This agreement is made between CV. Fruktowati (Indonesia) represented by its director I Kadek Gunawan (thereafter referred to as the “Company”) and the Partner in provision of services to attract customers (“Contract” thereafter).
The person or company who accepts the Agreement is considered to be a Partner who has entered into a contractual relationship with the Company on the conditions set out below.
The fact of registration on the Company's affiliate program website (partners.mybalitrips.com) is recognised as the consent of the Partner to enter into a partnership agreement with the Company under the terms of this offer.
1.THE SUBJECT MATTER OF THE AGREEMENT
1.1.The Company entrusts the Partner to attract clients on the Partner’s behalf, so that the clients use the Company's web-services and acquire Travel Services.
1.2.Attracting customers can be done through:
• posting hypertext links or other materials provided by the Company on the Partner’s web-resources;
• legal distribution of emails containing links;
• other ways of customer attraction agreed on individual basis.
1.3. When the Partner performs actions specified in paragraph 1.1. that resulted in acquisition of Tourist Services by the Users that were attracted by the Partner, the Company pays the Partner a reward at the rates outlined in the Partner’s account in the Company's affiliate program.
1.4. Upon additional agreements between the Company and the Partner, actions may be taken that are aimed at attracting users to third-party websites and rewards may be paid for purchasing advertisers' services, etc.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The company must:
2.1.1. Ensure the good working order of the travel services search system installed on the Company's websites (mybalitrips.com) and inform the Partner about any possible changes in the system’s operation.
2.1.2. Register the Partner as a partner on the Company's affiliate program website and assign them an individual identification code.
2.1.3. Organise accounting of customer transfers from the Partner’s websites to the Company's website, as well as to monitor the actual purchases of services made by customers as a result of such transfers.
2.1.4. Pay partnership rewards in the manner and amount established in section 3 of this Agreement.
2.1.5. Give advice on how the tourist services search system operates, which is necessary for the Partner to perform his duties. Consultations are given by email (email@example.com) and in the support system from 09-00 to 18-00 (GMT +3) on working days.
2.1.6. Require the Partner to stop any actions that mislead the user regarding the nature of the Company's website and its properties.
2.1.7. Refuse to execute the contract and pay rewards due to the Partner in case of violation of clauses 2.2.6. - 2.2.12. of this agreement.
2.2. A Partner must:
2.2.1. Attract the audience of its own web-resources to use web-services in ways specified in paragraph 1.2. of this agreement.
2.2.2. When performing the actions specified in paragraph 2.2.1, put the identification code assigned to the Partner in the HTML code of web-resources. In case of non-fulfillment of the specified rule, accounting under clause 2.1.3 is not carried out and Partner reward is not paid.
2.2.3. Encourage the Partner’s website visitors to use the Company's tourist service search engine by all available means.
2.2.4. Immediately inform the Company about all cases of failures, inaccuracies and errors in the operation of the search engine and booking of travel services.
2.2.5. At Company’s request, provide a report on ongoing activities to promote the search service and booking of travel services.
2.2.6. Not send emails and other messages to Internet users without their explicit consent.
2.2.7. Not put links to the Company’s website on non-affiliate sites and other promotional materials without the consent of the owners of these websites.
2.2.8. Not create a parasitic load on the Company's website. The parasitic load is understood as transfers to the Principal’s website, done not for the purpose of searching for personal travel services, but with the goal of artificially overestimating the Partner’s indicators or reducing the productivity of the Company’s website.
2.2.9. Not use domains with names that are consonant with the names of the Company's websites for promotion of the Company’s services.
2.2.10. Not use the trademark, logo, brand and/or domain name of the Company for advertising campaigns in contextual advertising systems. In the framework of this contract, under brand one should understand any spelling of the trademark MyBaliTrips, including transliteration in Slavic languages (“майбалитрипс” and other consonant spellings).
