Wisecars.com - Commissionable Affiliate Agreement

AFFILIATE PARTNER AGREEMENT

Thank you for your interest in signing up to the Wisecars.com Affiliate Partner Programme. By becoming an affiliate partner of Wisecars.com, the affiliate hereby agrees to and accepts the following terms and conditions:

OUTLINE:

  1. (A) The Supplier (Wisecars.com) carries on the business of car rentals.

  2. (B) The Affiliate (the Customer Website) wishes the Supplier to provide its car rental services to The Affiliate.

Terms and Conditions

1.  Commencement and Duration:

The Services supplied under this agreement shall be provided by the Supplier to The Affiliate from the Commencement Date for a minimum period of 12 months.

2. Supplier Obligations:

2.1 The Supplier shall commit to providing the Services in accordance with the details listed in Schedule One.

2.2 The Supplier shall ensure that payment is made to The Affiliate in accordance of this agreement.

2.3 The Supplier grants permission to The Affiliate to use the Wisecars.com name and logo so that The Affiliate may promote the Supplier's Services during the agreement.

3.  Customer Obligations:

3.1 The Affiliate shall:

3.2 Co-operate with the Supplier in all matters when it is reasonable to do so relating to the Services;

3.3 The Affiliate shall not use the services of any other supplier of car rental services during their partnership with Wisecars.com.

3.4 The Affiliate shall not make the Service (directly or indirectly) available through travel search sites or price comparison sites, unless agreed otherwise in writing by Wisecars.com.

3.5 The Affiliate agrees to not communicate with any car rental supplier regarding any bookings or customer service for bookings made through the system.

4. Termination

4.1 Either party may terminate this agreement without liability to the other immediately on giving notice to the other if:

  1. 10.1.1 the other party breaches any of the terms in this agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or

  2. 10.1.2 an order is made or a resolution is passed for the winding up of the other party, or circumstances arise which entitle a court of competent jurisdiction to make a winding-up order of the other party; or

  3. 10.1.3 the other party ceases, or threatens to cease, to trade.

4.2 The agreement may be terminated with 1 month written notice at any time by either party.

4.3 Both parties will keep confidential all technical or commercial know-how, including specifications, processes, initiatives and any confidential information concerning the business, services or products.

4.4 This clause 10 shall survive termination of this agreement, however arising.

5. Severance

5.1 If any clause (or part of a clause) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.

6. Governing Law And Jurisdiction

6.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of United States

7. Wisecars.com shall not be responsible for loss of profits, business, anticipated savings, goods, contract, use, data, information. This includes any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

7.1 The Suppliers total liability in contract, tor (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or comtemplated performance of this agreement shall be limited to the price paid for the particular aspect of the Services which is the subject of the claim.

8. Force Majeure

The Supplier shall have no liability to the Affiliate under this agreement if it is prevented from or delayed in performing its obligations under this agreement by acts, events, omissions or accidents beyond its reasonable control.

Schedule One

Wisecars.com Services

  1. Provision of a car rental booking engine

  2. Provision of (dynamic) car rental banners

  3. Provision of confirmation widgets and banners

  4. Provision of the XML feed (further documentation will be needed for this. The Supplier will contact The Affiliate in this event)

  5. Any other agreed method

Schedule Two

The Affiliates Services

Main car sections

a. The Affiliate will co-operate in the maintenance and correct functioning any car hire sections across the Affiliate portfolio during the whole duration of the contract. Any substantial changes to the current layout or way the customers have access to the car hire section will have to be agreed in advance with rentalcars.com.

Promotion

In order to ensure the highest levels of conversion in the sites, the Affiliate will offer car rental services at all appropriate points of sale where possible:

  1. Via a car rental tab

  2. In the car rental page

  3. In the confirmation page of flight, hotel, etc through a car rental widget

  4. In the confirmation email of flight, hotel, etc through integrated banners

  5. Newsletters

  6. Any other agreed method

Schedule Three

 

Payment Terms