Login
Terms and Conditions
RedBalloon Affiliate program including: godo.com.au, godo.co.nz, redballoondays.com.au and redballoondays.co.nz
By clicking on the box provided you have accepted and agreed to these terms and conditions of RedBalloon Pty Ltd, RedBalloon NZ Limited and GoDo Pty Ltd collectively referred to as "RedBalloon".
TERMS AND CONDITIONS
1. DEFINITIONS AND INTERPRETATION
In this Agreement the following definitions apply:
(a) 'Commencement Date' means the date RedBalloon accepts your affiliate application
(b) 'Content' means all the pages on the RedBalloon Websites including the range of leisure, tourism activities and experiences in the form of gifts and online real-time bookings marketed by RedBalloon via the RedBalloon websites.
(c) AFFILIATE or YOU means the organization who has identified its self to RedBalloon as being the contracting party to this agreement.
(d) 'AFFILIATE Frames' means the AFFILIATE supplied web page frames that are used to brand the web pages on the RedBalloon Websites containing the range of leisure, tourism and experiential activities.
(e) 'AFFILIATE Website' means the website located at the affiliate URL as notified to RedBalloon.
(f) 'RedBalloon Link' means the interface internet link between AFFILIATE's Website and RedBalloon Website that has been created by RedBalloon.
(g) 'RedBalloon Website' means a website operated with the following home page URLs: godo.com.au, godo.co.nz, redballoondays.com.au, redballoondays.co.nz, redballoon.com.au redballoon.co.nz or such other URL as is current from time to time.
REDBALLOON LINK
2. RedBalloon, at its own cost, has developed an internet RedBalloon Link to interface between AFFILIATE's Website and RedBalloon's Website.
3. AFFILIATE Website users will be able to view the Content via the RedBalloon Link from the AFFILIATE Website. Users who wish to purchase Activities will do so from the RedBalloon Website. Customers will be bound by RedBalloon's Terms and Conditions and its Privacy Policy. All purchases will be subject to the customer's acceptance of RedBalloon's Terms and Conditions as displayed on the RedBalloon Website.
4. Customers who purchase content (activities and experiences) under this Agreement shall be deemed to be customers of RedBalloon.
5. RedBalloon owns the RedBalloon Link and has supplied it to AFFILIATE for AFFILIATE's Website under the terms of this Agreement.
6. RedBalloon grants AFFILIATE a non-exclusive, revocable right to use the RedBalloon graphic image, logos, text and such other images for which RedBalloon grants express permission, solely for the purpose of this Agreement. AFFILIATE will not modify the graphic images, logos or text in any way.
LIMITED LICENCE
7. RedBalloon grants you a nonexclusive, revocable right to use RedBalloon owned graphic images and text and such other images for which RedBalloon grants express permission, solely for the purpose of identifying your site as an Affiliate program participant and to assist in generating sales. You may not modify any graphic image or text, or any other of these images, in any way. RedBalloon reserves all rights in the graphic image and text, any other images, the RedBalloon trade names and trademarks, and all other intellectual property rights. You agree to follow the guidelines set out in this paragraph, as those guidelines may change from time to time. RedBalloon may revoke your license at any time by giving you written notice.
POLICIES AND PRICING
8. Customers who buy content through this Affiliate program will be deemed to be customers of RedBalloon. Accordingly, all RedBalloon terms and conditions, policies, and operating procedures concerning customer orders, customer service, delivery conditions and product sales will apply to those customers. RedBalloon may change the current policies and operating procedures at any time.
YOUR RESPONSIBILITY AS AN AFFILIATE
9. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for the technical operation of your site and all related equipment.
10. You will be responsible for the accuracy and appropriateness of materials posted on your site (including, among other things, all Content-related materials). If RedBalloon notices any inaccurate or inappropriate links or content on AFFILIATE site in connection with RedBalloon, and if RedBalloon notifies AFFILIATE of the changes to be made, affiliate must make these changes within 7 days.
11. You will be responsible for ensuring that materials posted on your 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).
12. You will be responsible for ensuring that materials posted on your site are not illegal. RedBalloon disclaim all liability for these matters. Further, you will indemnify and hold RedBalloon harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
13. You may not make any press release with respect to this Agreement or your participation in the Affiliate program without RedBalloon prior written consent, which may be given or withheld at RedBalloon's sole discretion. In addition, you may not in any manner misrepresent or embellish the relationship between RedBalloon and you.
