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Terms and conditions: AFFILIATE TERMS & CONDITIONS This document is intended to govern contractual relationships between: • Total Activities Online Pty Ltd ABN, situated at Suite 2/18 Leda Drive Burleigh, QLD 4220, Australia. • And the affiliate which has been identified on the registration form. 1. The Link TA has set up an affiliate program aimed at allowing a link between the totalactivities.com internet site and the site of an affiliate ("the Affiliated site"). Using an icon, a banner, a search engine, a hypertext link to a page of the Site will allow visitors at the affiliated site to be re-routed to the Site and have the ability to make bookings for various types of activities, attractions, transport and theme parks with specified local operator providers. 2. Acceptance of the affiliate by Total Activities Online TA reserves the right to reject any application at its sole discretion, without having to justify its refusal in any manner whatsoever. TA will refuse affiliation to any site which (the list is not exhaustive) directly or indirectly: • Has a content of violent, racist, extremist or defamatory nature; • Offer pornographic, erotic, religious, political or other types of content; • Does not comply with any law or regulation in force or infringes third-parties rights; or • which might be detrimental in any way whatsoever, to TA’s brands, image or reputation. The Affiliate acknowledges that its electronic signature at the bottom of the registration form constitutes acceptance of this Agreement. 3. Obligations of the Affiliate The Affiliate undertakes to: Ensure the Affiliated Site does not include or have a direct or indirect link with sites which: • has a content of violent, racist, extremist or defamatory nature; • offer content of a pornographic, erotic, religious, political or other nature; or • which might be detrimental in any way whatsoever, to TA’s brands, image or reputation; And will: • comply with any law or regulation in force and observe third-parties rights • comply with the graphic components in reproducing the TA and Partner logo and brands and not modify them in any way; • not modify the HTML codes required to create the links to the TA and its Partners site; • not assign, transfer, license or deal with any of the Affiliates' rights under this agreement; • Ensure that the activities is not discounted by forfeiting affiliate commission. Every activity must be sold at the same price it is listed in the TA; and • Affiliates must always have its URL powered by Total Activities. The access to programs and data contained in the TA and Partner sites does not confer upon the Affiliate any right to these programs or data which shall remain the exclusive property of their authors or TA. 4. Acknowledgment about A Booking The reservation is made directly between visitors of the affiliated site and the attraction providers. The attraction providers are responsible for the proper booking and provision of services resulting there from. TA has no liability for anything the attraction provider does or fails to do. 5. Application Access TA will allocate each affiliate its own confidential code and password allowing it direct ongoing access to the Site. The affiliate will be paid a commission of total sales and will have access to a detailed report on the bookings generated by the Affiliated site and the remuneration to which the affiliate is entitled. The Affiliate recognizes that all of the files shall remain the property of TA who undertakes not to transfer them to any third party. 6. The Fee In exchange for setting up the link on the Affiliated site, TA will remunerate the Affiliate based on a flat commission rate. TA reserves the right to modify at any time the nature and amount of fees to be paid under this Agreement, without prior notification, and taking effect immediately. Commission payments will be made within 30 days following the activity date. A recipient created invoice will be issued for all payments showing the commission earned from each booking. 7. Privacy TA will not use information from any customer that has been generated by an Affiliate e.g. email, data base mining etc. for above and below the line customer marketing or approach Affiliate past customers without the Affiliates approval. TA will not disclose your personal information to third-party companies without your consent. Information contained in this Internet service cannot in any case be rented, sold, transferred or made available to another person either free of charge or for payment. 8. Date of effect This Agreement shall take effect after acceptance by TA of the application of the Affiliate and receipt by the Affiliate of an e-mail confirming that it has set up the link. 9. Term of the agreement The term of this Agreement begins upon TA acceptance of affiliate's application for the TA Affiliate Program, and ends when terminated by either party. Either the Affiliate or TA may terminate this Agreement at any time, for any reason or no reason, by giving the other party written notice of termination. Within 24 hours after termination (whether by the Affiliate or TA), the Affiliate must remove TA links and any copies of the TA and it's partners Intellectual Property from its site and must destroy or erase from computer memory. Amounts earned and collected by TA before termination will be paid to the Affiliate. 10. Testing of Site TA may test the Affiliate’s site, and if such Affiliate site does not comply with this Agreement, TA, in its sole discretion may demand the removal of links or set commission levels to 0% or terminate this Agreement or all or any of the above. 11. Entire Agreement These general terms and conditions constitute the entire agreement between the parties. If one or more provisions of this Agreement are held to be unenforceable under applicable law; such provision shall be excluded from this Agreement and the balance of this Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms. 12. Force Majeur TA shall not be liable for any delay in performing or for failure to perform any obligations under this Agreement to the extent that the failure is caused by an event beyond its reasonable control. 13. Dispute-Applicable law These general terms and conditions shall be governed by the Laws of Queensland, Australia. The exclusive Jurisdiction for determination of disputes under this Agreement are the Courts of Brisbane, or Southport, Queensland, Australia.
I agree to the above terms and conditions

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