Affiliate Agreement for Travel AgenciesWould you like to distribute our SnowTrex products in your travel agency? Please read the following agent agreement thoroughly. It is the legal foundation of the partnership between TravelTrex GmbH, Bonner Straße 484-486, 50968 Köln (subsequently referred to as "TT" or "merchant") and the agent, and is binding for both parties. To confirm your agreement, please click onto the link after this passage or at the end of this text. It will automatically lead you to the registration.
The affiliate programme is based on a cookie-tracking system, whereby the SnowTrex cookie is valid for 30 days. After the registration has taken place, partner links can be created for all sub-pages of the SnowTrex homepage. Various layouts are possible, as well as white-label design and individual styles according to the affiliate website. Further, there is a selection of advertising media (banner, logo, etc) to choose from, which enable a quick and easy integration of TT products and services.
Content of Affiliate Agreement
- Foundation of the Agreement
- Obligations of the Agent
- Obligations of the Merchant
- Sales Promotion
- Booking, Confirmation and Payment
- Expiration of Agreement
- Data Protection
- Commission Regulations
- Place of Jurisdiction
- Change of Contract
- Warranty and Liability
- Final Clauses
Foundation of the AgreementThe above named parties have agreed to cooperatively sell holidays, in which the holidays organised by TT and subject to TT-specified conditions, prices, and descriptions, including possible alterations, are sold by the Agent to customers in the name of and for an invoice from TT.
Via specifically designated advertising media the agent is offered products and services in connection with the affiliate programme offered by TT. Further, the affiliate can access some advertising media (logos, banner, graphics, text documents) in the personal section of the affiliate area, as well as an explanation on how to best integrate these items on the agent website. With the contract coming into existence, the agent receives a 4-digit affiliate ID, provided the agent is intending to integrate TT's offers online. With the help of this ID, any advertising media extracted from the affiliate area of the partner programme online is tacked with a tracker (partner cookie), to register when customers have interacted with TT via the affiliate website.The agent receives a performance-based commission, valued on the actual revenue earned on sold products and services, purchased by the customer via a link directly connected to the TT website. Products and services which are not specifically included in the terms of the affiliate programme - e.g. services provided by third party - are excluded from the commission base calculation. The exact commission calculation is according to paragraph 9 of the affiliate contract.
The merchant explicitly explains to be a legal business owner.
Obligations of the AgentThe Agent is obligated to broker the offers and services of TT with the diligence of a prudent businessman. This also applies to all auxiliaries of the Agent. The Agent is particularly obligated:
- to readily and without cost provide prospective customers with all information about the offers and services of TT, and to do one’s utmost best for the active sales of TT’s services;
- to appear to the holiday participant exclusively as an Agent of TT's services, and to clarify that a legally binding confirmation of the holiday booking can occur exclusively by consent of the tour operator;
- not to perform as a sub-agent of a third-party agent, with respect to one TT has denied collaboration;
- to promptly notify TT about cancellation notifications received by the Agent, specifying the date of the cancellation as well as the name of the customer enacting the cancellation;
- to promptly forward complaints raised against TT received by the Agent;
- to employ staff for customer consultation whose professional qualifications fulfil the demands of the booking transaction;
- to refrain from measures that unreasonably interfere with the sales activities of other sales partners of TT;
- to communicate all offers of the tour operator, including the valid prices, terms of transportation, travel conditions and payment conditions, as well as the travel information provided by TT, and to present them in the media intended for this purpose.
- when integrating TT products and merchandise tools online, to only place a TT Cookie, if the client is actually interacting with the TT website, by either clicking on an advertising item on the Agent’s web page or, if the Agent has integrated the TT website directly, performing any type of action on the TT page. In any other case the placing of a Cookie and the therefore resulting claim to commission is prohibited. In case of infringement by the Agency, an administrative fine of € 5,000 is agreed on.
The Agent is at liberty to prove that less financial damage has been caused. The assertion of a higher indemnity claim is subject to the operator.
