Affiliate Partner Agreement
Thank you for your interest in signing up to the Rentalcars Connect Affiliate Partner Programme. By becoming an affiliate partner of Rentalcars Connect, the Affiliate hereby agrees to and accepts the following terms and conditions:
(A) The Supplier (TravelJigsaw Limited trading as Rentalcars Connect) carries on the business of car rentals and ground transportation
(B) The Affiliate (you) wishes the Supplier to provide its car rental and ground transportation services (Services) to the Affiliate through the Affiliate Website (as set out in the registration form).
Terms and Conditions
1) Commencement and Duration: The Services supplied under this agreement shall be provided by the Supplier to the Affiliate from the agreed commencement date for a minimum period of 12 months.
2) Supplier Obligations: The Supplier shall commit to providing the Services in accordance with the details listed in Schedule One
3) Affiliate Obligations:
3.1. The Affiliate shall:
a) co-operate with the Supplier in all matters when it is reasonable to do so relating to the Services; and
b) provide the Affiliate services in accordance with Schedule Two.
3.2 The Affiliate shall not use the services of any other supplier of car rental or ground transportation services during its partnership with the Supplier.
3.3 The Affiliate agrees that any promotion or marketing of the Affiliate Website, rentalcars.com or the Service that the Affiliate may undertake or conduct shall comply with the following provisions:
The Affiliate agrees to comply with Google webmaster quality guidelines and continually check for updates to remain compliant. Affiliates found using techniques violating them will be given 30 days to rectify any known issues before we terminate our agreement. This includes using automatically generated content, participating in link schemes, cloaking, sneaky redirects, hidden text or links, doorway pages, scraped content and abusing rich text snippets. The full list of guidelines are available here.
3.4 The Affiliate shall not make the Service (directly or indirectly) available through travel search sites or price comparison sites, unless agreed otherwise in writing by the Supplier
3.5 The Affiliate shall comply with any reasonable request from the Supplier to stop using any paid search term or SEO which is subject to a third party complaint.
3.6 The Affiliate agrees not to communicate with any car rental or ground transportation supplier regarding any bookings or customer service for bookings made through the system.
3.7 The Affiliate agrees that it will not take or omit to take any action that may affect the Supplier’s relationship with any car rental or ground transportation supplier
4) Charges and Payment: The Supplier shall ensure that payment is made to the Affiliate in accordance with Schedule 3 of this agreement.
5) Intellectual Property Rights: Each party hereby grants permission to the other party to use its name and logo for the purposes of provision and promotion of the Services during the term of this agreement.
6.1 Either party may terminate this agreement without liability to the other immediately on giving notice to the other if:
a) the other party breaches any of the terms in this agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or
b) an order is made or a resolution is passed for the winding up of the other party, or circumstances arise which entitle a court of competent jurisdiction to make a winding-up order of the other party; or
c) the other party ceases, or threatens to cease, to trade
6.2 This agreement may be terminated immediately by the Supplier or upon 1 month’s written notice at any time by the Affiliate..
6.3 Each party will keep confidential all technical or commercial know-how, including specifications, processes, initiatives and any confidential information concerning the business, services or products of the other party. For the avoidance of doubt, the Supplier may share confidential information with its corporate group.
6.4 This clause 6 shall survive termination of this agreement, however arising
7.1 The Supplier shall not be responsible for loss of profits, business, anticipated savings, goods, contract, use, data, information, including but not limited to any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
7.2 The Supplier’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the particular aspect of the Services that is the subject of the claim provided always that any limitation of liability set out in this agreement shall not apply so as to restrict the Supplier’s liability for death or personal injury resulting from its negligence or for fraud or fraudulent misrepresentation.
8. Force Majeure: The Supplier shall have no liability to the Affiliate under this agreement if it is prevented from or delayed in performing its obligations under this agreement by acts, events, omissions or accidents beyond its reasonable control.
