AFFILIATE PARTNER AGREEMENT
By becoming an affiliate partner of northbound.is, the Affiliate hereby agrees to and accepts the following terms and conditions:
(A) The Supplier (northbound.is) is an Online Travel Agent that carries on the business of car rentals and day tours, offering a platform where multiple travel companies can offer their products.
(B) The Affiliate wishes to resell the Supplier's car rental services, day tour, or packaged services to The Affiliate's customers for a commission stated on the Affiliate's admin panel.
Terms and Conditions
1. Commencement and Duration.
1.1. The Services supplied under this agreement shall be provided by the Supplier to The Affiliate from the Commencement Date for a minimum period of 12 months.
2. Supplier Obligations:
2.1. The Supplier shall commit to providing the Services in accordance with the details listed in Schedule One.
3. Affiliate Obligations
3.1. The Affiliate shall:
co-operate with the Supplier in all matters when it is reasonable to do so relating to the Services;
provide all the Services in accordance with Schedule Two.
3.2. The Affiliate shall not use the services of any other supplier of car rental services during their partnership with The Supplier.
3.3. The Affiliate shall provide all the necessary support during the partnership so that the Supplier can provide the Services.
3.4. The Affiliate agrees that any promotion or marketing of the Affiliate Website, northbound.is or the Service that the Customer may undertake or conduct shall comply with the following provisions:
Paid Search: the Customer shall not (directly or indirectly) purchase or use any term or keyword which is the same as or confusingly similar (including variations, misspellings, and singular/plural forms) to:
the term(s) but not limited to: Northbound, www.northbound.is, www.iceland4x4rental.com, www.icelandjournal.is(with whatever (country code) top-level domain) or
any trademarks or trade name belonging to any of the car rental suppliers offered on northbound.is for example but not limited to Thrifty, Geysir, Go Car Rental, Arctic Car Rental, Europcar, Icerental4x4, Orange Car Rental and so on.
Search Engine Optimization ("SEO"): The Affiliate may not use any term which is the same as or confusingly similar to the Northbound Brands or the Third Party Brands in any activity intended to unfairly influence the results of any Third Party Platforms unless agreed otherwise by Northbound.
The affiliate agrees to comply with Google webmaster quality guidelines and continually check for updates to remain within compliance. Partners found using techniques violating them will be given 30 days to rectify any known issues before we terminate our agreement. This includes using automatically generated content, participating in link schemes, cloaking, sneaky redirects, hidden text or links, doorway pages, scraped content and abusing rich text snippets.
3.5. The Affiliate shall comply with any reasonable request from northbound.is to stop using any paid search term or SEO which is subject to a third-party complaint.
3.6. The Affiliate agrees to not communicate with any car rental supplier regarding any bookings or customer service for bookings made through the system.
4. Charges And Payment
4.1. The Supplier shall ensure that payment is made to The Affiliate in accordance with Schedule 3 of this agreement.
5. Intellectual Property Rights
5.1. The Supplier grants permission to The Affiliate to use the northbound.is name and logo so that The Affiliate may promote the Supplier's Services during the agreement.
5.2. The Affiliate grants permission to the Supplier to use The Affiliate's Intellectual Property Rights so as to allow the Supplier to provide the Services during the Term.
6.1. Either party may terminate this agreement without liability to the other immediately on giving notice to the other if:
6.1.1. the other party breaches any of the terms in this agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or
6.1.2. an order is made or a resolution is passed for the winding up of the other party, or circumstances arise which entitle a court of competent jurisdiction to make a winding-up order of the other party; or
6.1.3. the other party ceases or threatens to cease, to trade.
6.2. The agreement may be terminated with 1 month’s written notice at any time by either party.
6.3. Both parties will keep confidential all technical or commercial know-how, including specifications, processes, initiatives and any confidential information concerning the business, services or products.
6.4. This clause 9 shall survive termination of this agreement however arising.
7.1. If any clause (or part of a clause) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.
8. Governing Law And Jurisdiction
8.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by and construed in accordance with, the law of Iceland.
9. Loss of Profits
9.1. The Supplier shall not be responsible for any loss of profits, business, anticipated savings, goods, contract, use, data, information. This includes any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
9.2. The Supplier’s total liability in contract, for (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the particular aspect of the Services which is the subject of the claim.
10. Force Majeure
10.1. The Supplier shall have no liability to the Affiliate under this agreement if it is prevented from or delayed in performing its obligations under this agreement by acts, events, omissions or accidents beyond its reasonable control.
11. Supplier's Services
- Provision of a car rental booking engine.
- Provision of a day tour booking engine.
- Provision of travel packages.
- Provision of (dynamic) car rental banners.
- Provision of booking widgets and banners.
- Provision of confirmation widgets and banners.
- Any other agreed method.
12. The Affiliate's Services
12.1. The Affiliate will co-operate in the maintenance and correct functioning any car hire sections across the Affiliate portfolio during the whole duration of the contract. Any substantial changes to the current layout or way the customers have access to the car hire section will have to be agreed in advance with northbound.is.
12.2. In order to ensure the highest levels of conversion in the sites, the Affiliate will offer car rental services at all appropriate points of sale where possible:
- Via a car rental tab.
- In the car rental page.
- In the confirmation page of flight, hotel, etc through a car rental widget.
- In the confirmation email of flight, hotel, etc through integrated banners.
- Any other agreed method.
The Supplier will pay a % gross car profit share on all completed bookings that may be tracked to the affiliate's account. The amount is dependant on the affiliate's current percentage agreement which may range from 30-40%. The profit share for the rental amount of the booking will be paid to The Affiliate's bank or PayPal account once the rentals have been completed (i.e. the rental period has passed and the rental car has been returned to the rental company or the tour is successfully completed) once the overall amount exceeds £50.00, €75.00 or $100. These are paid at the end of the following month. The paid amount to the affiliate is the agreed percentage share of Northbound's own percentage share of the purchased product with the subtraction of VAT and a 3% processing fee. The Affiliate must provide accurate bank or PayPal details before any integration is activated. Under these circumstances, Northbound.is reserves the right not to pay these commission amounts.
Note for Icelandic affiliates: Invoices from all Icelandic affiliates must include VAT.