The agent may not design the own website in such a manner that it may be confused with TT's website, or that the impression arises that the agent website is part of TT. Excluded from this are the those web pages which are made available by TT within the framework of the affiliate agreement. Further, it is not permitted to the agent to use the name SNOWTREX in indexes and search engines (e.g. Google, Yahoo, etc.), or promote online ads with the name as a keyword (also with changed spelling), such as in e.g. Google Adwords. The brand name is a registered trademark. Therefore the brand name SNOWTREX, as well as related misspellings have to be negated in the keyword lists as broad keyword types. In case of infringement a contractual penalty of € 1,500 is agreed on. TT explicitly reserves the right to express further claims. The agent is not permitted to create or accept offers in the name off TT, nor represent TT in any way. Further the agent shall not make believe to third party that (s)he has power of representation for TT. If these obligations are infringed by the agent, TT has the right to claim for full indemnity refund.
Obligations of the MerchantTT enters into all obligations resulting from its capacity as tour operator. This includes qualified customer consultation through TT's call centre. TT releases the Agent of possible requirements arising from the customers towards the Agent, as long as this does not affect the Agent’s liability in his capacity of travel agent or tour operator.
The processing of demands and customer complaints arising from the execution of the holiday is solely the matter of TT. In the case that TT is liable to a payment to the customer on account of poor performance by the Agent, the responding sum will be invoiced to the Agent.
TT is particularly obligated to process the incoming bookings in an orderly and efficient way in the order that they were received. The same applies for complaints received.
Sales PromotionIndependent advertising set up by the affiliate, which presents the merchant's offers, has to be discussed with the merchant prior to publication. When presenting advertisement via electronic media or print, the use or forwarding of TT logos has to be confirmed by TT in writing.
When the affiliate contract is signed, the affiliate gains the non-transferable and at any time redeemable right to use material published on the merchant's website for marketing purposes, by the creation of links to the merchant's website. The affiliate may not alter the merchant's material without the merchant's express written consent.
The advertising media may only be used for purposes of advertising SnowTrex products.
This licence expires with termination of the affiliate contract.
A change in the URL-address of the affiliate website does not alter the affiliate agreement and the rights and obligations of this contract remain unaffected.
TT informs the affiliate about recent news on products and the programme in a regular affiliate newsletter. This news is sent to the e-mail address saved in the affiliate area. The affiliate can revoke the agreement to receive the affiliate newsletter given upon conclusion of the contract at any time.
Booking, Confirmation and Payment
- Bookings are transacted over the website http://www.snowtrex.co.uk/booking.html with the entry of the affiliate number and the subsequent online booking. For those choosing an alternative method of booking, the tracking of the commission cannot be guaranteed.
- The Agent must back up the legal effect of his customers’ bookings and therefore must see to it that the holiday participant is notified of TT’s respective currently valid holiday conditions. The booking must include the name, date of birth and address of the lead passenger, as well as the names and dates of birth of the holiday participants. The entry of the agent's information is not permitted. The holiday contract and the legal effect of the holiday price are only effectual subject to a holiday confirmation from TT to the customer. The Agent, with whom the contract with TT is concluded, is responsible for all bookings that are executed under the corresponding affiliate number. Bookings are always considered as binding. Cancellation charges arise upon the withdrawal of a booking. Fees may arise upon changes to bookings.
Connection for the use of an external CRS (Merlin) requires the written consent of TT.
- The holiday booking must contain the customer’s full name, date of birth, address, e-mail address and telephone number (important, e.g. resort access road due to heavy snow fall), as well as the full names and dates of birth of all further participants. The entry of the agent's information is not permitted. The transfer of booking information by the Agent to a third-party is only permissible with the explicit written consent of TT.
- The payment transactions occur through direct collection: The complete payment transaction occurs exclusively and directly between TT and the customer. The confirmation invoice as well as the travel documents will be sent to the customer directly by TT. Collection by the Agent is possible, but requires advance written agreement.
Expiration of Agreement
- Termination of the contract can be effected by both parties, with 3 months notice to the end of the month. It must be effected in writing.
- Termination without notice can only be effected if
- there is an existing demand for an opening of insolvency proceeding against the CEO or shareholder, or against the agency itself.
- non-approved images and text data is used by the contract partner in connection with the merchant.
- sales information from the merchant is used by the contract partner, on other non-approved platforms.
