Terms and Conditions

This agreement sets out the terms and conditions that apply to an individual or an entity's participation in the Globelink's affiliate programme (the "Affiliate Programme"). References to "You" mean you, the individual or entity applying to be part of the affiliate programme. This is a legal agreement between You and Globelink. By becoming an Affiliate You have accepted and agreed that You will comply with these terms and conditions.

1. Joining the Affiliate Programme
To begin the application process you will submit the application form displayed at our website. We will evaluate your application and then notify you of our decision whether we accept or reject your application. If your application has been approved, you will receive from us an email containing your username and password. This will enable you to access your "Agent Account" which contains all the information you may require to activate our affiliate programme. We reserve the right to terminate this Agreement if having accepted your application your referring website is subsequently deemed by us to be unsuitable for the Programme.

2. Links to Globelink's Website
"Links" are hypertext links from the web site that You designate on your completed Application ("Your Website") to Globelink web site located at www.globelink.co.uk (the "Globelink Website") provided by Globelink to You. Links include, but are not limited to, banner advertisements and text links. These links are collectively referred to in this Agreement as "Links," or individually as a "Link." Subject to the terms and conditions of this Agreement, You may display these Links on your site but You may not modify or change them without Globelink's written approval, which may be withheld at its sole discretion. Links shall not be placed in newsgroups or unsolicited e-mail. In using the Links, You agree that You will cooperate fully with Globelink in order to establish and maintain such Links or Link. Globelink has the right in its sole discretion to monitor your site at any time, and from time to time, to determine if You are in compliance with the terms of this Agreement. Globelink will provide with each Link a specially formatted tracking code unique to You with instructions on how to place the link onto your website. It is up to You to follow the instructions provided with each Link. To ensure proper tracking of your Link, the tracking code cannot be modified or changed. Each Link provided by Globelink to You has been formatted so that Globelink may track referrals from Your Website. Any modification to the tracking code will result in lost Referral Fees.

3. Affiliate Referral Fees

1. Amount of Referral Fees: Globelink will pay You a Referral Fee for each applicant (other than You, your employees, officers, directors, agents and affiliates and immediate family members of any of the above) who: (i) follows a Link from Your Website to the Globelink Website and (ii) prior to leaving the Globelink Website places an order for travel insurance. The amount of the Referral Fee paid by Globelink to You will be determined in accordance with the Affiliate Payout Schedule, as detailed in your personal on-line account, and defined below. Referral Fees will not be paid for incomplete Customer Orders completed by any applicant who arrived at the Globelink Website other than through a Link, even if that applicant previously had used a Link to arrive at the Globelink Website. Notwithstanding the foregoing, no Referral Fees shall be earned if You are in breach of this Agreement.
An order received does not become liable for payment of commission to you until the customer's payment has been cleared. Commissions on any refunds to or cancellations by customers will be deducted from your affiliate commission payment. We are solely responsible for the tracking of customers from the referring website and will use our best endeavours to ensure this is done on a timely basis and in an accurate manner. We will be responsible for all aspects of order processing and fulfilment and further we reserve the right to reject orders that do not comply with any requirements that we periodically establish. We will also be responsible for customer service, cancellations, processing payments and reporting sales activity to you as we see fit.

2. Affiliate Payout Schedule: "Affiliate Payout Schedule" means the schedule identifying the payment that will be made to You (and other participants in the Affiliate Programme) in exchange for referrals, as set forth on the Globelink Website. The Affiliate Payout Schedule may be changed by Globelink from time to time. Although Globelink may notify You when it revises the Affiliate Payout Schedule, it is not required to do so. Changes to the Affiliate Payout Schedule are effective once posted. You are advised to review your personal Affiliate Payout Schedule periodically, accessible from your on-line account.

3. Payment of Referral Fees: Globelink will pay to You all accrued Referral Fees within thirty (30) days following the end of each calendar month as long as Referral Fees exceed £50.00. If the amount of commission payable to you in respect of any month is less than £50.00 the amount payable to you will be carried forward and added to the amount payable to you in respect of the following month(s) until the total amount payable is at least £50.00. Where we are unable to make a payment to you for any reason, including: incorrect payment details; a change in your payment details; inability to communicate with you via the contact details you supplied; you will lose any accrued payments on your Affiliate Account if we cannot successfully make a payment to you within 2 calendar months of the payment being due to you.

