affiliate program terms
1. Term and Enrolment
1.1. You will be enrolled as an affiliate in the Programme once you have completed and we have accepted the Affiliate Application Form found on our gosimply.com website (the "Site").
1.2. You will be notified of our acceptance of your application when you receive a confirmatory e-mail.
1.3. The Term of this Agreement shall commence from our acceptance and will continue in perpetuity unless the Agreement is terminated in accordance with these terms.
2. Our rights and obligations
2.1. We shall use reasonable endeavours to design, develop and maintain the Site, and to provide you with a choice of links which you have licence to use in order to link to the Site. You can choose as many of these links as you want (the "Links").
2.2. For the avoidance of doubt (and without prejudice to any other rights) we shall have the right to reject your application to become an affiliate in the Programme at our absolute discretion, for whatever reason, without explanation to you.
2.3. The customer details of all customers that use the Site belong exclusively to us. You agree that you have absolutely no claim on that data.
2.4. We shall use reasonable endeavours to maintain the Site's online availability and server uptime however you agree that the Site cannot be held responsible for those 3rd Party sites used by our comparison service.
3. Your rights and obligations
3.1. You shall place the Links from your site to the Site (which shall be at least as prominent as links to any other channels and/or web site contained on your site).
3.2. You represent, warrant and undertake that:
- 3.2.1. you will not cause or permit anything to be done which may infringe, damage or endanger any of our, or any third party's, rights (including intellectual property rights) of whatever nature in any jurisdiction;
- 3.2.2. You have the power and authority to enter into and perform all of your obligations and to grant all of the rights purported to be granted under this Agreement;
- 3.2.3. Your site shall be free from all viruses, worms, trojan horses, cancelbots and other contaminants including but not limited to any codes or instructions that may be or will be used to access, modify, delete or damage any data files or other computer programs used by us or any third party; and
- 3.2.4. that you will provide us with a full indemnity from any losses (of whatever nature) suffered by us as a result of any third party claims against us as a result of a breach by you of any of the terms of this Agreement.
4. Intellectual Property Rights
All intellectual property rights and goodwill in or relating to the Site and its content (the "Site
Intellectual Property") is owned by us or our licensors and you acknowledge and agree that you have no
rights in the Site Intellectual Property. On termination you shall remove all material relating to this affiliate program from your site
immediately.
5. Fees and Revenue
5.1. We shall pay you a commission at the commission rates specified in the agreement
5.2. A qualifying customer is any customer that accesses the Site through a Link on your site that contains our tracking ID and makes a purchase from the Site.
5.3. A booking is a single transaction through the gosimply.com site.
5.4. You will be paid monthly. If any commission payable is less than £50 for any month we will hold those payments until the total amount due is at least £50 or (if earlier) this Agreement is terminated. Payment will be received only after the customer has stayed at the car park. Payments are not received for cancelled bookings.
6. Confidential Information and data
You agree to keep our confidential information confidential and not to disclose it to any 3rd party without our prior written consent, however nothing in this paragraph will affect your ability to deal with information of which you are independently aware or which (unless caused by your breach) is in the public domain or which you are required by law to disclose.
7. Termination
Each party shall be entitled to terminate the Agreement immediately upon written notice to the other. This Agreement will terminate automatically if either party becomes insolvent, commits and act of insolvency or becomes unable to pay its debts. Upon termination you will immediately remove all material relating to this affiliate program from your site immediately.
8. Force Majeure
We shall not be liable for any delay in performing or for failure to perform any obligations under the Agreement to the extent that the failure is caused by an event outside our reasonable control.
9. Variation of this Agreement
It shall be a condition of your acceptance of this Agreement that you agree that gosimply.com, a trading style of Simply Extras Ltd reserves the right to vary the terms herein upon written notice to you. Upon receipt of that notice you shall have the ability to terminate our Agreement in accordance with these terms or to accept. If you do not respond beyond seven (7) days from your receipt of that notice you shall be deemed to have accepted those new terms. For the avoidance of doubt such variation may include the commission rates indicated in clause 5 above. This shall not effect either parties right to terminate this Agreement in accordance with clause 7 above.
10. Miscellaneous
10.1. The Agreement constitutes the entire agreement between the parties with respect to its subject matter.
10.2. We may make any modification to this Agreement upon notification to you by either e-mail or notification of change on the Site. Your continued participation in the Programme will constitute acceptance of that change.
10.3. You may not without our prior written approval assign, transfer, license or deal with any of our rights under the Agreement or sub-contract any of our obligations. We are free to assign or licence the benefit of this Agreement.
10.4. Nothing in this Agreement will be deemed to create a partnership or joint venture between the parties.
10.5. No failure or delay by any party in exercising its rights under this Agreement will operate as a waiver of that right nor will any single or partial exercise by either party of any right preclude any further exercise of any other right.
10.6. In the event that any provision of this Agreement is held to be invalid, illegal or unenforceable by a court with jurisdiction over this Agreement, (i) if the laws of the relevant jurisdiction permit the same, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties (or, if such laws do not permit the same, the wording which causes such invalidity, illegality or unenforceability shall be deemed to be deleted from this Agreement), and (ii) the remaining terms, provisions, covenants and restrictions of this Agreement will remain in full force and effect.
10.7. We agree that the provisions of this Agreement are personal to us and are not intended to confer any rights on any other third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement or to any provision of the terms.
10.8. The Agreement shall be governed and interpreted in accordance with the laws of England and Wales and the parties submit to the non - exclusive or exclusive jurisdiction of the English courts (the decision as to which at our absolute discretion) although if you are a English based affiliate we both agree to submit to the exclusive jurisdiction of the English courts.