Terms & Conditions

Temptation Holidays Affiliate Programme Participation Agreement

This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Temptation Holidays Affiliate programme (“the programme”).

As used in this Agreement, "we" means Temptation Holidays (Viceroy Ltd trading as Temptation Holidays), "you" means the applicant, and "services" means affiliate services offered by Temptation Holidays.

1. Enrolling as an Affiliate

To register, you will be requested to submit a complete application form via our website. The company may reject your application if it is determined (at our sole discretion) that your website or network may not be suitable for the programme. We may also reject your application if you are participating in any other programme, partnership or offer with Temptation Holidays.

Our affiliate programme is open to anyone over 21 years of age, providing you have a valid website or blog, social media account/s and a valid email address.

You qualify if you are:

· A travel agent that wants to increase your profits, even without a website*

· A blogger or social influencer that has considerable traffic and wants to financially benefit from it

· An individual or company with an online network that displays content relating to our content

Please be aware that we may review / accept / reject any application for any reasons. We also reserve the right to revoke affiliate membership at any time.

If your application is successful, you will be able to login and access all the affiliate tools available to you and you will be able to view your monies earnt through commissions.

2. Linking to Our Website

Once you have successfully registered as an affiliate, you can provide one or more links from your website to our website ( www.temptationholidays.com ).

Through our affiliate programme, you will be provided with special link formats designed for tracking and reporting for all links between your website and our website. It will be your responsibility to properly utilize the link formats.

We do not accept any responsibility for the incorrect use of the special links / link formats and therefore we shall not be accountable for any loss of fees as a result of any errors in implementing these.

3. Commission

Subject to the terms and conditions of this agreement, you will be paid commission for each sale that has been generated using your referral link / unique affiliate code and where the customer has successfully completed and paid for their stay (this is referred to as an “effective stay”).

Please note there may be slight delays for payments if the stay is towards the end of the month as we need to allow time to check with each of the resorts or cruises that the customer has completed their stay, IE. have checked in and checked out.

Customer Refunds

If it later discovered that the customer’s purchase was refunded, we retain the right to withhold any payments to you resulting from that customer’s purchase.

If at any time the commissions owed to you become less than the total deductions due to refunds as mentioned above the difference shall be immediately payable to Temptation Holidays.

Cookies

The programme relies on cookies to track customers. If, for whatever reason the customer is not using cookies, or the cookie expires, or the customer deletes the cookie history and cannot be tracked, you will not earn commission. Our cookies are set to automatically expire after one year.

Incorrect Information

Commission will not be paid to the affiliate if it is discovered the details we hold relating to that affiliate are incorrect. It is the responsibility of the affiliate to ensure that the details we hold for that affiliate are correct and it is the affiliate’s responsibility to notify Temptation Holidays of any changes of details such as postal address.

We also reserve the right to cancel commission payments if we believe that there have been any fraudulent attempts to use the service.

4. Commission Payment Structure

We operate a sliding scale commission payment structure. This begins at 5% at registration. There is an opportunity to increase your percentage and this is dependent on volume of sales. This is assessed on a case by case basis. You can contact us on affiliates@temptationholidays.com if you would like us to assess your sales and commission rate.

5. Commission Schedule

For Resorts:

You will earn an affiliate referral fee at a percentage to be agreed. This is payable to you at the end of each month and is calculated on effective stays during the prior month.

Please note if the effective stay falls towards the end of the month, there may be a slight delay in payment as we would require time to check the stay was fulfilled as an effective stay. In these cases, payment will be paid in the following month.

For Cruises:

You will earn an affiliate referral fee at a percentage to be agreed. This is payable to you at the end of each month and is calculated on effective stays during the prior month.

Please note if the effective stay falls towards the end of the month, there may be a slight delay in payment as we would require time to check the stay was fulfilled as an effective stay. In these cases, payment will be paid in the following month.

6. Policies and Operating Procedures

Customers purchasing services from Temptation Holidays through this affiliate programme will be deemed to be customers of Temptation Holidays. Accordingly, all Temptation Holidays rules, terms and conditions, policies, and operating procedures concerning the services will apply to those customers. We may change our policies and operating procedures at any time.

7. Limited License

We grant you a non-exclusive, non-transferable, non-sub licensable, revocable right to use Temptation Holidays logos and text for which we grant express permission, solely for identifying your website as an affiliate programme participant. You agree that you will not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and or reputation of Temptation Holidays. We may revoke your license.

8. All Resorts and Cruises: Specific Prior Approval Requirement for All Marketing, Sales & Publicity Materials Before Their Use, Publication or Distribution

Any affiliate who is to market, publicise or otherwise sell the resorts or cruises in any way whatsoever will be additionally subject to this clause in respect of any marketing, sales, publicity, PR or other informational materials they are to use connection with any resorts or cruises.

