By accepting the present terms and conditions (the “Terms”, the “Agreement”) to be an affiliate in the present Affiliate Program (the “Program”) you agree to be bound by these Terms. Please ensure that you read the Terms carefully before accepting them. These Terms are a legal agreement between Gastronomy Tours, a company registered at the Chamber of Commerce of Greece, with General Commercial Registry – GEMI number 083672802000, and Tax Identification Number EL043478044, having its headquarters at the 1st km Pikermi – Spata Avenue, 19009 Pikermi, Attica, Greece (“Gastronomy Tours”, “we”, “us”) and You (the “Affiliate”, “you”), together referred to as the “Parties”.
These Terms constitute the entire agreement between us for the Program and supersede all other proposals and agreements, whether oral or written. We object to and reject any additional or different terms you propose, including (but not limited to) those contained in your website.
Any violation of these Terms may result in, among other things, termination or suspension of your rights to be an Affiliate and forfeiture of any outstanding affiliate referral fee payments earned during the violation.
1. Participation in the Program.
To enrol in the Program, you must have the legal capacity to do so. You may not use the Program for any illegal or unauthorized purpose.
You must create an Affiliate Account (“Account”) by providing all information requested (i.e. your first and last name, your contact information, your company’s name, your company’s website, etc.), as well as a username and a password. Each Account is for use by a single legal entity (e.g., a company, not individuals). You shall not share your username and password with third parties or multiple network users. You are responsible for the security of any usernames and passwords issued. You must also agree to the present Terms that shall apply in full force and effect until terminated, pursuant to the present Agreement. We may ask you to provide us with more information and legal documentation if necessary.
We will notify you whether you have been accepted to participate in the Program or not. We reserve the right to reject your participation in the Program for any reason.
2. The Program.
Following the creation of your Account and acceptance of your participation in the Program, we will provide you with a URL link that must be used to identify you when placing a link from your site (“Affiliate Site”) to the Gastronomy Tours website (“Approved Ηyperlinks”). You agree to identify yourself as a Gastronomy Tours Affiliate and to display our Approved Hyperlinks on each website you have identified in your Account. We may also provide graphical images that can be used within the Approved Hyperlinks to promote Gastronomy Tours. You may not modify these images in any way. We reserve the right to change the images at any time without notice.
You will be solely responsible for your site’s development, operation, and maintenance and for all materials that appear on it.
You may not use our name or graphics in any bulk email whatsoever unless we have given our written consent. We may terminate the Agreement if any meaningful spam complaints naming us or our services result from your marketing activities.
You may not in any manner imply any relationship between us and you or any other third person or entity or misrepresent or embellish the relationship between us and you, or any other third person or entity, unless we have given our written consent.
3. Customers
Customers who, during the term of this Agreement, visit our website by hyperlinking via our approved link and during that same visit book one of our Services using our Online Booking System shall be known as “Affiliate Referrals.” For more information about our Services, we advise you to visit our website and read our Terms and Conditions.
You will not be entitled to receive Referral Fees on any future additional purchases of our Services by that same Customer.
Every customer who buys a service through the Program is deemed to be a customer of Gastronomy Tours. Accordingly, our rules, policies, and operating procedures concerning pricing, customer orders, customer service, and service sales will apply to those customers. We may change our policies and operating procedures at any time. We are not responsible for any representations made by you that contradict our rules, policies or operating procedures.
4. Commission Referral Fee
To receive payment under this Agreement, you must (i) have agreed to the terms of this Agreement; (ii) have completed all steps necessary to create your Account in accordance with our directions; and (iii) have provided us with accurate bank details and tax documentation if needed. If you wish for your payment to occur in a bank other than Revolut, please note that any bank fees are payable by you.
We will pay you a 15% commission referral fee (“Referral Fee”) based upon the amount actually collected from an Affiliate Referral for our Service, net of any offsets for credit card fraud, bad debt, or credit due because of cancellations. All fees are exclusive of all taxes, charges, levies, and other fees of any kind imposed on your involvement in this Agreement and shall be the responsibility of and payable by you. We reserve the right to alter or change the commission amount at any time.
We will determine the prices to be charged for Services sold under this Program in accordance with our pricing policies. Services prices and availability may vary from time to time. Because price changes may affect services listed on your site, you should not display Service prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular Service.
Referral Fees are only earned if a Customer makes a payment in full. The Referral Fees shall be paid on all completed bookings made for our Services to you on the first week of the month following each booking.
We will only pay you a Referral Fee if the Affiliate Referral is tracked in the Online Booking System. For our systems to track the referral, the Customer must have cookies enabled. The lifetime of cookies is two (2) years. We will not pay referral fees if someone claims they visited our website and made a booking through you, but our system did not track it.
