Affiliate Terms and Conditions - See and Do New Zealand Ltd

Last Updated: 4th January, 2021

OVERVIEW

SEE AND DO NEW ZEALAND LIMITED a duly incorporated company having its registered office at Kerikeri, New Zealand ("See and Do NZ" or "us") is a multi-media tourism company promoting New Zealand tourism products and operates an Internet booking platform via the www.seeanddo.co.nz website, also accessible via related websites, affiliate and partner websites, apps, tools, social media, links, platforms, or other facilities collectively known as The Platform ("Platform"). The Platform allows tour operators, activity providers and organisers, and ticket suppliers ("Supplier(s)") to offer sightseeing tours, leisure activities, and other tourism services ("Service(s)") to end customers ("Customer(s)"), and to conclude contracts directly with Customers for such Services. In addition to Customers, our commercial sub-agents or affiliates ("Affiliate(s)") may also access the Platform to book Services from Suppliers for their Customers.

See and Do NZ only provides the Platform to allow Suppliers to promote their business and to offer and to directly sell and promote their Services to Customers. See and Do NZ acts as a commercial agent authorised and appointed by the Supplier. See and Do NZ, through an intermediary agreement with a Customer, will facilitate the purchase of Services from Supplier by that Customer; however, in no event shall See and Do NZ be deemed a party to any agreement whereby a Customer purchases Services from Supplier.

Affiliates are using the See and Do NZ platform to book these Services for their Customers through the See and Do NZ Platform and are earning commission from See and Do NZ. Each affiliate's relationship is with See and Do NZ only and there is no direct contractual relationship with See and Do NZ's Suppliers.

Scope of Application of these Terms and Conditions

This Affiliate Service Agreement (the "Agreement") is made by and between See and Do NZ and you, as an Affiliate ("You", "Your", "Affiliate") utilising the See and Do NZ Platform. These terms and conditions ("Conditions" or "Contract") govern the relationship between the Affiliate and See and Do NZ only. The relationship between Customers and the Supplier is not governed by this Contract, but by the individual agreement entered between Customer and Supplier. The default agreement between Customers and Suppliers is in the General Terms and Conditions on the See and Do NZ website. If Supplier wishes to provide Services to Customers pursuant to terms other than the Default Supplier Terms, Supplier must directly provide those terms to the Customer. The relationship between See and Do NZ and Customers is governed by See and Do NZ's Terms of Business in the general terms and conditions.

Registration

You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up and registering as an Affiliate, you indicate your acceptance of this Agreement and its terms and conditions. If you do not accept this Agreement, do not use the Platform as an Affiliate.

By registering You agree that You have read, understood, and agree to be bound by the Conditions and that You represent and warrant that the individual entering into this Contract on the Affiliate's behalf is duly authorised and empowered to do so.

See and Do NZ is not responsible for verifying the identity, authenticity, or credentials of the individual entering into this Contract.

The Affiliate shall conduct business according to the practices and requests of the NZ Inland Revenue and relevant tax regulations with NZ Goods and Services Tax (GST) for all commissions earned.

Commission

Commission is generally 10% unless otherwise separately agreed between specific parties.

The commission is paid on successfully completed bookings on the month after the completed booking.

The commission is including GST.

Services supplied by See and Do NZ

See and Do NZ supply Affiliates with several products within their "Affiliate Package." These products are designed to assist with bookings and sales. They do not guarantee sales.

All bookings made directly through the See and Do NZ Platform within the Affiliates Package will generate the standard commission.

Direct Bookings using the See and Do NZ website

See and Do NZ provides Affiliates an Affiliate section on the See and Do NZ website that can be logged into to make bookings on behalf of their customers from computers and devices.

When logged in to your account within the Platform as an Affiliate all bookings made on behalf of your customers will receive commission on every completed booking.

When making a direct booking, you must complete the customers full information asked for in the required Traveller section in the Booking area where the Traveller is your customer. This information must be true and correct.

You will be emailed a copy of the customers ticket to be printed and given to the Customer. Your Customer will also be emailed a copy of the ticket and can log into the See and Do NZ website independently using their email that is used in their ticket as a new Customer to retrieve their booking information online and have access to their mobile ticket.

Your bookings section within your online account will show you the status of the booking and the Customers ticket is also available here for you to print as needed as well as in the email you are sent.

Your customer will earn their own See and Do NZ rewards regardless if an Affiliate makes a booking for them, or they themselves make the booking. Customers retrieve their rewards by logging into or creating their own See and Do NZ customer account using the email that you enter as the customers email during the booking process.

