Vacant Moments - Register as an Affiliate

Please enter the requested details and submit this form using the 'Register' button at the bottom. Once your membership has been approved and processed, you will be sent an email confirming your membership details, user-id and password.

It is important that you read, understand and agree to our Terms and Conditions. Our Privacy Policy explains
how your submitted data will be protected.

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Affiliate Registration Form

Personal Details
Title
First Name
Family Name

Business Details
Company or Business Name
Country of Registration
Australian Business Number		(ABN) for Australian residents only

Contact Details
Email Address
Confirm Email
Daytime Phone		Country Area Number
AH Phone		Country Area Number
Fax		Country Area Number
Mobile

Postal Address for notifications
Street
Resort, Town, Suburb or City
State or Province
Country
Postal Code

Locations in which you intend to promote Vacant Moments
Please enter as much information as possible, including countries, regions, resorts

Other existing Vacant Moments registrations
Vacant Moments Owner Id
Vacant Moments Tour Operator Id

Other Details
I have read, understand and accept the Affiliate Terms and Conditions set by Vacant Moments
		AFFILIATE PROGRAM - TERMS AND CONDITIONS Vacant Moments Pty Ltd (ABN 76 107 638 193) - Affiliate Program TERMS AND CONDITIONS - Effective 19th February 2005 Please read these terms carefully - it is a condition of your being a member of the Affiliate Program that you comply with them. Background These terms and the Acceptable Use Policy ("terms") are the terms and conditions upon which Vacant Moments Pty Ltd ABN 76 107 638 193 ("Vacant Moments", "we" or "us") will give you access to the services and benefits of the Vacant Moments Affiliate Program ("you"). These terms apply only to participation in the Affiliate Program. These terms apply to you as a user or reseller/supplier of the Services. A member of the Vacant Moments Affiliate Program ("Affiliate Program") is a person or company, which has been allocated an Affiliate ID by Vacant Moments. "List Price" means Vacant Moments published price list for Services as amended from time to time. 1. Terms and Amendments Vacant Moments reserves the right to change these terms and conditions, the pricing structure applicable to the Affiliate Program and the Service generally at any time. All Affiliates registered with Vacant Moments at the time of such changes will be advised of the changes. The changes will become effective upon publication of the notice. The new terms and conditions will be published at http://www.vacantmoments.com/affiliate_tc.htm. Your use of the Services after publication of a notice of amendments will be an acceptance of those amendments in respect of all Services. If you disagree with amended terms, you may terminate your agreement with us by 90 days notice in writing. Where we vary the pricing applicable to Affiliates, we will give at least 14 days notice of the change, and the new prices will apply at the end of that period. If you do not accept the variation you may terminate all Services by written notice to Vacant Moments within 15 days of receiving notice of the varied charge, termination to be effective 90 days after termination notice is given. If you do not give such notice, you will be held to have accepted the varied charge. From time to time Vacant Moments may run promotions and make special offers of limited time duration ("Promotions"). All Promotions are offered subject to their terms and may be withdrawn or altered at Vacant Moment’s discretion. Our agreement with you will commence when you accept these terms and conditions and will continue until either of us terminates the agreement by 90 days' written notice to the other, or else as these terms provide. 2. Affiliate Responsibilities, Warranties and Indemnities The Affiliate agrees to keep their login password secure and you will make no claim for any loss or damage direct or indirect arising out of or connected with any unauthorized use of your user id or password. The Affiliate agrees that the password is given to them in complete confidence. This must not be disclosed to any other party without prior written consent from Vacant Moments. The Affiliate will not misuse any information collected from property owners or guests using this web site and will abide by the Vacant Moments privacy policy. You indemnify Vacant Moments against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from: your breach of these terms; your use or misuse of the Service; the use or misuse of the Service by any person using your account. You agree that you will indemnify us and will keep us indemnified against any loss or damage of any kind, which we may suffer (whether directly or indirectly) as a result of any: breach by you or, if you are a reseller of the part or all of the Services, breach by any of your customers, of any of these terms and conditions, including without limitation the Acceptable Use Policy and the Privacy Policy; breach by you or, if you are a reseller of the Services, breach by any of your customers of the contractual or civil legal rights of others, or of any law, guideline, policy or code of conduct; claim by a third party regarding your performance or non-performance of your obligations under these terms and conditions or otherwise; claim by a third party in respect of Customer Data, howsoever arising; or if you are a reseller of the Services, claim by any of your customers against you or us in respect of any matter. 