World Nomads - Affiliates Application

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TERMS & CONDITIONS

: World Nomads Affiliate Agreement The World Nomads Affiliate Agreement (Agreement) contains the terms and conditions set out below which apply to your participation as an affiliate member of the World Nomads affiliate program (Affiliate). Details of the World Nomads affiliate program (Program) can be found at http://www.worldnomads.com (Merchant Web Site). This web site is operated by WorldNomads.com Pty Limited (ACN 127 485 198) (Merchant). This Agreement is effective on the date you accept the terms and conditions set out in this Agreement As used in this Agreement, "we", "our", and "us" refers to Merchant and "you" and "yours" refers to the "Affiliate". TERMS AND CONDITIONS By applying to become an Affiliate under the Program and receiving and using links and other supplied content to the Merchant Web Site from the Merchant, the Affiliate by this conduct is confirming that it has read this Agreement and agrees to be bound by the terms and conditions contained in this Agreement. If the Affiliate does not agree with any of the terms and conditions set out in this Agreement, do not apply to join this Program. 1. True and Complete Information (a) The Affiliate represents and warrants that all information provided by Affiliate in connection with becoming an affiliate of the Merchant is true and complete. (b) If the Merchant determines that any information provided by the Affiliate is not true and complete, the Merchant may immediately terminate the Affiliate's participation under this Agreement without notice. 2. Suitability of Affiliate Web Site(s) The Affiliate represents and warrants that neither its web site(s) (Affiliate Web Site) nor any content or technology used in connection with the Affiliate Web Site: (a) infringes on any third party's intellectual property, publicity, or privacy rights; (b) violates any law or regulation; (c) is threatening, defamatory, obscene, harmful to minors, or contains nudity or pornography; (d) contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (e) is materially false, inaccurate, or misleading; (f) promotes violence; (g) promotes discrimination based upon race, sex, religion, nationality, disability, sexual orientation or age; (h) promotes the use of bulk email or spam; (i) promotes the use of pyramid schemes; or (j) promotes illegal gambling, sports betting or touting. 3. Affiliate’s Rights (a) Affiliate must market the Merchant’s goods and services to its customers by establishing links from Affiliate's Web Site to Merchant Web Site and is authorised by the Merchant to promote the Merchant’s goods and services, subject to the terms and conditions of this Agreement. (b) Merchant grants to Affiliate a non-exclusive, non-transferable, revocable, non-sublicensable worldwide licence: (i) to access the Merchant Web Site through hypertext markup language ("HTML") links; and (ii) to use the Merchant's logos, trade names, trade marks and similar identifying material and other content including coded and traceable HTML links, Promotional Codes or Donation Codes which the Merchant makes available to the Affiliate in connection with this Program which is owned by or licensed to the Merchant for use in connection with the Program (Merchant Content) The Affiliate is only entitled to use the Merchant Content during the Term of this Agreement. This license will terminate immediately upon termination of this Agreement. The Merchant may revoke the licence at any time by giving the Affiliate thirty (30) days prior written notice. (c) Merchant will provide Affiliate with a uniform resource locator ("URL") through which Affiliate will be able to track the Product purchases of Affiliate's customers. (d) The Affiliate must not use any unsolicited bulk email or other spamming techniques to market the Merchant’s goods or services. 4. Content Usage Restrictions (a) Affiliate represents and warrants that it shall not, except as specifically authorised by this Agreement: (i) copy or display any Merchant Content; (ii) modify, adapt, translate or create derivative works based on the Merchant Content without prior authorisation in writing from the Merchant; (iii) remove, erase, or tamper with any copyright or other proprietary notices in any copy of any of the Merchant Content; (iv) sell, market, license, sublicense, distribute, disclose or otherwise grant to any person any right or interest in the Merchant Content; or (v) take any action which may cause deception, confusion or otherwise dilutes the quality of the Merchant Content or the goodwill associated with it. (b) The Affiliate must comply with all reasonable directions from the Merchant in relation to the display of the Merchant Content on the Affiliate Web Site, including in relation to any coded HTML links or link formats prescribed by the Merchant. 