Affiliation Agreement
Terms
This Affiliate Agreement contains the complete terms and conditions governing Affiliate's participation in Affiliate Program operated by Discover Car Hire AS.
1. Enrollment in the Program
1.1. To enroll, Affiliate must submit a completed online Program Application. Discover Car Hire AS may reject a Program Application for any reason.
2. Participation in the Program
2.1. Following acceptance of a Program Application, Discover Car Hire AS will provide Affiliate with approved hyperlinks to the Discover Car Hire AS website. Affiliate agrees to identify itself as a Discover Car Hire AS affiliate and to display the Discover Car Hire AS-approved links on each website identified by Affiliate in its Program Application.
2.2. Customers who, during the term of this Agreement, visit the Discover Car Hire AS website by hyperlinking via a Discover Car Hire AS-approved link and during that same visit book a vehicle rental through Discover Car Hire AS using Discover Car Hire AS' Online Booking System shall be known as "Affiliate Referrals."
2.3. Discover Car Hire AS will pay Affiliate a commission referral fee based upon the amount actually collected from an Affiliate Referral for Car Rental net of any offsets for credit card fraud, bad debt, or credit due because of cancellations or returns. Such car rental commission fees shall be paid to Affiliate on a monthly basis. Discover Car Hire AS will pay Affiliate a Commission Fee only if Affiliate Referral is tracked in the Online Booking System.
2.4. Discover Car Hire AS will use reasonable efforts to provide online reports to Affiliate each month showing the number of visitors to the Discover Car Hire AS website from each Affiliate Site and the Commission Fees, if any, owed to Affiliate.
3. Commission
3.1. Discover Car Hire AS will pay 70% commission on car rentals and 30% commission on Full Coverage (percentages taken from Discover Cars' profit) on all completed car and ground transportation bookings made, net of any canceled bookings. The 70% commission on car rentals and 30% commission on Full Coverage (percentages taken from Discover Car Hire AS' profit) for the rental amount of the booking will be paid to Affiliate's bank or PayPal account once the car rentals have been completed (i.e., the rental period has ended and the rental car has been returned to the rental company) and may only be invoiced once the journeys have been completed (i.e., the pick-up date has passed) and the overall amount exceeds $200.00, as appropriate. These are paid on the 10th day of the following month. Affiliate must provide accurate bank details before any integration is activated.
3.2. Cookie lifetime: 365 days
The lifetime of cookies in days. Affiliate will get commissions for all sales made in the next 365 days after the visitor clicked on Affiliate link.
3.3. Commission is not paid for the bookings made by the customers through paid channels. For example, if a customer clicked on the link on kayak.com or scyscanner.com or came from AdWords or another paid channel, after clicking on an affiliate link, the commission for this booking will not be paid to Affiliate, and the booking will not be counted as an Affiliate Referral.
3.4. Display ads are prohibited. No commissions will be paid for sales generated by display traffic.
3.5. Pay-Per-Click advertising is prohibited. No commissions will be paid for sales generated by PPC traffic.
3.6. Discover Car Hire AS has the right to cancel all sales and not pay commissions for any sales already made if the Affiliate has violated this Affiliate Agreement and can not prove that there was no violation.
3.7. Social media ads are prohibited. No commissions will be paid for sales generated by social media ads.
3.8. If a sale does not have a referral URL, then it may be treated as one generated via one of the prohibited traffic sources.
3.9. Affiliate is not allowed to create social media pages or run any social media advertising using the Discovercars.com brand name.
3.10. Digital marketing agencies of any type are not allowed to participate in the DiscoverCars.com affiliate program without the explicit approval of the affiliate manager of DiscoverCars.com.
3.11. Affiliate is not allowed to advertise Discovercars.com on any review website.
3.12. Affiliate is not allowed to advertise Discovercars.com on any coupon or discount code website without the explicit approval of the affiliate manager of Discovercars.com.
3.13. Affiliate is not allowed to advertise Discovercars.com on websites that also advertise gray niche goods and services such as gambling, microloans, adult websites or services, crypto, etc.
3.14. When Affiliate requests a payout to a business and this business does not have a valid VAT / EIN number or any similar tax payer number in their country which results in Discover Car Hire AS paying the tax for the affiliate, the following commissions will apply to all affiliate sales: 58% commission on car rentals and 25% commission on Full Coverage (percentages taken from Discover Car Hire AS' profit).