3. Services We will assign you an Affiliate ID and password, which will provide you with access to the Vacant Moments Affiliate Area. When you order Services from us and when we accept your order, we will assign you, or at your direction, your customer, with an owner identification ("Owner ID") and password which will provide access to the Vacant Moments Owner Area and which must be used by you or your customer to configure the features of the Service. You agree that all Services you order from Vacant Moments will be supplied to you upon the terms of our online terms and conditions. You agree that Vacant Moments' Services do not include sale, lease or other grant of the right to possession of databases or related programs or web pages. All physical equipment used in delivery of the Services will remain the property of and in the possession or control of Vacant Moments. You grant to Vacant Moments a non exclusive, royalty free license to use, transmit, display, adapt and reproduce all information, data, text, logos, images, and/or content in any form which constitutes your customers' Data: in order to fulfil our obligations under this agreement; and for the purpose of providing ongoing Services directly to customers where you become insolvent, cease to operate your business, or if you fail to respond for a period of 28 days or more to reasonable attempts to contact you (where you have not given Vacant Moments prior notice that you will be out of contact). Upon termination of the customer's agreement with Vacant Moments the license will terminate. We reserve the right to delete the Customer Data from our systems within 30 days after termination. You will have no claim against Vacant Moments in respect of our use of the Customer Data in accordance with this license. 4. Charges and Payment You must pay for: All charges for the Services in advance as notified to you by Vacant Moments; All Services, minimum charges and other amounts incurred by you or any designated users (including your customers) or incurred as a result of any use of your password (whether authorized or not). Members of the Vacant Moments Affiliate Program who have agreed to these terms and conditions and otherwise fulfil the criteria set out including keeping a minimum membership of 3 properties, will be entitled to acquire Services at a 25% discounted. In addition you must provide and pay for: the installation and use of telephone lines and all other equipment needed to access the Services; and unless expressly stated as included in a price, all government taxes, duties and levies (if any) imposed on either you or us in respect of the Services or any other service or goods supplied, such as property set ups. You must pay all amounts billed in accordance with our billing, being, within 14 days of invoice. If Vacant Moments omits charges from your invoice in a particular month, we may include those charges in a later invoice. You cannot charge a property owner more than the published Recommended Retail Price (RRP). You can negotiate your own fees with the property owner for any additional service you provide in relation to assisting in the set up the property on Vacant Moments. No refunds will be given for unused portions of payments in advance unless the account has been terminated due to Vacant Moment’s breach of these terms and conditions. 5. Vacant Moment’s Warranties and Liabilities Vacant Moments does not warrant that your access to the above mentioned site will be secure or uninterrupted. Vacant Moments will not be liable for any loss resulting from you relying on the security, uninterrupted supply of information or access on the Vacant Moments web site. Vacant Moments must perform scheduled maintenance to databases from time to time. We will attempt to perform all scheduled maintenance at times which will affect the fewest customers. Vacant Moments accepts no liability for any direct, indirect or consequential loss caused to the Affiliate by inaccurate information supplied by the Affiliate and the Affiliate agrees to indemnify Vacant Moments in respect of any claims arising there from. All Vacant Moments booking and information request notifications will be sent to your customers nominated email address(es). Vacant Moments accepts no responsibility for email notifications that are delayed or not delivered. Unless expressly provided in this agreement, we make no warranty to any person in relation to any Services provided except those warranties which cannot be specifically excluded under the Australian Trade Practices Act 1974. To the extent that the warranties implied under the Australian Trade Practices Act apply to the provision of any Services, if at all, then our liability for any loss arising as a result of the provision of any Services, including economic or consequential loss which may be sustained or incurred, is limited at our election to: the supply of the Services again; or the payment of the cost of having the Services supplied again. We have no responsibility for, or liability in relation to, any person accessing data on your property pages or (if you are a reseller) your customers' property pages. Other than where clause 5.e applies, in all other respects Vacant Moments will have no liability to you pursuant to this agreement for all loss or damage, howsoever arising. 