Terms and Conditions

 

Please read our terms and conditions carefully and be aware that your selection of “I agree” at the foot of this page constitutes an agreement between Hoseasons and the Affiliate/Publisher/Partner.

1. AFFILIATE SPECIFICATION

1.1 All websites, newsletters, companies, or individuals need official approval from Hoseasons before they can become an Affiliate/Publisher/Partner. Only websites and newsletters that have been reviewed and approved are permitted to use the programme. Hoseasons reserves the right to withhold or refuse approval on any website, newsletter, company, or individual for any reason, whatsoever.

1.2 In order to be eligible for approval for the Hoseasons Affiliate programme, all websites and newsletters must meet the following criteria:

• Be content-based, not simply a list of links or advertisements.
• Cannot offer incentives to users to click on ads; incentives include but are not limited to awarding them cash, discount, points, prizes, contest entries, etc..
• Carry at least one functional page (i.e. no websites fully “under construction”).
• Spawning process pop-ups and exit pop-ups are prohibited.
• The content of the website and/or newsletter must not contain any adult content nor link from, or to, any adult materials including but not limited to:
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  • Vulgar or obscene language.
  • Posting or referencing of sexually explicit images, video or any other potentially offensive content.
  • Promotion of adult services (e.g. phone sex or escort services.)
• The content of the website and/or newsletter must not infringe on any personal, intellectual property or copyrights including but not limited to:
  
  
• Racial, ethnic, political, hate-mongering or otherwise objectionable content
• Investment, money-making opportunities or advice not permitted under law
• Gratuitous violence or profanity
• Material that defames, abuses, or threatens physical harm
• Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, etc.
• Software Pirating (e.g., Warez, Hotline)
• Hacking or Phreaking.
•  Any activity prohibited by English or Scottish law.
• Any spoofing, redirecting, or trafficking from adult-related websites in an effort to gain traffic
  
  
• The Affiliate/Publisher/Partner agrees not to carry objectionable materials on their web site which would revoke their affiliation as determined by Hoseasons.

1.3 The Affiliate/Publisher/Partner may not place Hoseasons advertisements, the Hoseasons website or any Hoseasons website content into a framed environment, unless approved by Hoseasons in writing.

1.4 Hoseasons guarantees that all content, products, and services on its website are legal for the Affiliate/Publisher/Partner to distribute and that it owns or has the legal right to use any and all copyrighted material.

2. PPC POLICY

2.1 The Affiliate/Publisher/Partner must not:

·          Show adverts on the brand name or variations/misspellings of the brand name.

·          Show adverts for a search on the brand name including generic phrases.

·          Show adverts against the Hoseasons URL (www.hoseasons.co.uk) or variations (w.hoseasons.co.uk, ww.hoseasons.co.uk, etc…).

·          Operate domains which contain Hoseasons trademarks for the sole purpose of driving traffic from Search Engines, e.g. www.hoseasons-offers.com.

·          Use the brand name in the Ad Copy Title

·          Use the brand name in the Ad Copy

·          Include the brand name in the sub folders or sub domain of the display URL's in Search Engine Adverts. (e.g. www.website.co.uk/hoseasons).

 

2.2 The Affiliate/Publisher/Partner may:

 

·          Show adverts on our inventory names (e.g. Park/Cottage/Boat/Villa/City Break Apartment names).

 

2.3 Affiliate/Publisher/Partner must:

·          Include the term “Hoseasons” as a negative keyword match within their paid search ad group/campaign. This will ensure the Affiliate/Publisher/Partner’s ads will not show on a broad match for search queries containing the term “Hoseasons”.

 

 

 

 

 

3. FRAUDULENT BEHAVIOUR

3.1 Hoseasons Actively monitors traffic for fraud. If we detect fraud, your account will be made inactive pending further investigation.

3.2 If the Affiliate/Publisher/Partner fraudulently add leads or sales or inflates leads or sales by fraudulent traffic generation (as determined solely by Hoseasons) its entire commission for all programmes will be forfeited and the account will be terminated. Hoseasons reserves sole judgment in determining fraud.

3.3 It is the OBLIGATION of the Affiliate/Publisher/Partner to prove to Hoseasons that they are NOT committing fraud. Hoseasons will hold payment in 'Pending Status' until the Affiliate/Publisher/Partner has provided satisfactory evidence to this effect. Hoseasons flags accounts that:

• Have click-through rates that are much higher than industry averages and where solid justification is not evident
• Have ONLY click programmes generating clicks with no indication by site traffic that it can sustain the clicks reported
• Have shown fraudulent leads as determined by Hoseasons.
• Use fake redirects, automated software, and/or fraud to generate clicks or leads from our programmes.
• Have breached our PPC Policy (see point 2)
• Force affiliate cookies on to a user’s browser without a relevant click from the user.

