Terms And Conditions

Wasi Travel Affiliate Program Terms Of Service

 

Agreement

By signing up to be an Affiliate in the Wasi Travel Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Wasi Travel reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

Account Terms

  • You must be 18 years or older to be part of this Program.
  • You must live in the United States to be an Affiliate.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. Wasi Travel cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You may not use the Affiliate Program to earn money on your own Wasi Travel product accounts.

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Wasi Travel. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Wasi Travel. You must ensure that each of the links between your site and the Wasi Travel properly utilizes such special link formats. Links to the Wasi Travel placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Wasi Travel product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Affiliate links should point to the page of the product being promoted.

Referral fees/commissions and payment

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to http://www.wasitravel.com and complete an order for a product during that session.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you’ve earned more than $50 in affiliate income. If your affiliate account never crosses the $50 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $50 threshold.

Identifying yourself as a Wasi Travel Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Wasi Travel or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Payment schedule

As long as your current affiliate earning are over $50, you’ll be paid each month. If you haven’t earned $50 since your last payment, we’ll pay you the following monht after you’ve crossed the threshold.

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program 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. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to http://www.wasitravel.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Wasi Travel reserves the right to end the Program at any time. Upon program termination, Wasi Travel will pay any outstanding earnings accrued above $50.

Termination

Wasi Travel, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Wasi Travel service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Wasi Travel reserves the right to refuse service to anyone for any reason at any time.

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.

Limitations 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 this Agreement.

Disclaimers

We make 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, we make no representation that the operation of the Wasi Travel will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

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.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. 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.

The failure of Wasi Travel to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Wasi Travel and govern your use of the Service, superceding any prior agreements between you and Wasi Travel (including, but not limited to, any prior versions of the Terms of Service).

Now therefore, in consideration of the foregoing, it is hereby agreed as follows:

 0. Definitions

Clawback – an amount that was previously paid to the Agent by the Principal for a hotel booking, flight booking or similar sort of transaction, that was later cancelled. The Principal reserves the right to withhold amount previously paid to the Agent from the following payment to the Agent.

Principal Marks – trade marks registered by or applied for by the Principal

Prohibited activities – any activities by the Agent, which cause or may cause detriment to the Principal’s brand, affect the operation of Principal’s Services, affect the relationship between the Principal and its clients and suppliers.

Relevant Earnings – the amount of commissions received by the Principal from its suppliers and partners for the transactions originated by the Agent’s visitors for the duration of the Cookie Lifetime (Appendix A).

Reporting Period – the period starting on the 1st of the month and ending on the last day of the same month.

Threshold Amount – the minimum amount to be accrued on the Agent’s account to be payable to the Agent in the period following the Reporting Period according to the payment terms (Appendix A).

1. Recitals and annexes

1.1  All recitals and annexes shall be intended as integral part of this Agreement.

2. Scope of the Agreement and Parties obligations

2.1  Principal grants non-exclusive license to the Agent to use its web site by hyperlinking from the Agent web site, which may be a blog, group in a social network, portal, vertical web site, etc. (hereinafter “Agent website”). This license is granted with the exclusive purpose of allowing the Agent to present the information from the Service under its own trademark (hereinafter “Commercialisation”) and only for the period in which this Agreement is in force.

2.2  The Parties agree that the Commercialization of the Service shall start on the date the Agent registers for an account in the Principal’s system. This Agreement doesn’t require signatures of the Parties as the Agent agrees and accepts that its participation in the Affiliate Program constitutes its acceptance of all terms and conditions stated hereby.

2.3  Principal warrants that to the best of its ability it will be able to identify a booking or a purchase through the Agent’s website by means of a specific parameter automatically assigned to each Agent user or in a similar technical manner achieving the same goal. It should be explicitly noted that no personal information is being collected by the Principal about the Agent’s users.

