2. Your Obligations
Using your site code you will establish links on your site to the Ezibed site. You will be solely responsible for the development, operation and maintenance of your site as well as for all materials appearing on it. Your responsibilities include without limitation all aspects of the technical operation of your site (including the proper formatting of links so as to permit tracking of sales) and ensuring that the content of your site does not violate or infringe the rights of any third party. Ezibed disclaims all liability for these matters and you shall indemnify and hold harmless Ezibed from and against all damages, claims and expenses relating to them.
3. Ezibed Obligations
Ezibed will handle all customer services, including the taking, processing and fulfilment of orders, for customers who follow links from your site to the Ezibed site. Ezibed will be responsible for tracking all sales that come from links on your site. You will receive 50% of the Gross Commission that will include GST for the booking of last minute accommodation during a session that originated from such a link. (No credit will be given for cancelled bookings.) New Zealand affiliate commission payments will be paid directly into the bank account (we will contact you by e-mail for these details) or by cheque for offshore affiliates. Commission payments will be made in the month following the booking date of the guest. A recipient created invoice will be issued for all payments showing the commission earned from each booking.
4. Term of the Agreement
The term of this Agreement will commence upon Ezibed acceptance of your application and will continue until terminated. Subject to clause 5 below, either party may terminate this Agreement at any time by giving at least 30 days written notice, which may be given by e-mail, to the other party.
Ezibed shall have the right at any time to change or modify the terms and conditions of this Agreement or to impose new conditions. Such changes, modifications or additions shall be effective immediately upon notice thereof, which may be given by any means including by posting on the Ezibed site. The absence of notice of termination, which will be effective immediately, by you, will constitute your binding acceptance of the change, modification or addition.
6. Relationship of Parties
You and Ezibed are independent contractors, and nothing in this Agreement shall be deemed to create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You do not have the right to accept any offers on behalf of Ezibed or to act for or bind Ezibed in any manner, and you shall not make any statement, whether or not on your site, to indicate otherwise.
7. Limitation of Liability
In no event will Ezibed be liable for any indirect, special, or consequential damages arising in connection with this Agreement, your role as a Partner or any item sold under this Agreement.
Other than as required by law, Ezibed makes no express or implied warranties or representations with respect to any item sold pursuant to this Agreement or with respect to the operation of the Ezibed site. 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.
You acknowledge that the Ezibed site contains information, data, graphics and other material protected by copyrights and trademarks and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
The laws in force in New Zealand shall govern this agreement and each party hereto submits to the exclusive jurisdiction of the courts of New Zealand. Except as otherwise expressly provided in these terms the provisions thereof shall ensure to the benefit of and be binding upon the successors, assigns, heirs, executors and administrators of the parties hereto. These terms and other documents delivered pursuant hereto constitute the full and entire understanding and agreement between the parties with regard to the subject matter of the same.
11. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. 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.