6. Suspension and Termination of Service You may continue to be a member of the Affiliate Program so long as you are not in breach of these terms. If you are in breach, and (where the breach can be remedied) you have not remedied the breach within seven days after our notice to you, we will have the right to suspend or terminate your participation in the Affiliate Program and the provision of the relevant Service without notice to you or your customers. You will remain liable for all amounts owing to Vacant Moments if we suspend or terminate this agreement for any reason. Subject to clause 6.e, you have the right to terminate your participation in the Affiliate Program by giving not less than 90 days written notice to us. Doing so will not terminate your agreement for supply of Services, which can be terminated only in accordance with the terms of supply of the particular Services. Once your participation in the Affiliate Program has been terminated, from the date of such termination you will no longer be entitled to access to Affiliate Control Area and the discounts and other benefits of the Affiliate Program. If Vacant Moments terminates this agreement pursuant to clause 5.1, or if a receiver, a trustee in bankruptcy, a liquidator, an administrator or other like person is appointed to part or all of your assets or business, then Vacant Moments may contact the Affiliate's Customers in order to ensure continued provision of Services to those Customers on the basis that they contract and deal directly with Vacant Moments. We may from time to time without notice suspend the Service or disconnect or deny your access to the Service. During any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable; or If you fail to comply with any provision in this agreement (including failure to pay charges due), until the breach (if capable of remedy) is remedied. Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension. If your account has been suspended or terminated due to your breach, reactivation of your account will be completely at our discretion. Vacant Moments reserves the right to refuse to supply services to a potential customer who has previously had its account with Vacant Moments terminated for breach. Vacant Moments may without notice to you remove, amend or alter your customer's data upon being made aware of: any claim or allegation; or any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, misleading, defamatory, offensive or in breach of a third party's rights. Vacant Moments reserves right to remove you for violating any of these terms and conditions without notice. 7. Acceptable Use Policy and Privacy Policy In accepting these terms and conditions, you also acknowledge that you have read and accepted our Acceptable Use Policy located at http://www.VacantMoments.com/terms.htm and Privacy Policy located at http://www.VacantMoments.com/privacy.htm on Vacant Moments' web site as amended from time to time. The Acceptable Use Policy and the Privacy Policy form part of these terms and conditions. Failure to abide by either policy will constitute a breach of these terms and conditions, and will give rise to our right to terminate or suspend the Services, as set out in clause 6.a above. You are responsible for the use of the Services ordered through your Affiliate ID and you must ensure that your customers and any other person using the Service though your Affiliate ID also complies with our terms and conditions of supply of Services, the Acceptable Use Policy and the Privacy Policy, and any other instructions that Vacant Moments gives you from time to time. You must comply with any rules imposed by any third party whose content or service you access using the Service. 8. Assignment of rights You are not permitted to assign any of your rights under these terms and conditions to any other party without our prior written consent. For these purposes, an assignment will also be deemed to have occurred if there is a change in effective control of your business or company. We will reasonably determine what constitutes an "effective change in control". 9. Reseller obligation If you are a reseller of the Services you must procure that any customers that you have enter into terms and conditions in substantially the same form as these terms and conditions (including the Acceptable Use Policy and Privacy Policy), along with the Standard Terms and Conditions of Supply (as relevant), both of which are located on the Vacant Moments web site. You must ensure that your customers comply with the above terms and conditions. If your customers do not do so, and this results in any loss or damage being suffered by us, you agree to indemnify us for any such loss or damage. 10. Privacy and Credit consent You authorize us to obtain from and give to credit reporting agencies and other credit providers certain information about you so that we may manage your account with us. This information may include personal details such as your name, address, date of birth, company details and address, credit history and creditworthiness, credit standing with us, and credit capacity. We reserve the right to refuse your application for, monitor ongoing usage of, or restrict your access to the Services on the basis of our assessment of credit information relating to you. You are entitled to see and correct any credit information we hold about you. You also authorize us to exchange information about you and your account with us to our suppliers, agents and contractors, and use that information for account management and business planning. 11. Location of server You agree that in providing the Services we may elect in our absolute discretion to provide those Services from a server located in any location, either now or in the future. We may relocate the servers used to supply the Service to you and your customers without notice. We will use all reasonable endeavours to minimize downtime, however you will have no claim against Vacant Moments in respect of reasonable downtime in supply of the Services caused by migration of servers between data locations. 12. General We reserve the right to change the addresses of the URLs listed in this agreement. We may sublicense, assign or otherwise delegate all or any of our rights and obligations under this agreement. The law of New South Wales will govern these terms and conditions. We may pay a commission to a person who introduced you to the Service.
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v1.5 - 22/06/2009