Affiliate Program Agreement

Relationship and conditions

As affiliate you agree that you are an independent contractor and not an employee, agent, partner, legal representative, or franchisee of Holiday-Secure. You also agree that no partnership, joint venture or other legal entity is created between you and Holiday-Secure.

You are entitled to present, describe, and recommend Holiday-Secure's service and to direct potential customers to Holiday-Secure's website with to your affiliate number. You are NOT in any way authorized to act on behalf of, for, or in the name of Holiday-Secure.

Holiday-Secure reserves all rights in or to its copyrights, trademarks, names, and graphics, although an affiliate may get permission to use these in accordance with this Agreement. You agree never to display any Holiday-Secure logo, graphic, image, name, trademark, or any presentation that might lead to mistake of these, in a way which may be distasteful, defame, or in any way misrepresent Holiday-Secure. You also agree instantly to remove any presentation related to this Agreement, if we notice you to do so and without notice, if this Agreement is terminated.

You are solely and fully responsible for any and all costs and expenses you incur, whatsoever, and you agree to hold Holiday-Secure harmless from any expense, including but not limited to telephone, web hosting, travel and other expenses you may incur.

You represent and warrant that you have read, know, comply with, and understand the policies, terms and company spirit that are set forth under "More info" on Holiday-Secure's website and that you will respect these policies and terms, as well as you will respect them in any contact with potential customers.

Payments

All Affiliate payments will be made in U.S. dollars. If a sale, no matter the reason, becomes withdrawn, cancelled or refunded, your commission for the sale is adjusted to 0 (zero) dollars. In such case we inform you, but we have no obligation to prove the reason for the adjustment. Commissions may be adjusted regardless if it has been paid to you and may cause a deduction of subsequent payments.

You agree and understand that Holiday-Secure does not deal with tax matters of any kind and is not responsible for withholding or deducting taxes or any other legally adopted amount or percentage of any amount. You are solely responsible for providing your local tax authorities with the correct information about any commission arising from this Agreement.

Commissions will be paid by Holiday-Secure as outlined on our website. Holiday-Secure reserves the right to change the price of any service, product and commission in its sole discretion without notice.

Obligations

As affiliate you must be 18 years of age or older. If you are under 18 years of age you are not permitted to be an affiliate.

You agree to provide Holiday-Secure with a valid contact information upon registration and to inform us if this information change. You agree to receive, read and immediately comply with e-mails from Holiday-Secure.

You agree not to disparage Holiday-Secure, its products, services, or other affiliates in any manner. You agree and understand that disparagement may result in the immediate suspension or termination of your affiliate account including cancellation of any earned and pending commissions.

You must know and observe the legislation and keep the regulations on the location where you are selling, no matter if this is a physical place like a country, street, mall, beach or on the Internet like Internet forums, blogs, or websites. You agree that you solely must bear any consequence of violation of such regulation. You also agree that such violation can never be a concern of Holiday-Secure and that you will completely indemnify Holiday-Secure for any damage, materiel as well as immaterial like loss of reputation or loss of sales, arising from your failure to comply to regulations while taking any initiative that might arise from this Agreement.

When a customer has made a purchase, Holiday-Secure takes over any contact with the customer regarding Holiday-Secure related matters. You are not allowed to contact any customer without prior permission from Holiday-Secure concerning the customer's purchase after a sale/purchase has been made, whether you have earned commission or not and/or your commission has been or will be reduced or cancelled and/or the customer has withdrawn its purchase, paid with an invalid credit card, or committed credit card fraud.

Holiday-Secure will make every reasonable effort to accurately track and pay commissions for all legal sales that belong to or are credited to you. Holiday-Secure is not responsible or liable for technical problems, acts by third parties, or other events outside its reasonable control which may temporarily or permanently interfere with, disrupt or diminish the tracking system or the service, even if such incident might cause that commissions are lost.

