Clickstay Affiliate Programme – Terms

These are the terms that apply to our Affiliate Programme.
  1. Definitions In these terms:
    Affiliate
    means someone who has been issued with a unique code by us and who may be entitled to commission for referring someone who becomes an Owner or Renter subject to these terms
    Affiliate Programme
    means the agreements by which we agree to pay commission for referrals to us of persons who become Owners or Renters
    Clickstay, we, us, our
    means Clickstay Ltd, a company registered in England and Wales under number 08674663, whose registered office is at Astral House, Granville Way, Bicester, Oxfordshire OX26 4JT
    Owner
    means a person who owns, or who is authorised to act as agent for the person who owns, accommodation advertised on one or more of our website(s) and who has an account with us
    Renter
    means a person who makes a booking of accommodation advertised on one of our websites
  2. These terms
    1. These are the terms that apply between us and each of our Affiliates from 20 October 2016. All referrals made to us after that date are on these terms alone.
    2. These terms replace our previous terms, but we will still credit your account at our website with commission that you earned as an Affiliate before that date.
  3. How do you become an Affiliate?
    1. You become an Affiliate when we issue you with a unique code. We use the code to identify you as the referrer of Renters and Owners.
    2. If you want to earn commission for referring new Owners to us, you must have an account with us. Everyone who is an Owner is issued with a unique code which, if it is used by a visitor to our site who becomes an Owner, enables us to identify that the Owner is referred by you. The code can be found in the webpage on our website on which the Owner manage his accommodation. We call this an “Owner Code”. The Owner Code is a link to our website(s) that you can copy and paste into emails (etc). You can only use the Owner Code to refer people who become Owners. Everyone who is issued with a Renter Code is also issued with an Owner Code when he opens an account with us, too.
    3. If you want to earn commission for referring Renters to us, you will need:
      1. a website or webpage (including a Facebook page, Twitter account, Instagram account or other blog) on which you can promote our website (s) and to which you can add a link to refer visitors to our website (s); and
      2. a unique code issued by is which visitors to your site can click to direct them to our website(s). We call this a “Renter Code”. The Renter Code may take the form of a link invite, button, banner or search box or any other legitimate means that is acceptable to us of electronically referring visitors to your website to our website(s); and
      3. an account with us. We will allow you to set up your account with us when we issue your Renter Code to you.
      You are responsible for ensuring that the code may be added into your website or webpage. When you open your account, we will issue you with an Owner Code, which you can use to refer to us people who wish to become Owners.
  4. Using your unique code
    1. You are not entitled to commission unless the person you refer to us uses your unique code.
  5. Commission
    1. You are entitled to commission on qualifying bookings made by means of our website(s) for which we are paid, subject to these terms.
  6. What bookings qualify for commission?
    1. If someone uses your Owner Code and becomes a new Owner, we will credit your account with commission for all bookings of the new Owner’s accommodation for which we are made within the first 12 months after he becomes a new Owner. But we will not pay commission:
      1. If the new Owner has been an Owner within the 24 months before he became a new Owner;
      2. For any booking of accommodation:
        1. which the deposit is not paid; or
        2. if the new Owner is not authorised to rent out the accommodation; or
        3. which our records is owned by someone -else or which we discover is owned by someone-else or someone-else if authorised to manage; or
        4. if the new Owner breaks or is in breach of his agreement with us; or
        5. made after we end our agreement with the Owner; or
        6. where we reasonably suspect fraud or dishonesty by the Owner or Renter.
    2. If your Renter Code is used to refer someone to us who becomes a Renter, we will credit your account with commission if:
      1. your Renter Code is the last used by the Renter according to our records before he becomes a Renter (the date on which the Renter last uses your Renter Code to access our website(s) before booking being the “Last Click Date”); and
      2. the Renter pays us the deposit for the use of the accommodation; But we will not pay for bookings of accommodation:
      3. that are made, according to our records, more than 60 days after the Last Click Date;
      4. where the Renter or the Owner of the accommodation breaks or is in breach of his agreement with us; or
      5. where we reasonably suspect fraud or dishonesty by the Owner or Renter.
  7. How do we calculate your commission?
    1. If you qualify for commission, your commission is 25% of the marketing commission paid to us.
    2. Our marketing commission is typically 10% of the value of the booking. In some cases, we have agreed, or may agree, marketing commission with Owners that is more or less than 10% of the booking.
    3. We alone may determine the amount of your commission. If we certify the amount of your commission, our certificate is binding, unless you prove we have made a mistake or been fraudulent.
  8. How do we pay commission?
    1. If you become entitled to commission, we will credit your account with us with the amount you are entitled to. To be paid, you must notify us, using your account, that you wish us to pay you.
    2. We will only pay you by means of electronic payment to the bank account shown in your account. You must make sure that this is a bank account in your name shown in your account.
  9. Your account
    1. Your account is a webpage on one of our websites.
    2. You access your account using a user name and a password chosen by you. You alone are responsible for keeping your password safe and making sure it is so complicated that fraudsters cannot access your account and change your details. We accept no liability for unauthorised access to your account, unless access is obtained due to our fraud or negligence.
