MyHolidayPartner Affiliate Agreement
The following are the terms and conditions for participating in the MyHolidayPartner Affiliate Program. "Affiliate" refers to you, MyHolidayPartner refers to the MyHolidayPartner website. This agreement may be revised from time to time.
DEFINITIONS
Affiliate - a MyHolidayPartner approved agent that carries out the advertising / marketing of MyHolidayPartner through images, text links and refers web traffic to www.MyHolidayPartner.com (or another MyHolidayPartner defined URL) with a MyHolidayPartner defined Affiliate Link (referral tracking code or other identifier specified by MyHolidayPartner) that is captured when referral is made to MyHolidayPartner for sales transaction processing handling on Affiliate's behalf for which the Affiliate receives a MyHolidayPartner determined commission.
Affiliate ID - a unique MyHolidayPartner provided tracking code (i.e. identifier) that is served in a graphic or text link from the Affiliate's online property (whether through a graphic or text link) that MyHolidayPartner can track and attribute actions, such as sign-ups for full membership, so that MyHolidayPartner can reward Affiliates with a commission on revenue that they generate.
AFFILIATE PROGRAM REQUIREMENTS
Affiliates must create an account and sign-up for MyHolidayPartner's Affiliate Program. Affiliates must have a valid Web address and email account to complete their applications. As a MyHolidayPartner Affiliate, once you have placed ads that include Affiliate Links on your site, you can monitor your transactions in the Affiliate Management Center. For the best results, you need to have steady traffic to your Web site, and you need to test different links and advertiser programs to find the ones that are best suited to your site and your audience.
COMMISSIONS OVERVIEW
Commission applies to the fees for full MyHolidayPartner membership, renewal fees for full MyHolidayPartner membership, and offers or promotions offered to full MyHolidayPartner members solely and exclusively by MyHolidayPartner. Fees, offers and promotions are defined as the total cost of the relevant transaction less any sales tax, VAT, shipping charges and transaction charges levied by credit card companies or other fund collection services such as PayPal.
AFFILIATE LINK TRACKING PROCESS
Affiliates will receive credit for members who have the correct affiliate ID stored in our database in conjunction with their membership details (also known as their profile). Affiliate IDs are recorded in our database at the time the customer registers their profile and are retained permanently as part of their membership details until such a time as the member deletes their profile.
Customer referral tracking process:
- Customer visits Affiliate's site.
- Customer is referred to specific pages on MyHolidayPartner.com.
- Customer registers their profile with MyHolidayPartner to obtain free provisional membership. The referring Affiliate's Affiliate ID is stored as part of the customer's registered profile.
- The provisional member searches for suitable holiday partner(s) and pays a fee to upgrade to full MyHolidayPartner membership which allows the privilege of contacting them. The Affiliate associated with this member is credited with the commission due at the current rate. Full MyHolidaypartner membership can be purchased for 1 month 3 months or 6 months. The commission credited to the Affiliate is based on the current fee for the membership period chosen by the customer.
- Once their initial membership expires full MyHolidayPartner members can pay their renewal fees either monthly, quarterly or half-yearly. Renewal commission at the current rate is credited to the Affiliate associated with each member at the time that member renews their membership. The commission credited to the Affiliate is based on the current fee for the renewal period chosen by the member.
- The code supplied by MyHolidaypartner must be used for the Affiliate link. It may be modified providing that the Affiliate ID continues to be transmitted to MyHolidayPartner using the 'POST' method. The 'POST' method is defined as a variable contained within a form on the web page. Affiliate IDs sent to MyHolidayPartner using the 'GET' method will not be accepted. The 'GET' method is defined as the Affiliate ID being appended to the MyHolidaypartner website address. Any Affiliate using code to link to the MyHolidayPartner website which sends their Affiliate ID to MyHolidayPartner using the 'GET' method understands that referrals from that link will not be registered and they forfeit all commission.
- Affiliates are solely responsible for ensuring that their Affiliate link is setup properly on their Site.
No Cookies are involved and so no Affiliate can lose commission due to customers refusing to accept a Cookie or a Cookie expiring before a customer pays a membership fee.
GENERAL COMMISSION DETAILS
- The commission percentages are subject to change by MyHolidayPartner with 30 days notice.
- Commissions will be paid for referred fees for as long as the Affiliate actively participates in the program, has completed the application process, and is in good standing with MyHolidayPartner regarding compliance of the then current MyHolidayPartner Affiliate Program agreement and this agreement is not canceled by either party. If canceled, outstanding commissions for current period at time of cancellation shall be paid in the next quarterly payment so long as rules of this agreement were not violated by the Affiliate.
- Commissions are calculated monthly on the first day of every month and paid via PayPal within 15 to 30 days thereafter. MyHolidayPartner reserves the right to modify the payment schedule from time to time so long as notice is posted to Web site or via e-mail. If commissions do not exceed GBP £55.00 Sterling for a prior period, MyHolidayPartner maintains the right to hold payment until commissions accumulate to £55.00 or more or 90 days have passed, whichever comes first.