Our only responsibility to you is to track legal customer orders that occur through properly formatted links or use of your affiliate number on our special offer page and make an overview of your commissions on our website. All such overviews shall be un-audited, subjects of change if a commission has changed, and can never be considered as final. If an obvious error occurs in an overview, this overview shall be considered void.

Advertising on websites

You may place links to Holiday-Secure's website with your affiliate number on your own website and on other websites where you have the permission to do so.

You agree to read and respect rules provided by the website owner or the website administrator if you place links to Holiday-Secure on forums, blogs, or on websites that is not owned by yourself. You agree that links on websites must not be placed in a way that is misleading to visitors and you agree not to misrepresent Holiday-Secure or Holiday-Secure products or services on any website, including your own website.

You agree not to advertise Holiday-Secure, Holiday-Secure products or services on websites that promote sexually explicit material, violence, warez or pirated materials, or sites that promote discrimination based on race, sex, religion, national origin, or physical disability or sites that promote illegal activities.

You are solely responsible for ensuring that your affiliate links are set up properly to have sales tracked and recorded to qualify for commissions. Holiday-Secure is not responsible for the failure to assign any sale or commissions to you if this results from the improper formatting of any affiliate links. You find assistance on how to format links properly on our website.

We only pay commissions on sales that are tracked through our tracking system and indicate you as the source of the visit on Holiday-Secure's website or when a buyer makes a purchase after using your affiliate number on our special offer page. We track visitors originated from affiliates in 100 days after a visit.

We use browser "cookies" to track if a visitor, originated from you, returns within the tracked days and makes a purchase. You have no right to commissions based upon subsequent sales, if a visitors "cookie" is outdated, overwritten, deleted, or if a buyer later returns through another affiliate's link or source and makes a purchase, even if the customer first arrived at Holiday-Secure's website through your affiliate link.

We reserve the right to change the number of days visitors are tracked to any other number of days in our sole discretion, including 0 (zero) days, without any advance notice.

E-mails and spam

For the purpose of this Agreement spam is defined as e-mailing ANYONE, who has not specifically requested the information directly from the affiliate or sending e-mails to lists or groups to which you do not have permission, about Holiday-Secure, Holiday-Secure products or services, in bulk or by single mailing. To send unsolicited faxes or SMS-messages is also considered as spam.

Spam is prohibited. Any slight indication that the affiliate is associated with spam may cause immediately termination of this Agreement, including cancellation of any pending and owned commissions. We reserve the right to in our sole discretion to decide if we believe or assume that the affiliate has or is transmitting, sending or otherwise in any way deals with spam or similar unsolicited sending and to terminate this Agreement solely on the suspicion of such action or participation in such action.

The above mentioned does not prevent you from sending legal e-mails. In some cases you can send e-mails in accordance with the U.S. Federal CAN-SPAM Act, depending on the legislation on your location. If any legislation is respected and you have permission to do so, we accept the sending of e-mails to recipients on so-called opt-in lists.

If you use opt-in lists any and all requirements described below must be met - no point can be omitted:

-	The recipient must clearly and before you send any e-mail, have agreed to receive e-mails from you
-	The e-mail's "From," and "To," information must be the real sender and recipient's e-mail addresses
-	Only one sender and one recipient visible - no recipient must be able to expose any other recipients' e-mail addresses
-	The subject line must not mislead the recipient about the contents or subject matter of the message
-	It must be obvious to the recipient that the e-mail is sent on behalf of yourself
-	It must be obvious to the recipient that the e-mail is sent on your own initiative
-	It must be obvious to the recipient that the e-mail is NOT sent on behalf of Holiday-Secure
-	It must be obvious to the recipient that the e-mail is sent by you and the purpose is to advertise
-	The content of the e-mail must include the real valid physical postal address of the sender
-	The e-mail must end with a clear and easy unsubscribe (opt-out) Internet-based method like a mouse click
-	You must respect a recipient's unsubscribe (opt-out) request and not send more e-mails to the recipient

It is solely up to you to ensure that your actions is legal, which includes that you take local legislation into consideration, because we will consider any other e-mail than a completely legitimate e-mail to be spam.