4.
Any breach of this Agreement shall mean that any Referral Fees earned by You for any period in which You are in breach of this Agreement shall be suspended and not paid to You. In the event that you are in breach of this Agreement, Globelink shall have the right to withhold all unpaid Referral Fees earned prior to such breach and to Terminate this Agreement with immediate effect. Termination or waiver thereof shall in no way constitute a waiver of any other Section of this Agreement.

5.
In all instances where you utilise online advertising platforms, for example Google Ads, you are NOT permitted to use Globelink brand keywords. Globelink have the right to receive confirmation of the keywords You have used for Your online advertising promotion. Affiliate commissions due will not be paid where such key words have been utilised.

6. Reporting
1. Monthly Reporting: You will have access to real-time reports, traffic volumes, and revenue by accessing your on-line account at https://affiliate.globelink.co.uk

7. Your Responsibilities

1. Technical Operations: Except as set forth herein, as between Globelink and You, You are solely responsible for the development, operation, and maintenance of Your Website. Globelink shall have no responsibility for the development, operation, and maintenance of Your Website or for materials that appear on Your Website.

2. Your Website and Content: You are responsible for ensuring that: (i) materials posted on your website do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights); and (ii) materials posted on your website are not libelous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. Globelink will not be responsible if You use another party's copyrighted or other proprietary material in violation of the law. If Globelink suffers losses as a result of Your wrongful use of another party's proprietary material or intellectual property, You will indemnify and hold Globelink harmless from all such losses (including, without limitation, attorneys' fees and expert witness fees).
You must comply with, and Your Website must not violate, any and all local, state, national or international law, regulation or treaty as well as any privacy policy that you post on Your Website. You are solely responsible for the content and materials that you post on Your Website including, but not limited to, ensuring that they:
- do not violate any local, state, national or international law, statute, regulation, rule or treaty;
- are not inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful;
- do not contain viruses, Trojan horses, worms, time bombs or any other harmful code;
- do not violate or infringe upon the intellectual property, industrial and other proprietary rights of any third party; and
- do not include any content that may damage Globelink's reputation or goodwill.

3. Conduct: You agree not to:
- breach or attempt to breach the security or authentication measures employed by Globelink or its suppliers in respect of the Globelink Web;
- provide false information to Globelink and/or act or attempt to act in any false, misleading or illegal manner;
- use Globelink contact information within the email of any email marketing or advertising campaign;
- disrupt or interfere with another individual's or entity's participation in the Affiliate Programme;
- offer any individual or entity any incentive (including without limitation, any payment, rebate, discount or other benefit) to use any Link and complete a Customer Form;
- attempt to artificially increase the Referral Fees earned by, or payable to, You;
- use any Globelink Content, Affiliate Links or other intellectual property in a domain or website name, in any bids for keywords or Google Ads (or similar programs at other search engines), in any search engine advertising (paid or otherwise), in any metatags, Google Ads (or similar programs at other search engines), key words, search terms, ad copies, code, or otherwise;
- use controversial marketing techniques including, but not limited to, sending commercial e-mail, bulk e-mailing, newsgroup postings or chat room discussions; or
- commit any act that may damage Globelink's reputation or goodwill.
Any violation of this Section or of the accepted norms of the Internet community shall constitute a material breach of this Agreement. In the event of a material breach of this Agreement, Globelink shall have the right to immediately terminate this Agreement. No Referral Fees shall be earned by You for any period in which You are in breach of this Agreement. Further, in the event that you are in breach of this Agreement, Globelink shall have the right to withhold all unpaid Referral Fees earned prior to such breach. Termination or waiver thereof shall in no way constitute a waiver of any other Section of this Agreement.

8. Intellectual Property Rights

1. Ownership of Content: As between Globelink and You, Globelink shall retain complete ownership and control of the Globelink Website, including without limitation, any content contained thereon.

2. Ownership of User Data: Globelink shall retain complete ownership and control of all information that Globelink collects through the Globelink Website.

3. Globelink Licence: Globelink grants You a non-exclusive, non-transferable, revocable right to use the Links and other materials made available to You by Globelink ("Licenced Materials") during the term of this Agreement, in conjunction with Your Website, in accordance with the terms and conditions of this Agreement and any guidelines for Your use of the Licenced Materials that may be provided by Globelink from time to time. You may use the Licenced Materials solely for the following purposes: (1) identifying Your Website as a participant in the Affiliate Programme; and (2) providing Links to the Globelink Website from Your Website.

