner agrees to additional charges including but not limited to vendor and venue charges, and additional fees incurred for the services provided by Bluefish and Bluefish personnel. G.2
All sales made on the behalf of Bluefish and or Bluefish personnel are final, and no refunds and or cancellations will be issued to partner once said products or services have purchased. On rare occasion, and based on specifically defined and outlined circumstances, Bluefish will refund a portion or all of the product price. These refunds are based solely on individual circumstance and specific to partner and the product or service purchased. G.3
Should a performance, venue or event be cancelled at the direction of the artist/promoter, only face value of associated tickets will be refunded. All other fees incurred remain non- refundable. G.4
Tickets will be delivered to purchasing partner via available mail services in the most timely manner available. Bluefish, nor the associated ticket agent, is NOT responsible or liable for any mistakes, failure to deliver or any other faults made on the behalf of the delivery service responsible for delivering the purchased tickets. G.5
Pending on circumstances within or outside of Bluefish control, tickets arrival time will vary, and partner agrees to alleviate Bluefish and or Bluefish personnel of any and all responsibility, accountability and liability in regards to delayed delivery times. G.6
Bluefish and associated ticket agents reserve the right to upgrade tickets, downgrade tickets and or cancel tickets in full in response to circumstances outside Bluefish and or agent control. Appropriate charges or refunds will be issued in regards to said changes at discretion of partner, Bluefish and agent. H. Products and Services purchased in response to advertisement on Bluefish Website H.1
Should the requested product or service be unavailable at the time of request, partners will be provided a substitute and or option of equivalent quality or value. Should partner choose to decline provided option, said partner may be compensated in full refund or credit. H.2
Any and all product or service descriptions have been approved and or accepted by associated supplier. Bluefish is NOT responsible, accountable or liable for any and or all inaccurate and or misleading product or service descriptions. H.3
Any and all fees incurred as a result of purchase are due at time of product or service acceptance on behalf of partner. I. Bluefish Credit Card I.1
Upon application submittal, applicant agrees that all information provided is accurate and complete to the best of applicant's knowledge. Upon application submittal, applicant authorizes Bluefish and or Bluefish personnel to obtain any and all necessary credit references and to disclose any and all necessary details of any application or transaction with any credit reference agency or bureau and to make any enquiries necessary to ascertain applicants approval on behalf of Bluefish in regards to access to a Bluefish credit card and the privileges associated with said card. In addition, upon application submittal, applicant authorizes the appropriate banking institutions to respond to relevant enquiries. J. Liability J.1
Acting as liaison between partner and supplier, Bluefish shall use necessary and reasonable endeavors, contacts and means to service partner in accordance with partner request and directions so long as the request is lawful and ethical and feasible in regards to time, means and skill on the behalf of Bluefish and Bluefish personnel. When requested products or services must be obtained from a third party, Bluefish acts as the agent in the transaction. In regards to suppliers, Bluefish will select supplying party on the basis of experience, accolades and reputation to best provide partner with desired results, however, is in no way responsible, accountable or liable for failure to deliver desired results due to fault on the part of supplier or associated parties. Partner shall use his/her sole discretion in regards to the quality, value and or suitability of supplier products and or services, as well as suggestions or recommendations given on by Bluefish or Bluefish personnel. J.2
Partner's contract and or agreement in regards to the products or services purchased, confirmed and or agreed upon is between partner and supplier solely. Bluefish remains the agent in all transactions, and unless previously specified and agreed upon by Bluefish, partner remains limited to rights and remedies against supplier alone. Nothing in these Terms and Conditions is designed to give any other person any rights and or remedies under the Contracts Act, or the Rights of Third Parties Act, of 1999. J.3
Bluefish acts as agent between partner and supplier, however holds no responsibility for any products or services rendered on behalf of the supplier and or any associated party, or for any aspect of the relationship between partner and supplier. J.4
As all contracts entered into between partner and supplier are held between said parties alone and are defined as independent contracts, Bluefish hereby disclaims any and all liability, accountability and responsibility for any act or omission on the behalf of supplier or any loss incurred by partner as a result of an act or omission of any particular supplier, regardless of Bluefish dealings in the transaction. J.5
