Terms and Conditions

This agreement contains the complete Terms and Conditions that apply to an individual or company's participation in the PRO DIVE Affiliate Program (the "Program"). As used in this agreement, "we" means PRO DIVE, "you" means the applicant, and "services" means online translation services offered by PRO DIVE. "Site" means a World Wide Web site and, depending on the context, refers either to PRO DIVE's site or to the site that you will link to our site. "Link" means a HTML form or link provided by PRO DIVE which directs the customer's web browser to our site.

1. JOINING THE PROGRAM
To join the program, you are required to complete our Affiliate registration process.
You can add links to our site immediately after you have completed registration.
PRO DIVE P/L reserve the right to reject any application to join the Affiliate Program.
The PRO DIVE Affiliate Program is open to almost anyone with the exception of employees of PRO DIVE P/L or any of its franchise employees or  websites that promote or contain illegal content or activities that we deem to be unsuitable for association with PRO DIVE.

2. LINKING TO PRO DIVE
We will provide access to a link generator. If you would like to modify these links or create your own links, please contact us to discuss.

3. COMMISSION
Subject to the Terms and Conditions of this Agreement, you will be paid commission for each completed booking referred from your site through the PRO DIVE link.
If a customer's purchase is refunded either directly by PRO DIVE or through credit card charge-backs made to PRO DIVE's bank account, we retain the right to withhold any payments to you resulting from the transaction being cancelled.

4. COMMISSION SCHEDULE
You will earn commission based on a predetermined percentage of the gross revenue after sales tax received by PRO DIVE from completed and traveled booking being referred from your site, unless subsequently referred from another affiliate's site.
You will not to receive commission on your own orders or orders were the customer uses a promotional code that has been issued outside the scope of this agreement. In order to associate an order with an affiliate we utilize cookies.

Affiliates earn 2.5%*commission for the first bookings made via www.prodive.com. If the client enters www.prodive.com  through your website or through a promotion such a newsletter, then you will again earn a 2.5%*commission. You can withdraw your earnings from your affiliate account using 4 different payment methods: MoneyBookers or cheque for people in Australia. 

The Affiliate Bonus Program also allows you to earn up to 7.5% commission on some products. To be eligible for the bonus commission, you will need to use the the link(s) generated by the system under the Affiliate Bonus Program .  

* Some product may pay less commission due to there low margins e.g. Career programs, escorted tours and package holdays are an example of this. You will be paid a commission that is calculated per booking basis. Email ben@prodive.com.au if you have any questions in regards to this.

5. COMMISSION PAYMENT
Subject to the Terms and Conditions of this Agreement, you will be paid the commission at the end of the following month provided that the commission owed is more than AUD$150.00 or equivalent. Payments are not due until after the client has travelled.

6. POLICIES AND PRICING
Customers purchasing services from PRO DIVE through this Program will be deemed to be customers of PRO DIVE. Accordingly, all PRO DIVE Terms and Conditions concerning the services will apply to those customers. We may change our Terms and Conditions without notice at any time. For additional information please refer to our standard Terms and Conditions.

7. LIMITED LICENSE
We grant you a non-exclusive, non-transferable, non-sub licenseble, revocable right to use the PRO DIVE logos and text for which we grant express permission, solely for the purpose of identifying your site as a program participant. You may not modify the message or any of our images or trademarks in any way. We reserve all of our rights in the message, any other images, our trade names and trademarks, and all other intellectual property rights. Except as provided herein, you agree that you have no rights, title or interest in or to the message or other images, trademark or trade names provided to you by PRO DIVE and all uses of such materials by you will inure to the benefit of PRO DIVE. You agree not to apply for registration of any of the PRO DIVE trademarks, service marks or trade names (or any mark similar there to) anywhere around the world. You agree that you will not engage, participate or otherwise become involved in any activity or course of action that diminishes and / or tarnishes the image and or reputation of PRO DIVE or its trademarks. We reserve the right to revoke your license at any time by serving a written notice.

8. RESPONSIBILITY FOR YOUR SITE
You will be solely responsible for the development, operation, and maintenance of your site. The banners provided by PRO DIVE are hosted on our servers and will not affect the performance of your site. We reserve the right to update these banners at any time and without notice.

9. TERM OF THE AGREEMENT
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written or emailed notice of termination. You are only eligible to earn commission on translation services occurring during the term of this Agreement only. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Your site is subject to periodic review. If we determine at any point after acceptance into our Program that your site is unsuitable for the Program, we may unilaterally end the status of your site as an affiliate.

10. MODIFICATION
We may modify any of the Terms and Conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, and Program rules. Your continued participation now, or within thirty (30) days following the posting notice of any changes in these Terms and Conditions, will constitute a binding acceptance by you of such rules, changes or modifications. IF  YOU DEEM ANY MODIFICATION TO BE UNACCEPTABLE, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT.
YOUR CONTINUED PARTICIPATION IN THE PROGRAM, FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE, WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

11. RELATIONSHIP OF PARTIES
You and PRO DIVE are independent contractors, and no part of this Agreement will create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 otherwise, that reasonably would contradict anything in this Section.

12. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS, OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM OR THE REGISTRATION OF DOMAIN NAMES BY CUSTOMERS REFERRED TO US BY YOU. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL REFERRAL FEES PAID TO YOU IN THE MONTH IN WHICH A CLAIM HAS BEEN MADE BY YOU.

13. DISCLAIMERS
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY SERVICES MADE AVAILABLE THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE OR THE AVAILABILITY OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

14. MISCELLANEOUS
This Agreement will be governed by the New South Wales , Australia law, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts of Australia, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.