Tariyaa Travel Affiliate Agreement
This agreement is entered into and between Affiliate Partner (“Partner”, “You”, “Affiliate”, “User”) and Tariyaa Travel (“We”, “us”, ‘our”). This Agreement supersedes any and all prior agreements, whether written, oral, express, or implied, between the Parties.
The Parties agree to be legally bound as follows:
1. Definitions.
1.1 "User" means any person using the Internet.
1.2 "Action" means a User's completion of an action requested by the Tariyaa Travel. This includes, but is not limited to, a sale, a click, a call, a lead and an impression.
2. Tariyaa Travel Requirements.
2.1 Tariyaa Travel and Partner websites must not be associated with or contain any illegal activity, or pornographic, obscene, racist, or hateful content, or deceptive advertising, piracy, libelous or defamatory statements.
2.2 Tariyaa Travel may issue the Order to Affiliate Partner at any time and may at any time terminate or suspend any part or all of promotion of the Materials upon written notice to Partner of 24 hours in advance with or without cause, even if the Order has been issued. The Promotion shall be made by Partner without sub-contracting, transferring, assigning or licensing any Order to other alliance or affiliates, unless otherwise approved by Tariyaa Travel in writing.
Advertising Services and Warranties
3. Partner represents and warranties that:
3.3 It shall promote and cause the promotion of Materials in a legal and healthy method, including but not limited to fulfilling the order, avoiding aggressive (adult or porn website) promotion and eliminating any fraudulent traffic, including but not limited to the followings:
● Click, activation or registration not by an end user voluntarily, including but not limited to click activation or registration by Partner or other distributor, agent, advertiser, and such activities conducted by an end user through force (including pop-ups that cannot be closed unless the end user click or register certain links or program), misleading, fraud or cheating promotion by Partner or other third party;
● Click, activation or registration by machine, robot or program that simulates end user with any technological method;
● Other illegal action including but not limited to computer or mobile virus, search engine cheating, changing user’s setting without user’s consent, intrusion of privacy or other forms of misuse of user’s personal information.
4. Payments.
4.1 Tariyaa Travel will pay a specified commission for a successful booking of the previous month on the 7th day of the month.
5. Commission
The commission paid by Tariyaa Travel can be reviewed upwards or downwards and all active Partners informed 30 days before implementing the new commission rate. Active Partners are partners that have had at least 1 successful booking as a Tariyaa Travel affiliate.
6. Force Majeure.
Neither Party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, terrorism, war, riots, acts of government, shortage of materials or supplies, or any other cause beyond the reasonable control of such Party; provided, that the Party whose performance is affected by any such event gives the other Party written notice thereof within three (3) business days of such event or occurrence.
7. Remedies.
Tariyaa Travel reserves the right to take appropriate legal action to recover its damages against any that violates the terms of this Agreement or commits fraudulent activity against Tariyaa Travel Except as otherwise specified, the rights and remedies granted to a Party under the Agreement are cumulative and in addition to, not in lieu of, any other rights and remedies which the Party may possess at law or in equity.
8. Governing Law/Jurisdiction.
The rights and obligations of the Parties under this Agreement shall be governed by and construed under the laws of the operating country.
9. Defaulting liability
The Parties agree and confirm that, if any Party (the "Defaulting Party") substantially violates any agreement herein or substantially fails to perform or delays performance of any of the obligations hereunder, such violation, failure or delay shall constitute a default under this Agreement. The non-defaulting Party shall have the right to request the Defaulting Party to rectify or take remedial actions within a reasonable period. If the Defaulting Party fails to rectify or take remedial actions within such reasonable period or within fifteen (15) days after the non-defaulting Party notifies the Defaulting Party in writing requiring rectification, then the non-defaulting Party is entitled to decide at its own discretion to:
● terminate this Agreement and require the Defaulting Party to indemnify all of its damages;
● Request the Defaulting Party to perform its obligations under this Agreement and require the Defaulting Party to indemnify all of its damages.
10. Terms
This Agreement shall enter into effect upon being signed by both Parties and remain in effect from the date when the Partner join this program. unless otherwise agreed and specified in writing.
11. Miscellaneous
11.1 Each provision contained herein shall be severable and independent from each of the other provisions. If any one or more provisions herein become(s) invalid, illegal or unenforceable at any time, the validity, legality and enforceability of the remaining provisions herein shall not be affected as a result thereof.
11.2 Any amendment or supplement hereto shall be made in writing and shall become effective only upon due execution by the Parties hereto.
11.3 Without the prior written consent of the other Party, each Party shall not transfer any of its rights and/or obligations hereunder to any third party.
11.4 This Agreement shall be binding on the legal successors of the Parties.
11.5 The headings herein are used for reference only, and in no event shall such headings be used for or affect the interpretation of the provisions hereof.
11.6 Each Party shall pay its own costs and expenses incurred in connection with the negotiation, preparation and execution of this Agreement. Each Party shall be responsible for all taxes payable by it under applicable laws incurred from the execution, performance and consummation of transactions as contemplated hereby.
