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Affiliate Terms of Service

 

Affiliate Terms of Service

Tourboks.com ApS (“Tourboks”, “www.tourboks.com”, “we”, “us”, or “our”) provides an online platform that allows Suppliers who have knowledge and experience with a particular travel destination or activity to sell their products services and information online (the “Products, Services and Information”).


The Distribution Partner (“Partner”, “Affiliate”, “affiliator”, “you”, “your”, “he”, or “his”) owns, supervises, manages, and operates one or more Internet-Domain(s) and Website(s).

Tourboks provides Services to the Partner, including but not limited to various technical and manual Solutions (API integration, Widget integration, White Label integration, B2B accounts, offline support), in order to facilitate distribution and resale of the Products, Services and Information (the “Services”).


The Partner and Tourboks (the “Parties”) agree that the Partner will distribute (directly or indirectly) Products, Services and Information of Tourboks to the customers and visitors of the Partner Website(s), in compliance with the conditions of these terms.

By using the Services, you agree to comply with and be legally bound by these terms of services (the “Terms“, or the “agreement”) and our Privacy Policy, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all content hereof (the “Content”) and constitute a legal binding agreement between you and Tourboks.


Please read carefully these Terms and our Privacy Policy, each of which must be accepted by you prior to using our Services. If you do not agree to these Terms or our Privacy Policy, you have no right to obtain information from or otherwise using the Services. Failure to use the Services in accordance with the Terms or the Privacy Policy may subject you to civil and criminal penalties.

Relationship between the Parties

 

The Partner and Tourboks agree that they operate their websites independently and are solely responsible for their own websites, technically and with regards to content and design. This agreement does not constitute a corporation, an association, an employment contract, a contract of brokerage, or an agency agreement between the parties. Unless otherwise agreed in writing, neither party may publish anywhere on their website(s), neither explicitly nor by implication, that the website is part of, supported by or is an official website of the other party.
The Partner understands and agrees that Tourboks is not a party to any agreements entered into between Suppliers and Travellers, nor is Tourboks an insurer. Tourboks has no control over the conduct of Suppliers, Travellers and other users of the Services and disclaims all liability in this regard.

Technical specifications

 

Integrating with Tourboks Products, Services and Information is enabled and warranted by various integration facilities, for example API, White Label, XML, Widget or similar facilities, (the “facilities”) to be chosen by the Partner. The Partner bears all expenses for the integration of the chosen facilities in his website(s). The exact positioning of the facilities on the Partner's website(s) will be agreed upon by both parties.

License

 

Tourboks grants the Partner the non-exclusive, limited, free of charge, and world-wide license for the duration of this contract to i) display parts of Tourboks Products, Services and Information on the Partner's website(s), as provided to the Partner by Tourboks and ii) solicit and merchandise the Products, Services and Information in accordance with the terms and conditions of this contract.
The Partner grants Tourboks hereby the free of charge, limited, and world-wide license to i) integrate and display the chosen facilities in the Partner's website(s) and ii) provide his service on the Partner's website(s) for the duration of this contract.
The Partner is not authorized to sub-license his granted rights or the facilities, with which he enables access to Tourboks website, to a third-party.

General Agreements, Acknowledgements and Obligations

 

The Partner agrees to not engage in or refrain from activities that interfere with the affiliation between Tourboks and the Products, Services and Information and Suppliers offered on the Tourboks website. Furthermore, the Partner may not make negative or in any way harmful representations about Tourboks or its business concept.
The Partner agrees it will not communicate with Tourboks Suppliers or customer service regarding bookings registered through Tourboks, without the prior written consent of Tourboks.
The Partner is obligated to maintain and modify the contents of the Partner website(s) accordingly and accurately, further, to keep the Partner website(s) up-to-date and error-free as well as to immediately edit errors (if any) pointed out by Tourboks.
The Partner is not authorized to systematically analyze or extract information (including guest reviews) from Tourboks website. The Partner is not authorized to manufacture copies of the content or a part of Tourboks website on his server.
The Partner may not in any way use any content of the Tourboks website on or through a third party platform.


Layout of Websites
The Partner ensures that the Partner-Website(s) (including all other websites (directly or indirectly) owned by the Partner or the Partner's company), exclusive of Microsites (if any), sufficiently (at the discretion of Tourboks) differ(s) from the Tourboks Website and will continue doing so. Tourboks website may not be copied or imitated (in general or in regards to certain (new) functions, pages, forms, compilations or aspects) in any way for the duration of this contract and thereafter.


Intellectual Property
Tourboks shall retain the ownership of any and all intellectual property rights (meaning any and all rights in any patents, trade marks, service marks, registered designs, applications (and rights to apply for any of those rights) trade, business and company names, internet domain names and e-mail addresses, unregistered trade marks and service marks, copyrights, database rights, know-how, rights in designs and inventions (“Intellectual Property Rights”) that may subsist in anything produced by Tourboks in the course of this engagement.  Throughout the duration of this agreement, the Tourboks shall be deemed to automatically grant a royalty-free, exclusive licence of any and all such rights to the Partner to use the same in accordance with these Terms.


