Accor Hotels: the affiliation contract

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The company Accor has set up an affiliation programme, the aim of which is to implement a hypertext link between the Accorhotels.com website, currently to be found at the URL http://www.accorhotels.com (hereinafter referred to as the “Accorhotels site”), and the website of a partner (hereinafter referred to as the "partner site").

This hypertext link, which will point towards a page on the Accorhotels.com site, will enable the visitors to the partner site, by means of an icon, a banner or an Accorhotels search engine, to be redirected to the Accor site(s) and to book one or more hotel rooms.

In exchange for the implementation of said hyperlink on the affiliate site, Accor will compensate the affiliate on the basis of fixed compensation rate as specified on the Commission Junction Advertiser Account and calculated according to the actual overnight stays spent and not cancelled by visitors originating from the affiliate site.

1 - Affiliation conditions

In light of the commercial nature of this partnership, Accor reserves the right to refuse, at its own discretion, any potential partner, without having to provide any justification of any kind for such a refusal.

In particular, although the following list is not exhaustive, Accor shall refuse sites which directly or indirectly:

- contain images or text that is violent, racist, libellous or is an incitement to any form of extremism or discrimination,
- offers content that is pornographic, erotic, religious, political or similar,
- does not comply with the legislation in force and with the rights of third parties,
- or which in any other way is liable to cause harm to the brand image of Accor or its sales policy

2 - Accors's obligations

All reservations of hotel rooms are carried out directly between the visitors to the partner site and Accor, who shall bear responsibility for the correct and proper fulfilment of such reservations and all services appending thereto, since Accor is deemed the owner of the clientele.

Accor shall take full responsibility for the reservation reception and processing phases and for the provision of services, once the web user has issued a request for them: reservation, confirmation by bank card, cancellation.

3 - Partner's obligations

3-1 General obligations

Throughout the duration of this partnership, the partner undertakes to:

• ensure that its site does not contain, or have any direct or indirect link with sites that:

- contain images or texts that are violent, racist, libellous or is an incitement to any form of extremism or discrimination,
- offer content that is pornographic, erotic, religious, political or similar,
- do not comply with the legislation in force and with the rights of third parties,
- or which in any other way is liable to cause harm to the brand image of Accor or its sales policy.

• respect the graphics of the Accor logos and brands and under no circumstances to modify them,

- not modify the HTML codes that are required to create the links to the Accorhotels.com site or to other Accor brand sites,
- not to use the links supplied by Accor for any other reason than to enable visitors to the partner site to access the Accorhotels site or any other Accor brand site,
- ensure that its site is completely devoid of all forms of virus and Trojan Horse or any other form of contamination, in particular any code of instruction that could be used to access, modify, delete or damage any data, file or other software program used by Accor or by a third party.
- remove any link to the Accorhotels.com site in the event that either party to this partnership should terminate it, and to cease to use and / or reproduce the Accor logos and brands, in any way whatever.
- compensate Accor in full for any loss of whatever kind that Accor may suffer as a result of a claim made by a third party, subsequent to a failure on the part of the partner to respect its obligations under the terms of these supplementary conditions.

Generally speaking, the partner guarantees that it shall not do, nor shall it allow to be done, anything that may infringe in any way upon any of the rights belonging to Accor (including the intellectual property rights of Accor), or those belonging to any third party of any kind, irrespective of the legal system considered.

3-2 Obligations connected with advertising

Throughout the duration of this partnership, the partner undertakes to:

- Not buy any keywords that are similar to the domain names or brand names that belong to Accor, from any search engine or referencing service provider (e.g.: Google, Yahoo, etc.),
- Not to set up sponsored links with one or several sites owned by Accor.
- Not to register domain names containing one or more brands belonging to Accor, whether spelled correctly or incorrectly.
- Not to create a sub-domain that contains one or more brands belonging to Accor, whether spelled correctly or incorrectly.
- Not to use any brands belonging to Accor in the html code of the pages on its site in order to increase its ranking with search engines.
- Not to undertake any advertising operations that cite one of the brands belonging to Accor without the prior consent of Accor.
- To return, immediately and free of charge, any domain name that contains one or more Accor brands and which may have been registered before this contract.
- For all advertising carried out by means of e-mail, the partner undertakes to abide by articles 20, 21 and 22 of law No. 2004-575 of 21 June 2004 (the law relative to consumer trust in the digital economy) that provide that the issuer of a message and the subject of said message shall be clearly identified.

