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AFFILIATE AGREEMENT BY REGISTERING AND SIGNING UP TO THE BOOKING.COM PARTNER PROGRAMME AS AFFILIATE PARTNER, THE AFFILIATE HEREBY AGREES, ACKNOWLEDGES, ACCEPTS AND AGREES TO THE TERMS AND CONDITIONS OF THIS AFFILIATE AGREEMENT (THE “AGREEMENT”). BETWEEN: 1. BOOKING.COM B.V., a company incorporated under the laws of the Netherlands and having its registered seat at Herengracht 597, 1017 CE Amsterdam, the Netherlands (“”), and 2. THE AFFILIATE, whose details are set out in the Affiliate Partner Registration Form (the Affiliate Partner Registration Form) (the “Affiliate”). WHEREAS: (i) operates an online accommodation reservation system (the “System”) through which participating Accommodations (collectively the “Hotels”, each a “Hotel”) can make their rooms available for reservation, and through which visitors can make reservations at such Hotels (the “Service”); (ii) maintains and exploits its own websites (the “ Websites”), and also provides the Service and links to the Service on the websites of third parties; (iii) the Affiliate owns, controls, hosts and/or operates one or more Internet domains and websites; (iv) the Affiliate and wish that the Affiliate makes the Service (directly or indirectly) available to its customers and visitors of the Affiliate Website(s) and in such form and on such terms and conditions as set out in this Agreement. HAVE AGREED AS FOLLOWS: 1. DEFINITIONS AND INTERPRETATION 1.1 Definitions In addition to terms defined elsewhere in this Agreement, the following definitions apply throughout this Agreement, unless the contrary intention appears: “Accommodation” means any form of accommodation, including but not limited to hotels, motels, guest houses, bed & breakfasts, hostels, villa’s, apartments, lodges, inn, guest accommodation, resort, condominium, camping accommodation and any other (type of) accommodation or lodging provider (whether or not available on the Websites). “Affiliate” means the Party of which the relevant (contact) details are set out in Affiliate Partner Registration Form. “Affiliate Group” means the Affiliate and the ultimate holding company of the Affiliate (including the group of companies or entities which are under the (direct or indirect) Control of (the ultimate holding company or shareholder(s) of) the Affiliate). “Affiliate Partner Registration Form” means the online sign up and registration form to be completed by the Affiliate. “Affiliate Website(s)” means the website owned, controlled, hosted and operated by the Affiliate on which the Service shall be made available which URL’s are set out in the Affiliate Partner Registration Form. “Black Hat” (also called spamdexing) means any attempt to redirect search results to particular target pages in a fashion or manner that is in violation of the Spamming Regulations. Black Hat SEO tactics include: keyword stuffing, hidden text and links, doorway and cloaked pages, link farming and blog comment spam. “ Competitor” means any competitor of (including Accommodations) that is either offering online travel related (e.g. accommodation) compare and/or reservation services (such as an OTA, global distribution systems, tour operators, meta-platforms, etc.) or is targeting the same customer need as (such as e-commerce platforms, device manufacturers, financial institutions, business travel, etc.) “ Brands” means any term or keyword which is the same as or confusingly similar to (including any variations, translations, misspellings and singular/plural forms of) any of following term(s): Booking, Bookings, Agoda, Active Hotels, or Priceline (with or without any associated Internet domain names (with whatever (country code) top-level domain) (e.g.,,,,, “ Data” means the Intellectual Property Rights of and the Content as provided to the Affiliate under this Agreement and such other information from time to time owned or used by or embodied or included in Websites or made available by to the Affiliate (e.g. rates and availability). “ Websites” means the website(s) of “Cloaking” means a Black Hat search engine optimization (SEO) technique in which the content presented to the search engine spider is different to that presented to the user’s browser, with the purpose to deceive search engines so they display the page when it would not otherwise be displayed. Cloaking includes the doorway page technique and the Open Directory Project web directory. “Commission” means the amount in Euro (excluding VAT) that will pay to the Affiliate for each Materialised Transaction, which amount shall be paid to the Affiliate prior to and independent of any payment made by the relevant Hotel to “Connections” means all links, landing pages and/or XML feeds and/or deeplinks and/or hyperlinks, created, hosted and maintained by “Content” means all (descriptive) information of Hotels available on the Website including but not limited to hotel information and descriptions, guest reviews, meta data, details of facilities and (cancellation/no show) policies and general terms of the Hotels (including any translations thereof) and photos, video, pictures, but excluding rates and availability (including any updates, modifications, replacements, additions or amendments). “Control” means the possession of the power or the ability to (directly or indirectly, alone or in concert with others, whether through the ownership of voting securities or other ownership interests, a partnership or otherwise) (i) exercise or cause to exercise more than one-half of the voting rights in the shareholders’ meeting of a company, (ii) appoint more than one-half of the ((non-)executive) directors or supervisory directors of a company, or (iii) direct or cause the direction of management relating to a company. “CPA” means costs per action. “CPC” means cost per click. “CPM” means cost per mille (impressions). “CPV” means cost per visitor or cost per view in the case of pop ups and unders. “Customer Data” means the Guest’s name, address (including email address), credit card details and such other confidential and private information of a Guest. “Data Controller” means the party which determines the purposes and means of processing of personal data. “Double Serving” means multiple ads on the same results page of a search engine with the purpose to direct traffic to similar websites or pages with similar content. “Effective Date” means the date