Crewise.com : User area

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Affiliate Terms & Conditions CREWISE AFFILIATE AGREEMENT Agreement Terms & Conditions This Agreement contains the complete terms and conditions that apply to an individual's and/or entity's participation in the CREWISE Affiliate Program (hereafter known as the "Program"). Expressions used in this Agreement such as "we" (and “us” and “our”) refers to CREWISE a UK Limited Company and "you" refers to the applicant. "Site" refers to a World Wide Web site and, depending on the context, refers either to the CREWISE site ("our site" or to the site that you will link to CREWISE ("your site"). “Products” refers to physical products, Membership Fees or Event Fees offered by CREWISE. 1. Affiliate Acceptance You will need to submit a complete Program application via our site and by so doing, agree that all information in your application is true and accurate and understand and accept that any false information will result in the termination of your application. We will evaluate your application in good faith and will notify you, by email, of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your suite is unsuitable for the Program. If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this Agreement. If your application is terminated for this or any other reason after it has been accepted, you automatically and immediately forfeit all commissions earned that have yet to be paid to you from the time of termination or decline. 2. Linking To Our Site You must use the link or links provided to you by CREWISE and no substitutions or alterations are permitted. You are responsible for ensuring that the link is correct and error free. Any errors resulting in the "loss" of potential commissions are your sole responsibility and you will not be compensated for them by CREWISE in any form. 3. Listingand Membership Fee Payments We will process the payment of Listing Fees and/or Membership Fees paid by customers who follow the program specified direct links from your site to our site. We reserve the right to reject orders that do not comply with any requirements that we may establish periodically. These requirements will be made known to you as they are established and full compliance is expected and required. We will be responsible for publishing the listings through our online directories and membership subscriptions. Among other things, we will reserve customer places, process payments, cancellations, and refunds, and handle customer service. We will track sales made to customers who pay for listings and/or membership fees using special links from your site to our site. We will provide you with access to online tracking and reporting tools to measure and monitor referrals and activity generated from your site to ours as well as commissions earned. To ensure accurate tracking, reporting, and fee accrual, you must ensure that the special links between your site and our site are properly formatted. 4. Commissions We will pay you referral fees (commission) on Listing fees or Membership Fees that are tracked by our bespoke Affiliate Tracker software. We reserve the right to reject commission on Listing Fees or Membership Fees that are not paid for or where a cancellation, refund or charge back is made. For a Listing Fee or Membership Fee to generate commission, the customer must follow the provided link from your site to our site and subsequently purchase on our site. Listing Fees and Membership Fee payments are tracked online. All customers paying Listing or Membership Fees for the first time via telephone are asked how they found our site. Commission will be awarded to you if they identify your website as the only source. The Program is intended for commercial use only, and we reserve the right, at our sole discretion, to exclude purchase of Listing Fees or Membership Fees through the Program for your own use, although we generally will approve such purchases at our discretion. Such purchases may result (at our sole discretion) in the withholding of referral fees or the termination of this agreement. Listing Fees and Membership Fees that are entitled to earn referral fees under the rules set forth above are hereinafter referred to as "Qualifying Fees." Commission payments will be made on presentation of invoice. Payment will include VAT where applicable and less any discounts if applicable. We may withhold payment until the purchase is paid for by the customer and no refunds or charge-backs are made. 5. Commission Schedule You will earn referral fees based on the number of paid listings and/or memberships (as defined above), according to fee schedules to be established by us. Any discount issued to a customer for any reason (as determined and issued solely by us) will be deducted from the commission due and will, therefore be reflected in your referral fees. 6. Commission Payment We will pay you referral fees on a monthly basis insofar as the fees meet our minimum payment criteria. Approximately 30 days following the end of each month, we will send you a cheque for the referral fees earned on Listings and Membership Fees that were sold during the previous month upon receipt of an invoice sent by you, not including any chargebacks made by the customers prior to the end of the period or for any invalid or fraudulent credit or debit cards. If a Listing or Membership Fee that generated a referral fee is returned, rejected or not authorised by the customer after payment has been made to you, we will deduct the corresponding fee from your next payment. If there is no subsequent payment, we will send you a bill for the fee. You are solely responsible for the payment of any taxes acquired on fees that are paid to you. VAT (if applicable) is added to any payments made by us). 