Partnership Network Use Policy

February 18th, 2019

Please read the following rules before joining our Partnership Network.

1. General Provisions

1.1. The following policy (hereinafter the Policy) determines the conditions for using the software product and participating in the Travelpayouts partnership network. The rights to the aforementioned product and network belong to Go Travel Un Limited, registered as a legal entity under the laws of the Hong Kong Special Administrative Region on August 8th, 2011, Registration certificate no. 1658681, officially registered at 1504, 15/F Chinachem Tower, 34-37 Connaught Road Central, Hong Kong (hereinafter the Principal).

1.2. This Policy understands the tourism partnership network as a form of cooperation between the Principal, the Advertisers, and the Partners.

The Advertisers are the travel network participants who offer goods and services advertising by providing advertising materials (offers). The Advertiser can be a legal entity/ private entrepreneur offering the possibility of advertising via partnership programmes.

The Partners are partnership network participants who may publish the advertisers’ offers on different platforms. The Partner can be a natural/legal person or a private entrepreneur.

1.3. This Policy understands the Travelpayouts software product as a set of programming tools that can be accessed at https://www.travelpayouts.com/ for the following purposes:

• Registering on the website to get access to the Partner account
• Accessing partner tools to distribute them at the platform or elsewhere
• Receiving partnership rewards.

1.4. Partners fully and unconditionally accept the fact that their participation in the partnership network and product usage (including any of its parts) implies that they have familiarized yourself with this Policy, and accept it fully and unconditionally. If they do not accept the Policy in full, they must abstain from using the product and participating in the partnership network.

2. Using Travelpayouts

2.1. In order to become a Partner, you need to register at https://www.travelpayouts.com/ and create a Partner account.

The Principal under a non-exclusive license and free of charge provide the partner with non-transferable rights to use the product and participate in the network in every state of the world for purposes established in paragraphs 1.2.-1.3. of this Policy.

2.2. The Partner interacts with the network via the means of the product’s graphic interface that is provided to them. The Partner may use their account’s functions as well as partner tools and participate in the network based on the terms established in this Policy and in accordance with the product and network descriptions provided in the partners’ Help section at https://support.travelpayouts.com/hc/en-us/articles/203955593.

Partners may distribute the Advertiser’s offers on their platforms. If the user goes to the Advertiser’s website via the advertising material on the Partner’s platform and makes a deal that results in a payment, the deal is recognized as successful and the Partner has a right to a reward. The type of deal (purchase, subscription, registration, etc.) is determined in the description of every particular Advertiser’s programme.

2.3. The Partner is responsible for the safety of their partner network access login and password as well as their use, including cases of access by third parties.

2.4. The Partner is informed and consents to abstain from the following activities while using the network:

• interfering with the product’s functioning using means that may disrupt its operation;
• using any software or applications that have not been authorized by the Principal to interact with the product;
• modifying or improving the code, switching to other programming languages, decompiling, disassembling, decoding, emulating, violating the integrity, restoring the product source code or the source code for its parts;
• using the product or network for illegal purposes, i.e. making or imitating making of deals that go against the law, this Policy or the Advertisers’ conditions;
• breaching the Principal’s or the Advertisers’ intellectual property rights, including those covering trademarks and domain names;
• conducting any other actions that can be perceived by the Principal and the Advertisers as a violation of business ethics, goodwill, or as an abuse of rights, or fraud (misrepresenting the offer details, using unauthorized tools, traffic types, spam, deceiving the Principal, ignoring their messages, etc.)

In case of such events, the Principal has a right to disconnect the Partner from the network as well as take measures to protect rights that had been violated, including initiating legal proceedings, and/or criminal/administrative proceedings. In these cases, the Partner does not receive the reward.

2.5. The Principal has a right if they see fit to stop supporting the product operability, change the products function as well as bar the Partner from using the product. In this case, the partner must follow the requirement to stop using the product.

2.6. During the account registration process, the Principal demands consent to personal data processing and storage for purposes established in paragraphs 1.2. and 1.3.