4. BOOKINGS

4.1 Hoseasons shall be solely liable as principal in respect of each Booking made through the affiliate link(s). The Affiliate/Publisher/Partner will never be a party to such a Booking and the Provider hereby indemnifies the Affiliate/Publisher/Partner for any liability which it may incur in relation to any such Booking.

4.2 All Bookings are subject to Hoseasons Standard Terms as set out on the relevant website.

4.3 During the period of this Agreement Hoseasons shall accurately identify and keep a record of the total number of Bookings made by the Affiliate/Publisher/Partner Site and the resulting Commission due to the Affiliate/Publisher/Partner via its Tracking Platform.

5. PAYMENT OF COMMISSION

5.1 The commission payment that is generated to the Affiliate/Publisher/Partner varies per registered subscriber. Hoseasons will pay basic commission on Bookings for Holidays at the following rates unless otherwise agreed:

1. Parks and Lodges in the UK: at the rate of 4.25% (plus VAT) of the total holiday cost as invoiced.

2. Cottages in the UK: at the rate of 4.25% (plus VAT) of the total holiday cost as invoiced.

3. Boating Holidays in the UK: at the rate of 4.25% (plus VAT) of the total holiday cost as invoiced after deduction of the amount paid for Fuel deposit and Collision Damage Waiver.

6. Villas with Pools in Europe: at the rate of 4.25% (plus VAT) of the total holiday cost as invoiced.

7. Boating Holidays in Europe: at the rate of £75 (plus VAT) per lead.

8. City Break Apartments: at the rate of 4.25% (plus VAT) of the total holiday cost as invoiced.

5.2 Commission will become due on the 14th day of each month provided the minimum threshold set has been exceeded (£30 default). A payment notification will be sent to the Affiliate/Publisher/Partner requesting that Hoseasons be invoiced for the amount owed.

5.3 Hoseasons will provide the Affiliate/Publisher/Partner with a Tracking Platform where Bookings and Commission due can be tracked. The Affiliate/Publisher/Partner will invoice Hoseasons in respect of Commission due for the previous month. Payment will be made by Hoseasons within thirty five (35) days of receipt of invoice from the Affiliate/Publisher/Partner.

5.4 Hoseasons reserves the right to recoup Commission from any cancelled Booking by offsetting this against future commission payments.

5.5 From time to time duplication occurs between Hoseasons tracking systems, when this duplication occurs commission will be allocated on a ‘last cookie dropped’ basis.

6. INTELLECTUAL PROPERTY

6.1 All Visitor information obtained by way of a Booking pursuant to this Agreement will belong to Hoseasons.

6.2 The Affiliate/Publisher/Partner WILL NOT spam or send unsolicited email mentioning or promoting the Affiliate/Publisher/Partner programmes. Any violation of this will result in the Affiliate/Publisher/Partner being liable for damages of £50 per email sent and other damages as deemed by a court of law.

7. TERM AND TERMINATION

7.1 This Agreement shall come into force upon clicking “I agree” during signup or login.

7.2 Hoseasons reserves the right to terminate any Affiliate's/Publisher's/Partner's contract for any reason whatsoever. Termination notice will be provided via e-mail and will be effective immediately. All legitimate monies due to the Affiliate/Publisher/Partner will be paid during the next payment cycle. If an Affiliate/Publisher/Partner defrauds the system, then payment is revoked as determined solely by Hoseasons.

7.3 The Affiliate/Publisher/Partner may terminate this Agreement at any time by sending a termination notice via e-mail to affiliates@hoseasons.co.uk or choosing to “Delete Account” from the affiliate interface.

8. EFFECT OF TERMINATION

8.1 On termination the parties shall immediately arrange for the removal of links, banners and references to Hoseasons (including any Trade Marks) from the Affiliate/Publisher/Partner’s Website(s) including any website promotional material or any other published material.

8.2 The termination of this Agreement shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either Party.

9. CONFIDENTIALITY

9.1 During the term of this agreement and after termination or expiration of this agreement for any reason for a period of one year after the date of termination, the following obligations shall apply to the Party disclosing confidential information (‘the Disclosing Party’) to the other Party (‘the Receiving Party’).

9.2 Subject to clause 9.3, the Receiving Party:
9.2.1 may not use any confidential information for any purpose other than the performance of his obligations under this agreement;
9.2.2 may not disclose any confidential information to any person except with the prior written consent of the Disclosing Party; and
9.2.3 shall make every effort to prevent the use or disclosure of the confidential information.

