Affiliate/Partner Agreement

AGREEMENT
Please read the agreement document below before signing/registering.

Terms of the Agreement:
The terms of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. We may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral commissions on sales occurring during the term. You, as the affiliate, agree to place links to
www.phuket-orchidacea.com on your web site. Upon termination or expiration of this Agreement for any reason, you shall immediately remove any phuket-th.net icon or link from your Affiliate Site.

Modification:
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

Limitation of Liability:
We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement.

Display:
You shall prominently display and maintain the www.phuket-orchidacea.com icons provided to you by us, or any addition to or substitute thereof that we may provide to you from time-to-time during the term of this Agreement, on your Affiliate Site which shall Link directly to www.phuket-orchidacea.com. You agree not to place the www.phuket-orchidacea.com icons on the same page of your Affiliate Site with the logos or trademarks from Expedia.com, Travelocity.com Inc., Hotel Reservations Network, Inc., Hotwire, Planetholiday.com,Wired-destinations.com, Mark Travel or any other similar websites. In the event we provide you with new or modified
www.phuket-orchidacea.com icons, you agree to implement the new
www.phuket-orchidacea.com icons within thirty (30) days following receipt of the update from us. You agree to comply with the www.phuket-orchidacea.com icons Guidelines for Linking that we provide to you or any other replacement guidelines that we may provide to you in writing from time-to-time during the term of this Agreement.

Use of Trademarks:
You agree that we may include your logos, trademarks, trade names and similar identifying material (“Your Marks”) on www.phuket-orchidacea.com in a listing of companies who are participating in the Program; provided however, that in no event shall we be required to include Your Marks in any such listing. You represent and warrant that you are the sole and exclusive owner of Your Marks and have the right and power to grant to us the license to use them in the manner described herein, and such grant does not or will not breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon you; or infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity. We will remove Your Marks from any such lists upon the effective date of the expiration or termination of this Agreement.

Payments:
Within forty-five (45) days after the end of each month during the term of the Agreement with respect to which we owe you any Transaction Fees, we will furnish you a statement together with payment for any amount due to you. The statement will contain information sufficient to discern how the payment was computed. In the event that the total monthly Commission Fees payable to you is less than one hundred Dollars (US$100.00) for the applicable month (“Monthly Minimum Threshold”), we will hold the payment until the aggregate total Commission Fees meet or exceed the Monthly Minimum Threshold. We will remit all payments owed to you to your address provided in the Program Application submitted.

Any charges incurred by the Affiliate’s own bank must be paid by the Affiliate. We are not responsible for any charges which any foreign bank may choose to apply to any transfer and/or payment of funds.

Effect of Economic Conditions:
In the event we deem, in our sole discretion, that military action or extraordinary political, economic, or other conditions or occurrences beyond our control significantly impacts the travel business, our businesses, access or navigation to phuket-th.net from you or your business(es) and alters our exposure under this Agreement, we may, at any time, suspend performance (in part or whole) of any or all terms and conditions of this Agreement, suspend payment due hereunder (in part or whole) or terminate the Agreement (in part or whole), in our sole discretion. We will provide you with written notice five (5) days prior to the effective date of such change(s).

Independent Investigation:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Miscellaneous:
This Agreement will be governed by the laws of the Kingdom of Thailand, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Phuket or Bangkok, Thailand, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.