- Even after the closure of contract, regardless of the reason, the duties for both agent and merchant remain valid, as long as there is still business to conclude.
- With the closure of contract, the contract partner is obliged to remove all info about the merchant and it's brands - also online (e.g. banners, etc) - with immediate effect. Further, the contract partner is not permitted to use the merchant's name in any written document or publication and may not promote it's products. All advertising media, offered to use by the merchant, has to be returned immediately, or latest with the conclusion of open business.
Non-disclosureAs both parties have given the other certain access to business information within the framework of the collaboration, both parties are obligated to deal with all information (verbally as well as in written form), such as business plans, products, services, development, finances, research and other business aspects, including analyses and evaluations with the utmost confidence.
This especially applies to the amount of agreed commission.This does not apply to general information or easily accessible sources, which also can be accessed by others. The non-disclosure agreement also applies to the period after the termination of the contract.
Data ProtectionThe contractual parties undertake to treat the customer data made available to them within the frame and for the purposes of this contract, strictly in accordance with the relevant legal data protection regulations, in particular the Federal Data Protection Act. The data may only be used in legal accordance for advertising purposes, may not be forwarded to third party and shall not be made accessible after termination of the contract.
- Payment Mode
The Agent receives a commission in the sum of 7% for the sales of services of TT. The claim to commission begins with the day of the holiday begin. Settlement and payment occur monthly.
All costs, expenses, and claims accrued by the Agent in connection with the sales of TT products are completely satisfied with the payment of the commission.
- Calculation Basis
The calculation basis for the commission is sales in the currency “euro“, converted with the merchant’s fixed currency rate on the day of the booking. The complete sales are taken into account for the commission including all booked extras. Collected cancellation costs as well as additional bookings and booking alterations will be taken into account for the calculation of the commission. The Affiliate Programme is based on cookie-tracking. The SnowTrex cookie with the respective agency number is valid for 30 days. Affiliate sales will be tracked based on this system.
As the merchant themselves receives a very small to no commission for the purchase of lift passes (e.g. Ischgl), lift passes generally will not be taken into account for the commission. No commission will be paid on additional charges or taxes (e.g. keycard fee, tourist tax, credit card fee), nor for flights, as the merchant passes the prices of the flights on to the customer without mark-ups.
There is no right to commission if the customer does not, or only partly, comply with their duty of payment. Commission is calculated according to the actual payments made by the customer.
If the booked holiday cannot be performed due to an act of God (force majeure) or due to not having reached the minimum number of participants, no commission claims arise for the affiliate. If only a part of the holiday has to be cancelled, the commission will be accorded to the proportionate holiday price.
- Additional Commission on the Subsequent Extras
Additional services (extras) such as a coach journey, equipment hire and lessons are a significant component of TT’s product. Due to technical reasons (IBE/CRS, for example, can not feature these) or due to lack of knowledge, many customers do not (cannot) book these; TT reserves the right to inform customers about the numerous advantages of these extras subsequent to the booking. This service is free for agencies, and the agency benefits from the sales produced by this. Customer protection remains unaffected.
- Payment Mode
Place of JurisdictionThe contract underlies German law. In case of disagreements resulting from the contract the place of jurisdiction is agreed to be Cologne.
Change of ContractTT has the right to change any regulations and descriptions within this contract at any time. The agency will be informed about the changes via e-mail. If no cancellation of the agreement follows within a week of receiving the above mentioned e-mail, the changes are assumed to be accepted.
Warranty and LiabilityTT confirms that the website is operated with the most up-to-date technical possibilities available to the company. Liability is excluded.In addition, the liability of legal transaction representatives and vicarious agents of TT is limited to intent and gross negligence. In case of contractual indemnification obligations by TT, liability for financial loss is calculated to the foreseeable damage, but is limited to the amount of commission payment of the previous month.
Final ClausesIf one of the contractual clauses is or becomes ineffective, both contractual parties will endeavour to find a regulation which comes close to the economic purpose of the ineffective agreement. The other regulations of this contract remain unaffected. There are no verbal side agreements. Changes to this contract must be in written form. This is also valid for the change of requirement of written form itself.
Bonner Str. 484-486
50968 KÖLN (GERMANY)
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