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This Operating
Contract contains the entire terms and conditions that apply to the
applicant’s
participation (“you”) in the PaphosProperty.com or BookMyHolidayVilla.com
Affiliate Program from
PaphosProperty.com with regard to the establishment of links from your web
site to our web site and
any other marketing campaign that you undertake as an affiliate of
PaphosProperty.com or
BookMyHolidayVilla.com .
Terms of Service and Acceptable Use
1) Term of the Agreements: The term of this Agreement will begin upon our
acceptance of your
Affiliate application and will end when terminated by either party. Either
you or we may terminate
this Agreement at any time, with or without cause, by giving the other
party written notice of
termination. You are only eligible to earn referral fees on sales
occurring during the term.
PaphosProperty.com or BookMyHolidayVilla.com reserves the right not to
accept any site into the
Affiliate Program based on site content. Sites that Do not qualify for the
PaphosProperty.com or
BookMyHolidayVilla.com Affiliate Program include sites such as sites that
are: X- rated and
promote sexually explicit materials, Promoting violence and discord,
Promoting discrimination based
on race, sex, religion, nationality, disability, sexual orientation,
Promoting illegal or
questionable activities, Violating intellectual property rights.
2) Modification: We may modify any of the terms and conditions contained
in this Agreement, at any
time and in our sole discretion, by posting a change notice or a new
agreement on this site.
Modifications may include, for example, changes in the scope of available
referral fees, 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.
4) 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 Program will not exceed the
total referral fees paid
or payable to you under to this Agreement. You agree to hold
PaphosProperty.com or
BookMyHolidayVilla.com and its owners, participants, and employees
harmless of any claims, damages,
judgments, settlements, costs, and expenses (including reasonable
attorneys' fees).
5) Independent Investigation: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO ALL
ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY
OR INDIRECTLY) SOLICIT
CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS
AGREEMENT OR OPERATE WEB
SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. 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.
6) Miscellaneous: This Agreement will be governed by the laws of the
Cyprus, without reference to
rules governing choice of laws. Any action relating to this Agreement must
be brought in the
Cyprus, 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 be 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.
7) Linking to the PaphosProperty.com or BookMyHolidayVilla.com Affiliate
Program:
How you link to us – your own links.
For the properties that you have listed on your site, you may want to
display the property, Item #,
picture, short description, or other references. You will be responsible
for the style, contents,
and placement of these references. You will provide a link from each
property on your site to the
PaphosProperty.com or BookMyHolidayVilla.com Booking Calendar or directly
to the
PaphosProperty.com or BookMyHolidayVilla.com website summary page for that
property. You may add or
delete properties from your site at any time without our approval.
Maintenance of your page with
links to PaphosProperty.com or BookMyHolidayVilla.com is your
responsibility. We reserve the right
to monitor your web site, as we deem necessary, to determine that you are
continually in compliance
with this operating contract.
8) Resources provided by PaphosProperty.com or BookMyHolidayVilla.com :
a. Links provided by us -We will be responsible for providing you the link
format with the
information necessary to allow you to make the appropriate links from your
web site to the
PaphosProperty.com or BookMyHolidayVilla.com site and in most cases, a
graphic image for each
property.
b. We will be responsible for processing every order placed by a customer
following the link from
your site.
c. We will track and provide sales statistics to each PaphosProperty.com
or BookMyHolidayVilla.com
affiliate
d. we will not be responsible for any loss whatsoever in the event that
the links do not work
correctly
e. we will operate our system of booking payment handling in accordance
with our terms and
conditions that we set out in our terms and conditions with our members
9) Referral Fee:
PaphosProperty.com shall pay a referral fee of 5% of commission earned on
all bookings that come through your links.
Commission is paid only after the full payment is received against a
booking and after the stay has been completed by the renters and expressly
exclude bookings that do not get confirmed or are unpaid. If bookings are
cancelled then commission is only due on any payments collected. Affiliate
Commissions will be paid on request by the affiliate accessing the
PaphosProperty.com or BookMyHolidayVilla.com affiliate area and following
the website payment request instructions. Affiliates should allow 5-6
working days for wire transfers. Payments can be requested by bank
transfer or cheque. Minimum payment is £50.
