Parties to a contract
This Agreement is between the Infinity d.o.o.
with its headquarters located at Dinka Simunovica
11 21000 Split (hereinafter madeincroatia.net)
and the owner of the website that has completed
the affiliate application (hereinafter Affiliate
Partner). Article 1
Based on this
Agreement madeincroatia.net gives the Affiliate
Partner the right to advertise tourist products
from the database owned by madeincroatia.net.
Article 2
madeincroatia.net
is bound to ensure the Affiliate Partner access
to information and tools required for a quality
presentation, to update the database regularly,
as well as notify the Affiliate Partner of
new additions to their offer.
Article 3
The Affiliate
Partner can implement the same affiliate links
on several websites under its ownership by
listing all sites on the affiliate application.
In the event that the Affiliate Partner places
madeincroatia.net on text links or banners
of an additional website the Affiliate Partner
is obligated to inform madeincroatia.net.
Article 4
madeincroatia.net
approves a commission for the Affiliate Partner
according to the achieved turnover from the
sales of the basic services of madeincroatia.net.
A percentage of the commission is determined
by the achieved turnover in a single accounting
year. An accounting year begins with the first
date in the month in which the partner has
filled out the application and lasts for the
next 12 months, in other words 12 accounting
periods.
The percentage of the affiliate commission in
relation to the yearly turnover is as follows:
5 %
The sojourn tax along with additional services
(for example pets, a crib and the like) is not
included in the amount calculated for the commission
of the Affiliate Partner.
madeincroatia.net does not pay commission on
cancelled reservations. The affiliate commission
is paid out on the basis of the turnover visible
within the affiliate account.
madeincroatia.net is bound in creating a monthly
calculation of the commission within the first
two working days of the following month.
Article 5 For
every accounting period the Affiliate Partner
is bound to issue an invoice for the turnover
achieved, should the invoice exceed the minimal
amount of 150 Euro. On the contrary, the Affiliate
Partner is not obligated to issue an invoice
for that accounting period. The due affiliate
commission for the previous period shall be
paid when it amounts to 150 Euro.
madeincroatia.net is bound by this Agreement
to pay the Affiliate Partner a commission
within 30 days of receiving the invoice. Any
change in the amount of the commission following
a percentage increase or due to cancelled
reservations shall be calculated retroactively
in the next accounting period together with
the commission for the next accounting period.
Expenses for the bank transfers of Croatian
banks are the responsibility of madeincroatia.net,
while any remaining transfer expenses are
the responsibility of the Affiliate Partner.
VAT is included in the commission.
Article 6
The customer
service of madeincroatia.net is responsible
for all reservation phases which include:
handling inquiries, confirmation of reservations,
charging for reservations, as well has handling
claims and cancellations.
Article 7
madeincroatia.net
is obligated to enable the Affiliate Partner
access to the online user account which monitors
all joint activities of cooperation and that
includes:
1. instructions on how to install the program
2. a list of affiliate links and banners
3. statistics that show the number of clicks,
the number of inquiries, the number of reservations
and the number of cancelled reservations
4. a report for every accounting period
Statistical data is variable within the current
month while the final value can be seen following
the completed monthly calculation from Article
4.
Article 8
The information
displayed on the web pages of www.madeincroatia.net
is considered to be correct at the time the
information is entered. All information shall
be checked regularly and possible errors shall
be corrected.
madeincroatia.net reserves the right to change
information in the description and prices
of individual accommodation units on their
web pages without prior notification.
Information on the web pages of the Affiliate
Partner in regards to the offer of madeincroatia.net-a
must be in accordance with the information
displayed on the web pages of www.madeincroatia.net.
In the event that madeincroatia.net informs
the Affiliate Partner of incorrect information
on their web site, the Affiliate Partner is
obligated to make the necessary changes within
48 hours of being notified. Failure to do
so will make the Affiliate liable under the
terms outlined in Article 10.
Article 9 A
completed affiliate application is identical
to a signed Agreement. This Agreement is concluded
for a term of one year following the date
of the completion of the affiliate application.
The Agreement can be terminated by either
party with a termination period of one month
and a settlement of all obligations that came
into effect for the duration of the Agreement.
If the Agreement is not terminated in writing
one month prior to the termination date, the
Agreement continues to be valid for a period
of one year.
Article 10
For any infringement
on the reputation of madeincroatia.net the
Affiliate Partner bears financial responsibility
and loses the right to any commission. Should
that be the case madeincroatia.net reserves
the right to a one-sided termination of the
Agreement without the Affiliate Partner being
entitled to a termination period.
Infringement is regarded as the "spam method"
of advertising madeincroatia.nets offer (sending
mass e-mails) and publicizing content that
is not in accordance with the business principles
of madeincroatia.net and the like.
Article 11.
madeincroatia.net
reserves all rights pertaining to the company
name, trademark, logo, slogan, texts, programs
and graphic solutions.
Alteration of the logo, header or banner on
behalf of the Affiliate Partner is prohibited.
In the event that the Affiliate requires to
advertise using a different presentation format
or content than that which is offered, the
Affiliate is required to submit a proposal
to madeincroatia.net and request permission.
It is not prohibited to use texts belonging
to adriatica.net so long as the Affiliate
complies with all copyright laws (listing
sources and links).
Graphic material on the web pages of adriatica.net
can only be used with written consent.
Every unauthorized usage of graphic or written
material will result in the Affiliate Partner
financially compensating the owner of the
material while adriatica.net reserves the
right to a one-sided termination of this Agreement
without the Affiliate Partner being entitled
to a termination period.
Article 12
madeincroatia.net
reserves the right to refuse affiliate cooperation
on websites where the content is not in accordance
with the business standards of madeincroatia.net
(violence, any form of discrimination, illegal
activities, erotica, pornography and the like).
The owner of the refuted websites can re-submit
a request for affiliate cooperation in-so-far
as changes are made to the disputable content
or another personally owned website is suggested
that is in accordance with the standards of
madeincroatia.net.
Article 13
madeincroatia.net
reserves the right to change the General Terms
or individual articles in accordance with
its requirements without prior written or
verbal notification. New changes take effect
following their publication on the Internet,
while the Affiliate Partner can find out the
information regarding these changes by regularly
checking out the web pages of madeincroatia.net.
Should the Affiliate Partner not notify madeincroatia.net
within 15 days of the changes being publicized
that it does not agree with the changes in
writing, madeincroatia.net will assume that
the Affiliate Partner is in agreement with
all changes that have been made.
Article 14 Any
and all claims and disputes arising from or
related in any way to this Agreement shall
be settled by mediation. If mediation fails
any and all claims and disputes arising from
or related in any way to this Agreement shall
be settled under the jurisdiction of the Commercial
Court in Zagreb.
Split, October 01, 2005
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