on which the Service is made available to the Guests on the Affiliate Website(s). “Fraudulent Reservations” means a reservation that has not materialized (no show) and for which an invalid/stolen credit card has been used or a successful refund was made by the card holder. “Guest” means a visitor of the Websites that completed a hotel reservation via the Service. “Hotel” means any Accommodation available on or through the Websites. “Hotel Brands” means any term or keyword which is the same as or confusingly similar to (including any variations, translations, misspellings and singular/plural forms of) any trademarks or trade name (whether registered or unregistered) belonging to or owned by any Hotel. “Intellectual Property Right” means any patent, copyright, inventions, database rights, design right, registered design, trade mark, trade name, brand, logos, service mark, know-how, utility model, unregistered design or, where relevant, any application for any such right, know-how, trade or business name, domain name (with whatever (country code) top-level domain, e.g. .com, .nl, .fr, .eu) or other similar right or obligation whether registered or unregistered or other industrial or intellectual property right subsisting in any territory or jurisdiction in the world. “Link” means an embedded icon, object, graphic, or text within a web page or email that consists of a hypertext pointer to the URL address of on the Affiliate Website(s). “Materialised Transaction(s)” means the reservation by a visitor of the Affiliate Website(s) who, through the Connection, has made a reservation with a Hotel, and which reservation has resulted in the actual provision of accommodation, as confirmed to by the Hotel. “Micro Site” means all white label versions of the primary website of, which are owned, created, hosted and maintained by The Micro Site may be marked with a ‘powered by’ logo. “Parties” means and the Affiliate (each individually a “Party”). “Price Comparison” means the comparison of hotel prices and/or availability made available from or by two or more online hotel booking platforms. “Spamming Regulations” means any policies, regulations, restrictions or obligations as from time to time prescribed, declared applicable or announced by Third Party Platforms which (i) prohibit or prevent Double Serving, Cloaking or any similar technique or method, or (ii) contain such further restrictions or regulations in respect of spamming or preserving a unique user experience. “Third Party Platforms” means any (third party) search engine (marketing provider), website, meta-search engine, search engines spiders, travel search sites, price comparison sites, social networking communities, browsers, content sharing and hosting services and multimedia blogging services or other (similar) channels or other forms of (traffic hosting) media, whether online or offline. “Transaction Fee” means the fee received by from each Hotel for each Materialised Transaction. “Websites” means the website(s) of and its affiliated companies and affiliated partners (including the Affiliate Website(s)) on which the product and service of is available. “XML” means an xml connection between the database and the Affiliate’s database which can be provided by 1.2 No Partnership 1.2.1 This Agreement is not intended, nor should anything herein or in any of the arrangements contemplated herein, be construed, to create a joint venture or the relationship of partners, partnership or principal and agent between or among the Parties. Unless the Parties agree otherwise in writing, none of them shall (i) enter into any contract or commitment with third parties as agent for or on behalf of the other Party, (ii) describe or present itself as such an agent or in any way hold itself out as being such an agent, or (iii) act on behalf of or represent the other Party in any manner, or for any purpose. 1.2.2 Unless agreed otherwise in writing by or save as set out otherwise in this Agreement, the Affiliate shall not publish anywhere on the Affiliate Website(s) any statement, either express or implied, that the website is part of, endorsed by, or an official website of 2. SCOPE OF THIS AGREEMENT 2.1 Non-exclusivity Subject to the terms and conditions of this Agreement, the Affiliate shall operate as a non-exclusive distributor (affiliate) of 2.2 Service 2.2.1 For the term of this Agreement, Parties have agreed that the Service shall be made available by to the Affiliate as set out in Affiliate Partner Registration Form (i.e. Link, or Micro Site) and on the website(s) as set out in Affiliate Partner Registration Form (i.e. the Affiliate Website(s)). 2.2.2 When a booking is made by a visitor on or through the Affiliate Websites through the System, shall be solely responsible for the transmit of the relevant reservation details from the visitor who completed a booking to the Hotel (e.g. the date of arrival, number of nights, room type, and room rate, guest name, address and credit card details) and (sending of) the subsequent (email) confirmation to the Guest. 2.2.3 The Service shall include customer services to and for the benefit of the Guests. The Affiliate shall promptly refer and/or forward all customer service related issues and questions in respect of the Service, (the consummation of) the booking (including any amendment or cancellation of the booking), the Hotel and all other relevant (payment) issues, complaints and questions directly to (the customer service center of) and not provide any further services in this respect. 2.2.4 The offer of the Service through Micro Site do not include the following features: temporary tests on (other than the “test hotel” made available for the Affiliate Website(s)), guest reviews and such other (new) features as at its sole discretion may determine. 2.3 Link or Micro Site 2.3.1 In the event that the Service is made available through the Link, the Affiliate shall at its own costs integrate and make the Link available at such prominent place(s), web-pages and in such place, size and form on the Affiliate Website(s) as mutually agreed upon by Parties. 2.3.2 In the event that the Service is made available through the Micro Site, the Affiliate shall at its own costs integrate and make the Connections and/or the Micro Site available at such prominent place(s), web-pages and in such place, size and form…


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