Terms and Conditions for Affiliate

Terms & Conditions

Travelonomy, Ltd.
Travelonomy, All Rights Reserved. © 2008
AFFILIATE TERMS OF SERVICE & AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY

TRAVELONOMY LTD WILL AGREE TO LICENSE THE TRAVELONOMY PLATFORM TO THE AFFILIATE PROVIDING ACCEPTANCE OF THE FOLLOWING TERMS OF SERVICE & LICENSING.

TRAVELONOMY AFFILIATE PROGRAM & SERVICE

1. The Travelonomy Affiliate Program (AP) enables members to install widgets on site/s, search and display travel accommodation for instant booking and payment.

2. Under the terms of this agreement the Affiliate will re-sell Travelonomy product in return for commission per transaction.

3. The service is accessed via a widget or plug-in on the Affiliates website(s). Upon clicking, the end-user is redirected to a secure search page that allows them to book accommodation; the purchase path header can be branded as the Affiliate (or remain as Travelonomy) without opening a separate browser.

4. All feedback, queries and questions should be channelled through the support centre http://www.travelonomy.com/support.mhtml.

Travelonomy operates its technical support service between:
Monday - Friday 9am -6pm GMT

MANAGEMENT & REPORTING

1. Travelonomy will supply an Affiliate Management System Account. Here affiliates can monitor progress by viewing analytics 24/7.

2. Affiliates can also receive an optional email notification when a booking is made, and all details will be visible in the Affiliate Management System. Due to the nature of the internet email notifications arrival can never be guaranteed.

COMMISSIONS & PAYMENT

1. Affiliates will receive 5% commission for each Actual Transaction, net of all charges applicable under this agreement.

2. Affiliates have the option to set a booking fee, this can be charged to the end user at the time of booking per person or per booking. The affiliate receives 50% of this optional fee.

3. Very occasionally Travelonomy may issue a refund to a customer. In this instance the commission will be deducted from your “Pending” balance.

4. Travelonomy will supply a monthly rolling account statement. All monies will be transferred to the affiliate upon request via email accounts@travelonomy.com.
Payment Options: Check/Cheque Moneybookers Bank Transfer
Currency Options: USD, AUD, NZD, CAD, EURO & GBP (NZD Only availble for bank transfer)

5. Payment requests made BEFORE the 14th of the month gets added for payment authorization on 28th of the month. Request for Payment made AFTER the 14th gets added for payment authorization on 28th of the following month. Payments (from the 28th) can take up to one week or more (depending on payment method) to reach their destination.

6. Travelonomy charges no extra fees for arranging payments with a minimum balance of $50.

7. Affiliates incur the bank transfer cost of $25.00 and may pay additional transfer fees charged by your bank or payment service that will not appear on your Travelonomy statement.

8. For the reissue of any payment due to incorrect submitted details affiliates will incur a service fee of $100.

9. To ensure payment you the affiliate are solely responsible for providing and maintaining accurate payment information associated with your account. Any fees related to transfer issues based on the providing of incorrect information shall be deducted from/charged to the affiliates account.

10. Payment shall be calculated solely based on records maintained by Travelonomy.

11. Travelonomy reserves the right to change its pricing/payment structure at anytime.

12. If you dispute any payment you must notify Travelonomy within thirty (30) days of such payment. Failure to notify within the allotted time will result in a waiver of the dispute.

13. Travelonomy reserves the right to withhold payment and/or charge your account in the event of breach of any of the terms of service.

14. Travelonomy may withhold payment or terminate an account if (a) an Affiliate has not logged into there account for a period of twelve (12) months or more, or (b) if an Affiliate has not accepted funds, payments or other amounts that Travelonomy has consistently attempted to deliver.

15. The payments made under this agreement are for use by You the Affiliate only and may not be transferred in any manner to any third party unless expressly authorized in writing by Travelonomy i.e. distributed to sites managed by You that require separate payments.

INSTALLATION & TERMINATION

1. This agreement between Travelonomy and You the Affiliate is valid indefinitely.

2. For conduct that Travelonomy reasonably believes intentionally violates the Terms of Service Travelonomy can suspend or terminate your account, or individual access rights without written notice.

3. This Agreement may be terminated at any time by either party.

4. In the event of termination the client will receive payment of owed monies within ninety (90) days of terminating the service as long as there is no breach of the terms or any other outstanding issue with Travelonomy.

