AFFILIATE MARKETING
AGREEMENT
This Agreement ("Agreement") is made on this day of ____________, (the "Effective Date"), between
Rentout International Limited, a company duly incorporated under the laws of the Republic of Malta, with CRN number C108358 and its registered address at no. 2 Geraldu Farrugia street, Zebbug, Malta, ZBG4351("Company"),
and
___________, with a CRN number ____________ a company duly incorporated under the laws of _______________, with its registered address at ______________ ("Publisher").
These terms constitute a legally binding agreement between the Company and the Publisher, when the Publisher creates its account on the Company website and accepts the Terms and Conditions of the Company.
DEFINITIONS
"Publisher" or “Influencer” means an individual or business entity that is legally bound by this Agreement to promote the Company's services and direct potential customers or clients to the Company's mobile application and website to reserve a vehicle and complete this reservation through it.
"Qualified Sale" means a completed car hire trip through the Company's services to a customer referred by the Affiliate, where the customer has paid in full for the services and such sale has been confirmed completed by the Company.
"Affiliate Commission" means the monetary compensation that the Company pays to the Affiliate for each Qualified Sale, as set forth in this agreement.
"Affiliate Link" refers to the unique tracking link provided by the Company to the Affiliate for the purposes of tracking referrals and calculating Affiliate Commissions.
"Affiliate QR Code" refers to the unique tracking QR Code under a link provided by the Company to the Affiliate for the purposes of tracking referrals and calculating Affiliate Commissions.
SCOPE OF SERVICES
The Publisher shall market, promote,and direct potential customers to the services (the "Services") of the Company using specific URL’s, QR Codes, Marketing Materials providedby the Company under the Affiliate account.
The Affiliate will use its best effortsto actively and effectively advertise, market and promote the Services as repetitive as possible to generate new customers.
COMMISSION
The Company shall pay the Affiliate a 50% of its commission service fee based on the Completed Number of Reservation generated from new customers directed by the Affiliate's efforts.
The "Completed Number of Reservation" shall be tracked and displayed to the Publisher account accordingly with the commission fee, the number of the completed trips and days, customer name and the proper commission fee for the Publisher.
1. The commission rate will be 50%of the Company service fee for completed reservations brought by the Publisher.
The total amount of the commission fees will be paid on a monthly basis, by the Company every 1st day of the Month directly to the Publisher bank account (less the bank commission fees).
The Affiliate may confirm through its Publisher account detailed monthly information and calculation of the commissions.
DUTIES AND OBLIGATIONS
Publisher Duties: The Affiliate agrees to perform the following duties:
- Publisher agrees to promote the Company's services using the Publisher Link and QR Code in accordance with the terms of this Agreement and in compliance with all applicable laws and regulations;
- Publisher agrees not to make any false or misleading statements about the Company's services;
- Publisher agrees to use the Publisher Link or QR Code in a manner that does not negatively impact the Company's reputation or brand image; and
- Publisher is solely responsible for any expenses incurred in connection with the promotion of the Company's services and the use of the Publisher Link and QR Code.
- It is understood that the Publisher is an independent contractor and not an agent, partner, or employee of the Company. The Publisher shall not have any authority to enter into any agreements or obligations on behalf of the Company.
Company Duties: The Company agrees to perform the following duties:
- The Company will provide the Affiliate with the Affiliate Link and QR Code and any necessary promotional materials to effectively promote their services;
- The Company will provide necessary training and support to the Affiliate to enable them to fulfill their obligations under this agreement effectively;
- The Company will track the customers referred by the Affiliate using the Affiliate Link and calculate the Affiliate Commissions due to the Affiliate; and
- The Company will pay the Publisher Commissions to the Publisher in accordance with the terms set forth in the Commission terms above this agreement.
- The relationship between the Company and the Publisher is non- exclusive. Both Parties are free to enter into similar agreements with other parties unless otherwise specified in this Agreement.
- The company has equipped its platform with an affiliate client tracking system to monitor reservations until they reach the "Finished" status. However, to ensure proper tracking, the affiliate client must enable the tracking services on his mobile phone. Should the affiliate client refuse this service, the system may interrupt the tracking process, thereby preventing the system from completing the commission for that particular trip.
TERM AND TERMINATION
This Agreement will begin on the date of the Publisher account creation online and will be renewed every 12 months from its registration until terminated by the Company if the flat monthly rate it is not accomplished by the Publisher and upon 30 days’ written notice.
Upon termination, Publisher will be entitled to unpaid commissions, if any, earned by Affiliate on or prior to the date of termination.
This Agreement may only be amended, modified, by another agreement in writing signed by each Party.
LIABILITY AND INDEMNITY
Each Party will indemnify, defend and hold the other Party harmless, including costsand attorneys' fees, from any claim or action brought by a third party relating to the negligence, gross negligence, or intentional misconduct of the other Party.
Neither Party shall be liable to the other for any special, indirect, incidental, punitive, or consequential damages arising from or related to this Agreement.
DATA PRIVACY AND PROTECTION
The Affiliate must comply with all data protection laws and regulations applicable to them in their handling of user data obtained in relation to this Agreement.
The Affiliate must not disclose, or allow any third party to access, any user data without the prior written consent of the Company.
INTELLECTUAL PROPERTY
Publisher Partner acknowledges that the Company and its licensors own all rights, title, and interest in the service(s), product(s), and all intellectual property rights therein. Nothing in this Agreement gives Publisher Partner any right, title, or interest in the service(s), product(s) or any associated trademarks, except the right to sell the service(s) in accordance with this Agreement.
CONFIDENTIALITY
Each party agrees not to disclose or use the other's proprietary information without the prior written consent of the other party. This sectionshall remain in force evenafter termination of the Agreement.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Malta. All disputes arising under or in relation to this Agreement shall be subject to the exclusive jurisdiction of the courts of the First Hall of the Civil Court.
ENTIRE AGREEMENT
This Agreement constitutes the entire contract between the Parties concerning this transaction, and replaces all previous communications, representations, understandings, and agreements, whether verbal or written between the Parties to this Agreement or their representatives.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of the Affiliate account creation online.
The Company Publisher
Rentout International Limited
Director Legal representative