2.7. The complete reward policy is made available by the Principal at https://support.travelpayouts.com/hc/en-us/sections/201008278.

2.8. The Partner consents to the following:

• The Principal shall independently keep a statistical and analytical record of their deals, and calculate the reward amount. The Advertiser shall give the final confirmation that the deal had been successful;
• The Partner shall upon request from the Principal/Advertiser provide credible information about themselves, their activities, traffic sources, platform statistics, as well as other information concerning network participation;
• The Partner shall independently examine the Advertisers’ partner programmes and their terms, as well as the information on network participation that the Principal publishes on https://www.travelpayouts.com/;
• The Partner shall without delay react to any of the Principal’s requests or messages considering complaints made by Advertisers or third parties. If there is no response from the Partner over the course of 12 hours, the Principal may resort to measures established in paragraph 2.4. of this Policy;
• The Principal may not be held accountable for any damages or disruptions caused by third party websites, software or technical errors on the Partners’ side, or any damages caused by limited or malfunctioning Internet connection.

3. Accountability

3.1. The product is provided as is. The Principal shall not guarantee its infallible or uninterrupted functionality, as well as the infallible and uninterrupted functionality of its components, and its correspondence with the Partner’s expectations and particular goals. The Principal also shall not guarantee any capacities apart from those directly mentioned in this Policy or partnership Help sections (https://support.travelpayouts.com/hc/).

3.2. The Principal shall not be held accountable for any direct or indirect consequences of any kind of use or failure to use the product (including data), and/or any damages that the Partner or any third parties have suffered as a result of use, non-use or failure to use the product or any of its parts, components or functions (including data) even if this occurred as a result of errors or malfunctions of the product.

3.4. The Partner is solely responsible to third parties for their actions considering their use of the product and network participation, including cases where said actions lead to third-party rights or interests’ violations. The Partner is also responsible for compliance with the law.

3.5. In the event of any disputes, the Partner shall use pre-trial management before initiating legal proceedings to settle the said dispute by sending a corresponding letter to the Principal using their address as well as an electronic copy of said letter to support@travelpayouts.com. The Principal shall review the claim and respond to it over the course of 30 days starting the moment the claim is received by the Principal.

4. Intellectual Property Rights

4.1. Intellectual property rights as well as results of intellectual activities that are part of the Principal’s software product, including text, images, design, databases, know-how, trademarks, brand names, and other identification means, etc. belong to the Principal or had been licensed to him by the rights holder.

4.2. Using the aforementioned (paragraph 4.1.) objects of intellectual property is possible only as a part of the product functionality. The Partner agrees that using the product does not give him any intellectual property rights to the aforementioned objects except the rights clearly stated by this Policy.

4.3. It is presumed that intellectual property rights to the Advertisers’ goods and services belong to them or had been licensed to them by the rights holder.

5. Concluding Notes

5.1. The Principal reserves the right to unilaterally adjust this Policy as they deem necessary at any given time. The Partners are notified of the changes and adjustments via blog.

5.2. The changes to this Policy take effect on the publication date unless said publication specifies otherwise.

5.3. This Policy is attributed to the following territorial jurisdiction: disputes between legal entities/individual entrepreneurs registered in the Russian Federation are settled in the Moscow Arbitration Court based on the current legislation of the Russian Federation; disputes involving individuals are settled at an ordinary district court based on the individual’s place of registration.

If the Partner does not have permanent registration in the Russian Federation, and/or their place of permanent residence is outside the Russian Federation, and/or their place of residence is undisclosed, and/or the legal entity is registered outside the Russian Federation and not in accordance with its laws, the dispute is transferred to The London Court of International Arbitration for consideration and settlement in accordance with its regulations. There shall be one arbitrator, the proceedings shall take place in London, UK. The language of the proceedings shall be English, the proceedings shall be regulated by English law.

5.4. If for any reason one or several provisions of this Policy are invalidated or declared null and void, it does not affect the validity or applicability of the remaining Policy provisions.