- All payments will be made in GBP Pounds Sterling.
- If a MyHolidayPartner processed membership is canceled or refunded by the customer, the related commission will be deducted from the next monthly payment or the Affiliate shall be billed for the amount owed.
- Affiliate is solely responsible for insuring that their link to the MyHolidayPartner website form is set properly.
- Using the Affiliate Management Centre Affiliates will be able to select whether or not they wish to be e-mailed with a confirmation message after any of the stages of the membership process are entered into by a referred customer.
AFFILIATE PAYPAL ACCOUNT
- MyHolidayPartner is in no way associated with or affiliated with PayPal and all queries by a MyHolidayPartner Affiliate concerning their PayPal account must be made to PayPal directly.
- Affiliates do not need to have a PayPal Account when entering into the MyHolidayPartner Affiliate Agreement.
- PayPal accounts are accessed using the account holders e-mail address as the user-name. The e-mail address for payment supplied to MyHolidayPartner by an Affiliate may refer to an existing PayPal account or if no account exists one will be created when the first payment is made. In the event that a PayPal account is created PayPal will send a notification e-mail to the e-mail address supplied by the Affiliate as notification that funds have been deposited and giving instructions on how to access the account.
- Once payment of commission has been made by MyHolidayPartner to the e-mail address supplied by an Affiliate for this purpose all responsibility on the part of MyHolidayPartner with regard to payment of commissions will be deemed to have been fulfilled. It is the Affiliates responsibility to ensure that the e-mail address they have supplied to MyHolidayPartner for the purpose of payment is correct. All possible disputes regarding the movement of funds or the existence of funds or the non-existence of funds within a PayPal account are solely a matter between the account holder and PayPal.
REPRESENTATION
Affiliate shall take great care to not misrepresent MyHolidayPartner products or services.
Affiliate agrees to:
- NOT SEND UNSOLICITED or SPAM mail to promote MyHolidayPartner. This action is ground for immediate termination of the account with a cancellation of any pending and future commissions. You will also be in violation of your Affiliate agreement and subject to legal action since your unsolicited e-mail can damage the image of MyHolidayPartner.
- Not represent themselves, their business, and/or web sites as the Provider of MyHolidayPartner services.
TRADEMARKS
MyHolidayPartner reserves all rights in or to its trademarks but may be used by Affiliate in accordance with this agreement. Affiliate may in no way display a MyHolidayPartner related logo, image, or trademark which may be distasteful, defame, or misrepresent its brand. MyHolidayPartner has the right to specify how and if a trademark may be used by the Affiliate.
TERMINATION
This agreement remains in affect until canceled by either party. Upon cancellation, Affiliate agrees to cease selling MyHolidayPartner services and use of any trademarks. Affiliates found not complying with any of the aforementioned program terms and conditions can result in a suspension and/or termination of the Affiliate's participation in the program. Commissions earned through the date of expiration or cancellation of this agreement will remain payable only if the qualifying memberships are not canceled or refunded by the referred Customers and the Affiliate has not violated this agreement. Payment of the final Commission payment to the Affiliate may be withheld for a reasonable time in order to ensure that the correct amount is paid. All future commissions for any reason including but not limited to renewal of membership will no longer be paid.
INDEPENDENT CONTRACTOR
The relationship between MyHolidayPartner and Affiliate established by this Agreement is that of independent contractors. MyHolidayPartner and Affiliates shall each conduct its respective business at its own initiative, responsibility and expense, and shall have no authority to incur any obligations on behalf of the other, except as otherwise provided herein. DISCLAIMER: MyHolidayPartner will make every reasonable effort to track and pay commissions for all membership fees that apply to Affiliate. However, MyHolidayPartner is not responsible for technical problems, Acts of God, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this service.
WARRANTY DISCLAIMER
MyHolidayPartner MAKES NO WARRANTIES EXPRESSED OR IMPLIED WITH REGARD TO AFFILIATE PROGRAM.
LIMITATION OF DAMAGES
MyHolidayPartner shall not be held liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or program, even if MyHolidayPartner has been advised of the possibility of such damages. MyHolidayPartner's aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by MyHolidayPartner under this agreement. Affiliate understands that Referral tracking can never be 100% accurate and MyHolidayPartner is not responsible for inaccuracies that might occur beyond its control. It is the goal of MyHolidayPartner to make referral tracking as accurate as possible; however, MyHolidayPartner cannot guarantee 100% tracking for situations beyond its reasonable control.
GOVERNING LAW
This agreement shall be governed by the laws of the United Kingdom. By signing up for the MyHolidayPartner Affiliate Program you agree to be bound by the terms and conditions of this agreement.