Referral Fees are not paid if:
- such compensation is disallowed or limited by laws or regulations;
- the Customer has paid or will pay such commissions, referral fees, or other compensation directly to you;
- the Referral Fees have been obtained by fraudulent means, illegal, or overly aggressive or questionable sales or marketing methods, misuse of the Approved Hyperlink, in violation of the present, or by any other means that breach the spirit of the Program;
- the sales are generated by display traffic ορ Pay-Per-Click traffic.
5. Affiliate’s obligations (Representations and Warranties)
You are not allowed:
- to advertise our website on any review website or any coupon or discount code website without our explicit approval;
- to advertise our website on websites that advertise gray niche goods and services such as gambling, adult websites or services, crypto coins, etc.
You represent and warrant:
- that you have full power and authority to enter into the present agreement and that it is binding upon you and enforceable in accordance with these Terms; That your participation in this Program will not conflict with any of your existing agreements or arrangements;
- that you are the owner of all Affiliate Marks and that you have the legal right to grant us the license to use these; That our use of such Affiliate marks will not infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity;
- that you own and are solely responsible for the development, operation, and maintenance of each Affiliate Site and for the content of all materials that appear on each Affiliate Site; that you are compliant with all applicable laws and regulations; and that the content of each Affiliate Site is not defamatory, fraudulent, obscene, infringing or otherwise in violation of any legal rights or duties;
- that you will not engage in any “spamming” or similar activities that relate or refer, directly or indirectly, to us;
- that you will not make any representation or warranty on our behalf or concerning any services provided by us;
- that apart from the display of our Approved Hyperlinks, you will not use any of our trademarks, name, or URL in any way without our prior written consent;
- that you will not copy or attempt to duplicate the look and feel of our website or attempt to create an impression that any Affiliate Site is owned or operated by us;
- that you will not use any Customer information provided by us for any purpose other than to verify the Referral Fees;
- that all the data provided in your Account are accurate;
- that you will comply and ensure that any third parties performing actions on your behalf comply with all applicable foreign and domestic laws, governmental regulations, ordinances, and judicial and administrative orders;
- that you will not engage in any deceptive, misleading, illegal or unethical marketing activities or activities that otherwise may be detrimental to us, our Customers, or the public.
6. Term and Termination
The term of this Agreement will end when terminated as follows:
- Termination without cause
Either party may terminate this Agreement at any time without cause or penalty upon fifteen (15) days of written notice to the other party. In our sole discretion, we have the right to suspend or terminate your account and refuse any and all current or future use of the Program for any reason at any time.
- Termination with cause
We may terminate this Agreement:
- upon fifteen (15) days’ notice to you of a material breach of the present Terms if such breach remains uncured at the expiration of such period;
- upon fifteen (15) days’ notice to you of non-payment of any amount due to us if such amount remains unpaid at the expiration of such period;
- immediately if you become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, liquidation or assignment for the benefit of creditors or
- immediately if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us or our customers.
You may terminate this Agreement:
- if we update or replace the present Terms and do not wish to continue our collaboration, provided that you send us written notice within ten (10) days after we have updated or replaced them on our website.
Upon the termination of this Agreement for any reason, your Account will be deactivated or deleted and you will immediately cease use of, and remove from your site, all links to our website and all our images and other materials provided under the Program.
Termination of this Agreement without cause by us or with cause by you (due to update or replacement of the Terms), shall not affect our obligation to pay you Referral Fees, so long as the related payment by the Customer is recognized by us within thirty (30) days after the date of such termination.
In the event of termination for cause by us, our obligation to pay and your right to receive any Referral Fee will terminate upon the date of such termination, regardless of whether you would have otherwise been eligible to receive the Referral Fee before the termination date. Except as expressly outlined in this section, you are not eligible to receive a Commission payment after termination of this Agreement. Such termination will also result in the forfeiture of all potential referral fees in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
If the Program is terminated, we will pay any legitimate outstanding Referral Fees.
7. Trademarks and Licences
You agree that during the present term, we may, but are not required to, include your logos, trademarks, trade names, and similar material (“Affiliate Marks”) in connection with the Program and this Agreement. You are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright, trademark, and other laws. We are not responsible if you use another party’s copyrighted or trademarked material, violating the law.
During the term of this Agreement, if we make our trademark available to you, you may use our trademark only in connection with the Affiliate Program and this Agreement, as long as you only use the images of our trademark that we make available to you, without altering them in any way. If we ask you to discontinue use, you must immediately comply. In any case, you must not use our trademark misleadingly or disparagingly or in a way that implies we endorse, sponsor or approve of your services or products or in violation of applicable law or connection with an obscene, indecent, or unlawful topic or material.
We grant you only the rights and licenses expressly stated in these Terms, and you receive no other rights or licenses with respect to us, our Services, trademarks, or any other property or right of ours.