Upon termination of this agreement, all licences granted by Tourboks shall automatically terminate. 
Tourboks reserves all its rights under this agreement, including but not limited to, all rights to its Intellectual Property Rights.


Similar Domain-Names 
The Parties agree that the Partner may not in any way register, apply for, merchandise, sell, offer, solicit, (sub-)license, provide, grant access, forward, publish or distribute domain names similar to Tourboks or which may generally cause confusion in the eyes of the public between the service provided by Tourboks and the Partner.


Non-Solicitation Clause
Unless otherwise agreed in writing, the Partner agrees to refrain from contacting, acquiring, or accepting suppliers of offers and services on Tourboks website i) as business partners for bookings or reservations (directly or indirectly) on or through the Partner-website(s), ii) for sales or advertising purposes or other (online) advertising or marketing tactics (whether as a banner, pay-per-click, links, pop-ups or in any other way) on the partner website(s) or iii) for any other reason.


Exclusivity
The Partner agrees to abstain from any involvement of services and/or suppliers on his website(s) that are already available on Tourboks website.


Price Comparison
The Partner insures that, when presenting price comparisons on his website(s), service prices of competitors (direct or indirect) of Tourboks will be displayed error-free, accurately and non-misleadingly.

Financial & Payment Terms

 

Payment terms vary depending on the facilities and integration method chosen by the Partner.

API Solution

For Partners that have chosen to integrate with Tourboks via API (XML), Partner agrees to receive and buy from Tourboks at discounted prices, the Products, Services and Information of Tourboks. Discount rate is agreed between the two parties and applied on all Products, Services and Information of Tourboks. Partner will resell Products, Services and Information of Tourboks on his own website, under his brand and collect funds on his own. Upon successful purchase on his website, Partner will need to return the agreed NET prices for the Products, Services and Information of Tourboks he sold, applying the below terms:

  • Partner agrees to pay Tourboks once per month, in arrears, for the fees due. 
  • Tourboks will issue an invoice to the Partner for bookings made from the 11th of the past month to the 10th of the current month. Payment shall be made via bank transfer within 5 days of the date the invoice is issued. 
  • Most payment methods are accepted , however prior written consent of Tourboks is required if anything other than bank transfer is propsed.
  • The Partner agrees to pay Tourboks in euros.
  • The Partner agrees to accompany all monthly payments toTourboks with a full report mentioning all relevant Tourboks and Partner’s Booking Reference Codes for the amounts transferred
  • If the Partner fails to pay the sums due within the 5 day payment terms, interest shall accrue automatically without separate notice in accordance with the provisions of the EU Late Payment Directive 2011/7/EU and the Danish Rent Act at a rate of eight (8) per cent above the official rate of the Danish National Bank together with applicable late payment charges. Tourboks reserves the right and absolute discretion to apply a lower amount of interest if it sees fit, in the circumstances.
  • The Partner shall be responsible for all taxes, such as VAT, sales and use tax, gross receipts tax, withholding tax, and any similar tax, imposed on or in connection with the services rendered, other than Tourbok’s income and property taxes.

Widget Solution

For Partners that have chosen to integrate with Tourboks via Widget, Partner agrees to place a widget at Partner’s Website. Tourboks agrees to track traffic coming from the Widget placed at Partner’s Website and for each direct, successful booking of Products, Services and Information of Tourboks coming directly from the Widget, Tourboks agrees to give a commission to Partner. Commission level is agreed between the two parties and applied on all successful bookings of Products, Services and Information of Tourboks coming directly from the Widget placed at the Partner’s Website.
Tourboks agrees to pay Commission to the Partners that have chosen the Widget Solution, applying the below terms:

  • Tourboks will pay Partner widget affiliates on the 20th of each calendar month on a monthly basis; 
  • Tourboks will transfer payments to the Partner each time the total amount of funds from the Commission level of all their successful bookings is equal to or exceeds EUR 50. 
  • Tourboks will pay Partner via Paypal. Any other payment method could be accepted if commonly agreed in written by both Tourboks and the Partner.

White Label and other customized integration methods / facilities

For White Label Solution and all other customized integration methods / facilities, payment terms will be commonly agreed in written by both Tourboks and the Partner.

Warranties and guaranties

 

The Parter's Guarantees

The Partner warrants to Tourboks and guarantees that the Partner-website(s) do not a) contravene public order and common decency b) contain inappropriate, illegal or unlawful contents, statements, materials, information, links, or banners (for example with regard to pornography or racism), defamatory statements or elements that invade or otherwise violate the privacy of a third party or are obscene.

Security and Operation

Both parties must take any appropriate economical measures to protect and secure their website(s) and to maintain operation of their website(s). The Partner recognizes and confirms that he alone is responsible for the security of his website, as this is an aspect that Tourboks cannot influence.