2.4  For the whole duration of this agreement, Principal will grant the Agent a web-based dedicated access to a tracking/reporting platform linked to the Principal’s back office system through which the Agent will be able to monitor the exact number of Agent users booking and buying airfares and/or hotels (if applicable).

2.5  Reassignment of the entire agreement:

2.5.1      Pursuant to and by effect of this Agreement, Principal will have the right to transfer this Agreement to other companies with a written notice to Agent given in a commercially reasonable time frame.

2.5.2 Agent will have the right to transfer this Agreement in its entirety to another entity with a prior written approval by the Principal, which can’t be unreasonably withheld.

2.6 Agent undertakes to promote the Service through appropriate and specifically-targeted marketing activities. Such activities may be carried out through promotions both “on-line” (website, email, newsletter, etc…) and “off-line” (advertising, press releases, etc…).

2.7 Agent declares and guarantees that, in all commercial communications about the Service, only legitimately owned images and/or contents not damaging, in any capacity, any third party rights, will be used. The Agent also declares and guarantees to have duly remunerated any possible holders of the above-mentioned rights for this specific commercial use.

2.8 Intellectual Property Rights:

2.8.1 Agent agrees not to use the Principal Marks (JetRadar, TravelPayouts, HotelLook, BookMyBest, Aviasales), their misspellings and transcriptions (including misspellings) in any other languages in any SEO / SEM / PPC / CPC campaigns or activities. Principal reserves a right to cancel the Agent’s account without payment of accrued commissions if the Agent engages in the abovementioned practices.

2.8.2 Agent agrees not to use any of the Principal’s suppliers’ Marks (any online travel agencies’ names, hotels, hotel chains, airlines, etc.) and their misspellings in any SEO / SEM / PPC / CPC campaigns or activities. Principal reserves a right to immediately cancel the Agent’s account without payment of accrued commissions if the Agent engages in the abovementioned practices. Agent understands and agrees that it’s not possible to create an all-inclusive list of all suppliers of the Principal, hence it agrees with the merit of this section.

2.8.3. Agent agrees not to engage (willingly or accidentally) into Prohibited Activities, including, but not limited to:

 i. Sending PPC traffic to the Principal Services and web sites

 ii. Embedding Principal’s web sites into HMTL frames (visible or hidden) or use other approaches for the same intent

 iii. Sending unsolicited emails or social network notifications and messages (SPAM) to promote any of Principal Services

 iv. Opening Principal Services and web sites in pop-up/-under windows

 v. Parsing Principal Services and web sites and/or creating automated (not legitimate user-initiated) load on these services

 vi. Registering web sites with names similar to (including: misspelling, shortening, SMS-izing, having similar pronunciation) the Principal Marks in any TLDs and countries.

vii. In any way manipulate cookies set by the Principal’s Systems.

 viii. Collecting information that can be used to identify the end user of the service.

Agent understands and agrees that this list is not exhaustive, but provides reasonable description of the merit of the prohibitions. Agent understands and agreed that its engagement into Prohibited Activities will cause the immediate suspension or termination of the account and a forfeiture of the accrued commissions.

2.8.4. Agent agrees not to sign up for another account using its affiliate identifier as a reference in order to inflate affiliate commissions payable. If such occurrence is identified by the Principal, the referral commissions will be forfeited.

2.9. Prohibited Content:

2.9.1. The Agent agrees not to publish or promote Prohibited Content consisting of sexually explicit materials, violent materials, libellous or defamatory materials, illegal materials and activities.

2.9.2.  If the Agent is found to use Prohibited Content for Commercialization purposes in the context of this Agreement, the Agent reserves the right to immediately suspend or terminate the Agent’s account without payment of accrued commissions.

2.10 Indemnification by the parties:

2.10.1   Regardless of the degree of collaboration offered by Principal, Agent agrees to indemnify and hold Principal harmless from any claims, damage compensation, costs, expense and charges deriving from the aforesaid advertising campaigns and/or the Commercialisation.

