Affiliate Agreement
Terms and Conditions of affiliate program
The Contracting Parties
This Agreement is between the travel agency Rural Koncept Ltd, located at Selo 132b, Premantura. HR-52100 Pula (hereinafter: Agency) and the owner of the website that has completed the affiliate application (hereinafter referred to as affiliate partner).
Article 1 - The subject of the agreement and the relationship of the parties
By filling out the online form, the affiliate partner fully accepts the terms of this agreement. The agreement defines the conditions of participation, as well as the rights and obligations of participants in the affiliate program. Pursuant to this agreement, the Agency gives to the affiliate partner non-exclusive right to advertise tourism products in a database owned by the Agency.
The parties of the agreement are independent. This agreement does not represent agency B2B collaboration and the affiliate partner is not entitled to present services of the Agency that are not defined by this contract. The Agency reserves all rights associated with the company name, trademark, logo, text and other graphic elements, and intellectual property rights.
Article 2 - Participation in the affiliate program
Right to participate has any legal or private person who has her own web site. Becoming an affiliate partner is by receiving the unique link (hereinafter called: affiliate URL). To get an affiliate URL, it is necessary to complete the application form online, after which the affiliate partner receives affiliate URL assigned by email, together with the access data of the user of the affiliate program, where affiliate partner has insight into the number of sent queries and reservations generated through its URL.
The affiliate partner redirects visitors to its website through the assigned affiliate URL.
In the case of gross violation of the provisions of this Agreement, the Agency reserves the right to deny the right to participate in its affiliate program to affiliate partner at any time, by deactivating of its affiliate URL, without the notice period and payment of fees. The Agency reserves the right to refuse cooperation on the affiliate sites whose content is not compliant with operating of the Agency (pornography, violence, discrimination, illegal activities, etc.).
Article 3 - Forms of cooperation
Affiliate partners can use one or both of these forms (hereinafter referred to as affiliate forms)to participate in an affiliate program:
AFFILIATE FRAME
AFFILIATE LINK
Affliate frame, that is, iFrame involves advertising travel deals from www.rural-koncept.hr within a frame that can be embedded into any web page where is 535px wide space provided.
Affiliate link means connecting pages through link that can be inserted into the text, graphics or web service. Affiliate URL is assigned to affiliate partner when fulfilling online application, and is used to redirect traffic to the home page www.rural-koncept.hr.
If affiliate partner wants to use both forms of cooperation, he must always use the same affiliate URL for correctly recorded total turnover.
Article 4 - Records of transactions, the amount of fees and commission payments dynamics
By filling out the online form affiliate partner gets a username and password to access the affiliate account of the Agency's website. Within his account, the affiliate partner has a complete insight into the number of visitors, realized reservation, the total turnover and affiliate payout records. The commission is paid by realized reservation in the form of a fixed amount depending on the value of the basic service (without extra charges and taxes). VAT is included in the commission.
Percentage of commission is determined by the turnover within one accounting year, which begins on the date of fulfillment of online application and lasts for 12 months. Commission is calculated according to the following principle:
Yearly turnover in € Commission (%)
10,000.00 4
10001.00 to 30000.00 5
more than 30001.00 6
The Agency shall pay commission to the affiliate partner's request at any time, provided that the fee was greater than the cost of money transfer. The costs of money transfers shall be paid by the recipient. If during the financial year affiliate partner does not ask for payment, the agency will voluntarily pay the accrued fees at the end of financial year, regardless of its amount.
If the affiliate partner is a legal person, he shall issue an invoice on the basis that the Agency will pay a commission. The invoice shall contain the following information: invoice number, account number, company name, the stamp and signature.
If the affiliate partner of a private person, he and the Agency will enter into a contract of service, where the commission represents a gross profit of the affiliate partner. Affiliate partner will be paid the net amount, ie, the amount after the settlement of legal obligations to the state.
Any complaint on the amount paid to the affiliate partner he is obliged to submit in writing within eight (8) days from the payment of the commission. Complaints made afterwards will not be taken into account.
Article 5 - Limits of Liability
Affiliate partner has no liability in respect of a guest who has reserved a particular service offered within a frame or from www.rural-koncept.hr. The Agency undertakes actions to complete guest services and to provide him a full service, which includes: responding to inquiries from potential clients, making preliminary accounts and invoices, control of payments, the reservation and sending the voucher, the cancellation, the resolution of any complaint, admission and provision of all necessary assistance on the spot.
The affiliate partner has also no responsibility regarding the accuracy of information (price, description, pictures, availability) published within the frame or on-site www.rural koncept.hr.
If the client for any reason does not respect the business standards of the Agency, the Agency reserves the right not to comply with this client and to refuse to provide services from its program.
The Agency is not responsible for indirect damages related to non-provision, if it turns out that this has occurred because of improper handling of affiliate tools or due to deleting cookies from visitors.
The Agency is not liable for damage caused by server errors, power failures, weather conditions and cases of "force majeure".
Affiliate Partner shall store his own unique affiliate password and shall not transmit it to third parties. In the case of abuse, the affiliate partner is responsible for damage caused by not keeping his unique affiliate password.
Article 6 - Miscellaneous
All provisions of this Agreement shall enter into force by filling online application form and confirming the same. Any changes to the contract shall enter into force on their publication on the Agency's web site, and the information about changes the affiliate partner gets regularly by checking the Agency's website.
The contract is concluded for an indefinite period of time, and may be, without prior explanation, terminated in writing by any of the parties involved. Within the notice period of one month it is necessary to pay all obligations incurred during the contract period.
Immediately after the cessation of cooperation, the affiliate partner is required to remove all material of the Agency from his websites.
Article 7 - Jurisdiction of Court
The Parties are obliged to resolve possible disputes and misunderstandings resulting from this contract by mutual agreement. Otherwise, municipal court has jurisdiction in Pula, and the applicable law is Croatian.