You (The Affiliate) must obtain the prior written approval of Temptation Holidays with respect to the form and content of all materials (including but not limited to websites, brochures, flyers, emails and direct mail pieces) which relate in any way to the marketing or sale of resorts or cruises, or which contain information concerning cruise products prior to their use, publication or distribution.

You (The Affiliate) therefore agree to provide Temptation Holidays with a true and accurate copy in an electronic digital file format (PDF is preferred) to be sent by email to affiliates@temptationholidays.com of all materials which you are to use, publish or otherwise distribute, as set out in this clause 7, relating in any way to the resorts or cruises, prior to their use, publication or distribution so that Temptation Holidays may review these materials for approval.

Temptation Holidays shall use reasonable efforts to review the submitted materials in order to either grant or deny its approval of them within twelve (12) business days after receipt of said materials for approval.

Any material not expressly approved by Temptation Holidays within twelve (12) business days shall be deemed to have been rejected.

Temptation Holidays may reject and prohibit the use of any materials relating to the resorts or cruises that do not comply with these Terms and Conditions, or which it deems are not suitable for any reason, at its sole discretion.

If Temptation Holidays has not approved or responded to a request for approval within twelve (12) business days, you can contact affiliates@temptationholidays.com for clarification of the company’s position on the material submitted.

Once submitted materials are approved by Temptation Holidays, you (The Affiliate) may use, publish or otherwise distribute the approved materials within the scope of such approval provided that the materials remain unchanged.

Press releases may only be released to third party publishers once they have undergone the above detailed approval process and have been approved in writing by Temptation Holidays. Furthermore, once approved, press releases may only be released to a third-party publisher on the binding agreement of said third party publisher that the material released to them will be published in an entirely unaltered or unedited form.

Any contravention of these prior approval clauses of these terms and conditions will be treated as a serious breach of contract between Temptation Holidays and the Affiliate (You). Should this occur Temptation Holidays will, at its sole discretion, terminate the Affiliate agreement with the Affiliate in question forthwith, retaining any unpaid monies owed to the Affiliate in lieu of damages and proceed to seek the maximum remedy permitted in law against the Affiliate in respect of the breach.

The provisions of this clause 7 shall survive any termination of the Affiliate Agreement between Temptation Holidays and the Affiliate (You) to which they relate.

9. Your Responsibility

You will be solely responsible for the development, operation, and maintenance of your website and for all materials that appear on your website / social media channels.

You will indemnify, defend and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) relating to the development, operation, maintenance, and contents of your website as well as any goods or services provided or made available by you.

These obligations will survive any termination of this Agreement. You acknowledge and agree that your website information (name, URL, traffic counts, etc.) may be utilized by Temptation Holidays. Possible uses include (but are not limited to) traffic statistics, affiliates details, lists of the busiest website, lists of affiliates website, etc. The information provided by Temptation Holidays to you may be proprietary in nature. You acknowledge that you are not a competitor of Temptation Holidays and agree not to share this information with any of our competitors. Any violation of these terms and conditions may cause us to terminate this agreement forthwith and seek appropriate legal remedies to the maximum extent permitted under law.

10. Term

The term of this Agreement will begin upon our acceptance of your application and will end when terminated by either party. Either you or Temptation Holidays may terminate this Agreement at any time, with or without cause, by giving the other party written or emailed notice of termination. You are only eligible to earn referral fees on Effective Stays occurring during the term of this Agreement. We may withhold your final payment to ensure that the correct amount is paid. Your website is subject to periodic review. If we determine at any point after acceptance into our Programme that your website is not suitable for the Programme, we may unilaterally end the status of your website as an Affiliate.

11. Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by posting a new agreement on our website. Your continued participation now, or within thirty (30) days following the posting notice of any changes in these terms and conditions, will constitute a binding acceptance by you of such rules, changes or modifications.

IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. Your continued participation in the Programme following our modifications will constitute a binding acceptance of the change.

12. Limitation of Liability

We will not be liable for indirect, special or consequential damages (or loss of revenue, profits or data) arising in connection with this agreement or the affiliate Programme, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement and the affiliate programme will not exceed the total Affiliate Referral Fees paid or payable to you under this agreement.

13. Disclaimers

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, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

14. Independent Investigation

You acknowledge that you have read this agreement, have had an opportunity to consult with your own legal advisors if you so desired, and agree to all the terms and conditions set forth herein. You agree that, in interpreting this agreement, no weight shall be placed upon the fact that this agreement has been drafted by us, and you shall not assert that this agreement is unenforceable or invalid, on the basis that it is a contract of adhesion, that it is unconscionable or any similar theory. You understand that we may at any time, directly or indirectly, solicit customer referrals on terms that may differ from those contained in this agreement or operate website/s that are similar to or compete with your website. You have independently evaluated the desirability of participating in the Programme and are not relying on any representation, guarantee or statement other than as set forth in this agreement.

15. Miscellaneous

This Agreement will be governed by British law, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the UK Courts, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. 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 provision or any other provision of this Agreement.

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