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Terms & Conditions  

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This Affiliate Agreement (referred to as "Agreement") details the complete terms and conditions in creating a binding contract between Travelcheck (Pty) LTD  AND you the "marketer", "affiliate" or "you" The parties have agreed to enter into this agreement whereby the marketer intends to market the Travelcheck search engine, by means of advertising and/or booking facilities on its websites. And whereas Travelcheck possesses expertise in the field of marketing travel products, and owns and/or has rights to sales tracking and related technologies capable of administering the marketing of travel products In return of marketing the Travelcheck search engine, Travelcheck will pay the Affiliate the Referral Fees in accordance with the terms of this agreement.

 

DEFINITIONS AND INTERPRETATION

Within this agreement the following words and expressions shall have the following meanings, unless the context otherwise requires: "Charge Back" means a credit card or debit card or any other payment method transaction that is being disputed by the card issuer and for which charges are being reversed; "Commencement Date" means the date the Affiliate has accepted the terms of this Agreement; "Link" means a Hypertext Link from the Affiliate`s Website to Travelcheck's Website; "Net Revenue" means the affiliates' commission less any chargebacks, credits, bonus, or uncollectible revenue. "Travelcheck Website" means website currently located at www.Travelcheck.co.za, www.Travelcheck.com.na and www.Travelcheck.co.tz "Travelcheck Brand" means: (i) all or any names which include "Travelcheck" including without limitation "Travelcheck", "Travelcheck.com", "Travelcheck Namibia", "Travelcheck Tanzania", "Travelcheck flights", "Travelcheck cheap flights", "Travelcheck hotels" and "Travelcheck cars"; and (ii) all or any trade names and trademarks used by Travelcheck from time to time and whether or not registered in any part of the world. "Commission" means the referral fee that will be paid by Travelcheck to the affiliate. "Confirmed sales" means a customer who arrives at the Travelcheck site as a result of Affiliate marketing activity online (e.g. via a banner or a link) or Newsletter, and makes a booking on the Travelcheck website and where Travelcheck process the payment for this booking. "Referral Programme" means the Travelcheck referral programme pursuant to which the Affiliate will receive a commission; "Report" means information that can be accessed through the Travelcheck tracking facility. "SPAM" is defined as unsolicited bulk mail messages including, but not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. "Unsuitable Website" means a website that displays, advertises or promotes the following, but not limited to; (a) Pornography, or any sexual acts; (b) Violence; (c) Racism; (d) Illegal activities; (e) violates intellectual property rights; (f) Any conduct that may have a damaging effect on the Travelcheck image Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.

 

AFFILIATE APPLICATION

In order to apply to the Travelcheck affiliate programme a completed affiliate programme application must be submitted via the Travelcheck website. Once received, this application will be evaluated by a Travelcheck employee. You will then be notified of the outcome. If the circumstance arises that your application is rejected this will be as a result of a full review of your proposed affiliation and at our sole discretion has been found 'unsuitable'. If you application is rejected you can apply for an explanation of this decision and can reapply to the affiliate programme once suggested alterations have been carried out. Upon Travelcheck's acceptance of your Affiliate application, you will receive an approval email with affiliate logins to gain access to the affiliate reports and your choice of Travelcheck affiliate marketing material which will assist in driving traffic to Travelcheck and tracked back to you the affiliate. In using these materials you agree that you will deliver complete co-operation with Travelcheck in order to establish and maintain affiliate marketing. You may only use this material on sites that you have proposed to us in your affiliate application and which we have approved. You agree to inform us of any additional sites that you wish to promote Travelcheck on and obtain our approval for this before featuring any Travelcheck material on them. You may not modify any of the Travelcheck marketing material or links unless prior written consent from us has been obtained; failure to comply with these rules will entitle Travelcheck to take action including but not limited to rendering your links inoperative. You may only use the marketing material made available to you by your affiliate manager, and therefore you are not permitted without prior approval by Travelcheck to use any other methods of promotion/advertising such as the use of spam e-mails.

 

USE FOR MARKETING MATERIAL

By agreeing to these terms, Travelcheck grants you the non-transferable, nonexclusive, revocable license to use its marketing tools that was provided upon your acceptance to the affiliate programme, during the term of this agreement. You are not permitted to make any alterations to this material in any way whatsoever, without our prior written approval to do so (which we may in our sole discretion decide to grant or withhold), and unless you have first supplied us with your intended alterations. We reserve the right to terminate this license at any time should we, in our sole discretion, deem your use of such material to be inappropriate or if we suspend or disable your affiliate account Except for the Travelcheck affiliate marketing materials provided to you by Travelcheck pursuant to these terms and conditions and for any alterations to the same which we have approved in writing, you must not use the Travelcheck Brand or any part of it or any mark, name or brand confusingly similar to the Travelcheck Brand or any part of it whether to promote your site(s) or for any other reason. Without limitation you must not : (i) register or apply for registration of or use any domain name; or (ii) use any keyword, metatag or other or other means of advertising on any internet search engine ; or (iii) Affiliates utilizing search engine marketing for traffic generation will not be allowed to bid on Travelcheck's brand name or any combinations thereof which incorporates Travelcheck, the Travelcheck Brand or any part of it and , without limiting any other rights or remedies which Travelcheck Limited may have, in the event that you register, apply for or use any domain name which includes "Travelcheck" you will immediately upon request of Travelcheck transfer that domain name back to us.

