Content:
Article 1 – Definitions
Article 2 – Registration and acceptance
Article 3 – Use
Article 4 – Commission
Article 5 – Payment
Article 6 – Nullity Booqify.com Partnership
Article 7 – Termination Booqify.com Partnership
Article 8 – Effects termination Booqify.com Partnership
Article 9 – Liability
Article 10 – Miscellaneous
Article 11 – Governing law and jurisdiction
Article 1 – Definitions
The Partner Conditions shall apply:
Booqify.com: owned by the private company ITA Travel & Tourism Ltd., registered with number 514425834 and residing at Rothschild Boulevard 59/4, 6578506 in Tel Aviv, Israel.
Booqify.com Website: www.booqify.com
Partner: Any natural person aged 18 (in words: eighteen) years of age or legal entity who has accepted the Partner Terms and is accepted by Booqify as a partner in order to use its service.
Service: the provision of its website, available by Booqify, offering Links which provide access to online shops for buying online products and / or services and the payment of commissions to partners who through their User Link have made Successful Purchases.
Successful Purchase: an online purchase which has been approved by the affiliated merchant and for which Booqify.com receives commission.
Link: a unique link for each partner to the website of Booqify.com, published and promoted by the partner over the internet or disclose by the internet.
Affiliated merchant: online shops selling products and services and any other entity that offers commission based on sales via the Link.
User: every internet user who accesses the Booqify.com website via a link.
Article 2 – Registration and acceptance
2.1 Any natural person aged 18 (in words: eighteen) years of age and every legal person can register as Booqify.com Partner.
2.2 Application as Booqify.com Partner means that you accept the Partner Conditions and will respect them.
2.3 In order to be registered as a Booqify.com Partner you should:
(A) fill the application form as found on the website of Booqify.com completely and truthfully;
(B) confirm that you accept the Partner Terms by checking the notification on the registration form;
and
(C) be accepted as a partner by Booqify.
2.4 If you, as described in Article 2.3 sub a and b, act as a representative of one or more other persons or an organization, you must be authorized. Booqify.com has no duty to investigate in this matter.
2.5 Booqify.com informs you, in principle, within 7 (say: seven) days after receipt of the completed form, described in Article 2.3 sub a and b, if you are accepted as a partner.
2.6 Booqify.com reserves the right to change these policies at any time and to refuse or remove any listing for any reason.
2.7 If you are accepted as a partner by Booqify, Booqify.com may use your name through its Web site, communications and campaigns and, if applicable, accompanied by your photo or logo;
2.8 Collection of personal data under Article 2.3 sub a happens only for the benefit of the service and the processing of data happens only if necessary in the context of the service, all in accordance with the Data Protection Act.
Article 3 – Use
3.1 Upon acceptance as a Partner, Booqify.com provides to the partner a link with a unique partner code.
3.2 The Partner shall promote this Public Link, set out in Article 3.1, over the internet, particularly on their website (if partner has one) and in their advertisements and / or email messages. For this purpose Booqify.com provides to the Partner, buttons and banners with the logo of Booqify.
3.3 The Partner is responsible for the installation and use of the link, but shall at all times act in accordance with the guidelines and instructions by Booqify.
3.4 The Partner has the option to use other promotional materials provided by Booqify, such as standardized emails and texts and flyers and posters. Any shipping costs will be onbehalf of the Partner.
3.5 The Partner is entitled to use the name Booqify.com and the (other) Trade logos and other indicia of Booqify.com exclusively for disclosure of the link and its promotion of the Service used in the manner specified by Booqify. The Partner will thereby continue to follow all instructions from Booqify.
3.6 The Partner is not allowed to make changes to the name Booqify.com and the (other) trademarks, logos and other indicia of Booqify, and its use by the Partner shall not in any way
(possible) be misleading, or (potentially) be harmful to Booqify.
3.7 Subject to Article 3.5 and 3.6, the Partner will respect the copyright, trademark rights and other rights of an exclusive nature of Booqify.com and third parties.