5. Property Ownership Rights (a) The Merchant retains all rights, title and interest in the Merchant Content including all intellectual property rights that exist in the Merchant Content. (b) The Affiliate represents and warrants that it will not take any action that is inconsistent with the Merchant's ownership of the Merchant Content. (c) Any rights or other benefits accruing from the use of such Merchant Content by the Affiliate will automatically vest in the Merchant and the Affiliate must do all things reasonably requested by the Merchant to protect such rights for the benefit of the Merchant. 6. Logo and Trademark Usage: WorldNomads.com (a) Affiliate represents and warrants to Merchant that except for the Merchant Content , it shall not use or display any trademark, logo, or branding (including, without limitation, any misspelling or substantially similar version thereof) of WorldNomads.com, in any manner whatsoever (including without limitation, in any search engine marketing or search engine optimisation, in any domain name, any other online/offline marketing or advertising etc.) without first obtaining prior written approval from the Merchant, which may be denied at Merchant's sole discretion. (b) Examples of trademarked terms that the Merchant will not permit Affiliates to use, display or bid on are (this includes misspellings or substantially similar versions thereof words and phrases below): • World Nomads • WorldNomads.com or. any other World Nomads domain • World Nomads Travel Insurance • World Nomads Insurance • Nomads Insurance 7. Operation and Maintenance of the Merchant Web Site (a) The Merchant may accept or reject, in its sole discretion, all orders by customers for goods or services placed on or through the Merchant Web Site. (b) The Affiliate does not have any authority to represent the Merchant in any capacity or to create any legally binding obligation on behalf of the Merchant. (c) The Merchant cannot, and does not, guarantee or make any representation or warranties in relation to the availability of any goods or services offered for sale on the Merchant Web Site. (d) The Merchant is solely responsible for all pricing, merchandising, order processing, order fulfilment, shipping, returns and all other aspects of the Merchant Web Site and the sale of goods or services using the Merchant Web Site. (e) The Affiliate acknowledges that it obtains no right, title or interest in any personal information obtained through the use of the Merchant Web Site, and must comply at all times with the provisions of the Privacy Act (Cth) in relation to any use that it makes of such information. (f) The form, content and frequency of any reports we may provide you under this Agreement may vary from time to time at our discretion. 8. Referral Fee Payments (a) Merchant agrees to pay a fee (Referral Fee) to the Affiliate that equals a percentage of the transaction value to a maximum of 10% for all Confirmed Sales traceable, as outlined in Clause 10, through the Merchant Content supplied. For purposes of this Agreement, " Sales" means all cash consideration received by the Merchant from goods or services sold in a transaction resulting directly from Merchant Content in the Affiliate Web Site to the Merchant Web Site and where the customer purchases such goods or services during the period when the cookies are able to track sales outlined in Clause 10 of this document, less applicable taxes, (including GST), Footprints Network donations, shipping and handling charges, gift wrapping and other value-added service charges, merchant fees, bank or credit card processing fees or policy fees, returns and chargebacks. (b) Subject to the terms and conditions of this Agreement, Merchant will pay Affiliate the Referral Fee derived from Confirmed Sales during the prior month by the 15th working day of the succeeding month. (c) The Affiliate will be notified in advance of any anticipated delays in payment by the Merchant. (d) The Merchant will rollover Referral Fees due under Clause 8 to the next month if the amount to be paid is AUD$250 or less. (e) No Referral Fee is payable in respect of a Sale unless the customer follows a link from the Merchant Content located on your Affiliate Web Site to our web site as supplied by the Merchant to the Affiliate, and the customer purchases an item using our ordering system and remits full payment to us. (f) The Referral Fee only becomes payable once the product or service sale has been Confirmed. For travel insurance sales, unless cancelled prior, a sale is confirmed on the policy Start Date. The Referral Fee is tagged as Pending until this time. (g) If a Referral Fee is made under this Agreement in respect of a Sale which is later cancelled by the customer, the Referral Fee in respect of that cancelled Sale will be deducted by the Merchant from the next monthly payment to be made under this Clause 8. (h) Upon termination of this Agreement, the Merchant will ensure that the Affiliate is paid all Referral Fees owed to Affiliate as at the termination date (Final Referral Fee). (i) The Final Referral Fee may be withheld by the Merchant for a reasonable period to ensure that the correct amount is to be paid to the Affiliate after taking account of any adjustments that may be required, including, but not limited to, adjustments for cancellations. (j) All Referral Fees are calculated in Australian dollars at the time of the relevant transaction which results in the issue of a policy of insurance. 