7. Policies and Pricing Customers who purchase services and products through this Program will be deemed to be customers of CREWISE Limited. Accordingly, all CREWISE rules, policies, and operating procedures concerning customer service, customer orders, event management and customer membership, will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Listing and Membership Fees may vary from time to time. 8. Limited License We grant you a non-exclusive, fully revocable right to use the CREWISE name and product name as we (at out discretion) grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating product sales. You may not modify the link, the product description, or any of our images in any way. We reserve all of our rights to the link, the product description, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow our Trademark Guidelines, as those may change from time to time. We may revoke your license at any time by way of an email generated notice. 9. Responsibility for Your Site You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. You will be specifically and solely responsible for, but not limited to, the following: The technical operation of your site and all related equipment, creating and posting of an event, product or service description on your site and linking that description to our site, the accuracy and appropriateness of descriptions posted on your site (including, but not limited to, all service and product-related materials), ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, but not limited to, copyrights, trademarks, privacy rights, or other personal or proprietary rights), and ensuring that materials posted on your site are not libellous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnity and hold us harmless from all claims, damages, and expenses (including, but not limited to, attorneys' fees) relating to the development, operation, maintenance, and contents of your site. 10. Unsolicited Email It is against your affiliate agreement to promote the "CREWISE" URL via unsolicited email (UCE). Recipients may believe that your "spam" email originates from CREWISE, thereby damaging our reputation and causing us administrative problems. Please DO NOT send unsolicited email to promote CREWISE or you will be in violation of your affiliate's operating agreement and your account will be terminated, forfeiting all outstanding referral fees. 11. Period of Agreement The terms of this agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this agreement at any time, with or without cause, by giving the other party notice of termination generated by email. You are only eligible to earn referral fees on sales of Qualifying Products occurring during the term, and fees earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for a reasonable time (as determined by us) to ensure that the correct amount is paid. 12. Modification Of Agreement We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by posting a notice of change(s) or a new agreement on our site. IF YOU FIND ANY PORTION OF THIS AGREEMENT TO BE UNACCEPTABLE TO YOU AT ANY TIME, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL BE CONSIDERED TO BE BINDING ACCEPTANCE OF THE CHANGE. YOU WILL BE EXPECTED AND REQUIRED TO ABIDE BY ALL TERMS AND CONDITIONS AS THEY ARE WRITTEN AND APPEAR AT THAT TIME. 13. Relationship Of Parties You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf, as we will have no authority to make or accept any offers or representations on your behalf. You will not make any statement, whether on your site or otherwise, that would be contradictory to anything in this section in any way, shape or form. 14. Limitation of Liability We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this agreement or the Program. This will remain true regardless of if we have been advised of the possibility of such damages. If you feel any damages may occur as a result of this agreement of the Program, it is your responsibility to either terminate the agreement or not enter into it. Further, our aggregate liability arising with respect to this agreement and the Program will not exceed the total referral fees paid or payable to you under this agreement in accordance with the terms and conditions previously outlined for payment of referral fees. 15. Disclaimers We make no express or implied warranties or representations with respect to the Program or any product sold through the Program (including, but not limited to, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or license usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors in any way shape or form. We will make every effort to inform you in advance of any known and planned interruptions of our site operations. However, these cannot and will not be guaranteed by us; they will be issued as a courtesy to you to allow you to take the appropriate steps to avoid any problems. Sales that were attempted but failed during periods of interruption (announced or otherwise) will not be compensated for by us. 16. Independent Investigation YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL TERMS AND CONDITIONS CONTAINED HEREIN. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO AND/OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT TO BASE YOUR DECISION TO PARTICIPATE ON. THE SUBMITTAL OF YOUR APPLICATION TO US SIGINIFIES THAT YOU HAVE READ AND AGREE TO THIS AGREEMENT AND ARE BOUND TO ALL TERMS AND CONDITIONS CONTAINED WITHIN IT FROM THAT POINT TO THE POINT OF TERMINATION BY EITHER PARTY. 17. Miscellaneous This Agreement will be governed by The Laws of England and Wales and you irrevocably consent to the jurisdiction of said courts. You may not assign this agreement, by operation of law or otherwise, without our prior written explicit consent. Subject to that restriction, this agreement will be binding on, insure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this agreement. SCHEDULE A Commission / Fees £5.00 for each new Accommodation Listing paid and not cancelled or charged back. £15.00 for each Business Partner membership Fee paid and not cancelled or charged back during the validity of the cookie. Minimum Payment Criteria Payments will only be made at the month end calculation when the sum due is equal to or in excess of £50. Currencies Affiliate Fees will be paid in UK Sterling. Payments Payments will be paid by company cheque on receipt of invoice. Privacy Policy: DATA PROTECTION POLICY Privacy Statement CREWISE Limited respects the privacy and security of its Affiliates and members and adheres to the provisions of the UK Data Protection Act. It is for this reason we present our Data Protection Policy clearly in front of our member registration form. CREWISE considers it important that our Affiliates, members and visitors fully understand their rights, privileges and obligations and therefore we ask you to please read the following Data Protection Policy, as well as our Terms & Conditions before completing your form. CREWISE Limited is registered with the UK Office of Data Protection Registrar (registration no. Z4813174). 1. Information Collection When you browse our website, you do so anonymously. We don't collect personal information, including your email address. We do log your IP address (the Internet address of your computer) to give us an idea of which parts of our website you visit and how long you spend there. But we do not link your IP address to anything personally identifiable. The only other information automatically provided to us is the type of computer and operating system you are using. Your browser supplies us with this information. Like many other commercial websites, the CREWISE website may use a standard technology called a "cookie" to collect information about how visitors to CREWISE use our site. This cookie information is intended to determine repeat visit statistics and affiliate rewards. This information is not shared or otherwise used. We may also use your information to adapt the Website to your individual requirements so that it offers the most appropriate and effective level and range of services for our affiliates and members. 2. Information Use When you register with CREWISE will use the information you provide so that we can maintain communication with you in connection with the CREWISE Affiliate program. Such communication may be by email, phone, fax or mail. WE WILL NOT PASS AFFILIATE PARTNER DETAILS ONTO THIRD PARTIES. CREWISE has a firm ANTI-SPAM or unsolicited email policy and will not encourage such practices. 3. Opting Out We may periodically send you updates or newsletters on the CREWISE Affiliate Program which most of our Affiliates appreciate and welcome. We recognize the importance of providing you with choices. At any time, you may request to discontinue mailings from us by simply replying to the email and informing us of your preferences. With the exception of support case correspondence, which is customer initiated, all of our email messages clearly explain how you can easily opt out and stop receiving such messages from us. 4. Data Security CREWISE is fully committed to data security. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place electronic and managerial procedures to safeguard and secure the information you provide to us online. 5. Company Commitment to Privacy CREWISE strongly believes in respecting your privacy. However, we also reserve the right to change our privacy policy in order to adapt to new situations. Our commitment is to inform Affiliates and members how we intend to use any information we request before it is collected (so you can opt in), and to respect your wishes to opt out. The CREWISE website contains links to other websites and is not responsible for privacy practices of those websites. CREWISE encourages users to learn about the privacy practices of those websites. In submitting this form, you agree: 1. to have read, understood and accept the Terms & Conditions above. 2. to have read, understood and accept the Privacy policy above, and 3. all information provided by you in the form is true to the best of your knowledge.