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.
 

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.