Payments and reporting can only be made in one of the major currencies
that we trade in. You will
be paid in the currency of the country that your elected bank is located.
A bank transfer charge of
£25 is levied on transfers to non – UKaccounts and non-Cyprus accounts
Referral fee is paid only on charged to our members, any additional
charges to renters, or owners
is outside the scope of this agreement
10) Responsibility for your campaign:
You must represent us fairly accurately and without predjudicing our
service or bringing our brand
or company reputation into disrepute
You will be solely responsible for the development, operation and
maintenance of your site, and for
all materials that appear on your site. This includes the equipment, the
operation of your site,
creating and posting product descriptions, linking those descriptions to
our database of
properties, and the accuracy of materials and title information. You are
responsible for ensuring
that materials posted on your site do not violate or infringe upon the
rights of any third party
(i.e. any copyrights, trademarks, privacy, or other personal or
proprietary rights). We disclaim
all responsiblility and liablility for the content of your site. Further,
you will indemnify and
hold us harmless from all claims, expenses, damages, and attorney’s fees
relating to the operation
and contents of your site.
11) Email marketing shall only be carried out in accordance with the
CANSPAM anti-spam regulations
and only prospects that have opted into your opt-in list or who have
expressed their consent may be
approached in this manner. Any complaints of email abuse will be taken
very seriously and will
likely result in the termination of your affiliate contract. You will use
the link provided by us
to add to your emails and you may add qualifying prospects email addresses
to our online form where
they will become your commissionable bookers if they are not already on
our database of customers.
12) Limited License to use Logos and Trademarks:
We grant you a nonexclusive, nontransferable, revocable right to access
our PaphosProperty.com or
BookMyHolidayVilla.com site through links in accordance with this
contract. In connection with
such links, you have our permission, to use our graphic images of our
titles, graphics logo images,
trade names, and trademarks of PaphosProperty.com or
BookMyHolidayVilla.com for the purpose of
identifying your site as a PaphosProperty.com or BookMyHolidayVilla.com
affiliate and generating
bookings for PaphosProperty.com or BookMyHolidayVilla.com properties. You
may not alter or change
the graphic or text within the graphic in any way. At any time, we reserve
the right to
suspend/terminate your use of our PaphosProperty.com or
BookMyHolidayVilla.com logo and graphics.
Your limited license will be immediately revoked at the time of the
termination of this contract or
by written notice as a PaphosProperty.com or BookMyHolidayVilla.com
participant.
13) Relationship of Parties:
You and PaphosProperty.com or BookMyHolidayVilla.com have an independent
contractor relationship
and nothing in this contract will create any partnership, joint venture,
agency, or employment
relationship between us. You will have no authority to make or accept any
offers, make agreements
or representations on our behalf. You will not make any statement on your
site or otherwise that
would contradict our relationship.
14) Disclaimers:
We make no express or implied warranties or representations with respect
to the accommodation
quality sold through the PaphosProperty.com or BookMyHolidayVilla.com site
the express
responsibility being that of the PaphosProperty.com or
BookMyHolidayVilla.com member that has
listed the property on the PaphosProperty.com or BookMyHolidayVilla.com
directory. 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 interruptions or errors.
15) Confidentiality:
Each of the parties agree that all information including (without
limitation) this contract,
PaphosProperty.com or BookMyHolidayVilla.com financial information,
customer and vendor lists,
pricing and sales information, or any PaphosProperty.com or
BookMyHolidayVilla.com information
shall remain strictly confidential and shall not be utilized, directly or
indirectly, by such party
for its own purposes.
16) PaphosProperty.com or BookMyHolidayVilla.com Participant Investigation
and Execution of
Contract:
You represent and warrant as follows: You have read, executed, and
delivered this contract to
PaphosProperty.com or BookMyHolidayVilla.com and agree to all its terms
and conditions; you
understand that this contract constitutes your acceptance of this legal
and binding obligation in
accordance with its terms and conditions. You understand that we may at
any time (directly or
indirectly) solicit customer referrals on terms that may differ from those
contained in this
contract or operate web sites that are similar to or compete with your web
site. You have
independently evaluated the desirability of participating in the
PaphosProperty.com or
BookMyHolidayVilla.com and are not relying on any representation,
guarantee, or statement other
than as set forth in this contract. |
