PURPOSE OF THE TRAVEL AGENT PORTAL

The preferred travel agent portal (the “Travel Agent Portal”) was created by PLAYA HOTELS & RESORTS as a tool available for all of our travel agent partners (“Travel Agent”) that wish to register. It is designed to provide valuable information about our brands and their products. Please note that the content of this Travel Agent Portal is not guaranteed to be complete, accurate, or available and may be changed by PLAYA HOTELS & RESORTS at any time without prior notice.

PLAYA HOTELS & RESORTS reserves the right to cancel, change or modify the Travel Agent Portal and/or these terms & conditions at any time, in its sole discretion and without notice and such changes will become effective immediately. By using, viewing, transmitting, caching, storing, and/or otherwise utilizing the Travel Agent Portal and/or its contents in any way, you have agreed to each and all of the terms & conditions provided herein, and waive any right to claim ambiguity or error in these terms & conditions. If you do not agree to these terms & conditions, please do not use the Travel Agent Portal, close your browser immediately and abstain from using this Travel Agent Portal. You acknowledge and agree that the terms & conditions for the use of playaresorts.com website are hereby incorporated by reference to these terms & conditions.

CONFIDENTIAL AND PROPIETARY INFORMATION
Travel Agent acknowledges and agrees to hold as confidential and not to disclose to any third party any and all confidential information obtained in the Travel Agent Portal. For purposes of these terms & conditions, “Confidential Information” means any non-public information disclosed in the Travel Agent Portal, either being designated as such by PLAYA HOTELS & RESORTS or information that a reasonable person would understand to be confidential by its nature. If Travel Agent becomes legally compelled to disclose any Confidential Information, other than pursuant to a confidentiality agreement, Travel Agent will provide PLAYA HOTELS & RESORTS prompt written notice, if legally permissible, and will use its best efforts to assist PLAYA HOTELS & RESORTS in seeking a protective order or another appropriate remedy. Confidential Information does not include any information that (i) is or becomes part of the public domain through no act or violation of any obligation of the Travel Agent, including any information available at the playaresorts.com website, (ii) Travel Agent can prove was lawfully obtained from a third party without any obligation of confidentiality or (iii) is independently developed by Travel Agent without use of or reference to PLAYA HOTELS & RESORTS’ Confidential Information, as shown by written records and other competent evidence prepared contemporaneously with such independent development. All information and intellectual property posted on the Travel Agent Portal is proprietary to PLAYA HOTELS & RESORTS’ and therefore will remain its sole and exclusive property. These terms & conditions do not grant or otherwise give Travel Agent any ownership in or other proprietary rights to use PLAYA HOTELS & RESORTS’ trademarks and other intellectual property, except as explicitly provided for herein. Non-personal use of any content provided on the Travel Agent Portal, including but not limited to, modification, publication, transmission, creation of derivative works, or in any other way misrepresenting or exploiting any of the content, is not allowed unless PLAYA HOTELS & RESORTS gives prior written authorization.

ACCESS TO THE TRAVEL AGENT PORTAL
Travel Agents can only access our Travel Agent Portal once they have been duly registered and obtained their corresponding username and password. As part of their registration process, Travel Agents must provide appropriate proof evidencing their status as licensed Travel Agents with a valid ARC/CLIA/IATA/TRUE number in good standing. Travel Agents shall provide their log in credentials every time they want to access our Travel Agent Portal. Please be advised that log-in credentials are personal and non-transferable. Travel Agents shall be responsible for safeguarding the confidentiality of their log-in credentials.

TRAINING PROGRAMS
Our Travel Agent Portal offers a selection of training programs for Travel Agents in connection with our resorts in Mexico and the Caribbean. By participating in these training programs, Travel Agents will gain valuable information about our specific resorts and will become familiar with our brands. Once a Travel Agent has completed at least the required training program offered at our Travel Agent Portal, they shall be considered a certified Travel Agent. A certified Travel Agent would be able to better assist its clients in identifying the best resort for their specific needs.

AGENTCASH: COMISSION BOOSTER PROGRAM
Travel Agents who are duly registered in our Travel Agent Portal can sign up to participate in our “AgentCASH” program. This program will allow Travel Agents to earn commission from bookings reported in the system. Bookings reported in AgentCASH will be eligible to receive commission 30 days after the guests completed the stay. Travel Agents who request commission payment, must provide proof of a valid ARC/CLIA/IATA/TRUE number in good standing at the time the guest completed the stay. .

CLIENT AMENITY REQUEST
Travel Agents may submit a request for an amenity a minimum of 15 days before the guests arrival date. Please note amenities are not guaranteed to be available and may be canceled or changed by PLAYA HOTELS & RESORTS at any time without prior notice.

NO AGENCY RELATIONSHIP
Travel Agent and PLAYA HOTELS & RESORTS are independent contractors and each acknowledges and agrees that no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Travel Agent Portal and/or these terms & conditions.

INDEMNITY
By using the Travel Agent Portal, you agree to indemnify PLAYA HOTELS & RESORTS, its subsidiaries, affiliates and related companies and its respective officers, directors and employees, and hold them harmless from any and all claims and expenses (including reasonable attorney’s fees) resulting from your use of the Travel Agent Portal.

ACCESS TO MARKETING TOOLS AND MATERIALS
Travel Agents who register in the Travel Agent Portal will have access to the marketing materials made available under the “Media Library” tab under the “Sales Tools Menu”. Under this tab, Travel Agents will be able to download photographs and logos from our resorts. Travel Agents can use the resort’s photographs to include in their own marketing materials and/or websites. Please note that only the photographs made available under the “Media Library” tab may be used. Use of any other photograph, logo or image found elsewhere in the Travel Agent Portal or the Website is strictly prohibited. Each Travel Agent acknowledges and agrees that the marketing materials made available under the “Media Library” tab can only be used to create brochures or promotional material that fully complies in all respects with the specific guidelines herein contained and any other instructions provided by PLAYA HOTELS & RESORTS from time to time, and for the sole and exclusive purpose of promoting PLAYA HOTELS & RESORTS’ products. The use of the marketing materials made available under the “Media Library” tab by the Travel Agent must be in accordance with all applicable national, foreign and local laws and regulations and must not violate the rights of any third party and may not be modified, edited or altered in any way by the Travel Agent. Each Travel Agent acknowledges and agrees that when using the marketing materials on their own websites and/or social media pages, they must ensure that the website clearly and unmistakably differentiates the Travel Agent’s identity from the PLAYA HOTELS & RESORTS brands, products and services. The Travel Agent’s website must clearly indicate that the Travel Agent is the website operator, it must be evident that it is not a PLAYA HOTELS & RESORTS’ website, and Travel Agent is strictly prohibited from making any statement, either express or implied, that this is the “official” website for PLAYA HOTELS & RESORTS’ products and/or services. Furthermore, Travel Agent hereby agrees to restrain from purchasing any keywords that include trademarks owned by PLAYA HOTELS & RESORTS or any of its subsidiaries, affiliates or related companies, or individual resort property names (or misspellings of any of the foregoing), for use in any form of paid search engine or domain names (URL), and in general, from engaging in any activity which may confuse consumers as to whether the Travel Agent is acting on behalf of or is endorsed by PLAYA HOTELS & RESORTS.

FAILURE TO COMPLY WITH THESE TERMS & CONDITIONS
Any failure on the part of the Travel Agent to fully comply with these terms & conditions may result in an immediate termination of such Travel Agents’ ability to log into the Travel Agent Portal and/or sell any products and/or services from PLAYA HOTELS & RESORTS.