Operating Agreement

I accept these terms and wish to register.

1) Term of the Agreements: The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term. myguideIreland reserves the right not to accept an affiliate at our discretion.

2) Modification: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

3) Fees: You are eligible to earn Transaction Fees on all sales during the term of this Agreement, where the User follows a Link from your Associate Site directly to myguideIreland and that User successfully makes a purchase. The Commission Fee will not be awarded in the event of cancellations or returns. We will pay you a Commission Fee only if the User is tracked on our internal ordering system from the time the Link is initiated on your Associate Site to the time of the sale. You agree that no Transaction Fees will be paid if the User cannot be tracked by our internal ordering system. Transaction Fees shall be paid as follows: 4% on all myguideIreland Products, including Accommodation, Car Rental, Coach Tours, Activities, Phone Rental and all other miscellaneous myguideIreland products. Commission Fee's will not be paid on flights. In the event of you referring a new associate, you will be eligible to a commission fee of 1% on all of their sales of myguideIreland products, excluding flights.

4) Payment: We will pay you referral fees on a quarterly basis. On the first Friday following the end of each calendar quarter, we will send you either (a) a check for the fees earned, or (b) a gift certificate good for purchases of Products through the myguideIreland site, subject to our standard terms and conditions. You will be sent a check unless you inform us you wish to receive a gift certificate. However, if the referral fees payable to you for any calendar quarter are less than Euro 50, we will hold payment until the total amount due is at least Euro 50 or (if earlier) until this Agreement is terminated. In calculating referral fees, we will deduct the corresponding referral fee from your next quarterly payment if a Product that generated a referral fee is returned by the customer. If there is no subsequent payment, we will send you a bill for the referral fee.

5) Limitation of Liability: We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement.

6) Independent Investigation: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

7) Spam
myguideIreland operate a strict no spamming program. If an associate sends unsolicited emails in an attempt to generate affiliate traffic their account will be shut down, they won't receive any commissions for their actions and myguideIreland will cooperate with any of the recipients of the unsolicited mail by supplying all of the information we have on that associate.

8) Miscellaneous: This Agreement will be governed by the laws of Ireland. Any action relating to this Agreement must be brought in courts located in Ireland and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

I accept these terms and wish to register.