PROGRAM POLICIES

1. Affiliates will be held liable for using Affiliate program

a. Intentionally abuse or fraudulently use the Service
b. Intentionally use the Service in a manner that causes interference to or tampers with another Affiliate Member in the Affiliate Program
c. Intentionally transmitting Unsolicited Commercial Emails (UCE) or transmitting bulk emails
d. Intentional denial of Service attacks of any kind
e. Intentional Copyright infringement, Software Intellectual property violations
f. Failure to provide legitimate contact information
g. Reverse Engineering software and or related components of the platform intentionally causing or attempting to cause harm to another computer or network
h. Intentional search engine spamming & indexing
i. Intentionally distributing or promoting pornographic or other material related to terrorism, racism, etc.
j. Intentionally using service to launder money

2. On signing up to the Travelonomy Affiliate Program you confirm that you are authorised to do so and are of legal age (at least 18 years old) to create this binding legal contract with Travelonomy.

3. Travelonomy take no responsibility for outages occurring from network interruptions, physical security and other routine services that generally fall under the remit of an Internet Service Provider (ISP).

4. Affiliates agree to hold Travelonomy harmless from any claims or expenses whether brought by the customer or by a third party in relation to a breach of any of the Travelonomy Terms of Service. Travelonomy prohibits the placement of widgets on websites containing pornographic content and will not be held accountable for any information, software or content placed by the Customer, Supplier or Affiliate.

5. Affiliates agree to deal solely with Travelonomy regarding any issues involving products, properties, content and customers.

6. You agree to comply with all the specifications provided by Travelonomy to enable delivery, display, tracking, reporting of widgets, links, search results and referral links in connection with your website(s). Without limitation Affiliates will not modify the JavaScript or other programming code provided to you by Travelonomy, unless expressly authorized in writing by Travelonomy.

7. All Affiliates must be verified by Travelonomy, for this reason Affiliate accounts are not transferable, assignable or resalable without express written consent from Travelonomy.

8. If any provision in these Terms of Service is agreed to be unenforceable by both parties the provision will be modified by Travelonomy. All other provisions in this Agreement will remain in full effect.

9. Travelonomy's Affiliate Program financial liability to You cannot exceed the value of the Actual balance of the Affiliate's account.

CONFIDENTIALITY

1. Affiliates agree not to disclose Travelonomy Confidential Information without prior written consent from Travelonomy. ¡°Travelonomy Confidential Information¡± includes without limitation: (a) All Travelonomy software, technology, programming, specifications, materials, guidelines and documentation relating to the Program (b) Click-through rates or other statistics relating to Property performance in the Program provided to you the affiliate by Travelonomy and (c) Information designated in writing by Travelonomy as Confidential

2. Affiliates may accurately disclose the amount of Travelonomy gross payments. Travelonomy Confidential Information does not include information that (a) Became publicly known through no breach by affiliate or Travelonomy, (b) Independently developed without access to Travelonomy Confidential Information, (c) Rightfully received by the Affiliate from a third party or (d) Required to be disclosed by law or by a governmental authority.

3. Travelonomy owns and may retain and use for its own purposes all information that the Affiliate provides, the affiliate agrees that Travelonomy may transfer and disclose to third parties personally identifiable information about the affiliate for the purpose of approving and enabling participation in the Program. Travelonomy will not be liable for any disclosure of information to any third party.

4. Travelonomy may share aggregate (i.e., not personally identifiable) information about the Affiliate with advertisers, business partners, sponsors, and other third parties. In addition, affiliates grant Travelonomy and its designated agents the right to access, index and cache the Site(s), or any portion thereof, including by automated means (including Web spiders or crawlers)

GENERAL

1. On implementation of the Affiliate Program Travelonomy may promote the affiliate using name, URL or logo for marketing purposes without written consent.

2. The content of the Travelonomy platform is protected by international software intellectual property rights. The Software license granted under this Agreement does not authorize any use other than that which is expressly set out in these Terms of Service.

3. Travelonomy makes no guarantee regarding the level of impressions or clicks on any widget, the timing of delivery of such impressions and/or clicks, the completion of Referral Events, or the amount of any payment to be made to you under this Agreement.

4. Travelonomy reserves the right to change the Terms of Service at anytime without written notice. Affiliates agree to monitor such changes and that modifications and updates are binding on the Affiliate.

5. The failure to require performance of any provision shall not affect a party's right to require performance at any time. A waiver of any breach of these terms will only serve in affect for that time and any breaches thereafter shall be treated as such.

6. Travelonomy does not guarantee the Program will be operable during any down time

a. Caused by outages to any public Internet backbones, networks or servers
b. Caused by any failures of Your equipment, systems or local access services
c. for previously scheduled maintenance
d. Relating to events beyond Travelonomy control such as strikes, riots, insurrection, fires, floods, terrorism, explosions, war, governmental action, labour conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Travelonomy or Your servers are located or co-located.

7. This Agreement shall be governed by the laws of Ireland except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Dublin, Ireland.

ELECTRONIC SIGNATURE

1. This agreement shall commence on selection of the Terms of Service check box. This serves as the affiliate's electronic signature and states that they are in agreement with all the Terms & Conditions laid out in this agreement.

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