Affiliate partner Contract
Parties to a contract
This Agreement is between the Adriagate d.o.o. tourist agency with its headquarters located at Velebitska 71, 21000 Split (hereinafter Adriagate) and the owner of the website that has completed the affiliate application (hereinafter Affiliate Partner).
Article 1. Based on this Agreement Adriagate gives the Affiliate Partner the right to advertise tourist products from the database owned by Adriagate.
Article 2. Adriagate 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 Adriagate on text links or banners of an additional website the Affiliate Partner is obligated to inform Adriagate.
Article 4. Adriagate approves a commission for the Affiliate Partner according to the achieved turnover from the sales of the basic services of Adriagate. 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.
Article 5. The percentage of the affiliate commission in relation to the yearly turnover is as follows:
| Revenues in EUR (annually) | Commission (%) |
| up to 5 000 | 5 |
| 5 000 - 10 000 | 6 |
| 10 001 - 20 000 | 7 |
| 20 001 - 30 000 | 8 |
| 30 001 - 50 000 | 9 |
| more than 50 001 | negotiable |
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.
If the turnover exceeds 5,000 EUR but less than 75% of turnover is realized in private accommodation, the maximum amount for services can be 6%.
The sale of ferry tickets is not included in the affiliate programme, and therefore does not imply receiving the affiliate commission.
Article 6. Adriagate does not pay commission on cancelled reservations. The affiliate commission is paid out on the basis of the turnover visible within the affiliate account.
Article 7. Adriagate is obligated to draw up a monthly commission statement by the 10th of the following month.
Article 8. Affiliate Partner is obligated to issue an invoice for the commission of every accounting period should the invoice exceed the minimal amount of 150 Euro. Each invoice can only be issued for one accounting period except when the total amount does not exceed the aforementioned amount.
If Affiliate partner issues an invoice that does not exceed the amount of 150 Euro, the invoice will be paid, but in that case transaction fees are to be settled by the recipient.
Article 9. If the affiliate partner is a legal person, he/she is under obligation to issue an invoice with the claimed amount to Adriagate.If the affiliate partner is a natural person from Croatia, it is necessary to sign a piece-work contract. In this case the realized profit represents the gross amount of the affiliate partner's profit, and the affiliate partner will be paid the net amount of the profit, after all the obligations to the state are settled. If the affiliate partner is a natural person from abroad he takes on the responsibility to pay associated taxes to the state, while Adriagate is not liable should the affiliate partner not pay the associated taxes to the state.
Article 10. Adriagate 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.
Article 11. If Affiliate partner issues an invoice that exceeds the amount of 150 euro, expenses for the bank transfers of Croatian banks are the responsibility of Adriagate, while any remaining transfer expenses are the responsibility of the Affiliate Partner.
If Affiliate partner issues an invoice that does not exceed the amount of 150 Euro, the transaction fees are to be settled by the recipient. VAT is included in the commission.
Article 12. The customer service of Adriagate is responsible for all reservation phases which include: handling inquiries, confirmation of reservations, charging for reservations, as well has handling claims and cancellations.
Article 13. Adriagate is obliged to provide the affiliate partner with online access to their user account, in which they can monitor all joint activities of cooperation and that include:
- 1. instructions on how to install the program
- 2. affiliate link and banner generator
- 3. statistics that show the number of clicks, the number of inquiries, the number of reservations and the number of cancelled reservations
- 4. 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 7.
Article 14. The information displayed on the web pages of www.adriagate.com is considered to be correct at the time the information is entered. All information shall be checked regularly and possible errors shall be corrected. Adriagate reserves the right to change information in the description and prices of individual accommodation units on their web pages without prior notification.
Article 15. Information on the web pages of the Affiliate Partner in regards to the offer of Adriagate-a must be in accordance with the information displayed on the web pages of www.adriagate.com in the event that Adriagate 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 17.
Article 16. 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 17. For any infringement on the reputation of Adriagate the Affiliate Partner bears financial responsibility and loses the right to any commission. Should that be the case Adriagate 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 Adriagate offer (sending mass e-mails) and publicizing content that is not in accordance with the business principles of Adriagate and the like.
Article 18. Adriagate 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 Adriagate and request permission. It is not prohibited to use texts belonging to Adriagate so long as the Affiliate complies with all copyright laws (listing sources and links). Graphic material on the web pages of Adriagate 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 Adriagate reserves the right to a one-sided termination of this Agreement without the Affiliate Partner being entitled to a termination period.
Article 19. Adriagate reserves the right to refuse affiliate cooperation on websites where the content is not in accordance with the business standards of Adriagate (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 Adriagate.
Article 20. Adriagate 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 Adriagate. Should the Affiliate Partner not notify Adriagate within 15 days of the changes being publicized that it does not agree with the changes in writing, Adriagate will assume that the Affiliate Partner is in agreement with all changes that have been made.
Article 21. 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 Split.
In Split, March 1, 2010
Become an Adriagate affiliate partner!
Sign up today!
Become an Adriagate affiliate partner!
Sign up today!