3.8 The Partner shall refrain from any act or omission which Booqify.com and / or Partner (possible) acts contrary to the applicable laws and regulations. Booqify.com aspires to be a welcoming and inclusive community. It is not permitted inter alia, that (by) the content of the website of the Partner or any (other) document (such as ads or emails) which Partner:
(A) has a pornographic or violent nature;
(B) discriminate against race, sex, religion or belief;
(C) carry out, promotes or recommends illegal activities;
(D) can detract the good name and reputation of Booqify; and / or
(E) violates copyrights, trademark rights or other rights of any third party or Booqify;
(F) is inflammatory (e.g. name-calling, preaching, ranting, stirring up controversy, or venting frustrations).
3.9 If the Booqify.com Website is affected by the installation and / or the use of a link, Booqify.com is entitled to block the Link.
3.10 I realize that if I do, it may be removed by Booqify.com per our Terms of Use. I also accept that Booqify.com has final say over whether content is appropriate. I understand that if I repost content that’s been removed or continue to post content that violates these guidelines this contract may be terminated. Booqify.com reserve the right to change/edit/delete/move/merge any content at any time if they feel it is inappropriate, abusive, or incorrectly categorized.
3.11 Please make sure you own all of the content and information you post on Booqify.com. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically grant Booqify.com a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on Booqify.com. This IP License ends when you delete your IP content or your account unless your content has been shared with others. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
Article 4 – Commission
4.1 Subject to Article 5.3 in conjunction with Article 4.2 and 8.1 sub e of the Partner Terms
Booqify.com pays a percentage of the received commission via use of the Link, as described in Article 3.1, and a referral fee. Received commission means effectively received commission revenues by Booqify.com from affiliated merchants or by representatives of these merchants for individual transactions.
4.2 If a purchase is returned, cancelled and / or payment is reversed, Booqify.com does pay commission for this purchase to the Partner. Any commission already paid to the Partner has to be reimbursed to Booqify.
4.3 Booqify.com provides the partner insight into how, under Article 4.1 and 4.2, the total payment is composed.
4.4 Commission percentages for affiliated merchants are published on the website of Booqify.com and are subject to change. Percentages are calculated based on the net purchase price, excluding other costs (such as postage, booking and administrative costs) and reflect the commission paid to Booqifycom.
In case that, for whatever reason, a previously allocated commission to Booqify.com is reversed or reduced, then with immediate effect the related obligation of Booqify.com as described in Article 4.1
Is void or is reduced proportionately, also for the period that this change has not yet been published on the Booqify.com Website. If Booqify.com already has met its payment obligation
met, the partner must repay related commission on the basis of cancellation of payment.
Booqify.com will make every effort to update changed commission percentages as soon as possible on its Booqify.com Website, by adjusting the commission percentages and conditions.
4.5 Booqify.com is will try to add Affiliated Merchants requested by Partners and / or Users on its Website and negotiate as a high as possible commissions to maximise revenues for Partners.
4.6 Booqify.com does not exclude specific affiliate merchants on request.
4.7
Article 5 – Payment
5.1 Payment of commission by Booqify.com based on Article 4.1 in conjunction 4.2 of the Partner Terms to the Partner, in compliance with Articles 5.2 t / m 5.4 and 5.8, will be done monthly and directly to the account which the Partner has registered through Article 2.3 of the Partner Terms.
All possible payment expenses, excluding administration costs of Booqify.com be borne by the Partner.
5.2 No payment will be made if the data needed for payment to the Partner are not known to Booqify. If there is suspicion the the data needed for payment is not correct, no payment will be made until the information is corrected.
5.3 If the total commission payable to a partner by Booqify.com in a month is less than € 100.00 (hundred Euro), no payment will be done and the commission for that Partner will be saved. Payment will be made in the month in which the total amount of commission is € 100.00 (hundred Euro) or more.
