This is an Agreement between Barcelona Homes SL. Calle rosellon 132, 6 1, Barcelona, Spain, (GetReadyRentals.com) and the affiliate whose details are provided on the Affiliate Registration Request Form which follows (the 'Affiliate'), each being a 'Party' and together being the 'Parties'.
1. Overview
1.1 GetReadyRentals.com operates an online accommodation booking system (the 'System') through which participating apartments and hotels (collectively the 'Properties', each being a 'Property') property of individual owners or operators (collectively the 'Property Owners', each being a 'Property Owner') can make their Property available for bookings (collectively the 'Bookings', each being a 'Booking') and through which Bookings can be made for each Property, in exchange for which Getreadyrentals.com receives a percentage commission fee during booking made through the System (the 'Commission').
1.2 To distribute the System, Getreadyrentals.com owns and operates its own databases, Internet domains and websites (collectively, the Getreadyrentals.com Website'), and also provides links to the Getreadyrentals.com Website for use on the websites of third party affiliates.
1.3 The Affiliate operates one or more Internet domains and websites (collectively, the 'Affiliate Website').
1.4 Getreadyrentals.com and the Affiliate believe that a link between the Affiliate Website and the Getreadyrentals.com Website (the 'Link') will generate traffic to the Getreadyrentals.com Website, and as such, Getreadyrentals.com is willing to share with the Affiliate a proportion of the Commission generated through the Link (Affiliate Commission).
1.5 By completing and submitting the online Affiliate Registration Form, the
Affiliate unequivocally accepts and agrees to be bound by the terms of this
Agreement and makes an offer to Getreadyrentals.com to enter into such Agreement. Following the submission of the Affiliate Registration Form, Getreadyrentals.com shall evaluate the Affiliate's offer and may accept or reject the offer at its sole discretion. Getreadyrentals.com´s decision may be based, without limitation, on Getreadyrentals.com's determination of the suitability or unsuitability of the Affiliate Website for inclusion in Getreadyrentals.com´s affiliate program. In the case of Getreadyrentals.com´s acceptance of the offer made by the Affiliate, Getreadyrentals.com shall provide written confirmation of such acceptance by email (the 'Affiliate Confirmation Email').
2. Affiliate's Obligations
2.1 The Affiliate agrees to market Getreadyrentals.com Website by establishing the Link on the Affiliate Website, in the Newsletter or Affiliates advertisement plan with the restrictions as stated in Article 5.
2.2 The Affiliate agrees to use reasonable endeavours to customise the Affiliate Website and integrate the Link in such a way as to generate as much traffic as possible to the Getreadyrentals.com Website.
2.3 The Affiliate agrees not to communicate with any Property Owner unless the Affiliate has a pre-existing contractual relationship with such Property Owner at the date of commencement of this Agreement.
2.4 The Affiliate agrees not to cause or permit to be done anything which may cause Getreadyrentals.com to be excluded from the process of booking any Property.
2.5 The Affiliate shall correct any errors in the information relating to the Properties within a week of becoming aware of such errors or being notified by Getreadyrentals.com.
3. Remuneration
3.1 Getreadyrentals.com will pay the Affiliate a Commission of 20% of the Commission, minus 16% VAT for Affiliates with their legal entity outside Spain, per confirmed Booking made through the Affiliate Link. Once a Booking is made the Affiliate will receive a confirmation email and if desired an SMS. All entries also can be seen in Affiliate Admin Login.
3.1.1 The Commission due to the Affiliate shall not be subject to change in bookings. Cancelled bookings will not be considered as valid and therefore not included in the total amount.
3.2 Getreadyrentals.comshall pay Affiliate Commission to the Affiliate on a monthly basis, 30 days after and at the end of the month in which the guest departs, unless the amount of Affiliate Commission due to the Affiliate at that time is less than €100,00, in which event Getreadyrentals.com will be entitled to postpone payment until the month when such amount is due or until the amount is claimed by the Affiliate after the termination of this Agreement.
3.3 All Affiliate Commission payments shall be made by direct bank transfer or Paypal transfer, into the bank/Paypal account specified by in the Affiliate Registration Form, or into any other bank account that the Affiliate may notify to Getreadyrentals.com from time to time.
3.4 The Affiliate is an independent contractor for all purposes, and will be responsible for his own taxes, workmen's compensation and all other tax related matters.
4. Term and Termination
4.1 This Agreement shall commence on the date on which the Confirmation Email is sent by Getreadyrentals.comto the Affiliate, and shall continue indefinitely unless or until terminated.
4.2 Either Party may terminate this Agreement with immediate effect at any time and for any reason, by written notice to the other Party.
4.3 This Agreement will terminate automatically in the case that no Bookings are generated in a period of 12 consecutive months.
4.4 Upon termination of this Agreement Getreadyrentals.comshall continue to pay to the Affiliate any outstanding Commission in accordance with Article 3 for a period of 12 months after the termination date, on the condition that Getreadyrentals.comhas the correct contact and banking details for the Affiliate during that period. Should the Affiliate fail to claim any unpaid Commission within that 12 month period, that failure shall constitute an effective waiver of the Affiliate's right to claim such Commission.
4.5 Upon termination of this Agreement the licence granted in Article 5 below shall terminate automatically and the Affiliate shall immediately remove the Link and any Getreadyrentals.comIntellectual Property that may be in use on the Affiliate Website.
4.6 Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Getreadyrentals.comand Affiliate.
4.7 The Articles of this Agreement referring to liability, intellectual property and confidentiality shall survive termination of this Agreement.