Partner agrees to free Bluefish of any and all liability in regards to any losses or claims arising from any and all inability to access the site, Bluefish personnel or any failure to complete a transaction. J.6
Bluefish shall in no way be held responsible, accountable or liable for any loss, expense or damage, including but not limited to personal death or injury of any nature incurred on the behalf of partner and or associated parties, resulting from the products and or services provided, suggested, recommended or otherwise mentioned by Bluefish or Bluefish personnel, and or the supply of any and all products and services provided by third party through Bluefish. J.7
Bluefish shall NOT be held responsible, accountable or liable for any loss, damage, expense, death or personal injury, or any claims for compensation resulting from partner requests deemed incomplete, inaccurate or faulty, at the discretion of Bluefish. J.8
Bluefish shall NOT be held responsible, accountable or liable in regards to the guidelines outlined in these Terms and Conditions, for any failure or delay in agreed product or service delivery and or obligation, providing that delay or failure was due to circumstances outside reasonable control. J.9
Should Bluefish be held accountable or liable in any claim, Bluefish is responsible for compensation to offended party in the maximum of the total amount of annual Partnership fees, and will not be held liable for any amounts exceeding defined annual partnership fee, regardless of circumstances. J.10
Bluefish attempts to ensure that the website and all outgoing web related mail is free from viruses and other technologically harmful programs, however, cannot be held responsible for programs outside of Bluefish control. J.11
This section applies only to the extent permitted by law. K. Changes to Club Regulations K.1
When deemed necessary Bluefish will revise outlined Terms and Conditions. Bluefish is responsible for notifying partners of said changes in a timely manner, however cannot be held accountable for ignorance on the behalf of partners or related parties. Notification will be issued in one of the following mediums: The Website, Email, Newsletter, Magazine or by telephone. However, Bluefish reserves the right to make changes at the discretion of Bluefish, and notification of these changes remains the responsibility of the partner, and related parties, alone. Continuation and or renewal of partnership constitutes acceptance of revised and or altered Terms and Conditions. L. Copyright L.1
Bluefish retains all rights guaranteed under the United States Copyright Laws, and holds sole possession over all material included in the website, the newsletter, the magazine and all other mediums published by Bluefish and or related parties in association with Bluefish. Partners, related parties or the public at large are forbidden to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, transfer, sell or in any other way plagiarize the media and or information found on the Bluefish website and or any other media copyrighted and or owned solely or partially by Bluefish. M. Links M.1
Bluefish cannot assume responsibility or be held accountable for the material found on websites from which are linked to the Bluefish website or sites visited as a result of a link or suggestion by Bluefish personnel or found on Bluefish media. Bluefish cannot be held responsible, accountable or liable for any damages incurred or alleged as a result of the content, products, services and or materials found on the websites or media linked to the Bluefish website, media or publications. Bluefish does not support, discredit nor endorse the content or material found on websites, media or publications that may or may not also include the Bluefish website or linking websites on the said Site. N. Applicable Law and Jurisdiction N.1
The Terms and Conditions outlined here, in addition to the guidelines of all existing and future partnerships are governed by, and in accordance to the laws of the United States of America , and are subject to the jurisdiction of the courts and judiciary system of the United States of America and all governing parties. O. Bluefish Contact O.1
Should an existing, past or future partner or related party have any queries or complaints, please write to: Bluefish Concierge
224 DATURA STREET | SUITE 1309
WEST PALM BEACH, FL 33401
Or email Bluefish: Queries@thebluefish.com P. Registered Address 224 DATURA STREET | SUITE 1309
WEST PALM BEACH, FL 33401
Q. Privacy Bluefish will only use partner information to process requests, update partners on opportunities through Bluefish, inform partners of upcoming events and performances and provide partners with a subscription to BLUE magazine. Should a partner choose to discontinue notification services, email Bluefish directly at partner@thebluefish.com , and said partner will be removed from the Bluefish mailing database. Bluefish will in no way disclose partner information to any parties other than the specific supplier and representative involved in each individual transaction. Only Bluefish and Bluefish personnel will obtain direct access to partner's personal information. |