5.4 Booqify.com does not owe or pay interest to the Partner.
5.5 Booqify.com is entitled at all times to deduct from the payment any amount that the Partners owes to Booqify.com on any grounds whatsoever.
5.6 Between Booqify.com and the Partner there is no (legally) ‘Partnership’ or a relationship of employer and employee or deemed to have been created.
5.7 The Partner is responsible for the payments based on fiscal and social legislation, taxes and social charges in respect of payments made to the Partner through Booqify. Booqify
assumes no responsibility in this regard.
5.8 Commission will be paid with VAT.
5.9 Commission will be paid in your local currency, i.e. the country you selected in your profile. The exchange rate used for commission that is received in other currencies is the exchange rate that was used to transfer commissions in the month of payment to Booqify.com, not the exchange rate of the date of the Successful Purchase.
Article 6 – Nullity Booqify.com Partnership
6.1 If at any time there is any abuse or a fraudulent act by the Partner, such as the Partner in breach of Article 2.3 in conjunction 2.4 Partner Terms (a) unauthorized use of someone else or
Uses identity of someone else or (b) is unauthorized represented, the Booqify.com Partnership (from now on: the Partnership) is considered void by Booqify.
6.2 If Article 6.1 of the Partner Terms is activated:
(A), all payments to the Partner of Booqify.com has to be repaid within a reasonable period;
and
(B) all rights of partner for payments fall due.
6.3 In case of invalidity of the Partnership pursuant to Article 6.1, Article 8.1
Sub a, b, c and d of the Partner Terms shall apply accordingly.
Article 7 – Termination Booqify.com Partnership
7.1 The Partner is entitled at any time to terminate the Service with immediate effect. The Partner should make this know by e-mail to Booqify. The time at which this email is sent is considered the moment of termination of the Partnership within the meaning of Article 8 of the Partner Terms unless Booqify.com and the Partner expressly agree otherwise.
7.2 Without prejudice to its other rights, Booqify.com is entitled to terminate the Partnership immediately, inter alia if:
(A) that Partner violates the Partner Terms or otherwise neglects the fulfillment of their obligations towards Booqify;
(B) the website of Partner site is in (possible) conflict with public order or morality, or in any way offensive or would (could) be violent, according to Booqify;
(C) Booqify.com can be damaged by the Partnership; and / or
(D) the Partner, as partner, is acting unlawfully towards Booqify.com and / or third parties, including tour guides, tour operators, tour agents, restaurants, hotels, authors, publishers, producers and performers.
7.3 Booqify.com shall inform the Partner by email of the termination of the Partnership pursuant to Article 7.2. The moment this email is send is regarded as the moment of termination of the Partnership within the meaning of Article 8 of the Partner Conditions, unless Booqify.com and Partner expressly agree otherwise.
7.4 The Partnership shall be deemed terminated if:
(A) for three (three) consecutive months no Successful Purchases have been done by users of the Link of the Partner;
(B) Booqify.com did not make a payment to the Partner during a whole year (12 months); or
(C) the Booqify.com Partner Program (hereinafter Partner Program) is stopped.
Article 8 – Effects termination Booqify.com Partnership
8.1 If the Partnership, for whatever reason, is terminated or deemed to be terminated:
(A) the partner immediately stops to disclose, via the internet, the Link given to him or her pursuant to Article 3.1 of the Partner Terms;
(B) Booqify.com is entitled to stop the service of provinding the Link to the Partner under Article 3.1 of the Partner Terms;
(C) Booqify.com is entitled to block the Partner from accessing the Booqify.com Website;
(D) the partner is no longer entitled to use the name Booqify.com and the (other) trademarks, logos and other indicia of Booqify.com consistent with the provisions of Articles 3.6 and 3.7 of the Partner Terms; and
(E) the Partner can no longer claim commission on the basis of Article 4.1 in conjunction 4.2 of the Partner Terms, excluding commission of Successful Purchases made by Users of the Link of the Partner before its partnership ended or was considered terminated, which is without prejudice that commission owed by Booqify.com to a partner of less than € 100.00 (hundred Euro) is not paid. If the total commission owed by Booqify.com to the partner in respect of Successful Purchases by Users of the Link of the Partner, done before its partnership ended or deemed as ended is less than € 100.00 (hundred Euro), Booqify.com has no obligation to pay commission and all of the Partner’s rights in that regard are lost.