2.2.11. Refrain from committing acts prohibited by law, as well as any actions that may result in harm to the Company's business reputation and/or involve the Company in legal proceedings, the subject of which including, but not limited to, are disputes over rights to results of intellectual activity and/or means of individualisation, disputes with consumers, disputes with governmental bodies regarding the taxation of the Partner, as well as the need for the Partner to obtain permission to operate the business.
3. PARTNER REWARDS. PAYMENTS UNDER THE CONTRACT
3.1. The Partner’s rewards for attracting customers are paid by the Company for genuinely booked and redeemed travel services bought on the Company's websites, which came about as results of transitions from the Partner’s websites to the Company's website.
3.2. To calculate the agent's rewards, all referrals made to the Company's websites are accepted via links containing the identification code assigned to the Partner. Sales of travel services made from personal computers or mobile devices of users within 90 days from the moment of the first client’s transition to the Company's website are taken into account. Customer accounting is based on cookies set in users' browsers.
3.3. The Company provides the Partner with real-time information about the income received by the Company from transfers from the Partner’s websites in the Partner’s personal account on the Company’s website.
3.4. The Partner’s reward for the previous month is paid monthly from the 15th to the 20th of the current month by transferring money to the Partner’s payment details specified in the personal account.
3.5. If the amount of partnership reward for the reporting month is less than the minimum (equivalent to US $30), the Company has the right to make payment only when the accumulated amount of partnership reward exceeds the minimum payment amount, but at least annually on the last calendar day of the year.
4. SPECIAL TERMS
4.1. Certification of the Partner’s will through the use of a unique login and password to access the Partner’s personal account on the Company’s website is treated as an analog of a handwritten signature of the person authorised to enter into and execute the contract on behalf of the Partner, through which certain legally significant actions can be performed as part of the Agreement’s execution.
4.2. At the request of the Company, the Partner is obliged to sign and send to his address the text of the documents mediating the execution of this contract, on paper, within 5 working days.
4.3. The Partner undertakes to notify the Company in a timely manner about any changes to the Partner’s details.
4.4. Upon detection of the fact that the Partner provided inaccurate information during the registration process or during the execution of the Agreement, the Company has the right to request the provision of appropriate documents certifying information about the Partner and/or refuse to comply to the Agreement without paying the Partner reward.
4.5. The partner cannot sell the Company's services at the price lower than the recommended retail price, indicated on the official website of the Company (mybalitrips.com), without prior agreement with the representative of the Company. In case of non-fulfillment of this condition, the Company has the right to refuse to provide services to the Partner unilaterally.
5. THE CIRCUMSTANCES OF FORCE MAJEURE
5.1. The parties are exempt from liability for non-performance or improper performance under the contract, if it resulted from force majeure circumstances, and if these circumstances directly affected the fulfillment of obligations under this Agreement, the time period for fulfilling obligations under the contract is postponed in proportion to the duration of the force majeure circumstances.
5.2. The party for which the impossibility of performance of obligations under the contract has been created is obliged to notify the other party about the occurrence of such circumstances in writing within three working days from the date of their occurrence.
6. SETTLEMENT OF DISPUTES
6.1. All disputes under this Agreement are resolved by way of negotiation.
7. TERM OF CONTRACT
7.1. The present contract comes into force from the moment of its acceptance by the Partner and is valid for 1 calendar year from the date of acceptance. The contract is automatically renewed for each subsequent calendar year, unless one of the parties expresses intention to terminate the contract no later than 30 days prior to expiration date.
7.2. The Company has the right to withdraw from this Agreement at any time without prior notice to the Partner, paying the latter the reward due by the time of withdrawal.
8. FINAL PROVISIONS
8.1. None of the parties of this Agreement may in any way transfer their rights and obligations under this Agreement to third parties without obtaining prior written consent of the other party.
8.2. The Company has the right to unilaterally change the terms of the contract.
8.3. The correspondence between parties, as well as the exchange of information and notifications, is carried out by email to firstname.lastname@example.org