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Full affiliate terms and
conditions
The parties' responsibilities
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The Affiliate will
market for Car Hire Direct by establishing links from the
Affiliate's website to the Car Hire Direct designated website.
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Car Hire Direct shall
make available to the Affiliate a set of graphic image links which
Affiliate shall display on its site and which shall link the
Affiliate site to site. By utilizing this link, visitors to
Affiliate's site will be able to book any of Car Hire Direct’s
products online . Car Hire Direct shall provide Affiliate with a
unique URL to track the activity, and the link shall be directed to
this unique URL. The Affiliate and Car Hire Direct may agree to
utilize a text link or order link and such links shall be directed
to this unique URL.
Car
Hire Direct grants the Affiliate a nonexclusive, revocable right to
use the icon and message provided for the purpose of identifying the
Affiliate site as a Program participant and to assist in generating
product sales. Car Hire Direct reserves all of its rights in the
icon, the message, any other images, its trade names and trademarks,
and all other intellectual property rights. Car Hire Direct may
revoke the Affiliate's license at any time by giving the Affiliate
written notice.
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The Affiliate agrees to exercise best efforts to
promote Car Hire Direct products on the Affiliate’s site.
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Car Hire Direct shall
pay the
Affiliate a
commission of 5% over the gross pound amount of orders placed and
consumed through the
Affiliate's link to site.
Reports and commission shall be paid monthly. However, if
commissions are less than 50 British Pound or their equivalent in a
foreign currency in any month, the due balance will be rolled over
to the next month balance.
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The
above commission shall be the sole compensation that the Affiliate
is entitled to receive under this agreement. All orders are
subject to acceptance by Car Hire Direct in accordance with its
policies at the time of booking request. Car Hire Direct policies
are subject to change without notice.
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The
Affiliate will be solely responsible for the development,
operation and maintenance of the Affiliate's site and for all
materials that appear on the Affiliate's site. For example, the
Affiliate will be solely responsible for: the technical operation
of the Affiliate's site and all related equipment, the accuracy
and appropriateness of materials posted on the Affiliate’s site
ensuring that materials posted on the Affiliate’s site do not
violate or infringe upon the rights of any third party, ensuring
that materials posted on the Affiliate site are not libellous or
otherwise illegal. Car Hire Direct disclaims all liability for
these matters. Further, the Affiliate will hold Car Hire Direct
harmless from all claims, damages, and expenses (including,
without limitation, attorney's fees) relating to the development,
operation, maintenance, and contents of the Affiliate's site.
Modification
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Car
Hire Direct may modify any of the terms and conditions contained
in this Agreement, at any time and in its sole discretion, by
posting a change notice or a new agreement on site. Modifications
may include, for example, changes in the scope of available
referral fees, fee schedules, payment procedures, and Program
rules. If the modification is unacceptable to the affiliate, its
only resource is to terminate the agreement. If the affiliate
continued to participate it would be a binding acceptance of the
new terms and conditions.
Terms of Agreement
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The
term of the agreement shall be for a period of one year from the
date this agreement is accepted by Car Hire Direct and will end
when terminated by either party.
Either you or we may
terminate the agreement at any time, with or without cause, by
giving the other party written notice of termination. Upon the
termination of this agreement for any reason, you will immediately
case use of, and remove from your site, and all Car Hire Direct
trademarks and logos, and all other materials provided by us for
this program.
The agreement shall be automatically renewed for successive
periods of one year unless cancelled in writing by either party 30
days before the end of the one year period. If cancelled, Car Hire
Direct shall pay the Affiliate commission for any bookings
generated until cancellation.
Limitation of Liability
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Car Hire Direct will not be liable for indirect, special or
consequential damages for any loss of revenue, profits, or data
arising in connection with this Agreement or the Program, even if
Car Hire Direct has been advised of the possibility of such
damages. Further, aggregate liability arising with respect to this
Agreement and the Program will not exceed the total referral fees
paid or payable to the Affiliate under this Agreement.
Disclaimer
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Car
Hire Direct makes no express or implied warranties or
representations with respect to the Program or any products sold
through the Program (including, without limitation, warranties of
fitness, merchantability, noninfringement, or any implied
warranties arising out of a course of performance, dealing, or
trade usage). In addition, Car Hire Direct makes no representation
that the operation or its site will be uninterrupted or
error-free, and Car Hire Direct will not be liable for the
consequences of any interruptions or errors.
Except as otherwise stated herein, Car Hire Direct makes no
guarantee as to the amount of revenue that may be generated
pursuant to this agreement.
Acceptance
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The
Affiliate acknowledges that the Affiliate has read the agreement
and agrees to all its terms and conditions. The Affiliate has
evaluated the desirability of participating in the program and is
not relying on any guarantee or statement other than as set forth
in this agreement.
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This
agreement is made and entered into in London, UK, and UK law
applies. Car Hire Direct Ltd. and the Affiliate are independent
contractors and nothing in this agreement shall be construed to a
partnership or joint venture. This is merely an agreement to sell
Car Hire Direct products for commission. The parties agree that
any dispute under this Agreement will be subject to binding
arbitration under the commercial rules. This is the entire
agreement between the parties and may only be amended in writing
signed by both parties.
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