Affiliate Programme Agreement

  1. The purpose of this agreement is to set out the rights and obligations of becoming an Affiliate Partner with 24/7 travel insurance.
    1. 1.1 24/7 travel insurance is a trading name of Travel Insurance Specialists P J Hayman & Company Limited. P J Hayman & Company Limited is an Appointed Representative of Crispin Speers and Partners who are authorised and regulated by the Financial Services Authority. Their FSA register number is 311507. Registered office: P J Hayman & Company Limited, Stansted House, Rowlands Castle, Hampshire, PO9 6DX. Registered in England – No. 253965
    2. 1.2 To start the sign up process the Affiliate Partner must agree to all the terms and condition detailed on this agreement.
    3. 1.3 24/7 travel insurance reserve the right to terminate this agreement immediately if any of these terms are breached.
    4. 1.4 The Affiliate Partner must not use the links provided to:
       
      • Promote sexually explicit materials
      • Promote violence
      • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
      • Promote illegal activities
      • Breach intellectual property rights
    5. 1.5 The Affiliate Partner must not include 24/7 travel insurance or P J Hayman & Company Limited or variations or misspellings thereof in their domain names
    6. 1.6 The Affiliate Partner is not in any way connected to persons or to a company prevented from carrying out regulated activities by the Financial Services Authority (FSA) or some other similar body created to monitor members of the insurance profession.
    7. 1.7 The Affiliate Partner acknowledges that it is illegal under the FSA rules to give any advice or recommendation to his customer on any insurance product. The Affiliate Partner will request his customer to contact P J Hayman & Company Limited via the Affiliate website.
  2. Product and Pricing
    1. 2.1 24/7 travel insurance may from time to time have to change the rating structure.
    2. 2.2 P J Hayman & Company Limited may withdraw 24/7 travel insurance at any time.
  3. Customers
    1. 3.1 For the avoidance of doubt, customers who buy 24/7 travel insurance through this agreement will be the customer of 24/7 travel insurance.
  4. Logos
    1. 4.1 For the purpose of this agreement, 24/7 travel insurance logos may be used on the Affiliate Partner’s website or sites, with the approval of P J Hayman & Company Limited and in compliance with the terms of this agreement. A selection of logos will be forwarded to the Affiliate Partner by P J Hayman & Company Limited's technical team.
  5. Trademarks
    1. 5.1 The 24/7 travel insurance logo is a trademark of P J Hayman & Company Limited and misuse or replication of this logo may invalidate this agreement. No intellectual property rights will be transferred as a result of this Agreement. All intellectual property rights in policy documentation and marketing materials relating to 24/7 travel insurance shall remain with and vested in P J Hayman & Company Limited.
    2. 5.2 The Affiliate Partner acknowledges P J Hayman & Company Limited’s proprietary interest in, and to, its names, trade or service marks and/or logos.
  6. Term and Termination
    1. 6.1 The term of this agreement will begin upon the acceptance of Affiliate Partner’s application. By ticking the acceptance button below the Affiliate Partner has accepted these terms and conditions.
    2. 6.2 Either Party may terminate this Agreement at any time, with or without cause, by giving the other written notice of termination of no less a period of 3 months.
    3. 6.3 24/7 travel insurance may terminate this Agreement at any time, if the Affiliate Partner does not comply with 1.4 as stated above.
    4. 6.4 24/7 travel insurance may also terminate this Agreement immediately, without notice, should either Party become
       
      • subject of voluntary or involuntary rehabilitation or liquidation proceedings (save for the purposes of amalgamation or solvent re-organisation)
      • subject of an action in bankruptcy or make or propose any composition with its creditors or otherwise acknowledge its insolvency
      • have any authority or permission granted by the FSA withdrawn or altered by the FSA in such a manner as materially to affect in any way the ability to introduce, arrange, conclude, administer, perform or otherwise be involved with any Insurance Business which is carried out under this Agreement.
  7. Payment of Commissions
    1. 7.1 Commission will be payable on all completed sales (and not subsequently cancelled) on the basis of 10% of gross premium less the current rate of Insurance Premium Tax (IPT).
    2. 7.2 For the purpose of this agreement payment will be made by cheque on or around the 25th of each month. If the commission due is less than £50 for the month, this will roll forward until the amount exceeds £50, at which point payment will be made.
    3. 7.3 Commission will only be earned on sales occurring during the term of this agreement, up to the date of termination, and will only be payable if the policy is not cancelled.
    4. 7.4 Where policies are cancelled by the customer within the ‘cooling off’ period but after the payment of commission relating to the previous month, premium will be refunded to the customer and the relevant commission deducted from the following month’s commission payment to the Affiliate.
    5. 7.5 All sales will be automatically recorded in a secure database which is tracked by a unique ID that will be provided to the Affiliate Partner by P J Hayman & Company Limited’s technical team.
  8. Confidentiality
    1. 8.1 Each party will treat information received from the other relating to this Agreement and to the Insurance Business as confidential and will not disclose it to any other person not entitled to receive such information except as may be necessary to fulfil their respective obligations in the conduct of the Insurance Business and except as may be required by law or regulatory authority. For the avoidance of doubt, each party shall be entitled to disclose such information, where necessary, to its insurers or reinsurers, actuaries, auditors, professional agents and advisers and other Group companies.
  9. Complaints
    1. 9.1 The Affiliate will immediately notify P J Hayman & Company Limited of any complaint concerning the other party relating to Insurance Business subject to this Agreement.
  10. Rights of Third Parties
    1. 10.1 A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. This clause shall not affect any right or remedy of a third party which exists or is available apart from that Act.
  11. Enforceability Clause
    1. 11.1 In the event any portion of this Agreement is found to be invalid or unenforceable, the reminder shall remain in full force and effect.
  12. General Interpretation of this Agreement
    1. 12.1 In this Agreement, words importing the singular shall include the plural and vice versa. Headings are included for ease of reference and convenience only and shall not affect the interpretation of the Agreement.
  13. Force Majeure
    1. Neither party shall be liable for any delay or non-performance of its obligations under this Agreement caused by an event beyond its control (a "Force Majeure Event") provided that the Party affected gives prompt notice in writing to the other party of such Force Majeure Event and uses all reasonable endeavours to continue to perform its obligations under the Agreement. Either party may terminate this Agreement if such Force Majeure Event continues for more than 3 months.
  14. Dispute Resolution
    1. 14.1 Each party is committed to resolving all disputes arising under this agreement (and whether such dispute arises before or after termination of this Agreement) without the need for litigation and to allow, as far as possible, for commercial relationships to remain unaffected by disputes.
    2. 14.2 Each party will attempt, in good faith, to resolve any dispute or claim promptly through negotiations between respective senior executives or employees of the parties who have authority to settle such dispute.
    3. 14.3 Each party may seek the immediate protection or assistance of the High Court of England and Wales, if appropriate.
  15. Jurisdiction and Choice of Law
    1. 15.1 This Agreement shall be construed according to English Law and any disputes arising under it shall, subject to the provisions above, be determined in the English Courts.