General Terms and Conditions of the Affiliate Partner Program
Itiner snc of Iervolino & Iacono, a company with tax domicile in Via Nuova Cartaromana 125, 80077, Ischia, Italy, and with VAT number IT05706061214 (hereinafter "ITINER"), owner of the website www.traghettiup.com ( hereinafter "Website"), is dedicated to the management of reservations and the sale of maritime ticketing and other related tourist and transport activities, in different parts of the world, for users who want to purchase these services.
The object of these General Conditions (hereinafter "General Conditions") is to define the conditions under which a natural or legal person (from now on "Affiliate") will promote with links, banners, widgets or any other resource provided by ITINER, such as feed or API (hereinafter “Resources”); through its Web Pages, the booking services of the activities promoted by ITINER on the Website, in exchange for a commission specified from time to time in relation to individual bookings, in accordance with what is stipulated in section 4 of these General Conditions.
Joining the ITINER affiliate program implies acceptance of these General Conditions, by sending the application for registration as an Affiliate, duly completed on the Website. Joining the affiliate program is totally free and has no costs. of permanence.
2.- ITINER rights and obligations
2.1 ITINER will have the following rights:
(i) ITINER may suspend or cancel the Affiliate's account and withhold the amount of any commissions accrued, in the event that the Affiliate's account shows manipulation of the commission system or any other indication that could lead to suspicion of malicious or negligent malicious conduct in the use and management of the account.
(ii) ITINER may carry out checks on the Affiliate Web Pages to ensure that the HTML links are correct. If they are not, ITINER will notify the Affiliate of the changes to be made in 7 calendar days, starting from the date of ITINER's notification. The lack of the corrections requested by the Affiliate will cause the suspension of his status as an Affiliate.
(iii) ITINER may suspend or delete the Affiliate's account, as well as the use of ITINER Resources, if the Affiliate does not comply with the specific indications regarding the use of the Resources or uses them to establish an independent relationship with ITINER users or suppliers for commercial purposes. Furthermore, ITINER may suspend or delete the Affiliate's account if the Affiliate does not respect the booking flow specified by ITINER.
(iv) Based on the aforementioned points, ITINER may cancel or suspend the Affiliate's Account without having to justify its decision.
2.2 ITINER will assume the following obligations:
(i) Provide the Affiliate with the access keys and find the HTML codes and URLs that will allow the user and his purchases to be identified on the ITINER Website. In addition, ITINER will provide the Affiliate with the Resources, so that he can make use of them.
(ii) Register the affiliated users, carry out the continuous monitoring of the transactions carried out, making the reports of the movements made available.
(iii) Pay the commission to the Affiliate, within the terms established in section 4 of these General Conditions.
3.- Rights and obligations of the Affiliate
3.1 The Affiliate will have the following rights:
(i) To use the ITINER brand, logo and other promotional products in its web page(s) within the terms and limits indicated in the these General Conditions.
(ii) Use the Resources indicated in section 1 of these General Conditions.
3.2 The Affiliate will assume the following obligations:
(i) The Affiliate declares that all information provided to ITINER is true and correct and that, in the event that these should change, the Affiliate will promptly update them.
(ii) The Affiliate must carefully keep the access keys of his Affiliate area and will be solely responsible for its use by third parties. The Affiliate must immediately request ITINER to change his login and password, if he suspects that they may have been stolen or used by third parties without his consent. In this regard, the Affiliate exonerates ITINER from any type of responsibility, for the damages that the improper use of the access data can cause him.
(iii) The Affiliate is responsible for his / her page (s) and its content and must comply with all applicable laws and regulations, including the rules on privacy and data protection. To this end, the Affiliate declares that his / her web page (s) have / have the legal texts required by current legislation and that the content of these texts complies with all applicable legal provisions on data protection, in compliance with what is indicated in section 10 of these General Conditions.
(iv) The Affiliate will use the promotional material solely and exclusively to direct its visitors and / or customers on the ITINER Website. To this end, the Affiliate will only use the materials found in the affiliate area, without modifying or altering their graphic appearance. Therefore, he must use the material available in the affiliate area.