4. Acknowledgement; Restrictions: You acknowledge that the Licensed Materials may contain trademarks, trade names, service marks, characters or logos owned, controlled, or licenced by Globelink or by any affiliate of Globelink (collectively, the "Globelink Marks") and agree that: (i) You shall not use the Globelink Marks in a manner likely to diminish their commercial value; (ii) You shall not permit any third party to use the Globelink Marks; (iii) You shall not use or permit the use of any mark, name, or image likely to cause confusion with the Globelink Marks; (iv) all goodwill associated with any use of the Globelink Marks shall inure to Globelink; (v) the Globelink Marks are and shall remain the sole and exclusive property of Globelink; and (vi) nothing in this Agreement shall confer in You any right of ownership in the Globelink Marks, and You shall not make any representation to that effect, or use the Globelink Marks in a manner that suggests that such rights are conferred. You agree not to register or attempt to register any brand, names, marks, or other elements of the Links, the Licenced Materials or the Globelink Marks as a trademark, service mark, Internet domain name, trade name, or any similar trademarks or name, with any domestic or foreign governmental or quasi-governmental authority.

5. Third Party Property: All images, trademarks, service marks, product names, company names or logos appearing on the Globelink website are the property of their respective owners. Any use of such materials, other than the Licenced Materials, including the reproduction, modification, distribution or republication of same, without the prior written permission of the applicable owner, is strictly prohibited.

6. Reservation of Rights: All other rights in Licenced Materials are reserved by Globelink. Globelink reserves the right to review any approved use of the Licenced Materials and to require changes in such further use, and You agree to immediately comply with any such requirements. In the event that Globelink, at any time and for any reason or no reason, requests in writing that You stop using any Licenced Material, You shall promptly comply with such request.

7. Affiliate Licence: You agree that Globelink may list You as a participant in the Affiliate Programme. You must provide Globelink with a logo or other trademark (an "Affiliate Mark") to be used in conjunction with any such listing. By doing so, you grant Globelink a non-exclusive, non-transferable, revocable right to use that Affiliate Mark when listing participants in its Affiliate Programme and for no other purpose. You hereby grant to Globelink a non-exclusive, non-transferable, worldwide, royalty-free licence to use Your trade names, logos, trademarks and service marks listed on Your Enrollment Form on the Globelink website.

9. Confidentiality
"Confidential Information" means all information and materials provided by Globelink to You, which: (i) are designated in writing, as confidential at the time of disclosure, or (ii) if disclosed orally or visually, are designated in writing, as confidential, within thirty days of disclosure, or (iii) if a reasonable person, having regard to the circumstances, would regard such as confidential. All Confidential Information provided is provided on an "AS IS" basis, and Globelink makes no representation or warranty with respect to it. Without limiting the foregoing, representations and warranties with respect to its accuracy, completeness or non-infringement of trade-marks, patents, copyrights or any intellectual property rights or other rights of third persons are specifically excluded. You will use the Confidential Information only for the purpose of fulfilling your obligations under this Agreement and only in accordance with this Agreement and will not use, manipulate or exploit the Confidential Information in any other manner or disclose it to any third party.

10. Non-Exclusivity

1. By accepting this agreement, You acknowledge and agree that Globelink may operate one or more websites that are competitive with Your Website. The parties hereby acknowledge and agree that the rights granted hereunder are not exclusive and Globelink shall have the right at all time to grant the same or similar rights to other parties.

11. Term and Termination

1. Term: The term of this Agreement (the "Term") will begin once Globelink has sent to You notice that You have been accepted in the Affiliate Programme and will continue for a period of twelve (12) months thereafter unless earlier terminated, renewed or extended in accordance with the terms of this Agreement.

2. Automatic Renewal: This Agreement will renew automatically for successive six-month periods unless either party gives written notice to the other party of its intent not to renew no less than thirty (30) days prior to the end of the previous term.

3. Termination. Globelink or You may terminate this Agreement at any time, with or without cause upon notice. Either party may terminate this Agreement if the other party makes an assignment of assets for the benefit of creditors, or commences or has commenced against it any proceeding in bankruptcy, insolvency or reorganization pursuant to applicable bankruptcy laws or debtor's moratorium. While you are in breach of this agreement you are not entitled to earn or accrue referral fees.

