Guest Experience Terms and Conditions

GUEST EXPERIENCE PARTNER REFERRAL TERMS

INFORMATION ABOUT US AND HOW TO CONTACT US
1. We are Jam Start Limited trading as Touch Stay. We are a limited company registered in England and Wales under company number 09352517 and have our registered office at 52 New Town, Uckfield, East Sussex, England, TN22 5DE.
2. To contact us, please email partnerships@touchstay.com.
3. If we have to contact you, we will do so at our option using notifications in your account or by telephone using the telephone number you have provided to us, or by writing to you at the email address or postal address you have provided to us.
THESE TERMS
1. These Guest Experience Partner Referral Terms apply to our program for referrals to our third-party guest experience partners (GEPs). If you are referring or introducing new clients to us, our separate Affiliate Referral Terms will apply instead.
2. Please read these terms carefully before you make any referrals. These terms tell you how to make referrals, how commission is calculated and paid, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms, please contact us. We may amend these terms from time to time without notice to you, and they will apply to all current and future referrals.
How to make referrals
1. You can make referrals for the GEPs set out at the relevant GEP page listed at Guest experience integrations using a URL or widget provided for that GEP (Referral Tool). Each GEP page will set out:
  1. the commission calculation which applies for it (Commission); and
  2. any limits, requirements or conditions in relation to that Commission (including as to eligibility), your use of Referral Tool, GEP materials, and other activities in relation to the GEP (GEP Terms).
2. To make a referral, you will need to ensure that any potential new customer clicks through the Referral Tool for the relevant GEP. If a new customer uses the Referral Tool and enters into a contract with the GEP, then subject to the GEP Terms and your compliance with these terms then Commission will apply.
3. Any new customers of a GEP which are not referred through the Referral Tool or do not engage with the GEP in accordance with the GEP Terms will not attract Commission. You should not amend or modify the Referral Tool, as this may relate in new customers not being tracked and Commission not applying.
4. Please note that the page for each GEP (including the Commission and GEP Terms for it) may be updated at any time without notice and once updated the new Commission and GEP Terms will apply.
Commission payments
1. We will only pay Commission after we have received all relevant commission in full and cleared funds from the GEP. We make no guarantee as to when that will be received.
2. Commission payments will be made no more than quarterly, and only when there is a minimum of $50 Commission accrued and payable at the relevant quarterly payment date. No payments of less than $50 will be made unless and until this contract ends.
3. All sums payable under this contract are inclusive of value added tax or other applicable sales tax.
4. All payments are in US Dollars and our conversion rate will be applied on the last day of each quarter where relevant. Payments will be made to the bank details you will provide us with. We will ask for bank details as soon as you will be eligible for a payment. You are responsible for ensuring that these details are correct and that your account with us is secure against unauthorised access.
5. Our decisions as to eligibility for or calculation of Commission (including exchange rates) are final and unless there is a clear error in these we will not enter into any correspondence about them.
Your obligations
1. You must comply with the GEP Terms and all applicable laws (including anti-bribery requirements) in relation to your activities under this contract and your use of the Referral Tools or references to a GEP.
2. You must not:
  1. through your acts or omissions (including your use of the Referral Tool) in any way damage or diminish the reputation of us, the GEPs, or their products or services;
  2. use any logos, trade marks, or other intellectual property of a GEP other than as expressly authorised by them and in accordance with any terms and conditions which apply to such;
  3. use the Referral Tools or otherwise reference the GEPs alongside or as part of any document that includes any content which is unlawful, obscene, offensive, discriminatory or which infringes any third party rights.
  4. hold yourself out, or permit any person to hold itself out, or otherwise create the impression that you are authorised to bind us or a GEP in any way, and you must not do any act which might reasonably create the impression that you are so authorised
  5. make or enter into or negotiate any contracts or commitments or incur any liability for or on behalf of us or a GEP.
  6. make or give any representations, warranties or other promises concerning a GEP or their products or services which are not included in any authorised material they have provided.
Termination
1. We or you may end this contract at any time on written notice.
2. Following the end of this contract:
  1. no further Commission will be payable other than what as accrued as payable before the end of this contract;
  2. you must remove any Referral Tools from your content; and
  3. any rights you have in relation to GEPs or their materials under this contract will end and you must remove any such materials from your content.
Liability
1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; or any other matter for which it would be unlawful for us to exclude or restrict liability.
2. We will not have any liability for any indirect or consequential losses you may suffer, or (in each case whether direct or indirect) or otherwise in relation to any:
  1. loss of profits;
  2. loss of contracts or business;
  3. loss of or errors in data; or
  4. wasted expenditure or time.
3. Our liability to you will not exceed the Commission payable under this Contract.
4. We are not liable for the acts or omissions of GEPs and do not grant you any rights or licences in relation to the GEPs or their branding or materials. GEPs may directly enforce the relevant terms of this contract against you and will have the benefit of the relevant clauses.
5. You will be liable for and indemnify us in full for any costs, loss or liabilities we suffer in relation to your breach of this contract, and any claims against us by GEPs in relation to your acts or omissions.
6. References to liability in these terms includes every kind of liability arising under or in connection with this contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise. You are responsible for making your own arrangements for the insurance of any loss which is excluded or limited under these terms, and acknowledge that these exclusions and limitations are reasonable in the circumstances due to the nature and terms of this contract and the availability to you of insurance protection and other resources to protect you from such risks.
OTHER IMPORTANT TERMS
1. When we use the words “writing” or “written” in these terms, this includes emails. When we use the word “include”, “including” or similar terms this does not limit the scope of any words preceding those terms.
2. We will not be in breach of this contract nor liable for delay in performing, or failure to perform, any of our obligations under this contract if such delay or failure result from causes beyond our reasonable control.
3. These terms and the documents and referred to in them constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to their subject matter.
4. The contract is between you and us and no other person shall have any rights to enforce any of its terms (other than GEPs as set out in these terms) and you may not assign it to any third party. We may assign our rights and obligations under this contract or deal with them in any other way.
5. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
6. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
7. These terms are governed by English law and any claims or disputes (including non-contractual claims or disputes) arising out of or in connection with it or its subject matter or formation are subject to the exclusive jurisdiction of the English courts.

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