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Affiliate Agreement |
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How to Become an Affiliate |
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To join ITWG's Affiliate Program and become an affiliate of ITWG, you will first need to read the Affiliate Agreement below. If you accept the Agreement's terms, you will then have the opportunity to fill out the Affiliate application and submit it to us. Your application will be evaluated by us to determine whether your site would be a suitable affiliate site. Not all applicants will become affiliates, and it is within our sole discretion to deny any application for any reason, including applications for sites that contain content that could be classified as defamatory, harassing, harmful, obscene, racially objectionable, or unlawful. After our evaluation of your application we will notify you of our acceptance or rejection. |
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AFFILIATE AGREEMENT |
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This is an agreement with binding effect between you (the affiliate) and ITWG ESPERIA S.p.A. (the party granting affiliation), proprietor of the Internet site www.itwg.com (hereinafter referred to as ITWG) having its registered office in Rose (CS), 87040 - Italy, at 40/41 Contrada Sovarette Sottane, Vat code IT02301930786. By clicking on the "I accept" button at the foot of this agreement, you affirm that you have read and understood the terms and conditions of this agreement and that you accept all the legal implications involved in your role as Affiliate. |
| Overview |
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This agreement contains detailed terms and conditions allowing you to become a member of ITWG's Affiliates Program. The object of this agreement is to permit an HTML link to be set up between your website and the ITWG site belonging to ITWG ESPERIA S.p.A. For the purposes of this agreement, the terms We and Our refer to ITWG, and You and Your refer to the Affiliate. |
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What you have to do to become an Affiliate |
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Links, Banners and Hotel Booking Form for linking to ITWG's websites As a member of ITWG's Affiliates Program, you will be able to download the HTML code to add to your web page for creating Links, Banners and Form with ITWG and the related graphics put at your disposal and which you can use on your website. You are authorized to link exclusively to the web pages designated by us in the HTML code assigned to you. In addition, you can use only the HTML code and Affiliate Link Code supplied by us for tracking those visitors who pass from your site to ITWG with precision. Only ITWG's HTML modules can be used to search the travel information on our site. We reserve the right to monitor your site in order to check that our Affiliates Program is functioning correctly and to be sure that the links, banners and hotel booking form that refer to our sites are appropriate and to advise you of any corrections or alterations that must be made. |
| Your full cooperation |
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You agree to collaborate with us in order to establish and maintain the links between your website and ours. You further accept that all images shown and used by you as links or for similar purposes will be graphic images supplied to you by us. Should we decide to update your graphic images, you will be required to replace them with new images. |
| Maintaining your site |
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You are solely and fully responsible for maintaining and updating your site. As a member of ITWG's Affiliates Program, and to ensure that information is accurate and consistent as between your site and ours, you undertake to keep your site updated when ITWG makes changes in the graphics on the ITWG site. In this connection we will monitor your site in order to advise you of any changes that we consider must be made. |
| Compliance with all relevant copyright legislation |
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Given that you are responsible for the content of your site, you have full responsibility for complying with and applying all copyright legislation in relation to your site. If you use material in which the author's rights or other licenses are reserved without express consent, in breach of the law, we will have no responsibility in the matter whatsoever.
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What you must know and understand
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| Checking your site |
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ITWG has the right to monitor your site whenever we consider it necessary, in order to confirm that the terms and conditions of this agreement are being complied with and to advise you of any changes required. |
| Booking conditions |
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Visitors who send bookings to hotels by means of your website through ITWG's Affiliates Program will be regarded in all respects and for all purposes as customers of ITWG ESPERIA S.p.A. All rules, conditions and operational procedures relating to bookings and our customer service system will apply to these customers.ITWG has exclusive power to alter the conditions and operational procedures whenever this is considered appropriate. |
| Prohibition on using our names without our consent |
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You are not permitted to create, publish, distribute or permit the use of any type of publicity material whether written or electronically transmitted which makes reference to our organization without first of all submitting said material to us and receiving our permission. The use of any of ITWG's names and/or symbols and trademarks belonging to ITWG must be approved in writing by ITWG ESPERIA S.p.A. |
| Date of commencement of the Agreement |
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This agreement will come into effect when your application for affiliation is accepted. |
| Termination of the Agreement |
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Either party can terminate this agreement AT ANY TIME by written communication, with or without reason being given. Notice of termination can be given by ordinary mail, e-mail or fax. |
| Amendment of the Agreement |
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We have the discretion to amend the terms and conditions of this contract at any time. Any amendment will be communicated to you by e-mail. Such amendments may include (but are not limited to) changes in the basis of payment of commission, payment procedures and conditions in ITWG's Affiliates Program. Should such an amendment be unacceptable to you, you are entitled to rescind this collaboration agreement. Your continuing to take part in ITWG's Affiliates Program following intimation of the note of amendment will be taken to represent and confirm your acceptance of said amendments.
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What you receive as affiliates
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| Payment of commission due to you |
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You will have the right to receive commission on bookings made in the course of the existence of this agreement.