12. Warranties and Limitation of Liability

1. Affiliate Warranties: You hereby represent and warrant that: (i) You have full power, legal right and authority to enter into this Agreement, and to do all acts and things and execute and deliver all other documents as are required hereunder to be done, observed or performed by it in accordance with its terms; (ii) You have taken all necessary corporate action to authorize the creation, execution, delivery and performance of this Agreement; (iii) this Agreement including your completed Enrollment Form, if accepted by Globelink, constitutes a valid and legally binding obligation of You enforceable against You in accordance with its terms, subject only to applicable bankruptcy, insolvency and other similar laws affecting the enforceability of the rights of creditors generally; (iv) Your Enrolment Form was, when submitted to Globelink, and continually since then, true and accurate; and (v) You and Your Website are in compliance with all applicable laws, statutes, rules or regulations (local, state, national or international).

2. Limitation of Liability and Damages. We shall not be liable for indirect, special, or consequential damages, loss of revenue, profits or data arising in connection with this Agreement or the Programme, even if we have been advised of the possibility of such damages. We make no representation, warranty or guarantee, express or implied as to the effectiveness or profitability of this Programme. We make no guarantee or representation that the operation of our site will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or error.

13. Indemnification

1. You agree to indemnify and hold Globelink and its employees, directors, agents, suppliers or subcontractors harmless from any and all claims, suits, losses, damages and expenses (including legal fees and expenses) incurred in connection with any claims, demands and other liabilities asserted against any of them as a result of You using the Licensed Materials or any breach by You of any provision of this Agreement.

14. Modifications to this Agreement
From time to time, Globelink may, in its sole discretion, modify any of the terms and conditions contained in this Agreement by posting the revised version to the Globelink website. You are advised to check the Globelink website periodically. If the revised version of this agreement is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the Programme following our posting of a revised agreement on the Globelink website will constitute acceptance of the change.

16. General Provisions

1. Independent Contractors: The parties are entering this Agreement as independent contractors, and this Agreement will not be construed to create a partnership, joint venture or employment relationship between them. Neither party will represent itself to be an employee or agent of the other or enter into any agreement on the other's behalf of or in the other's name.

2. Compliance; Taxes; Expenses: In its performance of this Agreement, each party will comply with all applicable laws, regulations, orders and other requirements, now or hereafter in effect, of governmental authorities having jurisdiction. Without limiting the generality of the foregoing, each party will pay, collect and remit such taxes as may be imposed with respect to any compensation, royalties or transactions under this Agreement. Except as expressly provided herein, each party will be responsible for all costs and expenses incurred by it in connection with the negotiation, execution and performance of this Agreement.

3. Force Majeure: Neither Globelink or You will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such party's reasonable control and that such party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected party will give prompt written notice to the other party and will use commercially reasonable efforts to minimize the impact of the event.

4. Notices: Any notice given pursuant to this Agreement shall be in writing. Notices sent to You will be sent by e-mail to the contact listed on Your Application. Notices sent to Globelink will be sent to: affiliates@globelink.co.uk. Once sent by e-mail, notices are deemed to be received on the following business day. Either party may designate a different e-mail address by notice to the other given in accordance herewith.

5. Assignment: You may not assign this Agreement, by operation of law or otherwise, without Globelink's prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Globelink's failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of Globelink's right to subsequently enforce such provision or any other provision of this Agreement.

6. Waiver: The failure of either party to enforce any provision of this Agreement will not constitute a waiver of the party's rights to subsequently enforce the provision.

7. Entire Agreement; Severability: If accepted by Globelink, this Agreement including your completed Application represents the entire Agreement between the parties with respect to the subject matter hereof and supersedes any previous or contemporaneous oral or written agreements regarding such subject matter. Each provision of this Agreement is independent of and severable from each other provision. If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions of this Agreement shall remain valid and enforceable.

8. Law applicable to this contract. This Agreement will be governed by the laws of England.

9. Headings: The headings and subheadings in this Agreement are for reference only, and shall not affect the interpretation of this Agreement.
The Selling and Administration of general insurance is a regulated activity under the Financial Services Act and it is therefore very important that you do not become directly involved in providing advice to any potential client. This agreement entitles you to act as a marketing company for the website of Globelink International Travel Insurance Consultants Ltd. Who are Authorised and Regulated.

Last amended 12th June 2020