Web Affiliate Scheme Agreement
1. Rights of Use (Ownership)
You agree that all intellectual property rights are and will remain the sole property of Serenity Holiday Ltd. In accordance with this agreement, we grant you a non-exclusive, non-transferable right to access our website through our links and content. But you cannot alter, modify, distort or delete any licensed material and are not permitted to bit on our brand names in relation to a Pay Per Click campaign.
2. Commission and Payment
- Commission is only payable on confirmed bookings, e.g. a booking becomes confirmed when Serenity receives the full deposit of the holiday. Commission is paid for each on-line booking.
- Commission will be paid by cheque by the end of the following month including VAT if applicable.
- Upon termination of this agreement, any outstanding commission will be paid on the next due date.
3. Confidentiality
Affiliate agrees (i) not to disclose any Proprietary Information to any third parties, (ii) not to use any Proprietary Information for any purposes except carrying out its rights and responsibilities under this Agreement, and (iii) to keep the Proprietary Information confidential using the same degree of care it uses to protect its own confidential information.
Serenity Holidays Ltd agrees not to provide your sensible personal details (e.g. address and account) to the third parties.
4. Term and Termination
Termination or Suspension Due to Breach. Any Party may suspend performance and/or terminate this Agreement immediately upon written notice to the other Party.
5. Warranties
Each Party represents and warrants to the others that it has right and power to enter into and perform this Agreement according to its terms.
The Content as provided by Serenity to Affiliate does not infringe any statutory or common law right of any party. Serenity provides the Content to Affiliate “as is” and “as available” without warranty of any kind, and Serenity hereby disclaims all express or implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, performance, accuracy, and reliability.
6. Indemnification
Affiliate hereby agrees to fully indemnify harmless from and against any and all claims, liability, losses, and expenses incurred in connection with: (i) any use or alleged use of the Content through the Affiliate by any person, whether or not authorized by Affiliate; or (ii) Affiliate Site or (iii) any breach of this Agreement.
7. Limitation of Liability
No action, suit or proceeding shall be brought against the other party to this agreement more than one year after the termination of this Agreement. Serenity under no circumstances shall be liable to Affiliate or any other person for any indirect, special, incidental, or consequential damages, including, without limitation, loss of goodwill, business interruption, accuracy of services and other commercial damages or losses.
8. Miscellaneous
English laws and courts shall govern this Agreement.
No party shall be liable to any other Party under this Agreement for any delay or failure to perform its obligations under this Agreement if such delay or failure arises beyond such Party’s reasonable control, including labour disputes and natural disasters.
