Any application to join the Superbreak Partner Programme constitutes consent to adhere with the Terms & Conditions outlined herein. This is an Agreement between "you", the Partner, and Superbreak Mini-Holidays Ltd.
Relationship
In the context of this Agreement, you are referred to herein as the Partner, and Superbreak Mini-Holidays Ltd is referred to as "we". You agree not to:
(a) Engage in any indiscriminate or unsolicited emailing
(b) Include content, or links to sites that include content, which could be deemed offensive, libellous, abusive or objectionable. Superbreak.com reserves the right to determine which material is inappropriate.
(c) Use the content provided by Superbreak.com as a constituent of any price comparison feature
(d) Copy appearance of the Superbreak.com site. You will not give the impression that your site is owned or operated by us
(e) Use, or attempt to buy, any domain name containing the words "superbreak" or "superbreaks"
(f) Use any other person's copyrighted material without express written consent
(g) Advertise or publicize your affiliation with us without prior written consent. We retain the right to advertise or publicize your relationship with us
(h) Advertise using the term "superbreak" or "superbreaks"
Each party agrees to be deemed an independent contractor, and this Agreement does not constitute a joint venture or other similar relationship.
Limited License
Superbreak Mini-Holidays Ltd grants you a non-exclusive, revocable right to feature the content of Superbreak.com within the context of your website. You may not alter text, graphics or layout without express written consent from Superbreak Mini-Holidays Ltd. Failure to comply will result in immediate termination of the Agreement.
The Partner will not grant license to any third party to make use of Superbreak.com content.
The Partner acknowledges no ownership or claim to the proprietary rights of Superbreak.com content, including trademarks, trade names, patents and copyright. Superbreak Mini-Holidays Ltd observes that it has no claim to the proprietary rights of the Affiliate's website.
Terminating the Agreement
Either party can terminate the Agreement at any time, by written notification. Upon termination, the Affiliate agrees to remove all content of, or reference to, Superbreak.com. We will pay any due commission made prior to termination.
Failure to adhere to the terms and conditions of this Agreement could result in immediate termination of the contract.
Business Operations
Each party will strive to maintain a functional and operational Website during normal business hours. Each party accepts that a certain amount of downtime will occur, and neither side will be responsible for compensation resulting from these interruptions. Neither party will be liable for any failure or delay in performance resulting from circumstances out with reasonable control, such as fire, flood and other acts of God.
You are responsible for the maintenance and updating of your website. As Superbreak.com is updated frequently, you will responsible for any alteration to your content, which arise as a result of these changes.
Monitoring
We will undertake to monitor your site, to ensure your adherence to the terms outlined herein. We will undertake to advise of any alteration or amendments we recommend to the content of your site, or that we feel is detrimental to the Superbreak.com content. We acknowledge that we will not make unreasonable demands for alterations; although we maintain the right to terminate this Agreement is we feel that the Partner is not portraying our content positively.
The Link
We will provide the Partner with the appropriate URL(s) to include Superbreak.com content. This will include a unique identification code. We will not be held liable for any lost earnings as a result of failure to include this ID or for incorrect configuration of links. It is essential that the link provided in the Partner contracted be copied exactly, and in its entirety to ensure that the Partners operates correctly.
The Agreement
We reserve the right to alter and amend the terms of this Agreement without prior notice. You will be notified, in writing, of any amendments. If you do not agree with these terms, your only option is to terminate the Agreement. Continued participation in the Partner Programme will be considered as consent to the new terms.
Customers
Any visitor to your site, who makes a booking from the Superbreak.com content will be considered a customer of Superbreak Mini-Holidays Ltd. You agree that all Superbreak Mini-Holidays Ltd rules and policies concerning bookings, cancellations, customer service and billing will apply to those customers. We reserve the right to amend these policies without prior notice, from time to time.
Starting Date
This Agreement will commence upon acceptance of your application.
Confidentiality
Both parties agree to keep all financial and business information confidential, except where prior consent is given. This applies to customer and supplier information, and sales and pricing information.
Database
If it is agreed by Superbreak that, as part of your Partnership, you will be supplied with a limited range of data fields from the Superbreak.com database, you agree to update this no less than every 2 weeks. The database is provided expressly to enable you to incorporate Superbreak.com properties within the basic search criteria of your website. The data supplied by Superbreak Mini-Holidays Ltd may not be used for any purpose other than search functionality within your public-facing website.
Partners agree to undertake fortnightly database refresh, as required by Superbreak Mini-Holidays Ltd. Superbreak Mini-Holidays undertake to provide the database regularly every two weeks. Partners accept responsibility for the resolution of problems resulting from the use of out-of-date Superbreak.com data, if a database update has been supplied and not applied to the public-facing site within 12 hours of supply.
Superbreak reserves the right to conclude partnerships if it is found that the database supplied is being used for sales and marketing purposes, or any reason other than in connection with bookings via Superbreak.com. Partners must not in any circumstance, contact the hotels directly to solicit direct relationships.
Any partner using images from Superbreak.com must refresh these at least 3 times per year. Partners accept responsibility for the resolution of problems resulting from the use of out-of-date Superbreak images, if these are found to be more than 4 months out-of-date.
Miscellaneous
(a) If a particular aspect of this Agreement is held to be invalid, illegal or unenforceable for any reason, this will not necessarily affect the overall validity of the Agreement.
(b) You agree that the Superbreak telephone number will appear by default within the context of your website to offer the "help desk" facility to customers.
(c) You are responsible for accessing the Superbreak Partner Administration Suite on a regular basis. Failure to do so may result in you missing important announcements from Superbreak. Superbreak Mini-Holidays Ltd is not to be held liable for any information lost in this manner.
(d) Partners are not permitted to make test bookings on their link, as this must be undertaken only by employees of Superbreak, unless expressly agreed otherwise by Superbreak. Partners are liable for any cancellations charges which may result from the processing of unauthorised test bookings.