9. Data Protection: Each Party warrants that it will duly observe all its obligations under the Data Protection Act 2018 (as may be amended, extended or re-enacted from time to time), the General Data Protection Regulation 2016/679 (as may be amended, extended or re-enacted from time to time), and any similar applicable legislation in relation to privacy, data protection, e-Privacy and/or marketing that applies in the jurisdiction where such party is incorporated and/or the country in which that party has its head office ("Applicable Data Protection Law"). The Parties agree and acknowledge that for the purposes of Applicable Data Protection Law, and this Agreement they will be independent data controllers of any and all personal data processed under this Agreement.
10. Ethical Business Practices: The Affiliate confirms that throughout the term of this agreement it shall (i) operate its business in accordance with the terms set out in the Modern Slavery Act 2015 and such other applicable laws relating to anti-slavery and human trafficking applying in the countries in which the Affiliate operates and comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption, including, but not limited to the Bribery Act 2010 (Requirements); (ii) put in place and maintain its own policies and procedures to ensure its compliance with the Requirements; and (iii) ensure that its contracts with its sub-contractors and suppliers contain provisions that are no less protective than those set out in this Clause 10. The Affiliate shall complete and submit any screening or re-screening questionnaire/documents sent by the Supplier from time to time throughout the Term of this Agreement within the time period specified by the Supplier. The Supplier will not be able to make any payments to the Affiliate until all checks have been submitted and confirmed.
11. Severance: If any clause (or part of a clause) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.
12. Variation: The Supplier reserves the right to update or amend these terms from time to time, and any update or amendment shall take effect 14 days after they are communicated to the Affiliate. Such communications may be made by e mail). If no objection is made by the Affiliate within 14 days, the updated terms will be deemed accepted.
13. No Partnership or Agency: Nothing in the agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
14. Governing Law and Jurisdiction: This agreement and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the laws of England and subject to the exclusive jurisdiction of the English courts.
Schedule One – The Supplier’s Services
Car Rental and Ground Transportation Services
1. Provision of a car rental and ground transportation booking engine.
2. Provision of (dynamic) car rental and ground transportation advertisement banners
3. Provision of confirmation widgets and banners
4. Provision of a XML feed (further documentation will be needed for this. The Supplier will contact the Affiliate in this event).
5. Any other agreed method
Schedule Two - The Affiliate’s Services
Main Car Sections
The Affiliate will co-operate in the maintenance and correct functioning of any car hire or ground transportation sections across the Affiliate portfolio during the whole duration of the contract. Any substantial changes to the current layout or way the customers have access to the car hire or ground transportation section will have to be agreed in advance with the Supplier.
Promotion across the sites
In order to ensure the highest levels of conversion in the sites, the Affiliate will offer car rental and or ground transportation services at all appropriate points of sale where possible, including:
1. Via a car rental/ ground transportation tab
2. In the car rental/ ground transportation page
3. In the confirmation page of flight, hotel, etc. through a car rental/ ground transportation widget
4. In the confirmation email of flight, hotel, etc. through integrated banners
6. Any other agreed method
If the Affiliate is using the Supplier’s XML feed:
The Affiliate agrees to comply with the following terms and conditions:
1. pass through the IP address of the person doing the search in their XML requests
2. offer the Supplier’s Full Protection product as an optional extra during the car rental booking process at all times, when available
3. pass through the full customer details including but not limited to email address and contact telephone number.
Schedule Three - Commission and Payment
The Supplier will pay a 40% gross car profit share on all completed car and ground transportation bookings made, net of any cancelled bookings. A no show rate of 36% will be applied to payable local bookings (currently only applicable to US and Canada markets) net of any cancelled bookings.
The profit share for the rental amount of the booking will be paid to the Affiliate's bank account once the car rentals have been completed (i.e. the rental period has passed and the rental car has been returned to the rental company) and ground transportation commission may only be invoiced once journeys have been completed (i.e. the pick-up date has passed) and the overall amount exceeds £50.00, €75.00 or $100 as appropriate. These are paid at the end of the following month. The Affiliate must provide accurate bank details before any integration is activated. Under these circumstances the Supplier reserves the right not to pay these commission amounts.