Phone bookings

As an affiliate you have access to the Supplier's contact phone information on the Supplier's listing page during your booking process, so you can contact the Supplier of the trip on behalf of the customer to check on times, dates and ask questions on behalf of the customer.

This enables you to book for your customers within less than 48 hours.

The phone system is generally if the booking is for less than 48 hours as you cannot book closer than 48 hours using the website. However, it can be used for any booking and any date.

Using this system, you can find suitable dates and times with the Supplier and ask for these times and dates to be released to you for the number of people you are booking for and preconfirmed.

All preconfirmed bookings are only kept available to the Affiliate for 30 minutes after they are released to the supplier to complete the booking.

As an Affiliate you can contact the Supplier and ask questions on behalf of the customer, but you must book through the See and Do Affiliate account provided.

Custom Generated Email Links

The See and Do NZ website's Affiliate section also has a section to generate custom links to the See And Do NZ website for emails (Email Links).

Email Links are designed to be used in welcome emails, confirmation emails, and other email correspondence between Affiliates and their customers to suggest activities to do in their area and generate sales. Any bookings made by the Affiliate's customer after accessing the See and Do NZ website via this link will gain commission for the Affiliate.

When using Email Links You accept that they have a tracking code attached from Your email to the See and Do NZ website. This is how See and Do NZ can attribute commissions to You for any bookings made from clicking on this link.

Email Links can be generated from the Affiliate's account in the Email Link section on the See and Do NZ website. Each area page has its own Email Link so the Affiliate can direct their customers to individual pages or even specific Activities.

The Email Link should be hyperlinked to the See and Do NZ name in a helpful context aiming to enhance Your customer's experience in NZ to find things to see and do during their stay. Ideally in auto generated emails such as "Welcome" emails and/or general correspondence non-spam emails.

Commission is made from any bookings that are completed by any customer who uses the See and Do NZ website directly via clicking on this Email Link to access the See and Do NZ website.

See and Do NZ does not guarantee bookings and you accept that you are using these See and Do NZ links and Platform with the website that these links direct your customers to of your own will and See And Do NZ is not liable for any costs involved or incurred for anything to do with the use of these links.

Custom Generated Website Video Button Links

The See and Do NZ website's Affiliate section also has a section to generate custom gif file buttons (Video Links) for the Affiliate to use on their websites which have custom code attached to be able to track bookings and gain commissions. Any bookings made by the Affiliate's website visitor who books any product on the See and Do NZ website after accessing the See and Do NZ website via these Video Links will gain commission for the Affiliate.

The Video Links are intended to be used as a direct link from approved Affiliate websites to the See and Do NZ website. Each area page on the See and Do NZ website has its own Video Link that can be generated using the Video Link section in the Affiliate's account in the See and Do NZ website.

When using Video Links, You accept that they have a tracking code attached from the website they are embedded on to the See and Do NZ website. This is how See and Do NZ can attribute commissions to You for any bookings made from clicking on this link.

Any affiliate can generate as many buttons as they want through their account for as many areas throughout NZ as they would like to use on their website, but they are only able to be used on their own website and are not transferrable to any third party or third party website.

The code that is generated for each button via the Affiliate's See and Do NZ account needs to be embedded into the Affiliate's website code, usually by their web developer. The code cannot be changed in any way.

The Video Buttons should be embedded into the home page of the Affiliate's website.

Commission is made from any bookings after the booking is successfully completed, when booked by any person after clicking on the Video Link on the Affiliate's website, giving direct access to the See and Do NZ website and only during that particular session of using the See and Do NZ website or any subsequent visits using the same Video Link from the Affiliate's website for subsequent sessions.

If the same person visits the See and Do NZ website any other way at any other time using any other link or through a direct search the commission does not apply.

See and Do NZ does not guarantee bookings and you accept that you are using these See and Do NZ video links and Platform with the website that these video links direct your customers to of your own will and See And Do NZ is not liable for any costs involved or incurred for anything to do with the use of these video button links.

Video files to play in reception on screens.

See and Do NZ also provides FREE regional specific video files designed for screen display in receptions and through hotel rooms as a channel to Affiliates. The file has local area and activity videos specific for each area and is designed to entertain customers in reception areas and to help to introduce and create a demand for activities in each area to help Affiliates with sales.

This file is copyright to See and Do NZ and cannot be changed or edited in any way. The file will be updated from time to time.

