Appendix 1 – Brand & Content Protection
In this Appendix
"Intellectual Property Right" shall mean any patent, copyright, design right, registered design, database right, rights in computer software, trade mark, service mark, rights in confidential information (including know-how and trade secrets), utility model, unregistered design or, where relevant, any application for, and renewals or extensions of, any such right, know-how, trade or business name, domain name or other similar right or obligation whether registerable or not or other industrial or intellectual property right subsisting in any territory or jurisdiction in the world;
"Intellectual Property" shall mean any Intellectual Property Rights that belong to Adventure Tours Australia Group /or Adventure Tours Australia Group trading as Adventure Tours Australia ("Adventure Tours") or Pinnacle Tours ("Pinnacle Tours").
1. Brand assets, trademarks and intellectual property
(a) The Agent and/or the Agent's affiliates are not permitted to use the brand name (including misspells and variations) as a sub domain, example: www.adventuretours.com.auwww.adventuretours.affiliate-name.com.au
(b) The Agent must seek prior written approval from Adventure Tours to use any Intellectual Property it wishes to use in association with promoting the Adventure Tours products. This includes the Agent ensuring that it has obtained express permission to use any component words or phrases in web addresses utilised by the Agent.
(c) There shall be no Adventure Tours competitor information, references or branding present on landing pages relating to agreed co-branded Agent off-site marketing activities.
(d) The Agent shall use the brands and graphical elements supplied by Adventure Tours in the form stipulated by Adventure Tours and shall observe all reasonable directions given by Adventure Tours as to colours and sizes or representations of the works and their manner and disposition in relation to the products.
(e) The Agent shall only use the Intellectual Property for the purposes authorised in this agreement and, in particular, shall not use the Intellectual Property in any way which would mislead the public, or be materially detrimental to or inconsistent with the good name, goodwill, reputation and image of Adventure Tours.
(f) The Agent shall not obtain or claim any right, title or interest in or to the works except the rights of use as are specifically set out in the Agreement between the parties or this Appendix.(g) The Agent shall not adopt or use any trademark, symbol or device which incorporates or is confusingly similar to, or takes a substantial part of, or is a simulation or colourable imitation of, the Intellectual Property.
(h) The Agent shall not at any time, whether during or after termination of the Agreement between the parties, apply anywhere in the world to register any trademarks or copyright identical to or nearly resembling the Intellectual Property.
(i) The Agent shall not at any time, whether during or after termination of this Agreement, use the Intellectual Property as part of any corporate business or trading name or style.
(j) The Agent shall not apply for registration of any Intellectual Property or any intellectual property that is confusingly similar to the Adventure Tours Intellectual Property including but not limited to misspellings of protected keywords in its own name.
(k) The Agent acknowledges that any Intellectual Property shall remain the property of Adventure Tours.
(l) Any goodwill arising from the use by the Agent of Adventure Tours' name, brand or Intellectual Property shall accrue to Adventure Tours.
2. Social Media
(a) Agents selling and/or promoting Adventure Tours products may not set up or use social media channels for distribution and promotion of branded products nor use brand or logo on these platforms (including but not limited to Facebook, YouTube and Twitter) without prior approval.
3. XML Feeds
(a) Adventure Tours XML feeds provide electronic product content to agents and affiliate websites for the sole use of promoting Adventure Tours product to consumers.
(b) XML feed content is subject to caching therefore it will not deliver real-time availability and content. All content is updated on a regularly basis however Adventure Tours can not guarantee the validity of content at all times, including prices and departures.
(c) Third party distribution of the Adventure Tours feed or any of its content is not permitted.
(d) Feed content must be represented as duplicate content to search engines at all times. Web pages, displaying ATA feed content, must be marked as canonical and include a reference to the content source.
(e) Adventure Tours Australia reserves the right to change the markup and structure of the XML feed code. Subscribers will be notified about these changes in advance.
(f) Adventure Tours reserves the right to cancel feed subscriptions in case of the following:
i. Misuse of content or displaying feed content in an inappropriate context;ii. Proliferation of content without consent;iii. Faulty or extensive requests which harm Adventure Tours' host server;iv. The Adventure Tours website suffers search engine penalties due to duplicated content or similar SEO issues;v. Non compliance to other agreed terms.
4. Email Marketing
(a) Agents wishing to send out solus email campaigns promoting any Adventure Tours brands and products are requested to contact Adventure Tours for prior approval, minimum of 48 hours prior to planned distribution. Sign off of creative is required.
(b) There should be no competitor references, marks or branding in evidence on landing pages in case of use of co-branded email marketing activities. Under no circumstances may phrases such as: "cheaper than" and "cheapest" be used in any co-branded material for advertising and promotional purposes.
5. Voucher Codes
(a) The Agent may only promote codes that are provided through the Adventure Tours Agent programme. Generic codes supplied are authorised for use by all Agents.
(b) Codes supplied directly to an Agent are only for use by that Agent.
6. Additional Restrictions
(a) Agents will not:
i. Mislead others;ii. Operate or utilise a website or email links to websites that contain or promote any of these types of content: libellous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, or that offer any illegal good or service, or link to a website(s) that does so;iii. Engage in spamming, indiscriminate advertising or unsolicited commercial email;iv. Engage in cybersquatting or typosquatting;v. Use layer ads or adware.
7. Non-compliance with commercial agreement
(a) If Adventure Tours discovers (or has reason to believe) that Agents has not complied with
the terms of this Appendix Adventure Tours shall be entitled in its sole discretion to:
(b) reject or suspend Agent from the Adventure Tours Agent programme with immediate effect; and/or
(c) at its absolute discretion, terminate some or all agreements between the Agent and Adventure Tours immediately upon notice
(d) Reject any commission relating to such activity or any of the previously stated conditions.