Other ways of selling

If you sell Holiday-Secure products or services where using your affiliate link is impractical, like at home parties, garden parties, or on your workplace you can tell potential customers to enter your affiliate number on our special offer page. This will track the visitor and is similar to using the affiliate link.

You agree to respect the legislation if you sell at a physical location, to respect local regulations if you sell in a public place, and to obtain prior permission from the owner if you sell at a private property.

No claims are made

The affiliate program is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. We make no warranties, expressed or implied, including but not limited to, that it will meet your expectations, be reliable, accurate, complete, uninterrupted, error-free, and/or errors will be corrected.

Holiday-Secure makes no representations or warranties whatsoever, regarding potential income that may result from participation in the affiliate program and we specifically disclaim any and all warranties in regards to an affiliate's earning potential.

Pricing of products and services is totally within the discretion of Holiday-Secure and we reserve the right to change the pricing structure, terminate any and all offers, discontinue products or services, or change the terms under which products or services are offered at any time, without any advance notice to you.

Duration and termination

Any of the parties can terminate this Agreement instantly at any time, with or without reason, by noticing the other part. If terminated, outstanding commissions are paid, if we assume that the terms of this Agreement are not, and will not later be, violated by the affiliate.

If you are in breach, default or violation of this Agreement at termination, you are not entitled to receive any further commissions, whether or not the sales for such commissions have been completed.

Payment of the final commission payment to the Affiliate may be withheld for a reasonable time in order to ensure that the correct amount is paid.

We can stipulate a minimum of customers you must provide to keep your affiliate status.

We reserve the right to terminate your affiliate status for any reason in our sole and absolute discretion, including but not limited to solely assumption of violation of these terms.

In the event of termination, no matter the reason, your rights in this Agreement cease.

Other terms which applies to this Agreement

You agree that the sections "Copyright, trademarks and proprietary rights", "Disclaimers", "Limitation on liability", "Submissions", and "Governing law, venue and jurisdiction" in the "Terms of Service" found under "More info" on Holiday-Secure's website referring to the service also applies to the affiliate program and shall be regarded as agreed and included in this Agreement. You also agree that those sections may be amended by Holiday-Secure from time to time.

Protection of customer privacy

To protect customer privacy, Holiday-Secure reserves the right to withhold customers' contact information from you, if we find it necessary. Holiday-Secure has no obligation to provide you with any specific information for any customer, regardless of the fact that the customer may have arrived at our website through an affiliate link or number.

Other

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

The company location is on the website and as an affiliate you agree that this offering is made from Holiday-Secure's location and shall be governed solely by the laws of the State of Denmark, Europe, which is a member of the European Union (EU), without regard to conflicts of laws of the locations where a customer or an affiliate may reside.

This Agreement, in its current form and as amended by Holiday-Secure at its discretion, constitutes the entire contract between Holiday-Secure and you. Any promises, representations, offers, or other communications not expressly set forth in this Agreement are of no force or effect.

Holiday-Secure shall in no event be held liable for any indirect, incidental, special or consequential damages or any loss of revenue, use, or profits arising under or with respect to this Agreement or affiliate program, even if Holiday-Secure has been advised of the possibility of such damages. Holiday-Secure's total liability arising from this Agreement or program shall not exceed the total commissions paid or payable by Holiday-Secure.

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful, void or for any reason unenforceable, the parties agree that that provision only shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions which shall continue in full force and effect.

You may without warning or notice be subject to additional terms and conditions if we change these terms. Holiday-Secure reserves the right, at its sole discretion, to change, modify, add, or delete portions of these terms at any time without further notice.

You agree to review this Agreement frequently for amendments, including amendments to the "Terms of Service" under "More info", and you agree that any and all such amendments will apply to you from the date of change, even if that date is earlier than the time of reading. The date of the last change, diminution, or addition to this Agreement or to the "Terms of Service" is posted at the end of the documents.

This Agreement was last modified on October 28, 2008.