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HOW
THE AFFILIATE PROGRAM WORKS
This
program is completely free - not only but, in actual fact, we
pay you for every sale that your visitors
make in our site. This is how it works:
When you join our program we give you a
link that your visitors may click on. When this link is clicked, your visitors
are taken to a specific page which allows them to search
for and book a diving holiday. Your site is automatically
logged by our system as the referral site, and you will be
given a commission if that referred visitor books
a holiday.
To join please read our Terms and Conditions hereunder.
If you agree with these terms then press the "I
AGREE" button to continue to the Sign
Up Form and register as our affiliate.
TERMS
AND CONDITIONS OF OUR AFFILIATE PROGRAM
This Agreement contains the general terms and conditions
that apply to an individual's or entity's participation in
GozoDives.com's Affiliate Program.
1:
Enrollment
Policy:
We
will accept most affiliation applications but will reject any affiliate applications to sites that
a. promote sexually explicit materials;
b. promote violence;
c. promote discrimination based on race,
sex, religion, nationality, disability, or sexual
orientation;
d. promote illegal activities;
e. otherwise violate intellectual property
rights.
These
type of sites are not eligible to become our affiliates.
It is our policy, therefore, to vet the intended site as
stated by you the applicant. You will be notified if
your site is acceptable.
If we reject your application, you are welcome to
reapply to the program at any time. You should also note
that if we accept your application and your site is
thereafter determined to be unsuitable for the program,
we may terminate this agreement, at our discretion.
There is no limit to the number of sites that you may
enroll.
2: Linking
Policy
We permit three types of links: text, button or banner
and only on those sites that we approve.
In order to permit accurate tracking, reporting, and referral
fee accrual, we will provide you with the code to
install in your
own branded pages - the type of code depends on the link
that you have chosen.
When a visitor to your site clicks on this link, you
will be automatically logged in our database as the referring
web-site. If this visitor books a diving holiday you
will be paid the commission fee as stated in our Referral
Fees Section.
ALSO, IF THIS
VISITOR DECIDES TO BECOME OUR AFFILIATE, YOU WILL BE LISTED AS THE REFERRAL
SITE AND EARN A COMMISSION ON EVERY SALE GENERATED BY THIS VISITOR'S
SITE!
3:
Processing:
We
will be responsible to accept or reject orders placed by
our visitors, immaterial of where they accessed our site
from. We will also be responsible for all aspects
of customer service and fulfillment.
4:
Referral Fees:
We
will
not pay you referral fees on any services that are
provided to customers who access our site from any
pages other than your branded URLs or from those of
affiliates that joined our program through your web-sites.
You will only earn referral fees with respect to new
business at our site generated through your branded pages.
We will not be financially liable to you with respect to
any failure by you to set up and use these co-branded pages.
The
referral fees we will pay are based on our current
referral fee schedule. WE RESERVE THE RIGHT TO CHANGE
THIS REFERRAL FEE SCHEDULE IF AND WHEN WE DEEM IT APPROPRIATE (PLEASE SEE OUR
MODIFICATION POLICY).
a. Referral Fee Rates:
The current referral fee rate is
5% on the total purchases of the referred visitor - if you are a direct referrer and 1%
of the total purchases of this referred visitor if you
originally referred someone who is
the direct referrer. Since purchases at our site usually
involve hundreds of $, these commissions can be quite substantial.
b. Referral Fee Payment
Schedule:
We will pay you referral fees on purchases made by visitors sent from your site within that month less any taxes that we
may be required by law to
withhold. We pay qualifying referral fees on a monthly basis: i.e.
at the
end of each month, we will send out cheques for the
qualifying referral fees earned within that month.
If the referral fees payable to you
for any calendar month are less than $100.00, we will
place those referral fees owed to you on account until the total amount due is
at least $100.00. However, if at the end of one
calendar year from when you signed up, you are owed any
referral fees by us, and you have not been sent any
cheques within six months from that date, you will get a cheque for
all the outstanding balances that you may have. This payment
schedule will continue until this Agreement is
terminated.
If for some reason a refund is granted to a
customer, and we will have already sent you a cheque
incorporating the referral fee, we will deduct the corresponding referral fee
from your next payment. If there is no
subsequent payment, we will send you a bill for the
correct amount.
5: Responsibility for Your
Site:
YOU WILL BE SOLELY RESPONSIBLE FOR THE DEVELOPMENT,
OPERATION, AND MAINTENANCE OF YOUR SITE. WE HEREBY
DISCLAIM ALL LIABILITY. FURTHER YOU WILL INDEMNIFY AND
HOLD US HARMLESS FROM ALL CLAIMS, DAMAGES AND EXPENSES
(INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES)
RELATING TO THE DEVELOPMENT, OPERATION, MAINTENANCE AND
CONTENTS OF YOUR SITE.
6: Term of Agreement:
The term of this agreement will begin upon our
acceptance of your affiliate program application and will end when
terminated by either party. Either you or GozoDives.com may
terminate this agreement at any time, with or without
cause, by giving the other party written notice of
termination. Upon the termination of this agreement you will immediately cease
to use, and
remove from your site or sites all links to our site, and any
GozoDives.com trademarks, logos, and all other materials provided
by or on behalf of us to you pursuant hereto or in
connection with the affiliate program.
7: Modification:
We may modify any of the terms and conditions contained
in this agreement by giving 30-days advance notice to
all affiliate partners and by posting a change notice or
a new agreement on our site. Modifications may include,
for example, changes in the scope of available referral
fees, referral fee schedules, payment procedures, and
program rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY
RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED
PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A
CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE
BINDING ACCEPTANCE OF THE CHANGE.
8: Relationship of Parties:
You and we are independent contractors, and nothing in
this agreement will create any partnership, joint venture,
agency, franchise, sales representative, or employment
relationship between the parties. You will have no
authority to make or accept any offers or representations
on our behalf. You will not make any statement, whether on
your site or otherwise that reasonably would contradict
anything in this Section.
9: Limitation of Liability:
We will not be liable for indirect, special, or
consequential damages (or any loss of revenue, profits, or
data) arising in connection with this Agreement or the
Program, even if we have been advised of the possibility
of such damages. Further, our aggregate liability arising
with respect to this agreement and the affiliate program
will not exceed the total referral fees paid or payable to
you under this agreement.
10: Disclaimers:
We make no express or implied warranties or
representations with respect to the affiliate program. In
addition, we make no representation that the operation of
our site will be uninterrupted or error-free, and we will
not be liable for the consequences of any such interruptions or
errors.
11: Miscellaneous:
This Agreement will be governed by the laws of Malta. Any action relating to
this agreement must be brought in the court located in the island of Gozo, Malta, and you
irrevocably consent to the jurisdiction of such courts.
You may not assign this Agreement, by operation of law or
otherwise, without our prior written consent. Subject to
that restriction, this agreement will be binding on, inure
to the benefit of, and enforceable against the parties and
their respective successors and assigns. Our failure to enforce your strict performance of
any provision of this agreement will not constitute a
waiver of our right to subsequently enforce such provision
or any other provision of this agreement.
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BY TICKING THE "I AGREE" BUTTON ON THE RIGHT YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS
TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE
DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT
RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT
OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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