These files are available to be downloaded from the www.seeanddo.tv website which is part of the See and Do NZ Platform. These files are able to be downloaded by You when logged into your account for Your use only for display on screens within your establishment and are not to be shared with or transferred to any third party.

The files, when downloaded and put onto a USB stick or other hard drive, will be able to be played on screens.

See and Do NZ supplies these videos in good faith for assistance with booking sales only and does not take responsibility for any irregularities, inaccuracies, mistakes, broken files, Supplier's copyrights, screens or tv display incompatibility or any use of these videos in any way.

These video files are to assist sales only and to give suggestions and ideas to customers. The videos do not generate sales independently for Affiliates; they are a sales tool to be used by Affiliates to encourage bookings only.

See and Do NZ is not responsible for any costs incurred with the use of these files.

See and Do NZ Activity Brochures

See and Do NZ brochures, such as the See and Do Top 10 Activity area specific brochures are designed to be used in reception areas and in compendiums in rooms. These brochures are for the general public and are free to give away to any interested parties to encourage bookings on the Platform.

These brochures are to assist sales only and to give suggestions and ideas. The brochures do not generate sales independently for Affiliates. They are a sales tool to be used by Affiliates to encourage bookings only.

You are responsible for the cost of freight to your place of business from See and Do NZ for any brochures ordered and will be billed for this accordingly.

Bookings and Ticketing

Once the Affiliate has made the booking for the Customer, The Affiliate and the Customer will both be emailed the purchased ticket from See and Do NZ to give the customer the choice to receive a printed ticket from the Affiliate if they both prefer and/or the Customer also has access to it on their own email as well.

After the booking is completed and the ticket issued, the Customer will be looked after by See and Do NZ and the Supplier of the activity / tour / excursion who will handle the relationship with the Customer through to the completion of the activity / tour / excursion.

The Affiliate is responsible for making sure the Customer has a copy of the ticket, either printed by the Affiliate or received by the Customer electronically from See and Do NZ.

The Affiliate is also responsible for keeping track of the bookings online within their See and Do account dashboard in their 'Bookings' page and making sure their customer is aware of any change of status in their booking, if it is cancelled, approved, changed or postponed.

Affiliate Payment

We're able to track all transactions generated when you book through your Affiliate account via direct bookings or via bookings made by customers after clicking through to the See and Do NZ website using your specifically generated Video Links and Email Links.

The Affiliate commission will be pre-approved after the order has been placed and confirmed when the booking has been confirmed by the Supplier. Some products are subject to a confirmation delay as they will require Supplier approval.

The commission will be paid after the activity / tour / excursion has been completed. If the customer or Supplier cancels the activity / tour / excursion, the sale will be cancelled in the Affiliate platform and no commissions will be paid to the Affiliate.

The commissions will be paid on the 20th of the month following the successful completion of the activity / tour / excursion.

You can access the current status of your commissions payable in the invoice section of your Affiliate account. You will be emailed at the beginning of the month the amount payable to you on the 20th of that month.

Duties and Obligations of the Affiliate

You may not transfer the Video Links or Email Links to any other party. They are to be used on Your website and correspondence only. Each Video Link is specifically coded for the Affiliate who has applied for it.

Video Links are generated as an end product. You may not change the file in any way or its ability to click through to the actual See and Do NZ website as a whole as the video Link is intended to do. The Video link goes to the specific area page on the See and Do NZ it is generated for and opens on another tab in the browser being used as a whole page, not as a pop up or any other type of window.

You may place Video Links or Email Links within your newsletters, website, general correspondence emails or within other web-related content.

All videos on the See and Do NZ website are only accessible via linking to the website. The scenic videos are not allowed to be downloaded and played directly on any other site.

The See and Do NZ Regional video files intended to play on screens in receptions are only for this use and may not be used on websites or social media or any other medium. These files are for use on screens in-house only.

The See and Do NZ videos are available on the internet only via the SeeAndDo.tv website and are not available to be played on any other website.

We DO NOT allow affiliates to promote DISCOUNT CODES.

Adult, Hate, or other related sites are not permitted under any circumstances.

Failure to abide by these rules could mean the suspension of your collaboration with a complete forfeit of commissions.

Fraud is a serious offense and will be treated as such. Fraud is defined as any action or omission that knowingly or intentionally attempts to create false sales using robots, frames, iframes or scripts for the sole purpose of improperly creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDING OF ALL COMMISSIONS, whether before or after the time of commission of the fraud.

Correspondence

We reserve the right to send e-mails to You for the purposes of informing you of applicable changes or additions to the Platform or related products and services.

