Terms & Conditions

Affiliate Partner and QuickBooker

A. Production Definition–

Company will build a Private Label version of the QuickBooker reservation website (“Customized Private Label Site. “Private Label Site” refers to both the Framed Private Label Site and the Customized Private Label Site.)
Company will make commercially reasonable efforts to integrate Affiliate Partner’s header and footer in the Customized Private Label Site in accordance with Affiliate Partner’s specified needs. Affiliate Partner will be responsible for providing Company the necessary creative branding media to build the Customized Private Label Site and Affiliate Partner hereby authorizes Company to display, copy and transmit such creative branding media. Affiliate Partner shall indemnify Company against any loss or claims relating to such branding media, including infringement claims.
The Customized Private Label Site may, at the Affiliate Partner’s discretion, carry disclaimers to clarify that Affiliate Partner does not supply the contents of the Customized Private Label Site.
The Customized Private Label Site will, except as set forth immediately below, have external links only to and from the Affiliate Partner's Site.
The Customized Private Label Site’s header or footer can contain a Affiliate Partner logo, link(s) to the Affiliate Partner Site and a Affiliate Partner copyright statement. The Customized Private Label Site’s header must contain the Affiliate Partner’s logo prominently.
The Framed Private Label Site or Customized Private Label Site (“Private Label Site”) footer will contain a Company network logo, consumer access to more information about Company, a link to Company’s website, and a Company terms and conditions.
The Private Label Site will contain all the content and booking functionality for hotels, inns, B&Bs and resorts (the "Properties") found on the QuickBooker.com. Such Properties will be displayed and grouped geographically on the Private Label Site.
Company will manage product definition; maintain and host the Private Label Site; set up and maintain secure electronic commerce functionality; perform reasonable customer service; and provide ongoing maintenance to the Private Label Site, addition of newly enrolled Properties, property and customer support, booking engine upgrades, and reasonable new product features.

B. Product Integration

Affiliate Partner will integrate the Private Label Site into Affiliate Partner Site(s) according to the outline described below such that consumers will have prominent, convenient and intuitive access to the content and reservations functionality of the Private Label Site through Affiliate Partner Site.
From the Co Branded Affiliate Partner Site, the integration will include, but not be limited to, the following:
1. An “Online Reservations” link to the Private Label Site from the Affiliate Partner’s Site header menu.
2. Ongoing Rotating Banners that link to the Private Label Site if inventory of Affiliate Partner permits.
3. Powered by QuickBooker logo and links to Company Site. http://www.QuickBooker.com
Company and Affiliate Partner will make commercially reasonable efforts to integrate the Private Label Site into the Affiliate Partner Site.
Affiliate Partner is responsible for building and maintaining the links from the Affiliate Partner Site to the Private Label Site and integrating the technology to allow Affiliate Partner Site users to search the Private Label Site for content, rates and availability of the Properties.

C. Economic Terms, Duties & Commission

Booking Fees and Duties

“Net Sale Value” is defined as the Sale Value collected by Company from hotels for reservations generated on the Private Label Site, excluding all state and local taxes, fees and other charges paid by Company to complete the reservation transaction. Company will pay Affiliate Partner for Net Sale Value booked on the Private Label Site in accordance with the following schedule:

Net Sale Value Per Calendar Quarter Affiliate Partner Percentage
1. < 5000 USD 3% of Net Sale Value
2. 5001 - 25,000 USD 4% of Net Sale Value
3. 25,001 - 50,000 USD 5% of Net Sale Value
4. 50,001 - 75,000 USD 8% of Net Sale Value
If you have a capacity to generate more than 75,000 USD per calender quarter then please send a mail to affiliates@quickbooker.com for special commission rates.
Company will perform 24 by 7 monitoring of the reservations system. Company will track, bill and collect payment from the Properties, using Company’s proprietary software, and will track and remit payments to Affiliate Partner. Company will provide reservations reports within 30 days of the end of the quarter. Company will pay Affiliate Partner within 30 days of the end of the quarter on the applicable portion of Net Transaction Fees received by Company during such quarter. In the event that payment of less than $25 is owed for any quarter, such payment shall be deferred until the first quarter in which aggregate payments owed exceed $25.
Company will provide access to Affiliate Partner for viewing periodic reports. Reports will consist of reservation details.

