These are the Terms & Conditions that you will be required to accept to participate in the Book Australia Affiliate Program (powered by Bookeasy).

BOOK AUSTRALIA - AFFILIATE TERMS & CONDITIONS

This document is intended to govern contractual relationships between:

• Bookeasy Australia Pty Ltd ABN 45 681 144 374, situated at Suite 30304, Level 3, Southport Central 3 / 9 Lawson Street, Southport, Queensland 4215, Australia. “Book Australia”, “The Company”
• And the affiliate, which has been identified on the registration form (the Affiliate).

1. The Booking Gadgets
   Bookeasy Pty Ltd owns and operates an Affiliate Program known as Book Australia.  Book Australia is an affiliate program aimed at allowing the affiliate to insert a booking gadget/widget on the affiliate’s website ("the Affiliated site"). 
2. Acceptance of the Affiliate by Book Australia
   Book Australia reserves the right to reject any application at its sole discretion, without having to justify its refusal in any manner whatsoever. Book Australia will refuse affiliation to any site which (the list is not exhaustive) directly or indirectly:

• Has a content of violent, racist, extremist or defamatory nature;
• Offer pornographic, erotic, religious, political or other types of content;
• Does not comply with any law or regulation in force or infringes third-parties rights;
• Which might be detrimental in any way whatsoever, to Book Australia’s brands, image or reputation.

3. Obligations of the Affiliate
   The Affiliate undertakes to:
   Ensure the Affiliated Site does not include or have a direct or indirect link with sites which:

• has a content of violent, racist, extremist or defamatory nature;
• offer content of a pornographic, erotic, religious, political or other nature; or
• which might be detrimental in any way whatsoever, to Book Australia's brands, image or reputation;

And will:

• comply with any request from Book Australia  to remove the Booking Gadget from their website/s for any reason, within 4 working hours of the request from Book Australia;
• comply with any law or regulation in force and observe third-parties rights
• comply with the graphic components in reproducing the Book Australia and Partner logo and brands and not modify them in any way;
• not modify the HTML codes required to create the links to the Book Australia and its Partners site;
• not assign, transfer, license or deal with any of the Affiliates' rights under this agreement;
• ensure that the product or service is not discounted by forfeiting affiliate commission. 

4. Acknowledgment about Bookable Suppliers
   The reservation is made directly between visitors of the Affiliated site and the suppliers of bookable services. The suppliers are responsible for the proper booking and provision of services resulting there from. Book Australia has no liability for anything the supplier does or fails to do.

• Affiliate acknowledges that Suppliers have the right to refuse or ask to be disassociated from any affiliate or URL/s for any reason.

5. The Fee
   In exchange for setting up the Booking Gadgets on the Affiliated site, Book Australia will remunerate the Affiliate based on a combination of the number of confirmed and paid bookings generated via the Affiliated site, after subtracting out any cancellations that may have been made on these reservations at the end of each month. Book Australia reserves the right to modify at any time the nature and amount of fees to be paid under this Agreement, without prior notification, and taking effect immediately. 

Commission payments will be made within 30 days following the departure month of the guest.  

6. Privacy
   Book Australia will not use information from any customer that has been generated by an Affiliate e.g. email, database mining etc. for above and below the line customer marketing or approach Affiliate past customers without the Affiliates approval. Book Australia will not disclose your personal information to third-party companies without your consent. Information contained in this Internet service cannot in any case be rented, sold, transferred or made available to another person either free of charge or for payment.
7. Date of effect
   This Agreement shall take effect after acceptance by Book Australia of the application of the Affiliate.
8. Term of the agreement
   The term of this Agreement begins upon Book Australia acceptance of affiliate's application for the Book Australia Affiliate Program, and ends when terminated by either party pursuant to clause 10.
9. Testing of Site
   Book Australia may test the Affiliate’s site, and if such Affiliate site does not comply with this Agreement, Book Australia, in its sole discretion may demand the removal of links or set commission levels to 0% or terminate this Agreement or all or any of the above.
10. Termination

10.1 The parties may terminate this Agreement at any time in their sole discretion upon seven (7) days written notice to the other party. If the Agreement terminates pursuant to this clause, the Affiliate will be entitled to receive payment for all Payable Commissions in accordance with clause 4 up until the date of termination. 

10.2 The Company may terminate this Agreement with immediate effect, or and suspend payment of Payable Commissions to the Affiliate if:

• the Affiliate breaches this Agreement and fails to remedy such breach within two (2) days of notice from the Company specifying the breach and requiring it to be remedied;
• the Affiliate breaches this Agreement and the breach cannot be remedied;
• the Affiliate takes a direct payment from a Book Australia supplier;
• should any request from Book Australia not be carried within the timeframes as set out within the Terms and Conditions;
• the Affiliate breaches this Agreement, causing a negative impact on the profitability or consumer goodwill of the Company or a Booking Provider;
• any step is taken to appoint a receiver, a controller, a liquidator, a provisional liquidator, an administrator or other similar person of the whole or any part of the Affiliate's assets, undertakings or business;
• the Affiliate is inactive with the Program for a period of six (6) consecutive months;
• the Affiliate’s history indicates that the Affiliate’s Qualifying Leads are not resulting in actual bookings; or
• the Affiliate is suspected of engaging in Click Fraud.

10.3    If the Company elects to terminate this Agreement pursuant to clause 10.3, all Commissions earned by the Affiliate that have not been paid to the Affiliate shall be forfeited.

10.4    Upon termination of this Agreement, the Affiliate agrees that they will remove all content associated with the Program, including any Links, Booking Gadgets/Widgets from the Affiliate’s Site.

11. Amendments

11.1 Book Australia may amend this Agreement at any time with immediate effect by posting the new agreement on the Site. The Affiliate will be bound to the terms of the amended Agreement at the time it is posted on the Site. If the Affiliate does not agree with any amended terms of this Agreement, the Affiliate may elect to terminate the Agreement in accordance with clause 10.

12. Non-Exclusivity 

This Agreement does not create an exclusive relationship between the parties. 

13. Exclusion of Suppliers
    Book Australia may alter this agreement to exclude certain suppliers at any time, for any reason by giving the Affiliate written notice of this change.
14. Entire Agreement
    These general terms and conditions constitute the entire agreement between the parties. If one or more provisions of this Agreement are held to be unenforceable under applicable law; such provision shall be excluded from this Agreement and the balance of this Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms.
15. Force Majeure
    Book Australia shall not be liable for any delay in performing or for failure to perform any obligations under this Agreement to the extent that the failure is caused by an event beyond its reasonable control.
16. Dispute-Applicable law
    These general terms and conditions shall be governed by the Laws of Queensland, Australia. The exclusive Jurisdiction for determination of disputes under this Agreement are the Courts of Brisbane, or Southport, Queensland, Australia.
17. Commissions
    The Affiliate will be paid a commission of 7.5% per booking including GST (where applicable).   

There are no commissions paid on cancelled bookings.

Where an Affiliate supplies bank account details for commission payments, the payments will be paid by EFT in Australian Dollars.

18. Bank Transfer Fees
    For any international payments we will deduct a Bank Transfer Fee. The Bank Transfer Fee will be charged at a rate of $20.00 for every international bank transfer.  This amount includes GST where applicable and will be deducted from any payments made to you.
19. Intellectual Property

The Affiliate acknowledges that the Intellectual Property Rights in the Book Australia Booking Gadgets/Widgets, are the sole property of Book Australia, and that the Affiliate will not during the term of this Licence Agreement, or at any time following its termination or expiry, do any act, or permit any act to be done which infringes upon or causes any detriment to Book Australia’s Intellectual Property Rights.