9. Tax As a condition to you joining the Program as an Affiliate, you must advise us of your current status under Australian law: a New Tax System (Goods & Services Tax) Act 1999 (GST Law) For the purposes of the Program, your country where your business is registered or the location of your operation determines your current status. (a) Australia. For Australian located or registered businesses, you must advise us if you are: (i) GST Registered. This means that the Affiliate has a current Australian Business Number (ABN) under the GST Law, in which case the Affiliate must provide us with its ABN and, accordingly, the amount of the Referral Fee paid to the Affiliate will include a GST component of +10% which is required because the service being suppled by the Affiliate to the Merchant is a taxable supply under GST Law; (ii) Not GST Registered. This means that the Affiliate does not have a current ABN. In this case the applicable taxation laws require the Merchant to withhold 48.5% of the amount due to the Affiliate and to pay this to the Australian Taxation Office on the Affiliate’s behalf; (iii) Hobby. This means that the Affiliate Web Site is operated by the Affiliate as a hobby and, accordingly, the Merchant is not required to withhold 48.5% of the amount due as a Referral Fee. If the Affiliate wishes the Merchant to treat its operation as a hobby it must provide a written, signed statement that the operation of the Affiliate Web Site is a hobby and not a business. A full list of the criteria of a hobby operation is available from MT1999/D1, which is public ruling made by the Australian Taxation Office. Alternatively visit the website www.law.ato.gov.au and do a search for “hobby website” to find the criteria or seek independent accounting advice. (b) International This means that the location of the Affiliate’s operation is not within Australia and accordingly no GST is payable in respect of the service being provided by the Affiliate to the Merchant. The Referral Fee paid in such circumstances will be the amount due calculated under this Agreement; 10. Sales Tracking (a) Using World Nomad’s software, we will track Sales made by customers who come to the Merchant Web Site though Merchant Content displayed on your Affiliate Web Site, and Sales using a discount or promotional code associated with this Program. . (b) We will pay the Affiliate a Referral Fee for such Sales under Clause 8 provided that we are able to accurately track such Sales through the use of a customer referral tracking cookie . The use of Cookies is the only method by which we will track Sales under this Agreement. (c) The Affiliate acknowledges and accepts that: (i) Only correct use of Merchant Content will drop a customer referral tracking Cookie on the user’s computer, enabling the Merchant to allocate the Referral Fee to the Affiliate correctly. (ii) The Merchants tracking cookie is set to expire after 30 days and that after such time we cannot track Sales using such cookies; and (iii) if our cookies are deleted, erased, corrupted or become unworkable for whatever reason, we will no longer be able to track Sales to that customer, and in all such cases we shall not be liable for payment of any Referral Fees to you for any additional purchases of goods or services made by such customer(s) from us or our merchant partners after the time that such cookies are incapable of tracking Sales. (d) The sales tracking and other information that the Merchant compiles in connection with the Program, is binding on both the Merchant and the Affiliate and the parties undertake to one another that they will not challenge or dispute the completeness or accuracy of the information. 11. Independent Contractors and Relationships (a) All Affiliates are independent contractors to the Merchant and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. (b) Affiliates are responsible for their own federal, provincial, state, local or other taxes. 12. Merchant guarantees no specific income from this Program (a) The Merchant makes no representations or warranties whatsoever in relation to any future matters arising under the Agreement, including the quantum of Referral Fees that the Affiliate may receive under this Agreement. (b) We may change our policies, operating procedures or Referral Fee levels at any time. (c) We reserve the right to reject orders from customers that do not comply with any requirements that we periodically may establish. 13. Responsibility for Affiliate URLs and Affiliate Participation 13.1. The Affiliate will be solely responsible for the development, operation, and maintenance of all URLs that are linked to the Merchant Web Site, for all materials that appear on such URLs and the Affiliate must use its best commercial endeavours to maintain such URLs in full working order at all times up to the date of termination of this Agreement. 