1 Affiliate Marketing During the Term, Affiliate shall, where it deems it suitable actively market and promote the EAN Travel Products to its customers (“Customers”).
2 Access to the EAN Travel Products Affiliate shall access and book the EAN Travel Products in a manner consistent with the guidelines provided by EAN and/or H4U from time to time, a current version of which are contained in Annex 1 – Guidelines. Affiliate shall access EAN Travel Products and input Customer data in the Platform solely for the purposes of booking travel services on behalf of Customers. Affiliate shall ensure that the Customer data and any other information submitted to the Platform is complete and accurate.
3 Customer Contracts Prior to the completion of a transaction for an EAN Travel Product (a “Transaction”), Affiliate shall:
a. make clear to Customers that the relevant EAN Company or the applicable travel service provider provides the travel service directly to the Customer and shall not display or make any statement which expressly or by implication contradicts this proposition;
c. communicate fully and accurately to the Customer any limitations or restrictions relating to the relevant travel services including, without limitation, whether cancellations or changes are permitted and the consequences of same. Affiliate will be solely liable for any variation between the cancellation policies provided to Affiliate by EAN and/or H4U and those that are communicated by Affiliate to Customer.
4 Customer Communications and Complaints
a. Affiliate shall within 24 hours of receipt: (i) provide to Customer, without modification or deletion, all information received from EAN and/or H4U relating to a Transaction; and (ii) provide to EAN and/or H4U without modification or deletion all communications relating to a Transaction (e.g. further booking requests and other customer service inquiries) or complaints (including any complaint to Trading Standards or any other regulatory trade body) received from Customer.
b. Affiliate shall notify EAN and/or H4U within three (3) days of Affiliate's receipt of any Customer formal complaint, claim or action regarding a Transaction. Affiliate acknowledges and agrees that EAN shall have the right to attempt to settle any such formal complaint, claim or action directly with the Customer. If EAN attempts such a settlement Affiliate shall provide EAN with reasonable information and assistance, at EAN's expense, to help EAN to reach settlement and Affiliate shall refrain from taking any other action in respect of the relevant formal complaint, claim or action unless required to do so by law.
5 Customer Care
7 Affiliate Booking Fee. If the Affiliate includes a booking fee (“Affiliate Booking Fee”) to the total amount charged to the customer, it shall ensure a) the Affiliate Booking Fee is not aggregated into the room rates, taxes, or service fees provided by EAN, b) the Affiliate includes the following text in its booking terms and conditions in respect to EAN Travel Products: “The total price may include an additional booking fee from Affiliate”, and c) the Affiliate does not include the Booking Fee in any supplier selection algorithm nor sort order logic. At all times, Affiliate shall ensure that the final booking price for an EAN Travel Product is equal to the rate provided to Affiliate by EAN for such EAN Travel Product.
1 Payments. Affiliate hereby acknowledges that no monies, expenses or money’s worth shall be due from EAN or its Corporate Affiliates (and their respective employees, directors and representatives) to Affiliate whatsoever. Affiliate’s sole recourse for any payment or compensation as a result of any Transactions shall be against the provider of the Platform. EAN shall have no liability for any amounts due to Affiliate from the provider of the Platform.
C. PROHIBITED ACTIVITIES
2 Predatory Advertising. Affiliate will not use any predatory advertising methods. Predatory advertising means any method that creates or overlays links or banners on websites, mobile devices, social media or any other channel which allows access to the EAN Travel Product (each a “Channel”), spawns browser windows, or any method invented to generate traffic from a Channel without that Channel owner’s knowledge, permission, and participation (e.g. keyword parsing browser plugins such as TopText and +Surf, banner replacement technology such as Gator, browser spawning technology that is not website dependent).