2.10.2   Principal agrees to indemnify and hold Agent harmless from any abovementioned claims arising out of the breach by the Principal of its express obligations and warranties under this Agreement.

2.11 The Agent declares to accept that, within the confines of the applicable legislation, the Service is provided on a “as is“ basis and Principal expressly excludes all guarantees or any obligations not explicitly mentioned in this agreement, including any guarantees relating to the peaceful commercialization of the Service without any disturbance from third parties.

2.12  Within the limits permitted by law, Principal is expressly relieved of any responsibility for any direct or indirect damage, of whichever kind, deriving from or connected with the Commercialization of the Service, regardless of the legal nature of any compensation claim possibly lodged (be it contract-related, from unlawful actions or of any other nature), even in the event that Principal has been warned of the possibility to incur such damage.

2.13 In any case, the Agent undertakes to promptly notify (hereinafter “Communication”) Principal of any claims or complaints by third parties (hereinafter “Complaints”) pertaining to the service, the same becomes aware of, in order to allow Principal to appropriately take charge of the matter.

 3. Compensation and payments

3.1  Principal shall pay to the Agent the relevant commission fees indicated in paragraph 2 in Appendix A, for any booking or successfully completed purchase made by any Agent users through the Agent website.

3.2  Agent understands and agrees that the size of the relevant commission received by Principal from its suppliers is solely determined by the agreements between Principal and its suppliers.

3.3  For the calculation and payment of the remunerations referred to in article 3.1, the Parties agree to refer to the results from the Back office web application mentioned in section 2.4.

3.4  Every month of Commercialisation activities and based on the results referred to in article 3.3, the Principal will create a self-billing invoice on behalf of the Agent. Principal undertakes to pay any money owed within the time period indicated in paragraph 3 in Appendix A.

3.4.1 If the amount on the self-billing invoice is substantially (in excess of 5%) different from the accrued amount, both Parties agree to work in good faith to resolve the reason for the mismatch.

3.5  The currency of payment is indicated in paragraph 4 in Appendix A.

4. Confidentiality

4.1  Both Parties and their respective staff undertake not to disclose to third parties, any information, technical data, documents and news concerning the other Party, the personnel involved in the execution of the activities referred to in this Agreement may have gained knowledge of. Such information, data, documents and news shall all be regarded as “Confidential Information”. Moreover, the Parties undertake to use the Confidential Information exclusively for the purposes contemplated by this Agreement.

4.2  Neither Party shall be held responsible for the disclosure or improper use of such Confidential Information, if:

4.2.1 such information is or has become public knowledge not due to a violation of this Agreement;

4.2.2 the Receiving Party has obtained such information in a non-confidential way by a third party who was legally in possession of it and was legally authorised to disclose it;

4.2.3 the Receiving Party was already privy to such information;

4.2.4 the Receiving Party is forced to communicate or disclose such information in execution of a legitimate order by any competent authority, providing that, in such case, the Party receiving the order immediately gives notice thereof to the Party owning the aforesaid Confidential Information, so that this can request the application of specific measures or remedies to protect its interests;

4.2.5 the Receiving Party has obtained and disclosed such information subject to the written authorization of the Party circulating it in the first place.

4.3  Neither Party shall issue to the public any press releases or similar announcements regarding the execution or content of this Agreement without the express consent of the other Party.  Such consent can’t be unreasonably withheld.

4.4  The duplication, reproduction or removal of any of Principal’s Confidential Information is strictly forbidden, except for any documentation necessary for fulfilling the activities referred to in this Agreement.

4.5  The above obligations shall remain valid for a period of 3 (three) years after the expiration of this Agreement.

5.    Validity

5.1  This Agreement shall take effect as of its signing date and shall be intended as valid on a perpetual basis.

5.2  In any case, each Party reserves the right to terminate this Agreement at any time, by giving written notice thereof to the other Party within 60 (sixty) days of the termination taking place.

