TERMS & CONDITIONS
CheckMyFaresXpress is desirous of gaining additional customers to its Mobile Application known as “CMFx” (the “CMFx App”) an online airline booking facility, offering members discounted and last-minute standby flights and travel packages.
The Program Partner (a person, business or company joining the CheckMyFaresXpress Revenue Share Partner Program) is in a position to refer potential customers to CheckMyFaresXpress. In consideration of the commission offered by CheckMyFaresXpress, the Program Partner agrees to this referral Agreement between the parties.
CheckMyFaresXpress (a division of Checkmyfares.com Pty Ltd ABN 58 628 811 521) is in the business of operating an online travel agency.
The Program Partner will refer potential customers to CheckMyFaresXpress. CheckMyFaresXpress will provide the Program Partner with a unique Promotional code, giving, free or discounted membership to the CMFx App.
CheckMyFaresXpress will provide the Program Partner with templates of the adverts to include in their EDM’s, which will consist of this promotional code and instructions or links on how to download the CMFx App.
Once the customer has registered using the promotional code, provided above, CheckMyFaresXpress will continue to pay the Program Partner the refer fees, described in this agreement, on all future bookings by that customer for the life of this agreement.
The Program Partner undertakes to send regular EDM’s (emails) to its customer base, offering its customer’s various exclusive travel offers. From time to time, CheckMyFaresXpress will send EDM of exclusive member offers and flash sales to registered customers.
CheckMyFaresXpress will provide the Program Partner with a unique promotional code, which will offer the customer, free annual membership as well as access to last-minute, standby fares as well as member-only sales and offers.
This code is how we identify the Program Partner; the customer must use this code on registration to get free membership.
CheckMyFaresXpress shall pay The Program Partner ;
$1 bonus paid on customers first booking.
CheckMyFaresXpress shall also pay the Program Partner for every successful booking made by the customer an amount equal to 1% of the full net (excluding any tax or GST) ticket or tour value.
Refer fees are paid for the life of this agreement.
CheckMyFaresXpress may amend these incentives by giving the Program Partner 30 days’ notice of any amendment.
CheckMyFaresXpress will pay the Program Partner at the time of receiving payment for the reservation. On cancelled reservations irrespective of when, why, or by whom. Or if any refund or compensation is made to the customer in respect of this reservation. Any referral or booking commission paid to the Affiliate for this booking will be clawed back.
It may be necessary for CheckMyFaresXpress to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to the Program Partner for The Program Partner to seek out potential referrals. The Affiliate will not share any of this proprietary information at any time. The Affiliate also will not use any of this proprietary information for their benefit at any time. This clause shall remain in force for 12 months after termination of the agreement
The Program Partner will not disclose or publish any of the specific member-only offers or flash sales other than to send them to their customer base.For the propose of clarity, these fares and offers are provided to us by the respective airlines, hotels or tour operators on the understanding they will not be publicly published. They are intended for a closed user group of CMF Express members only. This confidentiality agreement will continue for the life of this agreement and a further 12 months after termination.
Term of Agreement
This agreement shall commence upon the date Program Partner registration and will continue until terminated by either party, as described in paragraph 8 below.
Termination of Agreement
This agreement may be terminated by;
The Program Partner upon written notice to CheckMyFaresXpress. Upon termination by the Program Partner, CheckMyFaresXpress shall pay the Program Partner all compensation due and owing for referrals and bookings made before the date of termination.
CheckMyFaresXpress upon 30 days written notice to the Program Partner. Upon termination by CheckMyFaresXpress, CheckMyFaresXpress shall continue to pay all compensation due and owing for referrals and bookings made before for the next four calendar months.
Not accepting any amendment as described in paragraph 4.On termination of this Agreement, CheckMyFaresXpress may withhold any unpaid referral or booking fees to cover any cancellation of reservations not yet completed.
In the event of the CMFx App discontinuing, for any reason whatsoever.
Representations and Warranties
Both the Parties represent that they are fully authorized to enter into this agreement. The performance and obligations of either party will not violate or infringe upon the rights of any third-party or violate any other agreement between The Parties, individually, and any other person, organization, or business or any law or governmental regulation.
The Parties each agree to indemnify and hold harmless the other party, it’s representatives, officers, agents, employees, and permitted successors and assigns against any claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from the negligence of or breach of this agreement by the indemnifying party, its respective successors and assigns that occurs in connection with this agreement. This section remains in full force and effect even after the termination of this contract by either party.
CheckMyFaresXpress will from time to time, send out EDM’s(emails offering member-only exclusive deals or offers) to the Program Partner customers that have downloaded the CMFx App. The Affiliate will be paid commission on all bookings made by these customers.
Breach of Agreement
If the event of the Program Partner breaching any clause of this agreement and not remedy such breach within 14 days of written notice, CheckMyFaresXpress may, at its sole discretion;
Cancel the agreement. In such an event CheckMyFaresXpress shall pay the Program Partner all compensation due and owing, less and deductions for cancellations and or refunds, for referrals made before the date of notification of default, but not yet paid.
Claim any damages or amounts or refunds due to CheckMyFaresXpress, including repayment of compensation paid on cancelled bookings.
If the Program Partner commits an act of insolvency or is placed under administration or declared insolvent. This agreement shall immediately cancel with no more compensation paid.
To deliver notices, payment notifications, and any notice in terms of this agreement, the parties elect to receive such notice by way of an email. Emails sent shall be considered delivered on the day submitted. The parties nominate their email address provided.
Limitation of Liability
Under no circumstances shall either party be labile to the other party or any third party for any damages resulting from any part of this agreement such as, but not limited to, loss of revenue or anticipated profit or lost business, costs of delay or failure of delivery, which are not related to or the direct result of a party’s negligence or breach.
In the event, any provision of this agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the agreement and all other provisions should continue in full force and effect as valid and enforceable. The failure by either party to exercise any right, power or privilege under the terms of this agreement will not be construed as a waiver of any subsequent or further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
Legal and Binding Agreement
This agreement is legal and binding between The Parties, as stated above. The Parties each represent that they have the authority to enter into this agreement.
Governing Law and Jurisdiction
The Parties agree that the State Queensland Australia shall govern this agreement.
Changes and Amendments
CheckMyFaresXpress may change and or amend any of these terms and conditions from time to time. In the event of a change in referral fees and or commission CheckMyFaresXpress will give the Program Partner 30 days notice of such change. If the Affiliate is not in agreement with this change, they can cancel this agreement in terms of paragraph 8.
The Parties acknowledge and agree that this agreement represents the entire Agreement between The Parties. If the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both The Parties.
The Program Partner confirms they have read the above terms and conditions and by joining the Revenue Share Partner Program they are in agreement with them.