(v) The Affiliate guarantees that the content of his / her web page (s) is his property or that his owner has given him permission to publish it on his / her web page (s). It also guarantees that the information and content of its web page (s) do not violate the rights of third parties, including intellectual property rights, and that, during the period in which these General Conditions remain in force, they are not and will not be offensive, prohibited or objectionable in any respect. Some examples of this type are, by way of enumeration but not limited to, pornographic and sexual, violent, racist, degrading, hate speech and that promote illegal activities (such as the use of drugs, the purchase of weapons , sexual violence, among others).
(vi) The Affiliate will not generate in any way, nor will it contribute to generate, Artificial Traffic to the ITINER Website.
(vii) If the Affiliate behaves in a way that can be considered fraudulent or illegal or if Artificial Traffic is generated or attempted to generate Artificial Traffic to the ITINER Website or does not comply with these General Conditions, ITINER may, in addition to revoke its condition of Affiliate, to demand compensation for any damage caused by the Affiliate to ITINER, as established by current legislation. Furthermore, in this case ITINER may cancel any payment of commissions due to the Affiliate, including commissions earned but still pending.
(viii) The Affiliate will be solely responsible for the development, operations and maintenance of his / her web page (s) and all materials visible here.
(ix) The Affiliate may only open accounts in his name and for his own interests. It is also forbidden to transfer existing accounts in favor of a third party, unless there is an express written authorization from ITINER.
(x) The Affiliate undertakes to maintain a constant promotional activity, in order to periodically send new customers to ITINER. In this sense, it is necessary to continuously and visibly publish the links provided by ITINER, on its web page (s).
(xi) The Affiliate will not be able to buy, bid or register keywords on any search engine or meta-engine such as: Google Ads, Bing Ads, Yandex, etc. that enter in direct competition with ITINER advertising campaigns. The affiliate may not use keywords, terms or other identifying elements of the ITINER Website to be used in any search engine, portal or other customer search or referral service, which are identical or similar to ITINER's trademarks.
(xii) The Affiliate may not use the trademark or any promotional material of ITINER's suppliers, without prior written authorization.
(xiii) The Affiliate will receive documentation relating to the protocol and procedure regarding the use of ITINER Resources. In this regard, the Affiliate undertakes to make use of the aforementioned Resources in compliance with the provisions of the aforementioned documentation.
(xiv) The obligations and responsibilities deriving from the use of the Resources indicated in the previous point are subject to the provisions of the protocols and procedures that ITINER will make available to the Affiliate.
(xv) The Affiliate is absolutely forbidden to use the Resources to establish any business relationship independent of ITINER with ITINER users and suppliers, as well as to violate the provisions of the corresponding protocols and procedures.
(xvi) The Affiliate undertakes to keep his / her web page (s) updated according to the information provided by ITINER both in the protocols and procedures relating to the Resources, as well as information relating to prices, offers and promotions published on the ITINER Website. The Affiliate exempts ITINER from any liability towards third parties, deriving from the non-fulfillment of the obligations contained in section 3.2 of the General Conditions.
(xvii) The Affiliate undertakes not to share access data to the Resources with third parties.
(xviii) The Affiliate undertakes to comply with the provisions of Regulation (EU) no. 2016/679 of the European Parliament and of the Council, of 27 April 2016, relating to the processing of personal data and the free circulation of this information and by virtue of which Directive 95/46 / EC (General Regulation on data protection) is derogated around the world, exonerating ITINER from any responsibility regarding the use of its personal databases. In this case, the Affiliate undertakes to comply with the criteria of the Italian Guarantor for the protection of personal data regarding Cookies.
4.1 Percentage and calculation
ITINER will pay the Affiliate a commission for each sale generated with a customer redirected from the Affiliate's web page to ITINER. Any user who visits the Affiliate's web page (s), clicks on the ITINER Website link or makes a reservation through the API provided by ITINER and purchases one or more products offered directly by ITINER.
For each booking, the Affiliate will accrue a sales commission on each confirmed route. This commission will generally be equal to € 2.5 plus VAT if due unless otherwise specified in the booking summary.