5.3  Principal also reserves the right to interrupt, at any time and to its sole discretion, the provision of the Service relating to one or more of its suppliers, at the request of such suppliers. If deemed reasonably important by the Principal (i.e. has a potential to disrupt 20% of revenue or more), such interruption will be communicated to the Agent via suitable channels.

6. Obligations of the parties upon termination of the Agreement

6.1  Upon termination of this Agreement the Agent shall immediately cease to present itself as the authorised licensee for the commercialisation of the Service and to use any trademark, software, hardware and/or confidential information owned by Principal and, at the request of the latter, shall immediately destroy all technical manuals, commercial and promotional documentation as well as any other type of documentation received by Principal for the purposes set out in this Agreement.

6.2  The termination of this Agreement shall not compromise, in any way, any rights or responsibilities that either Party may have already accrued at the Agreement’s expiration date, unless such termination was for the cause of Agent’s violation of the Intellectual Property of the Principal or its suppliers as described in section 2.8.

6.3. If at the time of termination of this Agreement the Threshold Amount is not accrued on the Agent’s account, the Agents agreed to forfeit the accrued amount.

7. Adjustments and Communications

7.1  This Agreement represents the entire agreement between the Parties and may be modified by the Principal from time to time to reflect the new products, trademarks and market realities.

8. Partial invalidity

8.1  In the event that any of the clauses contained in this Agreement should prove void or voidable, in full or in part, due to it being inconsistent with the applicable law and/or a provision issued by the Judicial Authority, the unaffected portion of the clause as well as all the other clauses contained in the Agreement and the Agreement itself shall continue to be intended as fully valid and effective.

9. Law and Jurisdiction

9.1  The Parties agree that this Agreement is entirely governed by the Hong Kong laws, which shall discipline the execution and termination thereof.

9.1.1 If the Agent is a Hong Kong entity (sole proprietor, corporation, etc.), it agrees to provide the Principal its tax identification number so that the Principal can report the Agent’s income arising from this Agreement to the IRD.

9.2  The Parties also agree that any disputes arising out of or in connection with this Agreement shall be subject to the arbitration by the Hong Kong International Arbitration Centre.

Appendix: Commissions schedule In The Reporting Month

Principal agrees to pay Agent the following: 60% of the total commission

Excluding pending, cancelled sales and clawbacks from previous periods.

 

Principal reserves the right to increase the Agent’s revenue share at its discretion temporarily (as part of a marketing campaign) or permanently.

Additionally, if Agent 1 has referred another Agent 2 via its referral code, and said referral code was duly recorded in the Principal’s system, said Agent 1 is entitled to a commission of 5% of the Principal’s Relevant Earnings of Agent 2.

Payment terms. The Principal undertakes to pay the Commission fees to the Agent within 15 days after the end of the given Reporting Period, unless the Threshold Amount for a given payment method (see below) is not reached; in the latter case the accrued commissions will be held on behalf of the Agent until the Threshold Amount is eventually accrued.

Payment currency. The Principal undertakes to pay the Commission fees in the following currency: USD. Payments in other currencies are possible, but the conversion rate will be defined by the sender’s or recipient’s bank as applicable.

Cookie lifetime. For the purpose of end user identification the Principal and their subsequent purchases sets a tracking cookie (where applicable) on the end user’s computer/device. Such a cookie has a 30 days’ lifetime, which is extended by another 30 days each time the end user runs a flight search on the Principal’s web site while the cookie is still valid.

Payment methods. Various payment methods attract various minimum amounts which can be remitted via such methods. The list below is indicative of such thresholds (the numbers may vary from time to time to reflect commercial realities):

Stored value systems

PayPal: Threshold of USD 50

Manual (Bank Indonesia Wire Transfer): Threshold of USD 500.

Note:

The Agent bears the cost of receiving the payment and intermediary bank fees (if any).

Terms and Conditions may change at any time (with / without notice)

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