14. You will not hold out or create an impression you conduct the business of RedBalloon. Your domain name will not contain the words "RedBalloon" or "GoDo" and you will not purchase secure or control directly or indirectly any advertising (such as Google Adwords or Inktomi) based on or which promotes a brand or corporate name of RedBalloon, including the brand RedBalloon Days, Go Do or the corporate name RedBalloon NZ or any trading or brand name now or in the future. Further, you will indemnify and hold RedBalloon harmless from all costs and expenses (including, without limitation, attorneys' damages) and any financial or business loss arising as a result of a breach of this clause.
REDBALLOON RESPONSIBILITIES
15. RedBalloon shall process bookings placed by customers who follow the link from the AFFILIATE Website to the RedBalloon Website and reserves the right to reject bookings that do not comply with any requirements that RedBalloon may establish periodically;
16. RedBalloon shall be responsible for all aspects of booking and processing of bookings including processing secure payments and customer service.
17. RedBalloon shall track sales made to customers who purchase activities by using the link from AFFILIATE Website to RedBalloon's Website.
18. RedBalloon shall ensure that it's tracking mechanism correctly identifies those purchases made by users who have arrived at the RedBalloon Website via a hyperlink specific to the Affiliate;
TERM OF AGREEMENT
19. The term of this Agreement will begin upon RedBalloon accepting the Affiliate program application and will end when terminated by either party. Either the AFFILIATE or RedBalloon may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, the AFFILIATE will immediately cease use of, and remove from the AFFILIATE site, all links to the RedBalloon website, trademarks and logos, and all other materials provided to you pursuant hereto or in connection with the Affiliate program. The AFFILIATE is eligible to earn referral fees only on RedBalloon sales of qualifying products that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not cancelled or returned. RedBalloon may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
LIMITATION OF LIABILITY
20. RedBalloon will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement even if RedBalloon has been advised of the possibility of such damages. Further, RedBalloon aggregates liability arising with respect to this Agreement and the Affiliate program will not exceed the total referral fees paid or payable to you under this Agreement.
21. RedBalloon makes no express or implied warranties or representations with respect to the Affiliate program or any products sold through the Affiliate program (including, without limitation, warranties of fitness, merchantability, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, RedBalloon make no representation that the operation of the RedBalloon website will be uninterrupted or error-free, and will not be liable for the consequences of any interruptions or errors.
TERMS OF SALE OF CONTENT22. The parties acknowledge that RedBalloon acts as agent for activity and experience providers and who provide activities and experiences to customers. RedBalloon is not a provider of activities and experiences and has no responsibility for any activities and experiences provided or not provided by any other party. The parties acknowledge that RedBalloon facilitates bookings with activity and experience providers. RedBalloon does not have any power to control activity or experience provider operations. RedBalloon gives no guarantee or warranty in respect of the activities or experiences provided. Activities and experiences are provided directly to the customers by the providers. The parties acknowledge that RedBalloon only facilitates bookings with activity and experience providers.
COMMISSION
23. RedBalloon shall pay AFFILIATE a commission of 5% (inclusive of GST) of all gross sales (inclusive of GST) that are initiated through the AFFILIATE Website via the RedBalloon link.
24. A cookie duration of 45 days will apply, thereby commission will be paid only on sales made up to 45 days from the date of the original referral.
25. Commission shall be calculated monthly and paid within 14 days of month end. Credit card fees, booking and delivery fees are excluded from commission payment. Chargebacks, refunds or credits for customers will be deducted from the payment.
26. RedBalloon shall ensure that its tracking mechanism correctly identifies those purchases of Activities that were initiated by customers via AFFILIATE's Website. RedBalloon shall within 7 days of month end provide AFFILIATE substantiation of all gross sales for the previous month that were initiated through the AFFILIATE Website.
27. RedBalloon will make available accurate reports on the number of click throughs received from the AFFILIATE Website (from the RedBalloon link provided) and the number of sales and the gross value of those sales.
28. RedBalloon shall provide with each payment a Tax Invoice to AFFILIATE for the monthly commission payment.
29. On termination of the Agreement RedBalloon shall pay AFFILIATE such commission as is earned up to and including the date of termination.
