AGREEMENT  FOR PARTICIPATION IN THE ASSOCIATES' PROGRAM

``Atlantic ltd" is operating the ``XenisRes" system for lodgings reservations. This agreement contains along with other terms and conditions that appear in particular sections of the ``XenisRes" website the complete terms and conditions for the associate to participate in the associates' program of ``XenisRes" system.

    1. The associate will market the products of ``XenisRes" through links of his website to XenisRes website. ``XenisRes" will offer its products to the associate at the same prices it offers these products to the public. And the associate will sell these products at the same prices.

    2. ``XenisRes" shall pay the associate a referral fee for each reservation made by a client that enters ``XenisRes" website through a link from the associate's website on a quarterly basis according to the schedule below. For 1 to 150 reservations in a quarter 2 EUR per reservation. For 151 or more reservations in a quarter 2,5 EUR per reservation. If the amount payable within a quarter is less than 30 EUR the referral fee will be paid on the first quarter that the total amount due exceeds 30 EUR.

    3. ¥ reservation is counted towards the referral fee as described in article 2 with the following conditions. a) the reservation has not been cancelled. b) the reservation has been fully paid by the client. Further, if a client enters ``XenisRes" through a link from the associates' site but exits without making a reservation no fee will be paid. If later that client enters `` XenisRes" through anyway other than the associates' link no fee will be paid.

    4. The associate may transfer clients to ``XenisRes" through a text link that will lead to the given URL (address in Internet) which will be provided by the ``XenisRes" system. The associate may also use one or more icons that will lead at the same URL, which icons can be copied from the ``XenisRes" website and which are provided by ``XenisRes " for this purpose. These icons contain the ``XenisRes" logo and trademarks and must be used as they are without alterations.

    5. The associate will provide prominent display of the links with `` XenisRes" system  on any travel related section of  his site and if possible on his home page. The associate also agreew that ``XenisRes" will be the only hotel and lodging booking site which his site is linked to  for the countries covered by the ``XenisRes" system.

    6. This agreement may be terminated by either party after notification by e-mail. Once this agreement is terminated the associate must remove all links to ``XenisRes", and remove copyrighted material, icons, signs, trademarks, logos or other that refer to ``XenisRes". ``XenisRes" will pay the associate any unpaid fees after the deduction of any fees that might have been paid for reservations that have been later cancelled.

    7.  The associate is granted a non exclusive, revocable license to use the icons, logos, and trademarks described above solely for the purpose of identifying the associate as a participant in the associates' program of ``XenisRes".   ``Atlantic ltd." reserves all its rights on the icons, messages, trade names, trademarks, logos or other intellectual or copyrighted property. ``Atlantic ltd" may revoke the associate's license at any time after notification (e-mail or fax or telegram or registered letter).

    8. The associate will be solely responsible for the development, operation and maintenance of the associate's site and for all materials that appear on the associate's site. For example the associate will be solely responsible for: a) the technical operation for the associate's site and all related equipment. b) the accuracy and appropriateness of materials posted on the associate's site. c) ensuring that materials posted on the associates site do not violate or infringe upon the rights of any third party (including for example, copyrights, trademarks, privacy, or other personal or proprietary rights), d) ensuring that materials posted on the associate site are not libellus or otherwise illegal. ``XenisRes" disclaims all liability for these matters. Further, the associate will indemnify and hold ``XenisRes" harmless from all claims, damages and expenses (including, without limitation attorneys fees) relating to the development, operation, maintenance, and contents of the associate's site.

    9. ``Atlantic ltd." may modify any of the terms and conditions in this agreement at its sole discretion any time. This change or a new agreement will be posted on ``XenisRes" site. If any modification is unacceptable to the associate, the associate's only recourse is to terminate this agreement. The associate's continued participation in the program following ``XenisRes" announcement of a change notice or a new agreement on the ``XenisRes"  site will constitute binding acceptance of the change.

    10. X.R.com will not be liable for indirect, special or consequential damages, for any loss of revenue, profits, data, or damage to equipment arising in connection   with this agreement even if ``XenisRes" has been advised of the possibility of such damages. Further, even if ``XenisRes" was found liable for some of the above its liability (including, without limitation, attorneys fees if any) shall not exceed the total fees paid or payable for the reservation in question to the associate under this agreement.

    11. ``Atlantic ltd." makes no express or implied guarantees or representations with respect to the associate's programs or any products or services sold through the associates program  (including, without limitation, guarantees or fitness, merchantability, non infringement, or any implied guarantees arising out of a course of performance, dealing, or trade usage).  In addition, ``Atlantic ltd"  makes no representation that the operation or its site will be uninterrupted or error free and it will not be liable for any consequences for any interruptions or errors.

    12. THE ASSOCIATE ACKNOWLEDGE THAT HE HAS READ THIS AGREEMENT AND AGREES TO ALL ITS TERMS AND CONDITIONS. THE ASSOCIATE UNDERSTANDS THAT ``XenisRes"  MAY AT ANY TIME (DIRECTLY OR INDIRECTLY SOLLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITE THAT ARE SIMILAR TO OR COMPETE WITH THE ASSOCIATE'S WEBSITE. THE ASSOCIATES HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND IS NOT RELYING ON ANY REPRESENTATION GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

    13. The associate may not assign this agreement, by operation of law or otherwise, without ``XenisRes" 's prior written consent.

    14. ``Atlantic ltd" has the right any time and without notification to transfer, assign, convey, delegate its rights and this contract to any other physical or legal entity.

    15. All information provided to the associate regarding his account or other information regarding his link activity is strictly confidential and shall not be disclosed to any third party.

    16. The associate may not publicize by paper, electronically or by any other means any material that refers to ``XenisRes" without our prior written consent of ``Atlantic ltd".

    17 The associate grants ``Atlantic ltd." an non exclusive royalty free, non transferable, worldwide revocable right to use if ``Atlantic ltd." so wishes the associate's logos, trademarks, in its promotional material.

    18. ``XenisRes" and the associate are independent contractors and nothing in this agreement will create partnership, joint venture, franchise, sales representative or employment relationship between the partners. The associate has no authority to make or accept any offers or representations on behalf of ``Atlantic ltd.".

    19. ``Atlantic's ltd" failure to enforce associate's strict performance of any provision of this agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this agreement.

    20. This agreement is governed by Greek law, without reference to rules governing choice of law.  For any dispute that may arise it is agreed that it falls under the jurisdictions of the courts of Athens, Greece

 

 

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