Book.hosteltimes.com Affiliate Program Partner Agreement

This agreement establishes the terms of the relationship between Hosteltimes.com ("Company") and the Affiliate Partner ("Partner") and allows the Partner to offer for sale the Company's products through its own website(s). Hostel Times and the Affiliate Partner hereby agree as follows:

1.0 General

1. The Company operates accommodation and tour reservations systems, which provide information, pricing and reservation for hostels (and other properties) as well as tours worldwide.
2. The Partner agrees to promote Hostels and tours via online and/or off-line means to its customers on the terms set out in this agreement. The Partner also accepts all of the pricing, distribution and reservation policies and procedures as carried out by Hosteltimes.com and all of its staff and partners.

2.0 Service

1. The Partner agrees to accept the Hostels, tours and all other information as listed on Hostel Times' site and/or its partners' sites ("Site") and agrees to make no changes to the content and information listed on the Site, unless agreed to by both parties.
2. The Company will provide the Partner with all the graphical and technical support required to execute the above. The Partner has a choice to make visual modifications to the content as permitted by the Company.
3. The Company will offer technical and marketing assistance to the Partner as required. This will occur between the hours of 9 am - 5 pm, Monday to Friday (Pacific Standard Time). The Company will Endeavour to solve any problem pertaining to any technical issue relating to this Agreement within reasonable days.

3.0 Rights and Obligations

1. Under the terms of this agreement, the Partner will market the Company's products and services in return for commissions earned. The Company shall offer its products to the Partner at the same rates it offers these products to the public and the Partner shall sell the Company's products at such rates. The Partner agrees to make no changes to the content on the Site, unless specifically agreed to by the Company.
2. The Partner understands and agrees that this agreement to sell the Company's products is non-exclusive. The Company may appoint one or more additional Partners having marketing responsibility in the same area. Furthermore, the Company itself and other Partners may also sell the same products to purchasers located anywhere.
3. The Partner agrees not to undertake any advertising and/or marketing activities, which can be misrepresented or misconstrued as having originated from the Company. This includes, but is not limited to: illegally using the Company brand name, or any of its logos, search engine advertising utilizing the Company name(s).
4. The Partner agrees not to bid on keywords in search engines that directly relate in any way to the Company's trademarks. These include, but are not limited to Hostel Times, Hosteltimes.com. If any activity listed above is undertaken by the Partner, the Company reserves the right to suspend commission payment to the Partner immediately, and may suspend the Partner's affiliate account.
5. The Company will solely be responsible for the development, operation and maintenance of the Company's operation and sales systems and for all contents and information that appear on the Company's place of business or web site.
6. The Company will indemnify and hold the partner harmless from all claims, damages, and expenses relating to the development, operation, maintenance, and contents of the Company's operation and web site.
7. The Partner will indemnify and hold the Company harmless from all claims, damages, and expenses relating to the development, operation, maintenance, and contents of the Partner's operation and web site.
8. All issues relating to the booking process are the responsibility of the Company and the Partner shall not enter into any correspondence with the client in any way, unless approached first.
9. We make no express or implied representations or warranties regarding the Site or its performance, availability or functionality. Any implied warranties of merchantability, fitness for a particular purpose, and non-infringement from the Company are expressly disclaimed and excluded. In addition, we make no representation or warranty that the operation of the Site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors.

4.0 Payment

1. The Company will pay the Partner a percentage of the revenue generated by sales resulting from Hostel Times Affiliation. The transactional commissions will be paid according to percentages agreed by the Company and the Partner:
2. All commission payments will be issued once a month, in US Dollars as stated when you sign up. The Company will provide payment via one of the means specified by the Partner in the affiliate registration form. Minimum threshold for cheque payment is $200.
3. Commissions on Hostel and tour Bookings are guaranteed and the full amount is paid on each confirmed booking unless chargeback is occurred.
4. The Company will provide the Partner with an account summary, which will track the statistics including number of visitors, bookings. The Partner will also have access to revenue and payment reports, which will display commission revenue earned and payment history.

5.0 Confidentiality

1. Any use by the Partner of any other user's information, personal or otherwise, for any commercial purpose is prohibited. Any such use shall be deemed to be a violation of this Agreement. The Site is to be used for the Partner's customers' personal use only.
2. The Partner agrees that it will not use Company information obtained from the Site for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. Notwithstanding the foregoing the Partner may market products and services to its customers, who have purchased travel through the Site, via e-mail, provided however, the customer has the ability to unsubscribe to such solicitations and cease to be a recipient of such e-mails. If Partner is in violation of this, the Company reserves the right to immediately terminate this Agreement without notice.
3. Neither party will make announcements or statements to the public nor any third party concerning the transaction details described in this agreement without the prior written consent from the other party without the prior written consent from the other party. This shall not be unreasonably withheld or delayed.

6.0 Duration and Termination

1. The Agreement comes into force from the day the Partner is approved as an affiliate partner. Both parties retain the right to end the agreement at any time, with due warning given to the other party. Termination may occur (but not be limited to) if:
   • Either party breaches this Agreement and fails to remedy such breach within 7 days of receipt of notice from the other party specifying the breach and requiring it to be remedied.
   • Either party breaches the Agreement or the breach cannot be remedied.
   • Any step is taken to appoint a receiver, a controller, a liquidator, a provisional liquidator, an administrator or other similar person of the whole or any part of the other's assets, undertakings or business.
2. Upon termination, any moneys owing to the affiliate, which are below the minimum amount paid, will be forfeited by the Partner
3. Upon termination, the Partner shall immediately remove any information, data, pictures furnished by the Company, including reproduced or modified by the Partner, any reference to the Company on its website, promotional or published material.

7.0 Liability

1. Each party owns and retains all rights, title and interest in its names, logos, trademarks, service marks, copyrights, patents, proprietary features, and proprietary technology. Neither party shall copy, distribute, reproduce, or use the above proprietary items except as expressly permitted under this agreement.
2. This agreement sets forth the entire understanding between the parties and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter of this agreement. This agreement may be modified only in a written agreement signed by both parties. Both parties will be responsible for their own costs and legal fees associated with this Agreement.
3. The Partner and the Company agree that Partner is an independent contractor for all purposes, and the Partner will be responsible for his own withholding taxes, workmen's compensation and all other matters related to work.
4. This agreement shall be governed, construed, and enforced in accordance with the laws of California and the laws of the United Stated of America. The Partner and the Company agree that the courts of California shall have non-exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or to settle any disputes, which may arise out of or in connection with this agreement.
5. This agreement shall not be assignable, except by operation of law, by either party without the prior written consent of the other party, and any purported assignment by either party without the prior written consent of the other party shall be void.
6. Neither party shall be liable to the other in respect of anything which, apart from this provision, may constitute breach of this agreement arising by reason of force majeure. If any force majeure event shall continue for more than six months, either party may terminate this agreement immediately.