Agreement Definitions
This Agreement contains the complete terms and conditions applying to your participation
in the Budapest Hotel Info Affiliate Partner Program (the "Program"). As used in this
agreement, "we" means Budapest Hotel Info and "you" or "affiliate" means the applicant,
and "our" and "your" shall be construed accordingly.
"Site" means a website featured on the world wide web and depending upon the context
can refer to the applicant site, Budapest Hotel Info site or a third party site.
Please read this agreement in full. By clicking "I/We Accept" at the end of this agreement,
you have agreed to be bound by the terms and conditions as represented below.
Enrolment in the Program
To begin the enrolment process, you should complete the online Registration Form on our
site. We will get back to you by e-mail with your unique affiliate ID and details of how
to begin earning revenue from your Web site. We reserve the right to disable the affiliate
program and to stop the commission registration at any time if the content of the site is
unsuitable. We will communicate this decision to you, and you the affiliate will remove
all links and references to Budapest Hotel Info websites within 10 working days.
Unsuitable sites include those which:
- Promote sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability,
sexual orientation, or age
- Promote illegal activities
- Violate intellectual property rights
Links, Promotion, and Graphics
Upon acceptance into our Affiliate Partner Program we will provide you with all the
relevant information in order to place your link/s to the correct area of
Budapest Hotel Info site. Links may take the form of text hyperlinks
Budapest Hotel Info logo, or banner.
All graphics for logo, or banner will be provided by Budapest Hotel Info and you will
have no rights to modify, customise or alter them in any manner. Any text links must not
contain defamatory, misleading, libelous, obscene or otherwise damaging comments concerning
the reputation of Budapest Hotel Info.
You will be given a personal link identification code as part of your membership to the
Affiliate Partner Program and you will only earn commission on links using the correct
identification code.
To ensure more successful results from your Affiliate Membership we would recommend that
you display links or graphics on prominent pages within your site.
Referral Fees & Payment
We pay commission for each reservation made by a person following the link from your site
to Budapest Hotel Info. A "reservation" means that the accommodation has been reserved
and paid for in full. No fees will be payable if visitors brought to Budapest Hotel Info
from the link on your site do not make reservations, do not complete their reservations,
do not pay for their reservations or cancel their reservations.
Budapest Hotel Info shall pay the Affiliate Partner a commission of 25% of the
commission collected by Budapest Hotel Info before tax for all orders place and
consumed through the Affiliate's link to our site. Reports and commission shall be paid
monthly. However, if commissions are less than 50 EUR in any month, Budapest Hotel Info
reserves the right to pay quarterly. The Affiliate shall be responsible for any money
delivery charges.
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. For example, you will be solely
responsible for:
- The technical operation of your site and all related equipment
- Creating and posting product descriptions on your site and linking those descriptions
to our hotel inventory
- The accuracy and appropriateness of materials posted on your site (including,
among other things, all product-related materials)
- Ensuring that materials posted on your site do not violate or infringe upon the
rights of any third party (including, for example, copyrights, trademarks, privacy,
or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libellous or otherwise illegal.
We disclaim all liability for these matters. Further, you will indemnify and hold us
harmless from all claims, damages, and expenses (including, without limitation,
attorneys'/lawyers fees) relating to the development, operation, maintenance, and contents
of your site.
Relationship of parties and termination
This Agreement will begin upon our acceptance of your application. 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. You will not make any statement, whether on your site or otherwise, that
reasonably would contradict anything in this clause.
Either party may terminate this Agreement immediately, with no compensation due by or to
either party, upon providing written notice to the other party. Upon termination of this
Agreement:
(i) all licences granted herein shall terminate;
(ii) you shall immediately remove any Affiliate Link(s) from Your Site;
(iii) we will pay any accrued and unpaid Fees
The affiliate may not assign any of its rights under this Agreement without our prior
written consent, and any such purported assignation shall be void.
Modification of Agreement
We may unilaterally modify any of the terms and conditions contained in this Agreement,
at any time and at our sole discretion, by posting a change notice or a new agreement on
our site. Modifications may include, for example, changes in the scope of available
referral fees, referral fee schedules, payment procedures, and Program rules.
If any modification is unacceptable to you, 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 constitute binding acceptance of the change.
Limited Liability
We will not be liable for indirect, special, or consequential damages or loss (including
any loss of revenue, profits, or data) arising in connection with this Agreement or the
Program, even if we have been advised of the possibility of such damages. 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.
As an Independent Contractor, you are solely responsible for the calculation and payment
of any tax due on your fees made from the program. We are in no way responsible for any
of your tax payments and if you are unsure as to your obligations please contact an
accountant or tax office in your country.
Further, you will indemnify and hold us harmless from any and all claims, damages, and
expenses, including professional fees, relating to tax which may become payable on any
fee income received by you.
Disclaimer
We make no express or implied warranties or representations with respect to the Program
or any reservations made through the Program (including, without limitation, warranties
of fitness, merchantability, non-infringement, or any implied warranties arising out of
a course of performance, dealing, or trade 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.
Jurisdiction
This agreement shall be governed by and construed in accordance with Hungarian Law [and
the parties here to prorogate the non-exclusive jurisdiction of the Hungarian Courts].
Declaration & Agreement
I/We acknowledge that I/we have read the above agreement and agree to all its terms and
conditions. I/we have independently evaluated the desirability of participating in the
program and not relying on any representation, guarantee, or statement other than as set
forth in this agreement.
I/We represent and act on behalf of the applicant and I/we have gained appropriate authority
and approval to enter into this affiliate program. I/We understand that this agreement
represents the legal, valid, and binding obligation of an affiliate.