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Agreement Terms

This confirms the terms and conditions of our agreement for you to be an affiliate ("Affiliate") of the Needahotel.com affiliate programme ("Programme") for marketing the products of Needahotel.com ("Products") over the Internet in return for a commission ("Agreement").

In this Agreement, "we", "us" and "our" mean Needahotel.com and "you", "your" and "yours" mean the Affiliate.

  1. You will complete and submit the Affiliate Application. We will notify you of your acceptance or rejection by email. Your acceptance to the programme is at our sole discretion. If you are not accepted to the programme you are welcome to reapply at any time. 
  2. Our acceptance of your application to become an Affiliate means you are authorised to establish links to Needahotel.com's website ("Website") from your website ("Affiliate Website") to promote and enable bookings for the Products.
  3. We will make available to you both graphic and textual Needahotel.com links ("Links") for display on the Affiliate Website in accordance with this Agreement. The Links will identify the Affiliate Website as a member of the Programme and will link the Affiliate Website to the Website. You may display the Links as often and in as many areas of the Affiliate Site as you desire and we will provide guidelines for you to link to the Website.
  4. You will not misrepresent the relationship between you and us nor create the impression that the Affiliate Website is us or part of us.
  5. We will pay you a commission of total sales excluding VAT for each booking confirmed through the Affiliate Website link. At the end of each quarter the balance of all Commission due to you will be paid regardless of the amount. 
  6. In consideration for the Commission, you agree that you will use your best efforts to promote the Products of Needahotel on the Affiliate Website. You will not promote this affiliation outside the scope of the Links without our express prior written consent that will be given or withheld in our sole discretion. 
  7. Customers booking through the programme will be customers of Needahotel.com without affecting any status they may have as your customer. All bookings are subject to acceptance by us in accordance with our policies and operating procedures current at the time they are made via the programme at www.needahotel.com. We may change our policies and operating procedures at any time for any reason including being consistent with applicable laws. 
  8. We grant you a non-exclusive, non-transferable, royalty-free, revocable right to use the links, images and text described above solely to identify yourself as an Affiliate Website to the Programme and to assist in generating product sales. You may not alter or modify any of the images or text in any way. We reserve all of our rights in the images, trade names, trademarks and all other intellectual property rights. This licence may be revoked at any time by giving you prior written notice or on termination of this Agreement for any reason whatsoever. 
  9. You will be solely responsible for the development, operation, and maintenance of the Affiliate Website (including all related equipment) and for all materials appearing on it including the links. You will also be solely responsible for ensuring that materials posted on it do not violate or infringe upon the rights of any third party, (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights) and are not libellous or otherwise illegal. We hereby disclaim all liability for these matters and you agree to indemnify and hold us harmless from any and all claims, damages, and expenses, relating to the above. 
  10. We may modify any of the terms and conditions of this Agreement at any time and in our sole discretion by posting a notice of change and the Agreement as modified on the Website. We will also make commercially reasonable efforts to notify you of such changes prior to implementation. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement. Your continued participation in the Programme following our posting of a notice of change and modified Agreement on the Website will constitute binding acceptance by you of the change. 
  11. The term of this Agreement shall be for a period of three years from the date this Agreement is accepted and signed by us ("Initial Term"). The Initial Term will be renewed automatically for successive periods of one year ("Renewal Term") unless this Agreement is terminated. This Agreement may only be terminated with or without cause by either party giving 30 days written notice to the other party by email. Notice will be sent to the email address in the application unless the parties give notice otherwise. Upon termination of this Agreement for any reason, you will cease to use our logos, images or text (including the Links) and terminate your link to the Website. Commission will only be payable on bookings confirmed prior to the date of termination which are consumed. Any final payment may be withheld for a reasonable time to ensure compliance with the terms and conditions of this Agreement. 
  12. We make no express or implied warranties or representations with respect to the Programme or any products sold through the Programme including, without limitation, warranties of fitness, quality, non-infringement, or arising out of a course of dealing, performance, or trade usage. We also make no representation that operation of the Website will be uninterrupted or error-free, and we will not be liable for any interruptions or errors or their consequences. 
  13. Excluding claims for death and personal injury arising from our negligence, in no event will we be liable for any damages resulting from loss of data or use, lost profits or anticipated savings, nor for any damages arising as an indirect or secondary consequence of anything done or not done by us whether such damages were reasonably foreseeable or actually foreseen. In addition, our maximum liability to you for any cause whatsoever with respect to this Agreement and the Programme will be for direct costs and damages only and will not exceed the total of Commission paid or payable to you under this Agreement during the year preceding the event giving rise to the claim. 
  14. You shall be solely responsible for and hereby indemnify us, our parent company, directors, officers, employees and representatives against any and all claims, actions, demands, liabilities, losses, judgments, settlements, costs, damages, fines and expenses (including reasonable legal fees) in connection with, resulting from or arising out of: (i) your breach of any term, provision, representation, warranty or requirement of this Agreement; and (ii) any negligence or wilful misconduct by you, your agents or employees. 
  15. You may not assign this Agreement to any party without our written consent. Subject to this, this Agreement will be binding on and inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Nothing in this Agreement will create any partnership, joint venture or agency between us and you. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement. You accept that we may at any time, directly or indirectly, engage in similar arrangements on terms that may differ from those contained in this Agreement and that we may operate websites similar to or which compete with the Affiliate Website. 
  16. This Agreement will be governed by and construed in accordance with Irish law and both parties agree to submit to the exclusive jurisdiction of the Irish courts as regards any claim or matter relating to this Agreement regardless of conflict of law and any other mandatory legal provisions.