8. Disclaimers; Limitations of Liability
We and any of our officers, directors, employees, shareholders or agents make no representations or warranties about the suitability, reliability, availability, timeliness, security or accuracy of our services, content, or the affiliate program for any purpose. To the extent permitted by law, the program and our services are provided “as is” without warranty or condition of any kind. We disclaim all warranties and conditions of any kind, including all implied warranties or conditions.
We and any of our officers, directors, employees, shareholders or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, including lost profits or business opportunities, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort -including without limitation negligence-, contract or otherwise) in connection with this Program.
Nothing in the present shall exclude or limit our liability, or yours, for (a) death or personal injury; (b) fraud; (c) any liability which cannot be excluded or limited under applicable law.
If your use of material provided under this Program results in the need for servicing, repairing or correcting equipment, software or data, you assume all costs thereof. Our maximum aggregate liability under or in connection with these Terms, or any collateral contract, shall be limited to a sum equal to the aggregate amount which we are obliged to pay you in the twelve (12) month period immediately before the period giving rise to such claim.
9. Indemnification
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (“Action”) brought against us (and officers, directors, employees, shareholders or agents) by a third party not affiliated with us to the extent that such Action is based upon or arises out of your participation in the Program, your noncompliance with or breach of this Agreement.
We will:
- notify you in writing within thirty (30) days of our becoming aware of any such claim;
- give you sole control of the defence or settlement of such a claim and
- provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defence or settlement of the claim.
You shall not accept any settlement that imposes an obligation on us, requires us to make an admission, imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, before the date we entered into these Terms (unless such untrue statement was made fraudulently), and the other party’s only remedy shall be for breach of contract as provided in these Terms.
10. Confidentiality
“Confidential Information” means all confidential information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, whether or not designated as confidential. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party or (ii) was known to the Receiving Party before its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party.
The Receiving Party shall: (i) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that it uses with its own confidential information, but in no event less than reasonable care, (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information of the Disclosing Party to any third party, and (iv) limit access to Confidential Information of the Disclosing Party to its employees, contractors and agents. The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any law, statute, rule, regulation, or legal process.
11. Data Processing and Protection
The Parties acknowledge that in connection with the Program, each Party may provide or make available to the other Party Personal Data. To the extent that any Personal Data is processed in connection with the Project, the terms outlined in our site https://gastronomytours.com/legal/privacy-policy/ which are hereby incorporated by reference, shall apply. To avoid doubt and without prejudice to the foregoing, we shall be an independent controller of any Personal Data that we receive or share with you.
12. Force Majeure
We will not be responsible for failure or delay of performance if caused by events outside our reasonable control, such as strikes, lock-outs or other industrial action, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government. We will use reasonable efforts to mitigate the effect of a force majeure event. However, our performance is deemed suspended for the period the Force Majeure event continues.
13. Notice
All notices given by you to us must be given at [email protected] . We will give you notice at the e-mail address you provided when registering. Notice will be deemed received and properly served 24 hours after sending an e-mail. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. Language
The language of these Terms will be English. We might make versions of these Terms available in other languages. If we do, the English version will govern our relationship. The translated version is provided for convenience only and will not be interpreted to modify the English version of this Agreement. The language of our collaboration will be English and/or Greek.
15. Applicable Law/ Jurisdiction
This Agreement shall be governed by and construed in accordance with Greek law. Disputes arising in connection with the present shall be subject to the exclusive jurisdiction of the Courts of Athens.
16. Relationship of the Parties/ Non – exclusivity
The Parties are independent contractors. Nothing in this Agreement is to be construed to create a partnership, joint venture, or employment or agency relationship between you and us. Neither party has any authority to obligate or bind the other in any respect. This Agreement does not create an exclusive agreement between you and us. Both Parties will have the right to recommend similar services to third parties and to work with other parties in connection with the design, sale, installation, implementation, and use of similar services to third parties.
17. No Waiver
No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
18. Severability
Suppose applicable law determines any part of these Terms is invalid or unenforceable. In that case, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms will continue in effect.
19. Assignment
You will not assign or transfer this Agreement, including any assignment or transfer, because of merger, reorganization, sale of all or substantially all of your assets, or change of control, without our prior written consent.
20. No Third Party Beneficiaries
Nothing in these Terms, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or because of these Terms.
21. Update/ replacement of the present Terms
We reserve the right to update and change the Terms occasionally without notice. We might also choose to replace these Terms entirely if, for example, the Program changes, ends or becomes part of an existing program. You are advised to visit our site periodically to be up-to-date with any changes to the present Terms. If you don’t agree to the update, change or replacement, you can choose to terminate as described in the present.
Any amendments, modifications, enhancements or changes to the Program, including (but not limited to) the release of new features made available by us from time to time, fees, and payment procedures, shall be subject to these Terms. Continued use of the Program after any such changes shall constitute your consent to such changes.
22. Survival.
The sections 4, 5, 6, 7, 8, 9, 10, 13, 15 and 17 shall survive the expiration or termination of this Agreement.
