Ezibed.com Affiliate Terms and Conditions

Operating Agreement

This Agreement sets forth the complete terms and conditions that apply to participation in the Ezibed Affiliate Partner program. As used in this Agreement, "Ezibed" means Cornerstone Investments Ltd trading as Ezibed.com and "you" means the applicant. "Ezibed Site" means http://www.ezibed.com, the Ezibed site on the World Wide Web, and "your site" refers to the World Wide Web site that you will link to the Ezibed site.

1. Becoming a Partner

To become an Affiliate Partner, you must register with Ezibed by completing the online registration form at http://www.ezibed.com/idevaffiliate/signup.php. Your submission of the application constitutes your agreement that you have read and agreed to all of the terms and conditions contained in this Agreement. When Ezibed.com accepts you as an Affiliate Partner, it will be possible for you to place links, banners or buttons on your site that Ezibed.com can track for you to generate sales.

We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Affiliate Partner program. Unsuitable sites include those that:

1. promote sexually explicit materials
2. promote violence
3. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
4. promote illegal activities
5. otherwise violate intellectual property rights

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.

5. Modification

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.

8. Disclaimers

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.

9. Content

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.

10. Miscellaneous

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.