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Australian Travel Marketing Affiliate Program
Web Agent Agreement
This agreement establishes the terms of the relationship between Australian Travel Marketing. Ltd. and the Web Agent.
1.0 DESCRIBTION
Australian Travel Marketing is a fully licensed travel operator registed in Australia, NSW, and licence number: 2TA 4513. Australian Travel Marketing is a member of Travel Compensation Fund. AustralianTravelMarket.com is the Australia wide discount hotel, tour and car rental booking service available directly over the Internet's World Wide Web. Our site features some of the best hotels in Australia; there is a wide selection of accommodation, tour and car rental options available in various locations and price categories.
2.0 Key Obligations
2.1Web Agent
2.1.1 Under the terms of this agreement, Web agent, will market the Australian Travel Marketing products and services via the Internet in return for commissions earned. Web agent will place Australian Travel Marketing forms on its web site in the agreed section/page. Web agent agrees to make no changes to the content on the Site, unless specifically agreed to by the Company.
2.1.2 Web agent understands and agrees that this agreement to sell Australian Travel Marketing products and services is non-exclusive. Australian Travel Marketing may appoint additional Web agents to promote Australian Travel Marketing services.
2.2 Australian Travel Marketing
2.2.1 Australian Travel Marketing will pay Web Agent a percentage of the revenue generated by sales resulting from this partnership. The transactional commissions will be paid according to the following outline: Hotel/Day tours, Car rental Bookings and Suggested Itineraries: 5% of gross booking. All commission payments will be issued quarterly, in Australian Dollars (AUD). Australian Travel Marketing will provide payment via means specified by the Web Agent (company cheque or direct deposit to the specified account in Australia).
2.2.2 Australian Travel Marketing will be solely responsible for the development, operation and maintenance of our operation and sales systems and for all materials that appear on our web site. Australian Travel Marketing will be solely responsible for:
- The technical operation of our systems, site and all related equipment
- The accuracy and appropriateness of communication with customers
- Ensuring that materials posted on the Web agent’s site are not libellous or otherwise illegal.
2.2.3 Australian Travel Marketing will keep records of all transactions subject to this Agreement. Web Agents could access an account summary, which will track the number of clicks through, booking requests and confirmed bookings submitted by users referred by the Web Agent. Web Agent will also have access to payment reports, which will display the estimated amount earned and payment history.
2.2.4 Australian Travel Marketing will provide technical support including link colours, backgrounds and logos of the Australian Travel Marketing Link on the Web Agent site and all link colours, backgrounds and logos on the Web Agents site such that there is a reasonable integration Australian Travel Marketing and Web Agent’s site.
Web Agent Site Development Cost. Development of the Affiliate Site shall be at the cost and expense of the Web agent except as provided in Section 2.2.4 of this Agreement.
Neither party will be liable to the other for technical or other difficulties which may periodically hinder the operation of their website.
3.0 Confidentiality
Neither party shall create, publish, distribute, or permit any written materials, which makes reference to the other party without first submitting to the other party such material and receiving prior written consent from the non-submitting party. Neither party will make announcements or statements to the public nor any third party concerning the relationship between the parties or the transaction described in this agreement without the prior written consent from the other party.
4.0 Liability
4.1 Each party owns and retains all rights, title and interest in its names, logos, trademarks, service marks, copyrights, patents, proprietary features, and proprietary technology. Neither party shall copy, distribute, reproduce, or use the above proprietary items except as expressly permitted under this agreement.
4.2 This agreement shall be in effect the date it is confirmed by both the Partner and the Company and will continue in effect for one (1) year. Thereafter, this agreement shall be renewed for successive one (1) year terms until either party as set terminates the agreement forth. Either party has the option to terminate this agreement at any time with written notice.
4.3 This agreement sets forth the entire understanding between the parties and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter of this agreement. This agreement may be modified only in a written agreement signed by both parties.
4.4 Governing Law. This agreement shall be governed, construed, and enforced in accordance with the laws of the State of New South Wales, Australia.
5.0 Duration and Termination
The Agreement comes into force from the day the Web Agents signs up to the affiliate program. Both parties retain the right to end the agreement at any time, with due warning given to the other party. Termination may occur (but not be limited to) if:
- Either party breaches this Agreement and fails to remedy such breach within 7 days of receipt of notice from the other party specifying the breach and requiring it to be remedied.
- Either party breaches the Agreement and the breach cannot be remedied.
6.0 Limitation on Damages.
In no event shall either party be liable to the other party under contract, negligence, strict liability or other legal theory for any special, indirect or consequential damages arising out of or related to the subject matter of this agreement.
7.0 Force Majeure.
If either party is prevented from performing any of its duties and obligations hereunder in a timely manner by reason of any act of God, strike, labor dispute, flood, public disaster, equipment, software or technical malfunctions or failures, power failures or interruptions or any other reason beyond its reasonable control, such condition shall be deemed to be a valid excuse for delay of performance or for nonperformance of any such duty or obligation for the period during which such condition exists.
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