5. Intellectual Property Rights.
5.1 The Affiliate acknowledges that Getreadyrentals.com and/or its licensors shall retain ownership of all rights, title and interest in and to all existing copyrights, inventions, database rights, trademarks and all other intellectual property rights embodied in the Getreadyrentals.com Website, including (but not exclusively) the Getreadyrentals.com logo and Property descriptions (the 'Getreadyrentals.com Intellectual Property')
5.2 Getreadyrentals.com hereby grants the Affiliate for the duration of this Agreement a worldwide, royalty free, non-exclusive, non-transferable license to use those elements of the Getreadyrentals.com Intellectual Property as provided to the Affiliate by Getreadyrentals.com and which is necessary for the sole purpose of the Affiliate enjoying its rights and performing its obligations under this Agreement. The Affiliate shall not acquire any rights in or to the Getreadyrentals.com Intellectual Property other than as expressly set out in this Agreement.
5.3 The Affiliate agrees that any promotion or marketing that the Affiliate may undertake, although the Getreadyrentals.com brand can be used as an expression of partnership between Affiliate and Getreadyrentals.com, shall comply with the following provisions:
5.3.1 Paid Search: In relation to any paid search advertising or any other form of online targeted advertising offered by companies operating online search engines, travel search sites or price comparison sites, the Affiliate shall not bid on or include in any text of any advertisement any term:
- which is the same as or confusingly similar to the term(s)
5.3.2 Search Engine Optimization ('SEO'): The Affiliate may not use any term which is the same as or confusingly similar to any trademark (whether registered or unregistered) belonging to Getreadyrentals.comor any other third party in any activity intended to unfairly influence the results of any internet search engine unless the owner of such trademark has given its prior written consent.
5.3.3 Blogs, Forums and Social Networks: Is subject to any use described in
5.4 The Affiliate shall comply immediately with any reasonable request from
Getreadyrentals.com to cease using any term in any paid search or SEO which is the subject of a third party complaint in relation to any use described in 5.3.1; 5.3.2 or 5.3.3 or similar thereto that may be received by Getreadyrentals.com.
5.5 The Affiliate shall not register or otherwise acquire, any Internet domain name which incorporates any word or words which are identical or confusingly similar to any trademark (whether registered or unregistered) belonging to Getreadyrentals.com or any other third party unless the owner of such trademark has given its prior written consent.
5.6 The Affiliate shall not programmatically evaluate and extract information from ('screen scrape') any part of the Getreadyrentals.com Website.
5.7 The Affiliate shall not make any static copy of any part of the Getreadyrentals.com Website on the Affiliate's own server.
5.8 The Affiliate shall not publish anywhere on the Affiliate Website any statement, either express or implied, that the website is part of, endorsed by, or an official website of Getreadyrentals.com.
5.9 The Affiliate shall not promote Getreadyrentals.com on websites which include sexually explicit materials, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age. Nor illegal activities or violate intellectual property rights.
5.10 The affiliate shall not promote Getreadyrentals.com through unsolicited commercial email or spam. Getreadyrentals.com in no way participates in mass unsolicited emailing (i.e. spamming), and the affiliate is expected to adhere to this policy as well. Violation of any article in Article 5 will result in the termination of this Agreement and immediate dismissal from the Affiliate
Program.
6. Confidentiality
6.1 Neither Party will disclose any confidential information received from the other Party during or in connection with this Agreement. Confidential information includes any software or information regarding software provided or used by Getreadyrentals.com in connection with this Agreement, as well as Information regarding the Getreadyrentals.combusiness structure and pricing policies, information that is designated by either Party as confidential, and any information that the other Party reasonably could expect to be considered confidential.
6.2 Any external communication, press release or marketing material proposed to be released by the Affiliate which refers to Getreadyrentals.com, its services or the existence or terms of this Agreement must be agreed by Getreadyrentals.com in writing prior to release.
7. Right of Assignment
Getreadyrentals.com is entitled to assign the rights and obligations of this Agreement to any other company in which Getreadyrentals.com may have a direct or indirect ownership of at least 50% or to any other company that is connected to Getreadyrentals.com through the ultimate holding company of Getreadyrentals.com.
Getreadyrentals.com will inform the Affiliate of any such assignment as soon as is reasonably possible.
8. Applicable Law, Liability, Indemnification and Notices
8.1 This Agreement and the registration process defined in clause 1.5 above shall be construed in accordance with the laws of Spain. Any dispute that arises under or with respect to this Agreement shall be submitted to the exclusive jurisdiction of the competent court in Barcelona.
8.2 The Affiliate represents and warrants that the Affiliate has all appropriate rights and title to, and the appropriate authority to operate, the Affiliate Website.
8.3 Each Party shall be responsible for the content and accuracy of its own website.
8.4 Getreadyrentals.com excludes any and all liability in relation to any (temporary) breakdown of the Getreadyrentals.com Website or any part thereof.
8.5 Each Party will indemnify, defend and hold the other Party harmless against:
i) any claim from any third party based on any alleged infringement of its patent, copyright, trade name or trade mark by the first-mentioned Party's website. Each Party will assist the other Party against such claim upon first request; and
ii) any claim and for any damages arising out of a breach of its obligations under this Agreement.
8.6 Any notice to be provided to Getreadyrentals.comunder this Agreement shall be sent to the following address:
Getreadyrentals.com Affiliate Team
Barcelona Homes S.L.
Calle rosellon 132, 6 1, Barcelona
Barcelona, Spain
affiliate@Getreadyrentals.com
8.6.1 When notice is provided to the email address above, the Affiliates ID number (which will be assigned to the Affiliate by Getreadyrentals.comafter the commencement of this Agreement) must be quoted in the subject line of the email.
8.7 Any notice to be provided to the Affiliate under this Agreement shall be sent to the email address provided by the affiliate in the Affiliate
Registration form.
Thank you for your application to join Get Ready Rentals Affiliate Programme. We will soon review your details and send an email to you to inform you of the status of your application.