3.15. Commissions are not paid for sales in which a customer used any amount of Booking Credit. Only sales which were paid for with real money are commissionable to Affiliate.
3.16. Sales are validated 30 days after the car rental drop-off date (drop-off means that the customer returned the rented car to the car rental supplier) to prevent any affiliate fraud and check for customer claims.
3.17. Discover Car Hire AS reserves the right to cancel any sales made within the first 30 days of Affiliate's registration without explanation if the partnership seems fraudulent, for example, when it is not possible to identify the traffic source of the Affiliate's sales.
4. Use of Trademarks
4.1. Affiliate agrees that during the term of this Agreement, Discover Car Hire AS may, but is not required to, include Affiliate's logos, trademarks, trade names, and similar identifying material ("Affiliate Marks") on the Discover Car Hire AS website.
5. Representations and Warranties
Affiliate represents and warrants:
5.1. that it is the owner of all Affiliate Marks; that it has the legal right to grant Discover Car Hire AS the license to use Affiliate Marks; and that Discover Car Hire AS's use of such Affiliate marks will not infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity.
5.2. that it owns and is solely responsible for the development, operation, and maintenance of each Affiliate Site and for the content of all materials that appear on each Affiliate Site; that it is compliance with all applicable laws and regulations; and that the content of each Affiliate Site is not defamatory, fraudulent, obscene, infringing or otherwise in violation of any legal rights or duties;
5.3. that it will not engage in any "spamming" or similar activities that relate or refer, directly or indirectly, to Discover Car Hire AS;
5.4. that it will not make any representation or warranty on behalf of Discover Car Hire AS or concerning any products or services provided by Discover Car Hire AS;
5.5. that apart from its display of Discover Car Hire AS Approved Links, it will not use any Discover Car Hire AS trademark, name, or URL in any way without the prior written consent of Discover Car Hire AS;
5.6. that it will not bid on the name "Discover Car Hire AS," "DiscoverCars" (or any name or phrase that is a derivative thereof), or the name of any of Discover Car Hire AS suppliers as part of any keyword or PPC search, unless otherwise agreed to in writing;
5.7. that it will not copy or attempt to duplicate the look and feel of the Discover Car Hire AS website, attempt to create an impression that any Affiliate Site is owned or operated by Discover Car Hire AS, or frame any portion of the Discover Car Hire AS website;
5.8. that it will not use any customer information provided by Discover Car Hire AS for any purpose other than to verify the appropriateness of Commission Fees;
5.9. that all statements contained in its Program Application are true.
6. Term of the Agreement
6.1. This Agreement will automatically renew on a year-to-year basis unless terminated by either party.
6.2. This Agreement may be terminated at any time without cause or penalty by either Party.
6.3. Discover Car Hire AS may terminate this Agreement immediately, effective upon email notice of termination, in the event that Affiliate breaches any representation or warranty as set forth above.
6.4. Either party may terminate this Agreement in the event of a breach by the other party that is not cured within fifteen (15) days of notice to the other party.
7. Modification
Discover Car Hire AS may modify any of the terms and conditions in this Agreement, at any time, by providing Affiliate with a notice in the PostAffiliatePro software noting any such modifications. Modifications may include, but are not necessarily limited to, changes in the scope of available Commission Fees, Commission Fee schedules, payment procedures and Program rules. If any proposed modification is unacceptable to Affiliate, Affiliate may terminate this Agreement. Affiliate's continued participation in the Program following its receipt of email notice from Discover Car Hire AS constitutes Affiliate's binding acceptance of any such change.
8. Miscellaneous
8.1. The parties to this Agreement are independent contractors. Nothing in this Agreement is to be construed to create a partnership, joint venture, or employment or agency relationship between Discover Car Hire AS and Affiliate. Neither party has any authority to obligate or bind the other in any respect.
8.2. Each provision of this Agreement is separate and distinct from every other provision of this Agreement.
8.3. This Agreement and the information submitted by Affiliate as part of the Program Application contain the entire understanding of Discover Car Hire AS and Affiliate. This Agreement supersedes any previous discussions and agreements (whether oral or written) between Discover Car Hire AS and Affiliate.