Changes to the Platform and Services

We reserve the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time.

See and Do NZ reserves the right to change these Affiliate Terms and Conditions without stating the reasons at any time and with immediate effect. If we make amendments, they apply as of the date of their publication on the Website. See and Do NZ expects you to regularly refer to this section to make sure you are familiar with the applicable Terms of Use. Any further use of the Website following such amendments means you consent to the amendment.

Linking

You can only link to the See and Do NZ website using the Video Links and Email Links we generate for you via your account. Links taken from other sources may result in commissions being declined as they are identified as coming from a different channel. You CANNOT take content directly from See and Do NZ, which is not generated from your Affiliate account.

As an Affiliate of the Service, you may place and remove See and Do generated Video Links on Your site in acceptable locations. If you are unsure of other acceptable locations please contact us.

Privacy Policy

Your Customer name, phone and email address will be given to the Supplier of the activity / tour / excursion booked by You for the Customer. This is for the purpose of communication about the booking. Cancellations, late arrivals, weather consequences and directions often need communication channels to be easily achieved and as open as possible.

Other than the Supplier of the booking, See and Do NZ respects the privacy of its users and will not disclose personal information to third parties without the express permission of you and Your Company.

Allowable Activities

The Affiliate agrees not to specifically target the See and Do NZ or See and Do brand or brand term directly through keyword purchases or domain purchases or using the SeeandDo term in the sub domain of any display URL (eg www.seeanddo.affiliate.com), or any derivations of the URL or any such thing that uses See and Do NZ's or See and Do's intellectual property rights.

The Affiliate agrees not to use See and Do NZ or the See and Do brand in any advertising title or advertising text, other than what is supplied directly from See and Do NZ for this purpose, without permission.

The Affiliate agrees not to Bid on the See and Do brand + generic terms (eg "See and Do tours", "See and Do activities") or to advertise as the brand i.e. on FB or Instagram, or to do any form of advertising purporting to be or to represent the See and Do NZ brand.

The Affiliate agrees not to show adverts of any competitors' brands or to work in a similar capacity with any competitors of See and Do NZ.

The Affiliate agrees not to book activities directly with the Suppliers. All bookings need to go through their See and Do NZ Affiliate account.

See and Do NZ does not allow discount codes of any sort to be promoted on their Affiliate's program. This includes any made up / invented discount codes or discount codes that were intended for use in other channels or online publishers. Any Affiliate found featuring discount codes on their websites or other related channels i.e. Social media, Emails will see their participation in the See and Do NZ Affiliate program terminated immediately and any related commissions voided.

Under no circumstances are Affiliates allowed to surreptitiously use i-frames to set cookies onto a user's computer.

Affiliates may not alter any of the creative material made available through the Platform. Affiliates are also requested not to hardcode banners into their sites, so updates made to those available through Affiliate embedded video links may take immediate effect.

Taxes

The Affiliate is responsible for accounting to all relevant tax authorities for any taxes applicable to any amount received by the Affiliate in consideration of the Services. If requested by See and Do NZ, the Affiliate will promptly provide See and Do NZ with valid tax invoices in respect of any transactions through the See and Do NZ Platform.

Content/Press Releases/Other related Promotions and Advertising

All relevant press release content must be signed off by See and Do NZ and the Affiliate management team before going live on any site. Any press information released prior to approval will be asked to be removed.

Final Provision

You acknowledge that a breach by you of the above terms may lead to See and Do NZ having to incur costs and agree to fully indemnify See and Do NZ for all costs it occurs as a result of your breach.

You agree to indemnify, defend and hold See and Do NZ and its respective directors, employees, and applicable third parties harmless from and against any and all third party claims, liability, loss and expense (including reasonable legal fees, damage awards, and settlement amounts) brought against any of them arising out of, or related to or which may arise and/or your breach of this Agreement.

See and Do NZ may at its sole discretion control the defence, at your expense, of any claim indemnified herein.

All copyright and any other intellectual property or proprietary rights in the website remains with See and Do NZ.

See and Do NZ shall have the right to terminate this Agreement in the event that you either fail to pay SND or breach any terms of this Agreement, or for any reason whatsoever.

Any such termination does not release you from your obligation to pay any outstanding fees.

Neither party shall be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labour conditions, power failures, and Internet or other network disturbances.

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties.

The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches.

This Agreement shall be governed by the laws of New Zealand.

Any notices under this Agreement shall be sent in writing via email to the parties' addresses recorded on the front page of this Agreement.