 

AFFILIATE REGULATION

All information supplied on application must be truthful and accurate. On the event of Travelcheck discovering any activity or wrong information regarding your affiliate account we reserve the right to investigate this issue and subtract from the commissions due to you an amount of money to reflect the required investigation and additional work created by your having provided incorrect or incomplete details. Travelcheck will closely monitor all affiliate accounts and commission for signs of fraud, either on the part of the affiliate or on the part of the affiliate's customers. Upon finding any instances of fraud Travelcheck shall freeze your affiliate account and make immediate contact with you in order to resolve the matter and where necessary launch a full investigation. Travelcheck reserves the right to terminate this agreement in the event of any wrong doing including but not limited to fraud and/or collusion.

TERMINATION OF AFFILIATE AGREEMENT

The terms included in this agreement will commence upon your acceptance of the terms and conditions stated within this document and will conclude upon terminated by either Travelcheck or you the affiliate which can occur at 30 days' notice. Either party shall issue the other party a written notice should they wish to terminate this agreement. Once the agreement is terminated final commission shall be paid and all Travelcheck related marketing material must be removed. Travelcheck reserves the right to withhold the final payment for up to 3 months to ensure that the correct amount is paid. Final payment will remove any future claim or entitlement to any further commission.

 

AFFILIATE SITE

The affiliate will retain complete control over their site(s) and must ensure that they continue to be appropriate to Travelcheck terms and conditions. Your site must not contain any content of the sites or materials proprietary to Travelcheck unless prior written permission has been obtained, or it is material obtained through the Travelcheck affiliate programme. Travelcheck will remain completely separate from the affiliate's site(s) and as such Travelcheck will not be included in any claims, damages and expenses relating to the development, operation/maintenance and contents of your site. Affiliates should continually be aware that their conduct has the potential to affect the Travelcheck image and should therefore conduct their activity in a way that does not damage or have a negative impact on the Travelcheck brand.

 

COMMISSION PAYMENT

The Marketer will earn commission for every paid booking generated from its websites. Travelcheck shall have the right to amend the Commission payable on 30 days' written notice to the Marketer. It is specifically agreed that Travelcheck may deduct, from commission earned in respect of the sales of Travel Products, for any fraudulent bookings, charged-back amounts due to fraud and any other amounts as may be owed to it by the Marketer, before paying over to the Marketer the balance of monies due.

 

ADMINISTRATIVE SERVICES

Travelcheck shall administer all transactions relating to the Travel Products concluded on the Websites, by means of, inter alia, tracking of transactions, collection of monies from purchasers of Travel Products, payment of expenses including, but not limited to, payment to travel providers for Travel Products sold Travelcheck shall at all times, for the duration of this agreement, allow the Marketer access to the transaction tracking facility contained in the Marketing Software, in order that the Marketer may directly track and verify all clicks and bookings made on the Websites by product category. Travelcheck will then confirm these bookings as approved or cancelled and pay commission on that. Commission calculation is based on the total amount of sales made for domestic sales and international sales separately. Travelcheck shall be responsible for compiling the affiliate's monthly commission information. It is the full responsibility of the affiliate to correctly execute tracking links and tracking codes in order to reduce the occurrence of any discrepancies in reporting, tracking and commission accrual. All commission shall be paid to you on in arrears on a monthly basis in South African Rands. Commission shall be credited to your bank account after an invoice has been sent to Travelcheck, which can take up to 30 days, but on average should happen within 10 days after the end of the given month.

 

DIRECT SALES

Notwithstanding anything to the contrary herein contained, Travelcheck shall be entitled to market products similar to the Travel Products directly to its customers ("Direct Sales"), notwithstanding that such customers may previously have purchased Travel Products from the Marketer. The Marketer shall have no entitlement to monies received by Travelcheck in respect of such Direct Sales.

 

LIABILITY LIMITATION

Travelcheck will be in no way be held liable for any damages or loss of revenue, profits or data resulting from participation in the Travelcheck affiliate programme. The provisions of this section will survive the expiration or earlier termination of the contract for any reason. This section shall not apply to (a) breaches by a party of its obligations in Clause 13 below, or (b) the willful or reckless acts or omissions of a party, its agents or employees.