Sales made by a redirected customer will be recognized in favor of the Affiliate during seven (7) calendar days, following the customer's access to the ITINER Website (via a 7-day cookie.
ITINER will place a cookie on the redirected client when it accesses the Website for the first time; if the customer returns to the Website within 7 calendar days to book ITINER's services, the affiliate's commission will apply.
4.2 Method of payment and billing
Payment and billing are subject to the following conditions:
(i) Commissions will be paid the month following the provision of the service to the redirected customer.
(ii) The Affiliate binds the possibility of receiving payments upon the issue of an invoice headed to ITINER in accordance with the accrued commissions. The applicable VAT or taxes will be added (if applicable) to the remuneration indicated in the Affiliate's control panel.
(iii) Any amount of less than fifty euros (50 €) that has to be paid to the Affiliate will be paid only when the total accumulated amount equals or exceeds the sum of fifty euros (50 €). All other amounts of less than fifty euros (50 €) will be transferred to the following month and paid only when the accumulated amount exceeds fifty euros (50 €).
(iv) The Affiliate assumes the costs of the bank transfer, for a minimum of two euros (€ 2) as well as the responsibility for damages and prejudices caused to ITINER, as a consequence of having provided incorrect or insufficient bank details.
(v) If a customer cancels a booking, requests a refund or a case of fraud occurs, the commission will be deducted from the next payment.
(vi) Payments will be made in Euros.
(vii) The Affiliate assumes the payment of all taxes, expenses, insurance and similar costs arising from the payments made to him by ITINER.
(viii) The Affiliate will be able to consult, in the Affiliate control panel, all the information on the sales made by the redirected customers, on the products sold and on the dates of payment of the commissions.
5.- Duration of the contractual relationship
These General Conditions will come into force when the Affiliate receives the notification of the approval of his affiliation request and will have a duration of one (1) year, tacitly renewable for the same period of time, provided that neither of the parties notifies in writing its intention to terminate the contractual relationship with thirty (30) calendar days in advance of the date of termination of the contractual relationship.
Notwithstanding the foregoing, ITINER will have the right to terminate the contractual relationship with the Affiliate at any time and without prior notice to the Affiliate, in the event that the latter fails to comply with any of the obligations set out in this document.
Upon termination of the relationship by either party, the Affiliate will lose the right to commission for referred clients and will be responsible for the transactions performed up to the termination date. Likewise, he will be obliged to return all promotional material, refraining, from that moment on, from the use of trademarks or any other intellectual property right which he has used up to then under these General Conditions.
Likewise, it will immediately return any relevant information provided for this Agreement and will indefinitely refrain from publishing or disclosing it. Furthermore, the Affiliate may not make use of the Resources or use in any way the information provided by ITINER, such as, for information purposes and without limitation, contents, indications, user opinions, number of opinions, activity titles, descriptions of activities, images, indicative texts on the services included or not included, voucher contents, popularity, prices, commissions or discounts available on the Website.
6.- Termination of the General Conditions
These General Conditions may be terminated at any time in the following cases: (i) by mutual agreement of the parties; (ii) at the request of ITINER if in six (6) months the Affiliate has not referred a new client; (iii) if ITINER has found that the Affiliate's web page (s) includes / includes, in its opinion, content that is inappropriate, inappropriate and that may violate or violate any type of personal right or material recognized by the Italian legislation in force . Inappropriate contents are those intended for children and / or minors, those that incorporate pornography or other sexual acts of an illegal nature, those that promote violence, racial, sexual or religious discrimination, xenophobia, discriminate or ridicule physical disability , sexual orientation or age and those who, in general, promote illegal activities or that violate the rights of third parties, individually or collectively; as well as (iv) for the improper use of the Resources or for the violation, by the Affiliate, of any obligation indicated in these General Conditions.