    3. You must make sure that you fill in all necessary information to operate your account and that you keep it up to date. The information includes accurate contact details for you and details of your bank account, sort code, account name and, if your bank account is outside the UK, international money transfer details. We cannot pay you commission if you do not do this.
    4. You alone are responsible for ensuring the accuracy of information in your account.
    5. We may, by notice to you, change the address at which you can access your account. If we do so, we will give you details of the address at which you can then access your account.
    6. You may not lend your account to anyone-else.
  10. Invoices and sales taxes
    1. If you are required by law to deliver invoices to us for commission that is payable to us, you must do so.
    2. If you are required by law to account for VAT or other sales taxes by acting as an Affiliate, or are liable to charge sales taxes on commission that we credit you with, or pay to you:
      1. You and we agree that amount of commission payable to you includes the VAT or other sales tax;
      2. You will account to the relevant authority for VAT and sales tax in accordance with the law;
      3. You and we agree that you are responsible for all loss that we suffer if you fail to comply with the law.
    3. You must comply with this paragraph even if our agreement ends.
  11. Your promises to us
    1. You promise that:
      1. When you make (or made) your agreement with us on these terms or make (or made) referrals to us, you were, are and will be acting solely or mainly in the course of your trade, business, craft or profession;
      2. When you make your agreement with us, you are not relying on any statement or other representation made by us or on our behalf that is not expressly set out in these terms; and
      3. If you advertise or promote our website(s) on a website or webpage:
        1. You are authorised to make the advertisements and promotions (including, but not limited to, making sure you have the consent of the website owner to put links to our website(s) on his website and making sure that you have the consent of the owner of copyright in any photographs that you use to promote our website); and
        2. You will ensure that the advertisements and promotions comply with all applicable laws and applicable regulations and standards of decency, including, without limitation all laws associated with email marketing, anti-spamming laws and anti-competitive practices.
  12. Limitation of our liability to you
    1. Neither we, nor any of our employees, officers, shareholders, or agents are liable to you, whether in contract or in tort (including the tort of negligence) or on any other basis for any:
      1. tracking failures; or
      2. interruption of our services; or
      3. loss or corruption of database files; or
      4. inability to access your account; or
      5. any intentional harm caused to any or our records or website(s); or
    2. You agree that your agreement is with Clickstay Limited only and you waive all rights that you may have to take any action against any of our employees, officers, shareholders and agents whether for breach of contract or in tort (including the tort of negligence) or on any other basis.
    3. We do not make any express or implied warranties with regard to the Affiliate Programme and the services provided pursuant to it. We make no claim that the operation of the Affiliate Programme or any of our websites will be error-free. We are not liable for any interruptions or errors.
    4. In no event will we be liable to you for any:
      1. any loss or damage;
      2. loss of profit;
      3. loss of reputation;
      4. loss of business, revenue or goodwill;
      5. consequential or indirect loss; regardless whether the loss or damage would arise in the ordinary course of event, is reasonably foreseeable or is in the contemplation of us and you or otherwise.
    5. Our sole obligation to you is limited to crediting to your account with and instructing our bank to make payment to you of any unpaid commission that is properly payable to you in accordance with these terms.
    6. Nothing in these terms shall limit our liability for death or personal injury, or for fraud or any other liabilities the extent that they cannot be excluded or limited by law.
  13. Changing these terms
    1. We may change these terms by giving you notice. But we will not change the amount of commission payable unless we give you at least 30 days’ notice.
    2. Though we reserve the right to change our terms, we intend to do so only:
      1. If we are required by law to do so; or
      2. To comply with changes in law; or
      3. To reflect any changes we may wish to make to our Affiliate programme.
  14. Ending our agreement
    1. We may end our agreement with you:
      1. By giving you notice at least 30 days at any time; or
      2. If you break any of these terms, by giving you notice at any time.
    2. You may end our agreement with you by giving us notice at any time.
    3. If our agreement ends:
      1. you will then cease to be eligible for commission;
      2. we will continue to credit your account for bookings made before the date our agreement ends; and
      3. you must request payment of such sums no later than 120 days.
  15. Account fee after our agreement ends
    1. We may charge an account fee if you have not instructed us to pay you any unpaid commission within 120 days after our agreement with you ends.
    2. The account fee is £1 per day for every day after the 120th day until you request payment.
    3. You agree that the account fee will reduce our liability to pay any unpaid commission to you.
  16. How do you and we give notices to each other?
    1. You may give notice to us by email at support@clickstay.com.
    2. We may give notice to you either by sending you an email at the last email address we hold in our records for you or by posting information on our website(s).
  17. About Clickstay
    1. Clickstay is a private company, limited by shares.
    2. Clickstay’s VAT number is 172 5862 90.
    3. Clickstay owns and operates a number of websites that you can find at clickstay.com and rentalsystems.com.
  18. Law
    1. These terms and every agreement between us and you based on them and all disputes arising out of or in connection with these terms or the agreement (including as to the formation of the agreement) are governed by English law.
    2. Each of us and you agree to submit to the exclusive jurisdiction of the courts of England in relation to every such dispute, if you and we are unable to resolve it by agreement.