D. Ownership

Each Party reserve all rights other than those expressly granted in this Agreement, and no licenses are granted except as expressly set forth herein.
Each Party agrees that it will not contest the validity of the other Party’s rights with regard to trademarks or other brand features or content during the term of this Agreement, or after the expiration or termination of this Agreement.
Affiliate Partner acknowledges that between Company and Affiliate Partner, Company owns all rights, titles and interests in and to the Company service and Company proprietary rights. Company acknowledges that between Company and Affiliate Partner, Affiliate Partner owns all rights, titles and interests in and to the Affiliate Partner Site.

E. Term

This Agreement will have a term beginning on the later of the two signature dates below and lasting one (1) year. This Agreement will be automatically renewed for successive one-year periods unless otherwise terminated by either Party giving notice to the other Party not less than Sixty (60) days prior to the end of a term. This agreement may be terminated by either Party immediately upon notice, if the other Party: (i) becomes insolvent, files a petition in bankruptcy or makes an assignment for the benefit of creditors, or (ii) breaches any of its material obligations under this agreement in any material respect, which breach is not remedied within thirty (30) days following written notice to such breaching Party.
Upon expiration or earlier termination of this Agreement,
1. the rights and licenses granted to each Party pursuant to this Agreement shall automatically terminate
2. each Party shall deliver to the other, within thirty (30) days, all tangible items in its possession which are proprietary to the other that were used in connection with this Agreement
3. both Parties shall remove and cease to use all intellectual property of the other Party on their respective web sites
4. oth Parties shall eliminate any reference to this Agreement from their own web sites and marketing materials.

F. No Unlawful Or Prohibited Use

As a condition of your use of our Website and/or Booking Engine, you agree that you will not use our Website or Booking Engine for any purpose that is unlawful or prohibited by, or inconsistent with, this User Agreement. You represent and warrant that you are at least 18 years old and posses the legal authority to enter into this User Agreement and to use our Website and Booking Engine in accordance with the terms and conditions of this User Agreement.
You may only use our Website and the Booking Engine to make legitimate reservations or purchases and not for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations or any reservation in anticipation of demand.

G. Miscellaneous

THE PRIVATE LABEL SITE AND ANY RELATED SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY, AND COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING SUCH SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
HETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NEITHER PARTY SHALL BE LIABLE TO THE OTHER UNDER ANY LEGAL OR EQUITABLE THEORY (A) FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES OF ANY KIND, ARISING OUT OF, UNDER OR RELATING TO THIS AGREEMENT, OR (B) FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, UNDER OR RELATING TO THE FAILURE OF THE INTERNET TRANSMISSION OR LINKS. DAMAGES UNDER THIS SUBSECTION INCLUDE BUT ARE NOT LIMITED TO LOST PROFITS, REVENUES AND BUSINESS.
Each Party represents and warrants to the other that (a) its site is a functional Internet site accessible to subscribers and users of the Internet; (b) its site does not and will not contain any content, materials, advertising or services that infringe on or violate any applicable law or regulation, any proprietary right of any third party (including copyright, trademark, patent, and trade secret), or which is defamatory, obscene or offensive; and (c) it has the right and authority to enter into and perform all obligations under this Agreement.
Each Party agrees to indemnify and hold harmless the other party from and against any losses, claims, liabilities, damages or expenses, including reasonable attorney’s fees, directly arising from a material breach of this agreement by the other party.
The Parties agree not to disclose the terms of this Agreement to any third party, and to treat the terms of this Agreement as confidential information of the other Party.
This Agreement shall be governed by and construed under the laws of the State of New Jersey as applied to agreements among New Jersey residents entered into and performed entirely within the State of New Jersey, USA.
This Agreement and its exhibits are the complete and exclusive agreement between the Parties with respect to the subject matter hereof, superseding and replacing all prior agreements, communications and understandings, both written and oral, regarding such subject matter. This Agreement may be amended, or any rights under it waived, only by a written document executed by both Parties.
In witness whereof, the Parties have caused this Agreement to be executed by a duly authorized representative as of the Effective Date.