Operating Agreement
| Operating Agreement |
| This Agreement sets forth the complete terms and conditions that apply to participation in the eTourism Partner program. As used in this Agreement, "eTourism" means the eTourism Partner Program and "you" means the applicant. and "your site" refers to the World Wide Web site that you will link to an eTourism Merchants web site. |
| |
| 1. Becoming a Partner |
To become a Partner, you must register with eTourism Partner Program by completing the Online Registration Form. Your submission of the application constitutes your agreement that you have read and agreed to all of the terms and conditions contained in this Agreement. If eTourism accepts you as an Affiliate Partner, you will receive an e-mail confirmation within 3 business days containing your unique site code, which will make it possible for you to place links on your site this will allow all your sales to be tracked.
eTourism may reject your application if we determine (it is eTourism's sole discretion) that your site is unsuitable for the Affiliate Partner program. Unsuitable sites include those that:
- promote sexually explicit materials
- promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- promote illegal activities
- otherwise violate intellectual property rights
|
| 2. Your Obligations |
| Using your site code you will establish links on your site to an eTourism Merchant. You will be solely responsible for the development, operation and maintenance of your site as well as for all materials appearing on it. Your responsibilities include without limitation all aspects of the technical operation of your site (including the proper formatting of links so as to permit tracking of sales) and ensuring that the content of your site does not violate or infringe the rights of any third party. eTourism disclaims all liability for these matters and you shall indemnify and hold harmless eTourism, eTourism Merchants from and against all damages, claims and expenses relating to them. |
| |
| 3. eTourism's Obligations |
| eTourism's will handle all customer services, including the taking, processing and fulfilment of orders, for customers who follow links from your site to the an eTourism Merchants web site. eTourism's will be responsible for tracking all sales that come from links on your site. You will receive a commission which will include GST for the sale of each holiday during a session that originated from such a link. (No credit will be given for cancelled bookings.) Your commission payments will be paid directly into the bank account you nominate in the application. Commission payments will be made in the forth week of the month following the departure date of the guest. A recipient created invoice will be issued for all payments showing the commission earned from each booking. |
| |
| 4. Term of the Agreement |
| The term of this Agreement will commence upon eTourism's acceptance of your application and will continue until terminated. Subject to clause 5 below, either party may terminate this Agreement at any time by giving at least 7 days written notice, which may be given by e-mail, to the other party. Breakfree Resorts agrees to pay commission payments to you in respect of customers who, although may follow links from your site to an eTourism Merchant web site during the term of this Agreement, purchase a holiday after this Agreement is terminated |
| |
| 5. Modification |
| eTourism's shall have the right at any time to change or modify the terms and conditions of this Agreement or to impose new conditions. Such changes, modifications or additions shall be effective immediately upon notice thereof, which may be given by any means including by posting on the eTourism website site. The absence of notice of termination, which will be effective immediately, by you will constitute your binding acceptance of the change, modification or addition. |
| |
| 6. Relationship of Parties |
| You and eTourism are independent contractors, and nothing in this Agreement shall be deemed to create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You do not have the right to accept any offers on behalf of eTourism or to act for or bind eTourism in any manner, and you shall not make any statement, whether or not on your web site, to indicate otherwise. |
| |
| 7. Limitation of Liability |
| In no event will eTourism be liable for any indirect, special, or consequential damages arising in connection with this Agreement, your role as a Partner or any item sold under this Agreement. |
| |
| 8. Disclaimers |
| Other than as required by law, eTourism makes no express or implied warranties or representations with respect to any item sold pursuant to this Agreement or with respect to the operation of the eTourism Merchant web sites. |
| |
| 9. Content |
| You acknowledge that the eTourism and our Merchants web sites contain information, data, graphics and other material protected by copyrights and trademarks and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. |
| |
| Copyright © 2007 eTourism Partners Program |
|
 |
|