8.2 Subject to Article 8.1 and Article 9 of the Partner Terms, Booqify.com and the Partner will not be able to claim any reimbursement by the other party in connection with the termination of the Partnership and hereby waive any right to any (damage) compensation.
Article 9 – Liability
9.1 The Partner is fully responsible and liable for his or her use, the development and maintenance, functioning and content of his or her website and all (other) documents (such as advertisements and e-mails) in which a Link is included. The Partner indemnifies Booqify.com of all claims in this regard.
9.2 Unless there is intent and / or gross negligence of Booqify, Booqify.com is not liable for any damage and / or costs of the Partner in connection to his or her participation in the Partner Program, including – but not limited to – damage and / or expenses resulting from the improper functioning of the Booqify.com Website, technical failures, etc.
9.3 Booqify.com is not liable for any damage and / or costs incurred by the actions or omissions by Affiliated Merchants or their representatives, such as – but not limited to – damage and / or
costs caused by improper functioning of their websites, technical failures, errors and inaccuracies in reporting, disapproving of a purchase, etc. Booqify.com is not responsible or liable for the content of their websites.
9.4 The Partner is fully responsible and liable for any damage and / or costs caused by errors and inaccuracies in the registration form, mentioned in Article 2.3 of the Partner Term. In this context it is also understood that errors and inaccuracies also means the not timely passing of any changes by the Partner. The Partner indemnifies Booqify.com for all related claims.
9.5 Booqify.com is not liable for any damage and / or costs incurred by abuse and / or fraudulent acts by the partner, such as the Partner in breach of Article 2.3 in conjunction with 2.4 of the Partner Terms (a) unauthorized use of someone else or Uses identity of someone else or (b) is unauthorized represented
9.6 In pursuant to Article 5.7 of the Partner Terms, the Partner guarantees compliance with all obligations under tax and social legislation and indemnifies Booqify.com from any liability in this regard.
9.7 If there are mistakes or errors in publications of Booqify, Booqify.com can not be held liable for any damage and / or costs caused by obvious errors and inaccuracies.
Article 10 – Miscellaneous
10.1 The Partner will never act as an agent or representative of Booqify.com and will not make any promises, in particular, or enter into obligations for or on behalf Booqify.
10.2 The Partner is not entitled to pass (part of) his or her partnership on to a third party unless Booqify.com has given written permission.
10.3 Booqify.com is entitled at any time to change the Partner Terms. The Partner will be electronically notified of changes. If the amended Partner Terms are not acceptable for the Partner, the Partner is entitled to terminate the Partnership in accordance with Article 7.1 of the Partner Terms. If the partner does not, within 10 (ten) days after the aforementioned
notification, terminate the partnership, the partner is deemed to have accepted the revised Partner Terms.
10.4 If one or more provisions of these Partner Terms at any time are void or become void, completely or in part, the rest of the Partner Terms still apply in full.
In that situation Booqify.com will amend the relevant provision(s) in conformity with the applicable law, and observing the purpose and the intent of the original provision(s).
10.5 If there is a situation between Booqify.com and Partner which is not regulated in the Partner Terms, it must be assessed in the spirit of the Partner Terms.
10.6 If Booqify.com does not always strictly monitors compliance with the Partner Terms, this does not mean that its provisions do not apply, or that Booqify, in any degree, would lose the right in to require, in other cases, strict compliance with the provisions of the Partner Conditions.
Article 11 – Governing law and jurisdiction
11.1 The Partner Policy and the Partnership will be governed exclusively by Israeli law and disputes in this regard will be submitted exclusively the competent court in Tel Aviv (Israel).
