Airtrain Affiliate Partners Agreement
This Agreement outlines the terms and conditions that apply to participation in the Airtrain Affiliate Partner program. As used in this Agreement, "Airtrain" means Airtrain Citylink Pty Ltd, Brisbane Airport, and "you" means the applicant. "Airtrain website" means www.airtrain.com.au, the landing website for Airtrain, and "your site" refers to the website that you will link to the Airtrain website.
Becoming an Affiliate Partner
Airtrain are a transportation company that seeks to affiliate with online businesses. All industry businesses are welcome to apply, however approval lies solely at the discretion of Airtrain.
To become an affiliate partner, you must register your interest with Airtrain by completing the online application form. You must tick the box that confirms you have read this agreement. The submission of the application constitutes your agreement that you have read and agreed to all of the terms and conditions contained in this document.
If Airtrain accepts you as an affiliate partner, you will receive an e-mail confirmation which will include the instruction of how to link your site to the Airtrain website.
Airtrain may reject your application if it is determined that your site is unsuitable for the affiliate partner program. Unsuitable websites include (but not limited) to those that:
- promote sexually explicit or adult orientated materials, including dating services
- promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- promote illegal services or material, including email or internet spamming and hacker practices
- otherwise violate intellectual property rights.
Due to the nature of our business we are very mindful of the content featured on our affiliate partner websites and try to ensure these partnerships will not offend nor be deemed inappropriate by our customers.
Your Obligations
As an Airtrain affiliate partner you agree to actively promote Airtrain on your website.
Airtrain will forward you a confirmation email that will advise you the links you need to insert on your website. As an affiliate partner you agree to actively promote the sales of Airtrain tickets through your affiliate link.
If you do not achieve any sales in the period of six consecutive months, your affiliate membership may be suspended. You may apply for the reinstatement of your membership once you are ready to actively sell Airtrain tickets again. If you should not achieve any sales in the period of six consecutive months after your second application, your affiliate membership shall be terminated indefinitely.
You will be solely responsible for the development, operation and maintenance of your site as well as for all materials appearing on it. Your responsibilities include, without limitation, all aspects of the technical operation of your site (including the proper formatting of links so as to permit tracking of sales) and ensuring that the content of your site does not violate or infringe the rights of any third party. Airtrain disclaims all liability for these matters and you shall indemnify and hold harmless Airtrain from and against all damages, claims and expenses relating to them.
Airtrain's Obligations
Airtrain will take care of all customer services, including the taking, processing and fulfilment of orders, for customers who follow links from your site to the Airtrain website, and make a booking. Airtrain will be responsible for tracking all sales that come from links on your site. You will receive a referral fee which will include GST for each successfully completed transaction total, during a session that originated from such a link. (No credit will be given for cancelled bookings.) Your referral fee payments will be paid directly into the bank account you nominate noted on the application form.
Payments will be made one month after the close of every calendar month. An invoice will be issued summarising sales and fees payable for the period.
Term of the Agreement
The term of this Agreement will commence upon Airtrain's acceptance of your application and will continue until terminated. Subject to clause 5 below, either party may terminate this Agreement at any time by giving at least 30 days written notice, which may be given by e-mail, to the other party. Referral payments to you in respect to customers who may follow links from your site to purchase tickets after this agreement is terminated, will not be payable.
Modifications
Airtrain shall have the right at any time to change or modify the terms and conditions of this agreement or to impose new conditions. Such changes, modifications or additions shall be effective immediately upon notice thereof, which may be given by any means including by posting on Airtrain's website. The absence of notice of termination, which will be effective immediately, by you, will constitute your binding acceptance of the change, modification or addition.
Relationship of Parties
You and Airtrain are independent contractors, and nothing in this Agreement shall be deemed to create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You do not have the right to accept any offers on behalf Airtrain or to act for or bind Airtrain in any manner and you shall not make any statement, whether or not on your site, to indicate otherwise.
Limitation of Liability
In no event will Airtrain be liable for any indirect, special, or consequential damages arising in connection with this Agreement, your role as an affiliate partner or any item sold under this Agreement.
Disclaimers
Other than as required by law, Airtrain make no express or implied warranties or representations with respect to any item sold pursuant to this Agreement or with respect to the operation of the Airtrain website.
Content
You acknowledge that the Airtrain website contains information, data, graphics and other material protected by copyrights and trademarks and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