The termination of these General Conditions will inevitably and in any case have the following effects: (i) automatic and definitive cancellation of the Affiliate's account; (ii) payment, if due, of commissions awaiting collection, regardless of their amount; (iii) loss of the right to receive commissions from clients sent in the future; (iv) obligation to remove from its web page (s) any type of ITINER promotional material, refraining, from that moment on, the Affiliate to use the trademarks or any intellectual property rights he has enjoyed in by virtue of these General Conditions and (v) the termination of the use of the Resources and information provided by ITINER that it is using at that time (content, images, opinions, etc.). Likewise,
7.- Responsibility and exclusion of guarantees
The Affiliate will have the following duties:
(i) The Affiliate will be responsible for the compliance of his / her page (s) with the legislation and regulations in force and, in particular, with those that protect consumer rights, privacy and the processing of personal data.
(ii) The Affiliate will be solely responsible for the development and maintenance of his / her page (s) and all of its contents.
(iii) The Affiliate will be responsible for showing the updated information exactly as it was sent to him through the Resources. In the event that reservations are made using incorrect information, as a result of which the user claims the refund of the amount of the reservation, ITINER may request the Affiliate to pay the economic consideration given to the user.
(iv) Except in the case of malicious or negligent conduct, ITINER's total economic liability, whether contractual, extra-contractual or of any other type, will be limited to the total amount paid for the commissions obtained thanks to the redirected customers, as expressed in these General Conditions. The Affiliate undertakes to keep ITINER harmless from any claim, penalty, damage, liability and / or expense, in relation to any violation of these General Conditions and, in general, of the legislation applicable to this agreement.
8.- Constraints of the parties
No provision of these General Conditions will give rise to or be interpreted as an employment relationship, as an employer and employee, between ITINER and the Affiliate.
9.- Safeguarding and modification of the General Conditions
If any section of these General Conditions is declared null or ineffective, the rest of the contents herein will remain unchanged within the agreed terms. As regards the condition implied, this will be considered as non-existent and will be rewritten, with the terms that are closest to the intention initially pursued.
ITINER reserves the right to partially or completely modify the content of these General Conditions. Such changes must be published on the Website and notified personally to the Affiliate, by sending appropriate communication to the email address provided in the registration form, including changes in the method of calculating commissions and the rules of the affiliate program. Upon notification of the changes, the Affiliate may decide whether to unilaterally terminate the General Conditions, it being understood that, if he does not, he tacitly accepts the content and scope of the changes. Once the contractual relationship has been terminated, ITINER will pay the Affiliate any outstanding sum, in accordance with the terms of these General Conditions.
10.- Protection of personal data and cookies
10.1 Data protection.
Both parties guarantee compliance with the legislative terms of Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, relating to the protection of individuals, as regards the processing of personal data and the free circulation of these. information and for which Directive 95/46 / EC (General Data Protection Regulation) and the Italian laws on the Protection of Personal Data and the guarantee of digital rights are waived. In particular, the Affiliate guarantees that his / her web page (s) have been / have been correctly adapted to these regulations.
11.- Intellectual Property Rights
ITINER owns or is authorized to assert the Intellectual Property Rights and other rights relating to ITINER services. By virtue of what is stipulated in the General Conditions, the Affiliate does not acquire any right or license, except the right to install and / or integrate the Resources, links, banners, widgets or any other resource provided by ITINER on the page (s) Affiliate's website.
All information exchanged by the Parties in any format or medium will be treated by the receiving Party with absolute confidentiality, following the obligation not to disseminate, deliver or transfer them under any title or use them for purposes other than those stipulated in these General Conditions, with the exception of requests that are issued by a judicial or administrative authority with the corresponding legal coverage. This obligation will remain unchanged even following the finalization of the contractual relationship.
13.- Transfer of rights and obligations
The Affiliate cannot transfer its position in the contractual relationship without prior written approval from ITINER. ITINER may instead transfer all or part of the rights and obligations of these General Conditions by communicating it in writing to the Affiliate.
Communications between the parties will be sent in writing, by email or by any other means that certifies receipt and allows the information communicated to be saved.
15.- Applicable law and competent jurisdiction
These General Conditions are governed by the Italian legislation in force. In the event of disputes relating to the content, execution, interpretation and / or non-fulfillment of this contract, the Parties elect the Court of Naples as the exclusive competent court.