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Please read the licensing and agreement attached, check the
"I accept the Affiliate Program Agreement" box, and fill out the form below. You will be notified via email of your Ref ID within 24 hours.
Read our Affiliate Program Agreement:
By-Tech Communications Ltd., Website Linking and License Agreement This agreement is entered into on this day of July 06, 2008 but shall become effective 7 business days from the date above mentioned and subject to Section D to the Recitals, by and between: By-Tech Communications Ltd., a company incorporated under the Laws of the State of Israel, (herein "By-Tech” or the “Company”); -and- The Affiliate whose name, state of formation or other identifying characteristic is Set forth on the signature page of this Site. The addresses of the parties to this Agreement are set forth on the signature page. Recitals A. This Agreement is qualified in its entirety by the definitions set forth in Section 1 of this Agreement. Terms or phrases not specifically defined in Section 1 should be read in accordance with their general usage and context within this Agreement. B. By-Tech , will provide its proprietary "Affiliate Bookings program" as it apears on the Site. C. By-Tech and Affiliate understand and agree that in the performance of this Agreement By-Tech will alow the Affiliate to see his commission details in the Affiliate Center in the Site. D. By-Tech is not obligated to accept all or any affiliate, and it may, on By-Tech’s sole discretion, refuse to enter into agreement with an affiliate. By-Tech shall notify Affiliate on such refusal within 7 business days, during the 7 days period this Agreement shall not come into effect. E. Affiliate warrant and represent that it is a corporation legally organized according to Affiliate’s state’s law. Affiliate is not an individual natural person. BY-TECH AND AFFILIATE AGREE TO THE FOLLOWING TERMS AND CONDITIONS: 1. Defined Terms. The terms set forth in this Section are defined as follows: (a) "Affiliate Customers" mean customers who purchase travel from the Designated Affiliate Pages on the By-Tech , Proprietary Site. (b) "Affiliate Site" means the world wide web site or sites owned and operated by Affiliate that contains a By-Tech Proprietary Link accepted as to substance, background image, color, look and feel by Affiliate and which is identified by its URL designation set forth on the signature page of this Agreement. (c) "Confidential Information" means trade secrets, marketing and business plans and technical specification and information, which upon being declared in writing as confidential information, whether by letter or by the use of a confidential or proprietary stamp or legend, prior to or at the time of disclosure to the other party, becomes Confidential Information. (d) "By-Tech Proprietary Link" means the URL link provided to Affiliate by By-Tech for placement on the Affiliate Site, which is identified by its URL designation set forth on the signature page of this Agreement and which links the Affiliate Site to the Designated Affiliate Pages on the By-Tech Proprietary Site. (e) "By-Tech Proprietary Site" means the World Wide Web site identified by its URL designation http://www.israelbyclick.com or any of its subdirectories, including the Designated Affiliate Pages. 2. Obligations of By-Tech . (a) Technical Support. At the request of Affiliate, By-Tech will make available By-Tech’s technical administrators to help and advice on technical problems regarding adding the link and banners or other elements provided By By-Tech according the intergartion page in Affiliate Center on the Site. (b) Affiliate Site Development Cost. Development of the Affiliate Site shall be at the cost and expense of the Affiliate. 3. Limited License. (a) Grant of License to Affiliate. By-Tech grants to Affiliate during the term of this Agreement, a non-exclusive worldwide limited license: (i) to provide to users of the Affiliate Site access to the By-Tech Proprietary Link and the Designated Affiliate Pages on the By-Tech Proprietary Site along with the content contained therein; and (ii) at the Affiliate's sole cost and expense, the Affiliate may create materials that incorporate elements of or information contained in the By-Tech Proprietary Site and copy, display, publish and distribute the content of the By-Tech Proprietary Site for promotional purposes. Each party hereby grants to the other during the term of this Agreement the right to use such trademarks or trade names of the granting party as may be agreed upon (in a separate writing) for inclusion in the Affiliate Site, the By-Tech Proprietary Site, the By-Tech Proprietary Link and the Designated Affiliate Pages as long as the granting party maintains quality control over the marks and any use of the marks inures to the benefit of the granting party. Affiliate shall prominently display on the Affiliate Site the phrase "Powered by Travel By Click" on all Sites search form pages. (b) Grant of License to By-Tech. Upon obtaining the prior written consent of Affiliate, the Affiliate grants to By-Tech a non-exclusive royalty-free license during the term of this Agreement to use, reproduce, electronically distribute and publicly display the Designated Affiliate Pages for the promotion for which the written consent is given. 