The affiliate acknowledges that by validating the registration application via the pop-up with the special conditions, the proof of the affiliate's engagement is given, along with the acceptance pf the present special terms and conditions.

4 - Entry into effect

The partnership shall come into effect once the partner's application has been accepted by Accor, and the partner has received a confirmation e-mail that enables it to immediately set up on its site any form or link, banner or button containing a link to the Accorhotels.com site or to the other sites of Accor brands. To this end, the partner shall have access to a regularly updated link bank, from which it may select those links which are most suited to its contents or context.

It is expressly agreed that the access to the programmes and data contained on the Accorhotels.com site or on other Accor brand sites shall not grant the partner any rights to these programmes and data, which remain the exclusive property of their authors.

5 - Payment

Payment shall only become due to the partner from the moment that Accor sends an e-mail confirming that the partner's application has been accepted, which e-mail enables the partner to implement a hyperlink to the Accorhotels.com website.

Compensation will be calculated based on the net number of overnight stays - in other words, the total of overnight stays generated through the affiliate site and after deductions for cancellations and changes effectuated through a non-internet sales channel (such as directly through the hotel) that may pertain to these overnight stays.

The rates of compensation will differ on the basis of the hotel brands and will be specified in the description of the program on the Commission Junction platform. A sale corresponds to the turnover generated by a net reservation that is a reservation made by a web user on the Company site, through the partner site, which reservation contains one or more bed nights that are effectively used by the web user.

For Befast affiliates

Remuneration is payable to the affiliate only as from the prior despatch by Accor of an electronic mail confirming acceptance of the affiliate's application, permitting it to set up a hypertext link to the Accorhotels site.
Remuneration will be calculated from the number of clicks and the number of nights achieved through the affiliate site and after discounting any cancellations of such nights.

The remuneration rate will differ according to the hotel brands:

- for a night in a Sofitel: $7.50
- for a night in a Novotel: $3.50
- for a night in a Mercure: $3.50
- for a night in a Suitehotel: $3.50
- for a night in an Ibis: $1.00
- for a night in another brand :$0

Remuneration will be: $0.03 per click.
A bonus may be awarded under the following conditions:
the bonus is index-linked to the net volume of nights (after discounting any cancellations) generated for Sofitel, Novotel, Mercure, Suitehotel and Ibis during the past month.

- between 101 and 300 nights
bonus $60

- between 301 and 600 nights

bonus $245

- between 601 and 1500 nights

bonus $610

- over 1500 nights

bonus $1,200

These bonuses are not cumulative.
Accor reserves its right to change the nature and amount of the remuneration under this affiliation agreement at any time at 15 days' advance notice despatched by email.
When the total commissions due to the Affiliate at the end of a month exceed $25.00, Accor (via Commission Junction) will send to the Affiliate a commission check for such amount less any taxes required to be withheld under applicable law. If affiliate's commissions in any month are less than $25.00, Accor (via Commission Junction) will hold those commissions and send the Affiliate a commission check at the end of the next month when affiliate's aggregate commissions exceed $25.00 When this Agreement ends, any commissions due at the time of termination will generally be paid at the end of the month following termination, but Accor (via Commission Junction) may hold affiliate's final payment for a longer period of time to ensure that the correct amount is paid.
If a customer disputes or rejects a purchased item, and Accor (via Commission Junctions) has already paid the Affiliate a commission fee based on the sale of that item, Accor (via Commission Junction) will deduct the amount of the disputed commission from affiliate's next monthly commission fee payment. If there are no subsequent commission fees due to the Affiliate, Accor (via Commission Junction) will send the Affiliate a bill for the amount of the disputed commission, and the Affiliate agrees that it will pay that bill no later than thirty (30) days after it receives it.