13.2. Merchant retains the right to monitor the Affiliate Web Site to ensure that the HTML links to the Merchant Web Site are appropriate. In the event Merchant, in its sole discretion, determines that the HTML links from the Affiliate Web Site to the Merchant Web Site are inappropriate, then Merchant may either notify Affiliate of any changes to be made or alternatively may terminate this Agreement upon thirty (30) calendar days prior written notice to Affiliate. In the event Merchant notifies Affiliate of changes to be made to the HTML links and such changes are not made within seven (7) calendar days, Merchant may immediately terminate this Agreement upon written notice to Affiliate. 13.3. Upon termination of this Agreement for any reason Affiliate agrees to immediately remove all HTML links from the Affiliate Web Site to the Merchant Web Site. 13.4. Affiliate may not in any manner misrepresent or embellish the relationship between Affiliate and Merchant, nor may Affiliate express or imply any relationship or affiliation between Merchant and Affiliate or any other person or entity except as expressly permitted by this Agreement or agreed in writing in advance. 14. Affiliate Indemnification The Affiliate, at its own expense, will indemnify, defend and hold harmless, Merchant, its related bodies corporate (as defined in the Corporations Act) and associates (as defined in the Corporations Act), and each of their respective directors, officers, employees, agents, affiliates, successors and assigns against any claim, suit, action, judgment, liability, loss, cost, expenses and other damages, including reasonable solicitor’s fees, arising out of or in connection with: (a) any breach or alleged breach of Affiliate's representations and warranties set out in this Agreement; (b) the failure to comply with or perform any obligation or agreement of Affiliate set out in this Agreement; (c) the Affiliate's Web Site(s) and/or any content, technology or other materials displayed or contained on the Affiliate's Web Site(s), including, but not limited to, claims of infringement of third party intellectual property rights; (d) Affiliate's failure or alleged failure to comply with any applicable law; and/or (e) any actual or alleged wrongful act of the Affiliate. 15. Term of the Agreement This Agreement shall commence on the Effective Date and shall terminate on the first to occur of the following: (a) date on which the Merchant no longer maintains the Program; (b) the date on which a party provides written notice to the other party that they wish the Agreement to be terminated; or (c) the date on which the Merchant determines, in its sole discretion, that the Affiliate has breached this Agreement or that the Affiliate's Web Site(s) are unsuitable to participate as an affiliate of the Merchant under the Program. 16. Modification of Agreement (a) Merchant reserves the right to modify this Agreement, at any time in its sole discretion, by posting a change notice or a new agreement on the Merchant Web Site and sending an email notification to the Affiliate at which time the Agreement will immediately be deemed to have been modified in accordance with the change notice or new agreement. (b) If any modification is unacceptable to Affiliate, the Affiliate's sole recourse is to terminate the Agreement by notice under Clause 15(b). (c) The Affiliate's continued participation in the Program as an affiliate following the modification of this Agreement shall constitute acceptance of such modification by the Affiliate. 17. Warranty Disclaimer (a) Merchant makes no warranties, representations, guarantees, or conditions with regard to the goods and services sold on the Merchant Web Site or the operation and maintenance of the Merchant Web Site, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability, fitness for a particular purpose, or non-infringement or any implied warranty arising from course of performance, course of dealing, or usage of trade. (b) The Merchant makes no representation that the operation of the Merchant Web Site will be uninterrupted or error-free. 18. Limitation of Liability (a) The Merchant will have no liability for any indirect, incidental, special, punitive, or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the affiliate program, even if merchant was advised of the possibility of such damages. (b) The Merchant's aggregate liability arising under or with respect to this Agreement or the Program will in no event exceed the total revenue paid or payable by the Merchant to the Affiliate under this Agreement during the 12 month period prior to the date such liability arose. 19. Headings The clause titles and headings used in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify, or place any construction upon or on any of the provisions of this Agreement. 20. Assignment The Affiliate may not assign any of its rights or delegate any of its obligations under this Agreement, by operation of law or otherwise, without Merchant's prior written consent. 21. Waiver The Merchant's failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement. 22. Governing Laws The laws of New South Wales govern this Agreement and the Merchant and Affiliate submit to the exclusive jurisdiction of the Courts of New South Wales.
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