ROAMFREE ASIA PACIFIC PTY LTD - AFFILIATE TERMS & CONDITIONS
This document is intended to govern contractual relationships between:
• Roamfree Asia Pacific Pty Ltd ACN 139 374 422, situated at Level 5 / 50 Appel Street Surfers Paradise Queensland 4217,
Australia. RFP
• And the affiliate which has been identified on the registration form (the Affiliate).
1. The Link
RFP 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 RFP
RFP reserves the right to reject any application at its sole discretion, without having to justify its refusal in any manner
whatsoever. RFP will refuse affiliation to any site which (the list is not exhaustive) directly or indirectly:
• Has a content of violent, racist, extremist or defamatory nature;
• Offer pornographic, erotic, religious, political or other types of content;
• Does not comply with any law or regulation in force or infringes third-parties rights; or
• Which might be detrimental in any way whatsoever, to RFP's brands, image or reputation.
The Affiliate acknowledges that its online acceptance of the terms and conditions upon initial login to the Global
Accommodation Search 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:
• has a content of violent, racist, extremist or defamatory nature;
• offer content of a pornographic, erotic, religious, political or other nature; or
• which might be detrimental in any way whatsoever, to RFP's brands, image or reputation;
And will:
• comply with any law or regulation in force and observe third-parties rights
• comply with the graphic components in reproducing the RFP and Partner logo and brands and not modify them in any
way;
• not modify the HTML codes required to create the links to the RFP and its Partners site;
• not assign, transfer, license or deal with any of the Affiliates' rights under this agreement;
• Ensure that the accommodation is not discounted by forfeiting affiliate commission. The accommodation must be sold at
the same price it is listed in the RFP; and
• Affiliates must always have its URL powered by Roamfree.
The access to programs and data contained in the RFP 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 RFP.
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. RFP has
no liability for anything the accommodation provider does or fails to do.
5. Application Access
RFP 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 RFP who undertakes not to transfer them
to any third party.
6. The Fee
In exchange for setting up the link on the Affiliated site, RFP 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. RFP 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 RFP client and the RFP minimum payment threshold). The RFP 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
RFP 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.
RFP 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 RFP 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 RFP acceptance of affiliate's application for the RFP Affiliate Program, and ends
when terminated by either party. Either the Affiliate or RFP may terminate this Agreement at any time, for any reason or
no reason, by giving the other party written notice of termination. Within 24 hours after termination (whether by the Affiliate
or RFP), the Affiliate must remove RFP links and any copies of the RFP and it's partners Intellectual Property from its site
and must destroy or erase from computer memory. Amounts earned and collected by RFP before termination will be paid
to the Affiliate.
10. Testing of Site
RFP may test the Affiliate’s site, and if such Affiliate site does not comply with this Agreement, RFP, 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. Exclusion of Accommodation Providers
RFP may alter this agreement to exclude certain properties at any time, for any reason by giving the Affiliate written notice
of this change.
12. 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.
13. Force Majeur
RFP 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.
14. 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.
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 |
Affiliate not Registered for GST in |
|
Accommodation Provider Based |
$110 (includes GST of $10.00) |
$100 (includes no GST) |
Accommodation Provider Based |
$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.
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.
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.
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 www.globalaccommodationsearch.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.