The partner shall be liable for any fraudulent activity (in particular that undertaken to artificially increase the number of clicks) and shall not be paid as a result for any traffic generated as a result thereof. Accor informs the partner that it reserves the right to check the authenticity of the clicks that are generated

A sale corresponds to the turnover generated by a net reservation, that is a reservation made by a web user on the Company site, through the partner site, which reservation contains one or more bed nights that are effectively used by the web user.

Accor reserves the right to change the nature and amount of the compensation in the present affiliation agreement at any time, given an advance notice of 7 days issued through the Commission Junction interface.

The partner shall be liable for any fraudulent activity (in particular that undertaken to artificially increase the number of clicks) and shall not be paid as a result for any traffic generated as a result thereof. Accor informs the partner that it reserves the right to check the authenticity of the clicks that are generated.

6 - Term - Termination

This non-exclusive partnership is concluded with the partner for an indeterminate period, as from the date of entry into effect as defined hereinbefore. It is hereby stipulated that each of the partners may terminate this agreement at any time, without notice, subject to such termination being made known to the other party by registered letter with request for acknowledgement of receipt.

Accor may interrupt the contract immediately, subject to a simple notice addressed to the partner, in the event that the partner does not abide by one or more of the provisions of these supplementary conditions.

7 - Limitation of liability

Accor makes no guarantee or declaration with regard to this affiliation program, to the working of its site or to the services sold on its site. Furthermore, Accor does not guarantee that the Accorhotels.com site will function continuously or that it will be error-free. Accor shall accept no liability for the consequences of any interruptions or errors in the operation of the site.

This agreement shall not create any form of exclusivity in the relationship between the partner and Accor.

Accor is not liable for any direct, indirect or special harm, nor for any loss of earnings, profit or data, that may be caused by the implementation of the Accorhotels affiliation programme.

Furthermore, the liability of ACCOR under the affiliation programme may not exceed the total of the sums paid to the partner under the terms of article 5 of these supplementary conditions.

8 - Confidentiality

Throughout all the time that the partner participates in the accorhotels affiliation programme, it shall receive information on Accor that is not known to the general public (hereinafter "Confidential Information"). The Confidential Information contains, in particular, all the information relating to the hotel bookings made as part of the programme, as well as the access to the extranet.
The partner acknowledges that:

(a) the Confidential Information shall remain the exclusive property of Accor.
(b) it shall only use the Confidential Information inasmuch as it is necessary for its participation in the affiliation programme
(c) and that it shall not disclose the Confidential Information to any natural or artificial person or any other third party.

This confidentiality clause shall outlast the termination of this agreement by one (1) year.

9 - Disputes - Applicable Law

This partnership is governed by French law.

In the event of any dispute relating to the interpretation, fulfilment or breach of this affiliation agreement, the parties undertake to seek to resolve the matter out of court. Failing this, the dispute shall be brought before the courts of Paris.

10 - Miscellaneaous provisions

Accor may at any time and without notice interrupt, whether temporarily or definitively, the supply of its on-line services and / or its affiliation programme. Accor shall not be bound pay any form of compensation in such an event.

The partner hereby acknowledges that it has read and understood these supplementary conditions and that it accepts all of the terms and conditions contained therein. It is the partner's independently held view that there is a benefit to be had in joining this affiliation programme, and the partner shall not invoke any declaration, guarantee or undertaking, other than those expressly set forth in these supplementary conditions.

I hereby declare that I have read and understood the supplementary conditions to the Accorhotels affiliation programme, and that I accept that they form the legal framework for our partnership.
I hereby acknowledge that the electronic signature shall stand as proof of my commitment to this agreement .