9.3 The obligations of confidence referred to in the provisions of this clause shall not apply to any confidential information that:
9.3.1 is in the possession of and is at the free disposal of the Receiving Party or is published or is otherwise in the public domain prior to its receipt by the Receiving Party;
9.3.2 is or becomes publicly available on a non-confidential basis through no fault of the Receiving Party;
9.3.3 is required to be disclosed by any applicable law or regulation; or
9.3.4 is received in good faith by the Receiving Party from a third party who, on reasonable enquiry by the Receiving Party claims to have no obligations of confidence to the other Party to this agreement in respect of it and who imposes no obligations of confidence upon the Receiving Party.

9.4 Without prejudice to any other rights or remedies which the Disclosing Party may have, the Receiving Party acknowledges and agrees that in the event of breach of this clause the Disclosing Party shall, without proof of special damage, be entitled to an injunction or other equitable remedy for any threatened or actual breach of the provisions of this clause in addition to any damages or other remedies to which he may be entitled.

9.5 The obligations of the parties under the provisions of this clause shall survive the expiry or the termination of this agreement for whatever reason.

10. PROHIBITIONS ON ASSIGNMENT AND 3RD PARTY RIGHTS

10.1 Subject to the provisions of clause 10.2 below neither Party shall assign, transfer, sub-contract, declare a trust of or in any other manner make over to any third Party the benefit or burden of this agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed.

10.2 Each Party shall be entitled without the prior written consent of the other Party to assign, transfer, sub-contract or in any manner make over the benefit or burden of this agreement to any company with which the Party may merge or to any company to which he may transfer his assets and undertaking, provided that the company undertakes and agrees in writing to assume, observe and perform the rights and powers and/or duties and obligations of the former Party under the provisions of this agreement being assigned, transferred or otherwise made over.

10.3 Save as is provided above the Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement and no person other than the Parties to this agreement shall have any rights under it, nor shall it be enforceable under that Act by any person other than the Parties to it.

11. FORCE MAJEURE

11.1 Neither Party shall be deemed to be in breach of this agreement or otherwise liable to the other Party for any delay in performance or any non-performance of any obligations under this agreement and the time for performance shall be extended accordingly) if and to the extent that the delay or non-performance is due to an event or circumstance beyond the reasonable control of that Party (‘an event of force majeure’).

11.2 The Party relying on clause 11.1 above shall promptly notify the other Party of the nature and extent of the circumstances giving rise to the event of force majeure.

11.3 If the event of force majeure in question prevails for a continuous period in excess of one month after the date on which it began, the other Party may give notice to the affected Party terminating this agreement immediately. Neither Party shall have any liability to the other in respect of termination of this agreement due to an event of force majeure, but rights and liabilities that have accrued prior to termination shall not be affected.

12. GENERAL

12.1 Hoseasons reserves the right to change any conditions of this contract at any time. Change notices are sent to Affiliates/Publishers/Partners by email, and Affiliates, Publishers, Partners are responsible for complying with any changes to the contract within 10 calendar days from the date of change. Failure of the Affiliate/Publisher/Partner to terminate the agreement within those 10 calendar days will constitute acceptance of the changes to this contract.

12.2 All obligations under this Agreement which by their nature would continue beyond the termination and /or expiration of this Agreement shall survive such termination and/or cancellation.

12.3 Save in the case of fraudulent misrepresentation and/or fraudulent concealment, this Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior communications, undertakings and agreements relating to it.

12.4 No extension of time or other indulgence which may be granted by any Party to this Agreement shall constitute a waiver of the strict rights under this Agreement of the Party granting the extension of time or other indulgence.

12.5 Nothing in this agreement grants either Party exclusive rights in relation to the other Party. Either Party is entitled to enter into similar arrangements with third parties during the term.

12.6 The Affiliate/Publisher/Partner irrevocably covenants, promises and agrees to indemnify Hoseasons and to hold Hoseasons harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, arising from any and all claims and lawsuits for copyright, slander, libel, and trademark violation as well as all other claims resulting from member's web pages.

12.7 If any Affiliate/Publisher/Partner violates or refuses to take part in their responsibilities, or commits fraudulent activity against us, Hoseasons reserves the right to withhold payment and take appropriate legal action to cover its damages.

12.8 Hoseasons gives no warranty, express or implied, for any and all services and products provided, including, but not limited to, warranty of merchantability and warranty of fitness for a particular purpose. This statement expressly includes any reimbursement for losses of income due to disruption of service by Hoseasons or its upstream providers.

12.9 If any provision of this agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected thereby.

13. GOVERNING LAW

13.1 This Agreement shall be governed for all purposes by and interpreted in accordance with English law and any dispute arising out of the same shall be referred to the non-exclusive jurisdiction of the English courts to which Hoseasons and the Affiliate/Publisher/Partner hereby submit.

13.2 The Affiliate/ Publisher/Partner must be 18 years or older to sign up as a Hoseasons Affiliate/Publisher/Partner.