4. Reporting and Payment. Booking statistics relating to Affiliate, including daily activity and monthly and quarterly reports may be accessed by Affiliate on the By-Tech Proprietary Site by Affiliate providing Affiliate's unique user name and password. Affiliate, at Affiliate's own expense, may elect to inspect By-Tech 's accounts and records (to verify the amount of commissions earned by Affiliate) at intervals of one (1) months during the term of this Agreement payments under 50$ commission will be added to next month payments. Affiliate agrees that By-Tech will be the only party to bill and collect booking commissions from any travel supplier. Affiliate shall be paid as provided on Exhibit A. 5. Limited Warranty; Indemnity. (a) Limited Warranty. By-Tech warrants that (i) to the best of its knowledge, it has the right to provide the content of the By-Tech Proprietary Site, including the content of the Designated Affiliate Pages and (ii) to the best of its knowledge, at the time of delivery of the content of the By-Tech Proprietary Site and the Designated Affiliate Pages, such content will not materially violate or infringe the rights of any third party. Similarly, Affiliate warrants that (i) to the best of its knowledge, it has the right to provide the content of the Affiliate Site and any information provided to By-Tech by Affiliate for inclusion in the By-Tech Proprietary Link or the Designated Affiliate Pages and (ii) to the best of its knowledge, at the time of delivery of the content or information provided to By-Tech by Affiliate for inclusion in the By-Tech Proprietary Link or the Designated Affiliate Pages, such content or information will not materially violate or infringe the rights of any third party. 6. Confidential Information. (a) Financial Information as Confidential Information. The financial information regarding the calculation of and the amounts paid hereunder by By-Tech as provided in Section 6 and Exhibit A to Affiliate shall be considered Confidential Information. (b) Management of Confidential Information. Each party agrees that: (i) all Confidential Information shall remain the exclusive property of the owner; (ii) it shall maintain, and shall cause its employees and agents and subcontractors to maintain, the confidentiality and secrecy of the other party's Confidential Information; (iii) it shall take all reasonable action necessary to ensure that its employees and agents do not copy, publish, manipulate, disclose to others or otherwise use the Confidential Information of the other party; and (iv) it shall return or destroy all copies of the other parties Confidential Information upon request of the other party, and indemnify and hold harmless the owner from and against all damages and expenses (including attorney fees and costs) arising from a breach of this provision. 9. Agreement Term; Termination. (a) Termination for Default. If either party shall materially breach any provision contained in this Agreement and such breach shall not have been cured within thirty (30) days after written notice thereof has been given to the appropriate party, the party giving such notice may then give further written notice to such other party terminating this Agreement, in which event this Agreement and rights granted hereunder shall terminate on the date specified in such further notice. The foregoing sentence will be disregarded if either party in its sole judgment believes that the breach by the other party of this agreement constitutes an immediate and material threat to its integrity and this Agreement shall terminate immediately without the requirement of any notice to the other party. (b) Removal Upon Termination. Upon the termination of this Agreement for any reason, the Affiliate shall immediately terminate all access to the Designated Affiliate Pages through the By-Tech Proprietary Link, and the license under Section 3 hereof shall automatically terminate. (c) Survival of Payment Obligations. Termination of this Agreement shall not affect the obligation of either party to pay the amounts owing or to become owning pursuant to this Agreement on or before the date of such termination. 10. Limitation on Damages. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT. 11. Miscellaneous. (a) Relationship of the Parties. Notwithstanding anything to the contrary, this Agreement does not and shall not be deemed to constitute a partnership or joint venture between the parties and neither party nor any of their respective directors, officers, employees or agents shall, by virtue of the performance of their obligations under this Agreement, be deemed to be an agent or employee of the other. (b) Applicable Law. This Agreement shall be exclusively governed by and subject to the Israeli Law. (c) Assignment; Amendment; Entire Agreement. Neither party shall assign this Agreement in whole or part without the prior written consent of the other party except that either party may assign this Agreement in its entirety to its parent, any subsidiary in which it holds a majority voting interest, or any affiliate or in connection with a merger, reorganization or sale of a substantial part of the business to which this Agreement relates. This Agreement sets forth the entire agreement and understanding of the parties hereto concerning the subject matter hereof; supersedes and replaces all prior agreements, arrangements, and understandings between the parties; and may be amended, modified, superseded or canceled only by a written instrument executed by both parties. I hereby Agree to the above terms and conditions By click on the Agree Botton Exhibit A By-Tech agrees to pay Affiliate a commission according to the following schedule: 1. The commission shall be 4% of each reservation that will be made through Affiliate’s customers in the site (the “Commission”). 2. A Reservation under this Agreement shall only mean such reservations that were actually paid for by Affiliate’s customers. 3. The Commission shall be paid at the end of the calendar month in which the reservation was paid for. 4. A payment under 100 Euro will be added to the next month’s payment. 5. All commissions will be paid in Euro. 6. By-Tech will not pay commissions regarding canceled reservations. 7. There shall be no payments to third parties. 8. All payments regarding the commissions will be paid to the Affiliate by By-Tech in cheqes, credit card, bank transfer or any other method, all at By-Tech’s sole discretion.
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