Abraham Group Affiliate Agreement for Online Partners
FOREWORD
Abraham offers travelers the option to view and book tours, activities, transportation & accommodation .
We offer these services through our website, platforms and other applications. Our affiliate partners are
very valuable to us. We do our best to treat you with fairness and respect. We ask for the same
consideration back. We have written the following affiliate agreement with you in mind, as well as to
protect our company’s reputation. So please bear with us as we take you through this legal formality.
If you have any questions, please don’t hesitate to let us know. We are strong believers in
straight-forward and honest communication. For quickest results please email us at
[email protected] . You can also reach us via phone, +972-2-566-0045.
Best Regards,
Uri Sharon
Sales & Marketing Director
Abraham Group (Hostels & Tours)
AFFILIATE AGREEMENT
PLEASE READ THE ENTIRE AGREEMENT. YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ABRAHAM TOURS LTD.
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND
UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO
BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
1. Overview
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Abraham Group’
Affiliate Program. The purpose of this Agreement is to allow affiliate linking between your website, business or
application and the Abraham Group websites. Please note that throughout this Agreement, “we,” “us,” and “our” refer
to the Abraham Group, and “you,” “your” and “yours” refer to the affiliate partner.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit the application process with an Abraham
Group representative. We may reject your application at our sole discretion. We may cancel your application
if we determine that your site is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or
age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark
or other intellectual property rights or to violate the law
2.1.6. Includes “Abraham Tours” or ‘ Abraham Hostels’ variations or misspellings thereof in its domain
name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or
racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other
affiliates in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or
implied in a manner which resembles our website nor design your website in a manner which leads
customers to believe you are Abraham Hostels or Abraham Tours or any other affiliated business.
2.2. As a member of Abraham Group Affiliate Program, you will have access to an Affiliate Account Manager.
Here you will be able to review your updated funds, download HTML code (that provides for links to web
pages within the Abraham Group websites), browse and get tracking links as well as widgets. In order for us
to accurately keep track of all guest visits from your site to ours, you must use the affiliate links that we
provide for each banner, text link, or other affiliate link we provide you with.
2.3. Abraham Hostels & Tours reserves the right, at any time, to review your placement and approve the use
of your links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as
we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should
enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to
your site. You must have express permission to use any person’s copyrighted material, whether it be a
writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely
responsible) if you use another person’s copyrighted material or other intellectual property in violation of the
law or any third party rights.
3. Abraham Tours Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and
conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or
to make sure that your links to our web site are appropriate and to notify further you of any changes that we
feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the
right to terminate your participation in the Abraham Group Affiliate Program.
3.2. Abraham Group reserves the right to terminate this agreement and your participation in the Abraham
Group Affiliate Program immediately and without notice should you commit fraud in your use of the Abraham
Group Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected,
Abraham Group shall not be liable to you for any commissions for such fraudulent sales.
3.3. This agreement will begin upon our acceptance of your Affiliate application, and will continue unless
terminated hereunder.
4. Termination
Either you or we may end this Agreement at any time , with or without cause, by giving the other party written
notice. Written notice can be in the form of mail or email. In addition, this agreement will terminate
immediately upon any breach of this agreement by you.
5. Modification
We may modify any of the terms and conditions in this agreement at any time at our sole discretion. In such
event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment
procedures and Abraham Group Affiliate Program rules. If any modification is unacceptable to you, your only
option is to end this agreement. Your continued participation in Abraham Group Affiliate Program following
the posting of a change notice or a new agreement on our site will indicate your agreement to the changes.
6. Payment
Abraham Group uses a third party to handle all of the tracking. The third party is TourCMS. Kindly review the
payment terms and conditions:
6.1. Payouts will be based upon a minimum balance remaining –
6.1.1. In Israel : a minimum balance of 1500 ILS is required to perform a payout via bank
transfer or PayPal.
6.1.2. Outside of Israel : a minimum balance of 1000 ILS is required to perform a payout
via PayPal. From a minimum balance of 2000 ILS bank transfer option will also
available.
6.2. Given the partner’s balance reached the required minimum, payouts will be conducted based on net 30
days. For example, the partner’s balance due is 2500 ILS on December 31st, payment will be made no later
than January 31st to the affiliate partner.
6.3. Payouts will be made according to, accomodation, tours and activities confirmed departure date and not
that of the booking date, thus to prevent cases of cancellations, change of dates or other components.
7. Invoicing
7.1. In Israel : a legally acknowledged document in the form of a payment request or tax invoice is required in
order to perform a payment, followed by an invoice.
7.2. Outside of Israel: a signed document by the partner acknowledging receiving the funds.
8. Access to Affiliate Account Interface
You will create a password so that you may enter TourCMS’ secure affiliate account interface. From their site
you will be able to receive your reports that will describe our calculation of the commissions due to you.
9. Promotion Restrictions
9.1. You are free to promote your own web sites, but naturally any promotion that mentions Abraham Hostels
or Abraham Tours could be perceived by the public as a joint effort. You should know that certain forms of
You represent and warrant that:
12.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal,
valid, and binding obligation, enforceable against you in accordance with its terms;
12.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of
this Agreement and to perform your obligations under this Agreement, without the approval or consent of any
other party;
12.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
13. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT
UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE
THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS
OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT,
IN NO EVENT SHALL ABRAHAM HOSTELS & TOURS CUMULATIVE LIABILITY TO YOU ARISING OUT
OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT
LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION
FEES PAID TO YOU UNDER THIS AGREEMENT.
14. Indemnification
You hereby agree to indemnify and hold harmless Abraham Hostels & Tours, and its subsidiaries and
affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other
owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements,
costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to
as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim
that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright,
licenses, intellectual property, or other proprietary rights of any third party, (ii) any misrepresentation of a
representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim
related to your site, including, without limitation, content therein not attributable to us.
15. Confidentiality
All confidential information, including, but not limited to, any business, technical, financial, and customer
information, disclosed by one party to the other during negotiations or the effective term of this Agreement
which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep
in confidence and not use or disclose such proprietary information of the other party without express written
permission of the disclosing party.
16. Miscellaneous
16.1. You agree that you are an independent contractor, and nothing in this Agreement will create any
partnership, joint venture, agency, franchise, sales representative, or employment relationship between you
and Abraham Hostels & Tours. You will have no authority to make or accept any offers or representations on
our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise,
that reasonably would contradict anything in this Section.
16.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party
who obtains all or substantially all of the business or assets of a third party.
16.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Israel
without regard to the conflicts of laws and principles thereof.
16.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both
parties.
16.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior
agreements and communications of the parties, oral or written.
16.6. The headings and titles contained in this Agreement are included for convenience only, and shall not
limit or otherwise affect the terms of this Agreement.
Commission Rate offered (to be filled out by Abraham Hostels & Tours Representative):
10% on all Abraham Hostels, Tours and Activities booked, confirmed and departed as scheduled via affiliate partner.
10% commission for sale of tours