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You will earn commission if all the following conditions are met: 1. a customer arrives at ITWG through a link (as specified by ITWG ESPERIA S.p.A.) on your site 2. the customer register itself on ITWG site and makes a Hotel Reservation 3. the reservation is processed through the ITWG Reservation System 4. the reservation is confirmed either by the hotel and the customer, and is not rejected, refused, cancelled or deleted. 5. the customer stay at the reserved hotel and pay the confirmed amount |
When the above conditions are met, you are entitled to receive commission according to the following rates:
"Net value" is to be understood as the total value of the booking less VAT or any other dues or tax included in the price, and any other additional expenses or sub-commission due to others (such as agents, distributors or sub-suppliers). Payment will be made monthly by bank transfer or check but only if your accumulated commission is 100 EUROS or more. If your commission amounts to less than 100 Euros, payment will be held back to the following month. If you have not reached the sum of 100 Euros at the end of any year, the balance of what is due to you for the year past will be paid to you on 31 December.If this agreement is rescinded, any commission due at the time of rescinding will be paid at the end of the three-month period relating to said rescission. The customer will be permanently associated with your site and you will be entitled to a commission on all future bookings made on the ITWG site by said customer provided he makes use of the same identification code memorized by ITWG. Since recognizing a customer is done by means of "cookies" which the customer himself can delete from his computer at any time, recognizing one of your users returning to our site on a later visit cannot by guaranteed in any way. (Unless conditions to the contrary are fixed by ITWG within this agreement, ITWG does not guarantee the amount of earnings that may be generated as a result of signing this agreement). |
| Access password for the Affiliate Center |
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You will be assigned an affiliate code and asked to choose a password for accessing the Affiliate Center. By means of the center, you will be able to find your sales statistics, reports on your movements and other information including the images and HTML code which enable you to create links from your website to ITWG's sites. Sales statistics will always be updated daily, or at least once a week.
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| Guarantee of consent for use of copyright material |
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We guarantee to you 1) revocable, non-exclusive, non-transferable right of access to our sites through HTML links (Links, Banners, Hotel Booking Form) exclusively in accordance with the terms of this agreement; and 2) exclusively in relation to these links, the opportunity to use our logos, commercial names, trademarks and similar identifying materials which we make available to you. You are not allowed to alter, modify or change such identifying materials in any way. You are authorized to use said materials only to the extent that you are members of ITWG's Affiliates Program, ITWG having an excellent reputation. You guarantee to us a revocable, non-transferable, non-exclusive right to use your names, titles and logos for advertising, commercial and promotional purposes according to the procedures provided for in the clauses of this Agreement. ITWG ESPERIA S.p.A., however, is under no obligation to publicize, market or promote on your account. Each party reserves all rights in materials exclusively owned by them. Apart from that which is established in this agreement, therefore, each party retains all rights, title and interests in his own operational sphere and no right, title or interest can be transferred to the other party. (Furthermore, each party to the contract agrees not to use the other party's material in any way that would bring discredit on the other party or in present the other party in a negative light in any way whatsoever). |
| Non-assumption of responsibility |
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We do not make any explicit or implicit declaration or guarantee in relation to ITWG. Any implied guarantee of marketability relates to a particular purpose and infringements are expressly disclaimed and denied. We accept no responsibility for interruptions or errors in the running of our site and will not be responsible for any consequences arising from such interruptions or errors.
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Declarations and Guarantees (expressing your awareness) |
You represent and warrant that:
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| Limitations of responsibility |
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ITWG ESPERIA S.p.A. will not be responsible for any indirect, unusual or consequential damage arising from this agreement or from the Program. Furthermore, ITWG ESPERIA S.p.A.'s global responsibility deriving from compliance with the Agreement and Program will not exceed the total relevant amounts paid or payable to the Affiliate in terms of this agreement. ITWG, in relation to the Affiliate Program, makes no guarantee or declaration as regards products sold through the program (including, without limitation, guarantees of suitability, marketability, non-infringement or any other implied guarantee arising in the course of negotiation or commercial use). ITWG ESPERIA S.p.A. does not guarantee that the operation of the site will be uninterrupted or free of error and is not responsible for the consequences due to any such errors or interruptions. |
| Indemnity |
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You agree to indemnify and not act to the detriment of ITWG and its employees, representatives, agents and affiliates, in the case of complaint, legal action or other judicial action raised against ITWG and (1) based on complaints deriving from the fact that our use of material supplied by you or that you show to users was in breach of rights, licenses, trademarks or any other intellectual property belonging to third parties, or (2) arising from your withdrawal from this contract. You will be liable for all and any costs, damages or expenses including (but not limited to) legal costs and costs sustained by ITWG ESPERIA S.p.A. in connection with said complaints, actions or legal proceedings.
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Miscellaneous |
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I ACCEPT THE AGREEMENT
(Go ahead to Application Form) |
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I DO NOT ACCEPT
(Go Back) |
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