Partner Terms

  1. Introducing Clients to Bookster

    1. Prospects must be introduced to us by registering for Bookster via Partner Link to be considered an Introduced Client.  We reserve the right to reject any Prospect at our discretion. If we do not approve a Prospect as an Introduced Client within six (6) months of the date of your introduction, no Commission will be payable in respect of that Prospect.
    2. You cannot refer yourself
    3. Subject to the remainder of these Conditions, we will pay you Commission for each Introduced Client.

  2. Payment

    1. We set and revise the fees and payment terms for Bookster from time to time at our discretion.
    2. Subject as follows Commission will be paid to you in the Quarter following the Quarter in which we have obtained collection from the relevant Introduced Client as cleared funds exclusive of VAT or other applicable sales tax, duties, charges and taxes (if any) which will be paid at the rate and in the manner for time being prescribed by law.
    3. Commission will only be payable where we have obtained the applicable fees from the relevant Introduced Client and you have provided us with a PayPal account.
    4. To assist you in calculating and / or verifying your Commission and, where appropriate, raising invoices, we will endeavor to provide you with access to view your Commission reports.
    5. All payments will be made by PayPal.
    6. If you dispute the Commission paid or payable by us, you must notify us of your dispute in writing within (ten) 10 days of us making the relevant Commission statement available to you. We will then investigate your dispute and, following our investigation, we will notify you of our decision and that decision will be final. If you do not notify us of any dispute, you are deemed to have agreed that the Commission set out in the applicable Commission statement is accurate and complete.
    7. You are only entitled to Commission as set out in these Conditions and so we reserve the right to correct any inaccuracies in Commission statements we produce from time to time. If at any time we have paid you Commission in excess of the Commission actually due to you, you will immediately repay that Commission to us on receipt of notice from us to do so.
    8. We reserve the right at any time to set-off any amounts you owe to us against any amounts we owe to you whether under these Conditions or otherwise.

  3. Effect of termination

    1. Where your participation in the Programme is terminated, you will:
      1. no longer be entitled to receive any benefits associated with it;
      2. immediately cease promoting Bookster and describing or holding yourself out as connected with us;
      3. discontinue use of the Bookster Logo; and
      4. destroy and / or return to us (at our election) all of our materials and other documentation which you obtained in relation to or as a result of your participation in the Programme.
    2. Any Commission payments will cease to accrue or be payable from the date of termination of your membership to the Programme.
    3. You agree that for a period of nine (9) months after termination you will not actively solicit any Introduced Clients to move to a different service provider for services that are the same as or similar in nature to Bookster.
    4. Termination of these Conditions will not affect any accrued rights or liabilities of either party or the coming into force or continuance in force of any provision of these Conditions which is expressly or by implication intended to come into force or continue in force on or after termination.

  4. Intellectual Property Rights

    1. We (or our licensors) or our Affiliates (as applicable) own and will continue to own our IPR, including without limit the Bookster Logo, and other than as permitted under these Conditions, you will not use, or permit any third party to use, any of our IPR, including without limit the Bookster Logo, or any mark, words, logo, device or any other branding which is similar to or mimics any Bookster Logo, without first obtaining our prior written consent.
    2. During your participation in the Programme you may use the relevant Bookster Logo only to promote Bookster in accordance with these Conditions and as otherwise prescribed by us from time to time. If requested by us, you will submit any promotional, marketing or other materials used in relation to Bookster to us for approval prior to using them.
    3. You agree not to use any Bookster Logo as part of your corporate or business name and always to display your corporate or business name and the relevant Bookster Logo in accordance with our guidance.
    4. You agree not to use, create or register (or attempt to register) any trademark or domain name which incorporates any Bookster Logo or any similar mark, logo, words, device or any other branding, without our prior written consent.
    5. During your participation in the Programme you grant to us a non-exclusive right to use your IPR in relation to the promotion of Bookster and / or the administration of any contract with Introduced Vendors, subject to our compliance with your guidance (as notified by you to us) in relation to use of those IPR from time to time.
    6. Each party warrants to the other that its respective IPR will not infringe any IPR of a third party. Each of the parties indemnifies (the “indemnifying party”) the other (the “indemnified party”) harmless from and against all losses, damages, liabilities, expenses and costs (including reasonable legal costs) which the indemnified party may incur or suffer as a result of a breach by the indemnifying party of the warranty it gives under this clause or of any dispute or contractual, tortious or other claims or proceedings brought against the indemnified party (as applicable) in any jurisdiction by a third party alleging infringement of such third party’s IPR by reason of the indemnified party’s (as applicable) use or exploitation of the indemnifying party’s (as applicable) IPR.

  5. Data Protection

    1. Both parties agree that if any data exchanged between them would be classified as personal data or sensitive personal data as such terms are defined in GDPR, the recipient of the personal data (“Recipient”) will process such data in accordance with the provisions of GDPR and comply with the data protection principles set out in GDPR.
    2. If the Recipient would be classified as a data processor under GDPR and the party disclosing the data classified as a data controller, the Recipient agrees to comply with the obligations placed on the data controller by GDPR, which are:
      1. to maintain technical and organisational security measures sufficient to comply with at least the obligations imposed on the data controller by that seventh principle; and
      2. only to process personal data for and on behalf of the data controller for the purpose of performing its obligations under these Conditions and to allow the data controller to audit the data processor’s compliance with the requirements of GDPR on reasonable written notice at reasonable intervals or to provide the data controller with sufficient evidence of its compliance.

  6. Confidentiality and Publicity

    1. Each party agrees to treat the other’s Confidential Information as confidential and will not at any time copy, use or disclose to any person the other’s Confidential Information, except as permitted by these Conditions.
    2. Either party may disclose the other’s Confidential Information:
      1. to that party’s employees, officers, representatives or advisers (as applicable) who need to know such information for the purposes of carrying out your or our respective obligations under these Conditions. Both parties will ensure that their respective employees, officers, representatives or advisers to whom the Confidential Information is disclosed comply with this clause; and
      2. as may be required by law, court order or any governmental or regulatory authority.
    3. Neither party will use the other’s Confidential Information for any purpose other than to perform its respective obligations under these Conditions.
    4. You undertake not to (except as may be required by law or in order to instruct professional advisers in connection with these Conditions) disclose or permit disclosure of any details of the Programme or these Conditions to the news, media or any third party, except this does not prevent you from promoting Bookster in accordance with these Conditions.