These are the Terms & Conditions that you will be required to accept to participate in the ROAMFREE Affiliate Program.

ROAMFREE ASIA PACIFIC PTY LTD - AFFILIATE TERMS & CONDITIONS

This document is intended to govern contractual relationships between:

 

1. The Link
ROAMFREE has set up an affiliate program aimed at allowing a link between the roamfree.com internet site currently at the URL address http://www.roamfree.com ("the Site") and the site of an affiliate ("the Affiliated site"). Using an icon, a banner, a search engine, a hypertext link to a page of the Site will allow visitors at the Affiliated site to be re-routed to the Site and make reservations for various types of accommodation (the link) with accommodation providers.

2. Acceptance of the affiliate by ROAMFREE
ROAMFREE reserves the right to reject any application at its sole discretion, without having to justify its refusal in any manner whatsoever. ROAMFREE will refuse affiliation to any site which (the list is not exhaustive) directly or indirectly:

The Affiliate acknowledges that its online acceptance of the terms and conditions upon initial login to the Roamfree Affiliate Network Administration constitutes acceptance of this Agreement.

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:

And will:

The access to programs and data contained in the ROAMFREE and Partner sites does not confer upon the Affiliate any right to these programs or data which shall remain the exclusive property of their authors or ROAMFREE.

4. Acknowledgment about Accommodation
The reservation is made directly between visitors of the Affiliated site and the accommodation providers. The accommodation providers are responsible for the proper booking and provision of services resulting therefrom. ROAMFREE has no liability for anything the accommodation provider does or fails to do.

5. Application Access
ROAMFREE will allocate each affiliate its own confidential code and password allowing it direct ongoing access to the Site, to view a detailed report on the reservations generated by the Affiliated site and the remuneration to which the affiliate is entitled. The Affiliate recognizes that all of the files shall remain the property of ROAMFREE who undertakes not to transfer them to any third party.

6. The Fee
In exchange for setting up the link on the Affiliated site, ROAMFREE will remunerate the Affiliate based on a combination of the number of room nights booked via the Affiliated site, after subtracting out any cancellations that may have been made on these reservations at the end of each month. ROAMFREE 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 (Subject to payment being received from the ROAMFREE client and the ROAMFREE minimum payment threshold). The ROAMFREE minimum payment threshold is $200 AUD in any given month. If the minimum payment threshold is not reached in any given month all commissions will be accrued into the next month and paid once the minimum threshold has been reached.  A recipient created invoice will be issued for all payments showing the commission earned from each booking.

7. Privacy
ROAMFREE will not use information from any customer that has been generated by an Affiliate e.g. email, data base mining etc. for above and below the line customer marketing or approach Affiliate past customers without the Affiliates approval. ROAMFREE 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.

8. Date of effect
This Agreement shall take effect after acceptance by ROAMFREE of the application of the Affiliate and receipt by the Affiliate of an e-mail confirming that it has set up the link

9. Term of the agreement
The term of this Agreement begins upon ROAMFREE acceptance of affiliate's application for the ROAMFREE Affiliate Program, and ends when terminated by either party pursuant to clause 11

10. Testing of Site
ROAMFREE may test the Affiliate’s site, and if such Affiliate site does not comply with this Agreement, ROAMFREE, 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.

11. Termination

11.1 The parties may terminate this Agreement at any time in their sole discretion upon seven (7) days 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. Upon such termination, all Commissions that are below the Minimum Threshold shall be forfeited by the Affiliate.

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

11.3    If the Company elects to terminate this Agreement pursuant to clause 11.3, all Commissions earned by the Affiliate that have not been paid to the Affiliate shall be forfeited.

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

12 Amendments

12.1 ROAMFREE 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 11.

The Affiliate will be able to view the current version of this Agreement at the following URL address: http://www.roamfreeaffiliatenetwork.com/_pages/terms.htm

13. Exclusion of Accommodation Providers
ROAMFREE may alter this agreement to exclude certain properties 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 Majeur
ROAMFREE 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
Commissions for bookings will be paid at the following rates;
Year Round Bookings (outside 28 Days) up to 10.00% including GST (where applicable)
Last Minute Bookings (inside 28 Days) up to 6.00% including GST (where applicable)
Where the booking is sourced from an Accommodation Provider based within Australia and you are an Affiliate not registered for GST in Australia your commission will be 9.09%. Your commissions can be summarised in the following example of a $1,100 booking made outside of 28 days;

Affiliate Registered for GST in
Australia (Amount Affiliate will receive)

Affiliate not Registered for GST in
Australia (Amount Affiliate will receive)

Accommodation Provider Based
in Australia

$110 (includes GST of $10.00)
$100 (includes no GST)

Accommodation Provider Based
in Country other than Australia

$110 (includes no GST)
$110 (includes no GST)

Where an Affiliate supplies bank account details for commission payments, the payments will be paid by EFT in affiliate local currency where possible.
Where RFP cannot pay affiliates by EFT, commissions will be paid by cheque in affiliate local currency, US dollars or Australian dollars.


18. Bank Transfer Fees
For all payments made to you we will deduct a Bank Transfer Fee. The Bank Transfer Fee will be charged at a rate of $1.00 for every bank transfer or cheque payment made. This amount includes GST where applicable and will be deducted from any payments made to you.


19. Merchant Fees
You may be charged up to 2.2% of the booking value as a merchant fee where the consumer makes a booking using their credit card. This amount includes GST where applicable and will be deducted from any payments made to you.


20. Recipient Created Tax Invoices

This agreement between Roamfree Asia Pacific Pty Ltd ACN 139 374 422 of Level 5, Gateway Building, 50 Appel Street Surfers Paradise Qld 4217 (herein referred to as the ‘Supplier’) and the Recipient of the supply (herein referred to as the ‘Recipient’) the Recipient has agreed to issue recipient created tax invoices, in respect of the supplies under this RCTI agreement upon the terms and conditions detailed below.


In this agreement:


“Determinations” means the Determinations of the Commissioner of Taxation set out as Schedule 1 to Goods and Services Tax Ruling GSTR2000/10 entitled “Goods and Services Tax: Recipient Created Tax Invoices” and Determination RCTI 2000/23.


“GST” means goods and services tax.


“GST Law” has the same meaning as in section 195-1 of the A new Tax System (Goods and Services Tax) Act 1999 (Cth).


“RCTIs” means recipient created tax invoices that satisfy the requirements of the GST law and associated rulings and determinations, including the Determinations.


1. The Supplier has the right to receive a fee from the Recipient, pursuant to Terms and Conditions of being an affiliate of the Supplier (“the Supply”). The Affiliate Terms and Conditions are available on http://www.roamfreeaffiliatenetwork.com and are subject to change without notice.

2. The parties agree that the Recipient can issue RCTIs in respect of the Supplies.

3. The parties agree that the Supplier will not issue tax invoices in respect of the Supplies.

4. The Supplier acknowledges that it is registered for GST, and will notify the Recipient if it ceases to be registered for GST.

5. The Recipient acknowledges that it is registered for GST, and will notify the Supplier is it ceases to be registered for GST.

6. The Recipient will not issue a document that purports to be an RCTI on or after the date when the Recipient or Supplier has failed to comply with any of the requirements of the Determination. The Supplier will inform the Recipient in writing within 5 working days of becoming aware of it failing to comply with any of the requirements of the Determination.