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To join our Associate Scheme, you must submit an application by completing the form. You will be asked to confirm your agreement with the following terms and conditions below when completing the application form, so please read them carefully. This Agreement is between:
For the purposes of this Agreement the following terms shall have the following meanings: "Commission" means a percentage of the relevant Car Hire Contract premium. "Our Website" means a website produced, hosted, managed and authorised by the Company being those presently having the URL’s "http://www.holidaycarsdirect.com" "Your Website" applies only to the website URL submitted in your application below. "Customer" means the person who enters into the Car Hire contract. "Car Hire Contract" means a contract for the hire of a motor vehicle entered into by a Customer (with Us) or (and sold to the Customer by Us) "Introduction" means an introduction by You of a Customer to Us whether by way of a web link to a Company Website or otherwise, which as a direct result of the introduction results in the relevant Customer efecting a Car Hire Contract. 2. The Commission 2.1 It is hereby agreed that for the continuance of this Agreement in consideration of each Introduction, You shall (save as provided herein) be entitled to the Commission. 2.2 It is understood and agreed that where an Introduction leads to the entering into of a Car Hire Contract, which is subsequently cancelled for whatever reason, then You shall have no right to the Commission. 2.3 Where a Car Hire Contract is cancelled subsequent to it being effected by the Customer but after payment of or deduction of the Commission it is agreed that such Commission must be forthwith repaid to Us by You, whether by deduction of this Commission from future Commissions payable or otherwise. 3. Duration This Agreement shall run from the date Your application is accepted by Us and shall continue until determined by either party giving one month’s written notice to the other. You are only eligible to earn commissions on sales occurring during the duration of this Agreement and commissions earned up to the date of termination will remain payable only if the related applications are not cancelled and refunded. For this reason, We may withhold your final payment for a reasonable time following termination. Upon termination of this Agreement, you will promptly return to us, or at our request, destroy any and all of our intellectual or proprietary property, information and/or materials in your possession and, subject to receiving written consent to the contrary from us, remove all hypertext links to Our Website from Your Website. 4. Payment of Commission 4.1 Where payment of the Car Hire Contract premium is made direct to Us, We shall account to You on a quarterly basis, on or before the 15th day of the months of March, June, September and December. following which the Car Hire Contract is effected and payment of the Car Hire Contract premium is received by Us. At this time We will provide You with a statement showing the number of policies sold, the Car Hire Contract premiums and will make payment of the Commission due 4.2 In limited situations and where We have a trading relationship of some standing with the You, We may (in our absolute discretion) create a trading account with You ("a Trading Account") Solely in those instances where a Trading Account has been created We will set up the Car Hire Contract but payment by the Customer may be made direct to You, who will then be obliged to pay the Car Hire Contract premium to Us, without deduction or set-off, save in respect of the Commission properly due and payable in respect of the relevant Car Hire Contract. In such a case We will invoice You on the seventh (7th) day of the month after the Car Hire Contract is effected and You are obliged to pay the Car Hire Contract premium less the Commission (as provided above) within seven (7) days of Our invoice giving details of any Commission deducted. 4.3 If payment is not made by You on any due date We reserve the right to charge You interest on the amount unpaid at the rate of [5%] per annum above Lloyds Bank Plc’s base rate from time to time until payment is made in full. 5. Liability Our liability to You shall be limited to the Commission payments which We are obliged to make to You and save as provided below We shall have no further liability to You under this Agreement in relation to the Car Hire Contract premium or otherwise. It is understood and accepted that this clause shall not affect either party’s liability for death or personal injury caused by its negligence. 6. No Agency or Partnership It is understood and acknowledged that the arrangement between Us and You is one of introducing business to Us only and nothing in this Agreement shall constitute or be deemed to constitute a partnership or agency between the parties and You shall not have any authority to bind Us in any way and in particular You have no right whatsoever to sell or seek to sell Car Hire to Our Customers. You will not make any statement or representation, whether on your website or otherwise, that you are connected or affiliated with our website or us other than for the purpose of referring users to our website as contemplated under this Agreement, or that otherwise reasonably would contradict anything in this Section. 7. Links to our Website You may display links to Our Website in as many areas of Your Website as you wish, using the complete URL provided on acceptance of your application. You agree that: 7.1 You will display in your website only those images that are provided by us. You may not modify any of our images in any way. We reserve all of our rights in the icon, any other images, our trade names and trademarks, and all other intellectual property rights. 7.2 You will update such images with new images provided by us during the term of this agreement. 7.3 Your website will not, in any way, copy or resemble the look and feel of our website, nor will you create the impression that your website is part of our website. 7.4 You may not directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money or awarding of any benefits) for using Links on your website to access our website . We may monitor your website to determine compliance with this agreement. We may revoke your licence at any time by giving you written notice. If you wish to include Product prices and information on Your Website, you must allow us to view the proposed pages before ensure that details are checked availability may vary from time to time. Because price changes may affect details that you already have listed on your website, you must frequently update price information, or not use it at all. 8. Modification We may modify any of the terms and conditions contained in this Agreement, at any time and at our absolute discretion. You will be notified by e-mail, and a change notice or a new agreement will be posted on our website. Modifications may include, but are not limited to, changes in the scope of available commission, 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 e-mail and posting of a change notice or new agreement on our website will constitute binding acceptance of the change. 9. Miscellaneous 9.1 Each of the parties warrants its power to enter into this Agreement and has obtained all necessary approvals to do so. 9.2 This Agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England. Both parties agree to submit to the exclusive jurisdiction of the courts of England and Wales. 9.3 It is understood and agreed that You shall bear exclusive responsibility for the payment of any tax of any kind including Value Added Tax in respect of the payments made to the Introducer under this Agreement. 9.4 You shall not assign or sub-contract any of your rights or duties under this Agreement without Our consent in writing. 9.5 We will ensure that transactions undertaken on a Company Website will be processed in an efficient and timely manner and in accordance with Our Terms and Conditions, which are subject to amendment from time to time. 9.6 Both parties will keep all information relating to this agreement confidential and will not disclose it to any third party without the consent of the other party. 9.7 We will keep true and accurate books of accounts containing any data necessary for the determination of commission due under this agreement. You shall be entitled upon reasonable prior notice, for a date to be agreed by both parties and during normal office hours, to inspect such records for the sole purpose of verifying commissions payable under this Agreement. Please note: to protect applicant's privacy, the names and personal information of specific policyholders will not be provided to you. Please now complete the Application form. We will assess your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (at our absolute discretion) that your website is unsuitable as an Associated site. Your application will not be accepted if your website or literature includes: a) Content that is in any way unlawful or in breach of intellectual property rights b) Content that may be deemed harmful, threatening, defamatory, obscene or indecent, harassing, or discriminatory on the grounds of disability, race, sex, ethnicity, sexual orientation, age, or otherwise objectionable in any other manner. We reserve the right to terminate the Agreement if, following our acceptance of your application, we deem your website or literature to be unsuitable. Unless your application is rejected for either reasons a) or b) as shown above, we will be pleased for you to reapply in future. | |
| Associate Programme application form |