 

AMENDMENTS TO TERMS AND CONDITIONS

Travelcheck reserves the right to modify terms & conditions contained in this agreement, when such modifications take place affiliates shall be notified via our affiliate programme site. Once affiliates have been informed this shall be considered sufficient provision of notice and will become effective 30 days after notification has been given. Any modifications that affiliate object to can be raised via the affiliate manager for an explanatory response regarding the reasons for change

 

DISCLAIMERS

Travelcheck will do its utmost to ensure that we run our search engine to the best of our ability without interruptions or errors, however Travelcheck shall not be held responsible for any loss of business suffered through the performance of the search engine. Travelcheck does not express or imply any warranties or representations regarding the Travelcheck affiliate programme(including without limitation warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). The Travel Products are provided by Travelcheck , on behalf of the Travel Product Providers "as is" and where available, and Travelcheck makes no representations or warranties with regard to the same. Travelcheck expressly disclaims all implied warranties, obligations and liabilities arising by law or otherwise, with respect to the Marketing Software and the Travel Products, including without limitation any (a) implied warranty of merchantability or fitness for a particular purpose; (b) implied warranty arising from course of performance, course of dealing or usage of trade; or (c) implied warranty of non-infringement. The Marketer acknowledges that the Travel Products are provided by the applicable travel suppliers and not by Travelcheck. Travelcheck will have no liability to the Marketer or any of its customers for (a) any failure of the Marketing Software or the systems of any third party that results in the failure or inability to process a transaction, or (b) the quality of the Travel Products provided by travel suppliers to customers.

 

WARRANTIES

Neither the Marketer nor Travelcheck makes express or implied warranties nor representations, except as expressly provided herein. Representations and Warranties; in agreeing to the terms and conditions of the Travelcheck affiliate programme you express your acceptance of the following; (i) this Agreement has been duly and validly executed by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; (ii) the execution, delivery and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not conflict with or violate any provision of law, rule, regulation or agreement to which you are subject to; and (iii) you are an adult of at least 18 years of age. You further represent that you have evaluated the laws relating to your activities and obligations hereunder and you have independently concluded that you can enter this Agreement and fulfil your obligations hereunder without violating any applicable rule of law. You acknowledge that you have read this Agreement, have had an opportunity to consult with your own legal advisors if you so desired, and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Affiliate Programme and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

 

CONFIDENTIALITY

Through your affiliate relationship with Travelcheck you may be included on privileged information which is regarded as confidential and will be highlighted as such. Any such confidential information should not be communicated to any third parties.

 

LANGUAGE

In the event of any translations of the terms in this agreement resulting in any discrepancies of meanings the English language version shall prevail.

 

ANTI-SPAM POLICY

We do not condone SPAM. Any form of SPAM will result in your account being placed under review and all funds due being withheld pending an investigation of your account. Should you wish to report any incidences of SPAM, please contact us at affiliates@Travelcheck.com.

 

COMMUNICATION

By agreeing to this contract, you agree to occasionally receive promotional information from Travelcheck. You can opt out of this at any time.

 

GOVERNING LAW AND DISPUTES

This agreement will be governed by and construed in accordance with the laws of South Africa, without regard to the conflict of laws rules of any jurisdiction. The parties shall first attempt in good faith to resolve any dispute arising out of or relating to the contract or these Conditions by negotiation. If the parties are unable to resolve the dispute by negotiation, any and all disputes, controversies and claims arising out of or in connection with the contract and these Conditions, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the rules of Arbitration in South African Law. Unless the parties agree otherwise, the arbitration proceedings shall be conducted in Cape Town, South Africa. The arbitration award shall be final and binding upon the parties. Both parties agree that, the existence of a dispute notwithstanding, they will continue without delay to carry out all their responsibilities under these Conditions that are not affected by the dispute.

 

WHOLE AGREEMENT

This agreement constitutes the whole agreement between the parties as to the subject matter hereof and no agreements, representations or warranties between the parties other than those set out herein are binding on the parties.

 

NON VARIATION

This agreement constitutes the whole agreement between the parties as to the subject matter hereof and no agreements, representations or warranties between the parties other than those set out herein are binding on the parties.

 

INDULGENCES

No latitude, extension of time or other indulgence which may be given or allowed by any party to any other party in respect of the performance of any obligation hereunder or the enforcement of any right arising from this agreement and no single or partial exercise of any right by any party shall under any circumstances be construed to be an implied consent by such party or operate as a waiver or a notation of, or otherwise affect any of that party's rights in terms of or arising from this agreement or stop such party from enforcing, at any time and without notice, strict and punctual compliance with each and every provision or term hereof.