Liability

 

To the extent permitted by law, Tourboks does not accept responsibility for any losses which may arise from our engagement. We do not accept liablity for any consequential loss, including, but not limited to, loss of profit, data, goodwill, reputation, or any other indirect loss, including loss of business or otherwise.
The Partner shall ensure that it has in place at all times suitable and valid insurance that shall include public liability insurance.
In the event that the Partner fails to perform the Services with reasonable care and skill it shall carry out any and all necessary remedial action at no cost to Tourboks.
Tourboks’ total liability for any loss or damage caused as a result of its negligence or breach of these Terms shall be limited to any sums paid in the preceding 6 months before the breach occurred.
The Partner shall indemnify Tourboks against any and all costs, liability, damages, loss (including any indirect and consequential losses), claims or proceedings arising out of the Partner’s breach of these Terms and/or any act or omission of the Partner.

Cancellation policy

 

Each Service Provider featured on the Site has a different cancellation policy. Tourboks’ customers must comply with the policy of each operator and Service Provider who they purchase a tour from. Read the terms and conditions of the tours to understand their cancellation policy. Please note there will be a cancellation fee of 2,6EUR (€2.60) payable to Tourboks applicable to all cancellations.

Agreement period, termination of agreement, and suspension of the agreement

 

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to the Services, (b) deactivate or cancel your account and (c) terminate this agreement. Upon termination we will promptly pay you any outstanding amounts, which we are legally obligated to pay you and Tourboks retains the right to withhold the reason for termination. In the event Tourboks terminates these Terms or your access to the Services or deactivates or cancels your account you will remain liable for all amounts due hereunder, which will become immediately due and owing. You may cancel your account at any time by sending an e-mail to info@tourboks.com.

Non-disclosure

 

Confidential Information

The Parties mutually agree to the non-disclosure of all information, observations, and documents that are part of the commercial privacy of the other party, especially the information and data of customers or business partners of the other party.
When in doubt about the affiliation of information, observations and data, and commercial privacy, mutual consultation obligations are to be observed.
The parties, their employees, and any called-in third parties agree to maintain the above mentioned confidentiality.

 

Customer Data

The parties must take any appropriate economical measures to secure the secrecy and confidentiality of customer data and to protect this customer data from unauthorized use or publication. 
The parties warrant that they are fully compliant with EU Regulation 2016/679 – General Data Protection Regulation (“GDPR”) and other applicable laws. By entering into this contract you warrant that you, as a Partner or proposed Partner, comply with GDPR when processing any data from customers or from our staff and other relevant individuals.
You also warrant: that you have adequate data security for securing information such as encryption or pseudonymisation where necessary; that you have procedures in place for investigating and remediating any breaches of personal data, and that you notify us where applicable; that you implement data protection by design where applicable; that you keep full and complete records to fulfill any data subject access requests; that you can demonstrate compliance with your processing obligations; that you will fully cooperate with us where necessary.
We explicitly disclaim against all liability for any act or omission of Partners particularly in relation to their use of personal data, and you hereby indemnify us for any and all costs, expenses and losses (including indirect and consequential), which may arise in relation to this use of personal data.
See Tourboks' Privacy Policy regarding our collection and use of personal data.

 

Ownership of Confidential Information

The parties agree that the sole ownership of confidential information remains with the disclosing party and the receiving party only uses the confidential information for purposes concerning the fulfillment of this contract. All copies of confidential information must be returned or destroyed upon request of the other party.

Disclaimers

 

If you choose to use Tourboks’ Services, you do so at your sole risk. You acknowledge and agree that Tourboks does not have an obligation to conduct background checks on any member, including but not limited to, Travellers, users and Suppliers, but may conduct such background checks in its sole discretion. The Facilities, and the Services are provided ”as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, Tourboks explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of the course of dealing or the usage of trade. Tourboks makes no warranty that the Facilities, and the Services including but not limited to the Products, Services and Information, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Tourboks makes no warranty regarding the quality of any Products, Service and Information, the Services or the Facilities or the accuracy, timeliness, truthfulness, completeness or reliability of the Services and the Facilities.

Entire Agreement

 

These Terms constitute the entire and exclusive understanding and agreement between Tourboks and the Partner regarding the Services, the Facilities and any bookings of a Product, Service and Information and the Terms supersede and replace any and all prior oral or written understandings or agreements between Tourboks and the Partner regarding the Services, the Facilities, and any bookings of a Product, Service and Information.

Assignment

 

You may not assign or transfer these Terms, by operation of law or otherwise, without Tourboks' prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Tourboks may assign or transfer these Terms, at its sole and absolute discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Choice of Law and Venue

 

These Terms will be governed by the laws of Denmark, without regard to its conflict-of-law provisions. Any dispute arising from these Terms must be brought before the courts of Denmark.

General

 

The failure of Tourboks to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Tourboks. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a provision of these Terms is invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting Tourboks

 

If you have any questions about these Terms, please contact Tourboks at info@tourboks.com.