30. If, for any reason, RedBalloon awards an AFFILIATE customer a refund, or if AFFILIATE's customer payment fails, and RedBalloon has already paid AFFILIATE commission earned from that sale, RedBalloon will deduct the amount of the refunded/failed sale commission from any subsequent payment to AFFILIATE. If there are no subsequent fees to be paid to AFFILIATE, RedBalloon will send AFFILIATE an invoice for the amount of the refunded/failed sale commission, and AFFILIATE agrees to pay the invoiced amount no later than thirty days from the date of the invoice.
31. If a customer has received a credit from RedBalloon and uses this credit to purchase the whole or part of an experience, only that portion of the purchase which is not attributable to a credit is commissionable to you.
32. No experiences supplied by Sydney Bridge Climb are commissionable – Product Code commencing SBC.
33. Termination of this Agreement does not affect any accrued rights and remedies of the parties.
BONUS SCHEME
34. The sales commission level is set at 5%. However, AFFILIATES can earn additional commission each month depending on the level of sales they reach during that month. Based on the sales targets below, RedBalloon will pay AFFILIATE the increased commission on any sales over and above the target.
35. Sales target commission rates will be applicable only to the sales confirmed in the current calendar month, then reset back to their original rate at the start of each new month.
| Sales Target | Commission Rate |
| $5,000 | 5.5% |
|---|---|
| $10,000 | 6.0% |
| $15,000 | 6.5% |
| $20,000 | 7.0% |
| $25,000 | 7.5% |
GENERAL
39. Privacy The parties agree to comply at all times with the Privacy Act 1988 (Commonwealth) and to comply with the National Privacy Principles as set out in the Act.
40. Non Exclusive The parties agree that this Agreement has no impact or bearing upon the other business activities of RedBalloon or AFFILIATE.
41. Assignment Neither this Agreement nor any rights or obligations under this Agreement may be assigned or otherwise transferred by any party without the prior written consent of the others.
42. Waiver No waiver by any party of any provisions of this Agreement will amount to a continuing waiver or a waiver of any other provision of this Agreement unless made in writing and signed by the party against whom the waiver would have been enforced.
43. Governing Law This Agreement is governed by the laws of the New South Wales, state of Australia, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Sydney, and you consent irrevocably to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without the RedBalloon 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. RedBalloon failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of RedBalloon right to subsequently enforce such provision or any other provision of this Agreement.
44. Force Majeure Neither party will be liable for any failure to carry out any provision of this Agreement if the failure was caused by circumstances beyond its control such as, but not limited to, acts of God, fire, accident, interruptions to energy supplied, strike, riot, civil commotion, acts of terrorism or war whether declared or not. If a party's performance of its obligations under this Agreement is affected by an event contemplated by this Clause, which party will use its best endeavors to promptly restore itself to a position where it can perform its obligations.
45. Severability If any provision of this Agreement is held to be invalid or unenforceable in any way, the remaining provisions will not be affected and this Agreement will be interpreted so as to most nearly give effect to the intentions of the parties as it was originally signed.
46. Entire Agreement This Agreement, together with any documents referred to in this Agreement or executed contemporaneously in connection with this Agreement, comprises the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior understandings, agreements, representations and correspondence.
47. Survival of Indemnities The indemnities contained in this Agreement are continuing obligations of the parties separate and independent from their other obligations and will survive the termination of this Agreement.
MODIFICATIONS TO THIS AGREEMENT
48. RedBalloon, at its sole discretion, may modify, at any time, any of the terms and conditions contained in this Agreement by posting a change notice or a new agreement on the RedBalloon website or by e-mail addressed to you. If any modification is unacceptable to you, you may terminate this agreement. Your continued participation in the Affiliate program following our posting of a change notice or new agreement on the RedBalloon website will constitute binding acceptance of the change.
YOUR ACKNOWLEDGEMENT
49. You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Affiliate program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
CORPORATE
This agreement is entered into by the AFFILIATE and RedBalloon who is:
RedBalloon Pty Ltd (ABN: 13 097 376 442), GoDo Pty Ltd (ACN 122 509 139) and RedBalloon NZ Limited, a company incorporated in New Zealand all of 179 Harris Street Pyrmont, New South Wales, 2009, Australia (hereinbefore referred as RedBalloon).