3 Keyword Advertising. Affiliate shall not display or use in any context or manner (directly or indirectly), EAN or its Corporate Affiliate’s trademarks, trade names or logos or any other third party trademarks, logo, or branding (including, without limitation, any misspelling or substantially similar or confusingly similar version thereof) of EAN or any other third party, in any manner whatsoever (including without limitation, in any meta tags, search engine marketing or optimization, in any domain name, any other online/offline marketing or advertising, press releases, etc.) without first obtaining prior written approval from EAN or the applicable third party. Without limiting the foregoing, Affiliate agrees that it will not bid on the names that are present in URLs owned by EAN or its Corporate Affiliates, including, but not limited to, “travelnow.com,” “hotels.com,” “hotel.com,” “vacationspot.com,”, “hotels.co.uk,” “condosavers.com,” “orlando.com,” “expedia.com”, “expedia.co.uk” and “hotwire.com”, for preferential placement in any cost per click search engine or other search engine in which search result page listing order is determined by payment to the search engine or other third party. Further, Affiliate will not use names that are present in URLs owned by EAN or its Corporate Affiliates, including but not limited to “travelnow.com,” “hotels.com, “hotel.com,” “vacationspot.com,” “hotels.co.uk,” “condosavers.com,” “orlando.com,” “expedia.com”, “expedia.co.uk” and “hotwire.com”, in keyword meta tags on any pages of the Affiliate Site(s) or any other websites or Channels owned and/or operated by Affiliate. If EAN or its Corporate Affiliates receive a request from its or their suppliers requesting that Affiliate cease bidding on or otherwise using a name or names present in a URL owned by such supplier, then Affiliate will, at the request of EAN and/or H4U promptly cease the use or bidding upon such name or names.
3 Data Protection. For purposes of this Section, “Data Protection Law” means all applicable laws and regulations relating to the protection of data in the relevant state or territory, including, where applicable, the local laws implementing the Directives of the European Parliament and of the Council 95/46/EC, 97/66/EC and 2002/58/EC (together, the “Directive”) as from time to time enacted, amended, extended, consolidated, replaced or re-enacted in the relevant territory where Customers’ “personal data” (as defined in the Directive) is received, processed, or transferred. Each Party shall: (a) use commercially reasonable efforts to safeguard the confidentiality and privacy of Customers’ personal data and to protect it from unauthorized use or release; and (b) comply with all applicable laws including but not limited to the Data Protection Law in its use and handling of Customers’ personal data. Affiliate shall ensure that it has obtained the relevant consents and permissions from Customers in order to allow EAN and/or its relevant Corporate Affiliates to process such Customers’ personal data in accordance with this Section E3. Each Party shall implement appropriate technical and organizational security measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. Such measures will be no less stringent than those a Party generally applies to its own data of similar nature.
THE EAN TRAVEL PRODUCTS ARE PROVIDED BY EAN "AS IS" AND WHERE AVAILABLE, AND EAN MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SAME. EAN EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, OBLIGATIONS AND LIABILITIES ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE HOSTED SITE, SPECIFICATIONS, AFFILIATE NUMBER, AND THE API AND THE EAN TRAVEL PRODUCTS, INCLUDING WITHOUT LIMITATION ANY: (i) IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; OR (iii) IMPLIED WARRANTY OF NON-INFRINGEMENT.
EAN will have no liability to Affiliate or any Customers relating to: (a) any failure of the systems of EAN or any third party that results in the failure or inability to process a Transaction; (b) the quality of the EAN Travel Products provided by travel suppliers to Customers.
ANNEX 1 – GUIDELINES
EAN and its Corporate Affiliates, including but not limited to the EAN Companies, do not supply travel services to Affiliate for onward supply to Customers. In relation to:
- E-Collect Rooms (an “E-Collect Room” being a room for which payment from the Customer is collected at the time of the Transaction), Customers will contract directly with the EAN Companies in relation to the supply of such E-Collect Rooms; and in relation to
- Hotel-Collect Rooms (a “Hotel-Collect Room” being a room for which payment from the Customer is collected by the hotel at the time of stay or otherwise), Customers will contract directly with the applicable third party travel suppliers (and not EAN or its Corporate Affiliates) in relation to the supply of such Hotel-Collect Rooms.
Affiliate agrees to adhere to the following:
- Affiliate shall not represent itself as acting on behalf of any of the EAN Companies.
- Any advertising and promotional materials used in relation used in connection with the EAN Travel Products shall be provided by or expressly approved in writing by EAN.
- Affiliate acknowledges that Travelscape LLC or VacationSpot SL is the supplier of E-Collect Rooms to Customers, and that any monies collected from Customers by Affiliate in respect of such products is collected on behalf of Travelscape LLC or VacationSpot SL. Affiliate shall act consistently with this chain of supply in all aspects of its activity in relation to E-Collect Rooms, including but not limited to customer bookings, customer invoicing, accounting for payments, applying local transaction taxes, and the use of advertising and promotional materials.