InnSuites Boutique Hotel Collection

InnSuites Boutique Hotel Collection Trademark Listing Agreement

Hotel Name: ____________________________________________
Location: _______________________________________________

• InnSuites Boutique Hotel Collection IBC, ("Licensor") provides a reservations service and a trademark license facilitating customers to shop for, reserve and pay for hotel rooms. Licensee wishes to promote its properties indicated below and/or Exhibit A through IBC (the "Properties").
• Licensor is owner of the Licensed Trademarks (InnSuites, InnSuites Boutique Hotel Collection, InnSuites Boutique Collection Suite Hotel, Your Suite Choice Value, Your Boutique Suite Choice Value, InnSuites Hotels, InnSuites Hotel $amp; Suites, InnSuitesBoutiqueHotelCollection.com, BoutiqueHotelsReservations.com, innsuites.com, Celebrity Suites). Licensor grants Licensee a license to use the Licensed Trademarks during the term of this agreement in connection only with Licensee's hotel operations at the Licensed Location.
• Licensee is currently in the hotel business and has been operating the Licensee for at the past 2 years and is experienced in the field of operating a hotel.
• Licensee and IBC will specify a certain number of rooms on certain dates that are available for booking on IBC (the "Allocation"). The Allocation will consist of "run of house" inventory, except that all rooms in the Allocation must accommodate at least two (2) adults.
• Supplier will designate the rate to be charged to customers of IBC for rooms at the Properties (the "Room Rate"). Once a reservation against the Allocation is booked through IBC, Licensee will honor the reservation at the Room Rate (not more than 10% difference from other OTA's including Expedia), Licensee will not cancel a reservation, without IBC's written consent.
• IBC will provide an online interface or email interface for Licensee to provide and make changes to the Allocation and Room Rate. Licensee agrees to use such online interface.
• Upon receipt of a reservation, IBC will communicate such reservation to Licensee via email.
• IBC will charge customers an amount equal to the Room Rate and applicable taxes. In return for promoting the properties through IBC, IBC will be entitled to retain fifteen percent (15%) of the amount charged the guest. IBC will send the net proceeds after a guest has checked out.
• Licensee will be responsible for informing IBC of the rates and the then-applicable Tax rate for rooms sold at the Properties (and any changes thereto). Licensee will be responsible for timely remitting to the proper taxing authority all applicable taxes.
• Licensee will collect payment directly from customers for any incidentals or any upgrades or extended stay requested by customers once at the Properties. Licensee will pre-approve any customer requests that will results in IBC refunding any portion of the Room Rate, confirming with IBC that such requests are acceptable. Cancellations 14 days or more in advance will result in a full refund. Cancellations less than 14 days in advance will result in a refund less the Cancellation Fee equal to one night's room and tax. Cancellation fee is shared 85% by Licensee and 15% by Licensor.
• Licensee will, at no cost to IBC, provide IBC reasonable access to the Properties for the purpose of taking photographs for promotion of the Properties on IBC and in other marketing materials. IBC will have the right to create and display its own editorial descriptive materials for the Properties including internet web base starting with the word "Hotel".
• The term of this agreement will commence on the later of the two signature dates below and will continue for one (1) year unless terminated by either party for any reason with ninety (90) days written notice (thirty (30) days in the event of sale or flag change)). At the end of any term, the agreement will automatically renew on a month-to-month basis.
• Each party agrees to defend, indemnify and hold harmless the other from any loss arising out of this performance of this Agreement under Arizona law. Neither party shall be liable hereunder for punitive, incidental or consequential damages, or for an aggregate amount of exceeding the amount earned by IBC under this agreement during the twelve (12) months preceding the event that gave rise to the claim.