Affiliate Program Terms

These Affiliate Program Terms (the "Terms") are a contract between Siam Luxury Adventure Co., Ltd. (Thai: บริษัท สยาม ลัคชูรี่ แอดเวนเจอร์ จำกัด), a limited company registered in Thailand under the Civil and Commercial Code on 6 July 2023 (B.E. 2566) with the Phuket Provincial Business Registration Office, Department of Business Development, Ministry of Commerce, juristic person registration number 0835566027493, whose registered office is at 88/384 Moo 2, Ko Kaeo Sub-district, Mueang Phuket District, Phuket Province, Thailand (the "Company"), and each person or business (the "Affiliate") that the Company accepts into its affiliate program (the "Program") to bring Guests to it, such as a blogger, a hotel, a concierge, a travel agent or a Partner with a QR card.

The Affiliate accepts these Terms when it first applies to join the Program, accepts them in writing (including by email or messenger) or uses a Referral Link or Referral Code the Company has issued to it. Acceptance has the effect of a signed written contract, as the Electronic Transactions Act B.E. 2544 (2001) allows, and a person who accepts for a business confirms that he or she is authorised to bind it.

These Terms apply together with the Terms of Use and the Privacy Policy, and Guests book under the User Agreement. A Partner that is also an Affiliate remains bound by the Partner Program Terms; the Commission under these Terms is separate from the commission a Partner pays under those terms. The Rate Confirmation forms part of these Terms and prevails over them on the points it covers.

In these Terms:

1. (a)"Attribution Period" means the 30 days after a visitor last opens the Website through the Affiliate's Referral Link;
2. (b)"Business Day" means a day other than a Saturday, a Sunday or a public holiday in Thailand;
3. (c)"Commission" means the fee the Company pays the Affiliate for a Qualifying Booking;
4. (d)"Commissionable Amount" means the price the Guest pays for a Qualifying Booking, excluding the Security Deposit, refunds, charges for damage, fines and fuel, government fees and other amounts passed on at cost, and any tax included in the price;
5. (e)"Qualifying Booking" means a Booking that meets every condition in section 6;
6. (f)"Rate Confirmation" means the Company's written message, by email or messenger, that confirms the Affiliate's Referral Code, its Commission rate and any special conditions; and
7. (g)"Referral Code" means the code the Company issues to the Affiliate, and "Referral Link" means a link to the Website carrying it, in the form siam-luxury.com/?ref=CODE, including a link in a QR code.

Other capitalised words, such as "Guest", "Booking Request", "Booking Confirmation", "Booking", "Supplier" and "Partner", have the meanings given in the Terms of Use, the User Agreement and the Partner Program Terms.

To join, an applicant writes to the Company with its name or company name and contacts, the websites, social media accounts or premises where it will promote the Website, the size and countries of its audience, and its payment and tax details. The applicant must be a business or a person aged at least 20 with full legal capacity.

The Company accepts or refuses applicants at its discretion and need not give reasons. It may ask for identity or company documents and proof of the applicant's channels and audience. Joining the Program is free.

When it accepts an applicant, the Company sends a Rate Confirmation with the Referral Code. The Commission rate is not published: it is the rate the Company confirms to each Affiliate in writing. The Affiliate gives true and complete information and tells the Company of any change in its details, channels, payment details or tax status. The Company's staff and their relatives may join only with the Company's written consent.

The Affiliate promotes the Website only with the Referral Links, Referral Code, QR cards and materials the Company has issued or approved, and only on the channels and premises it named when it applied or that the Company approved later.

The Referral Code is personal. The Affiliate must not alter, sell or transfer it, share it with other affiliates or networks, or let anyone else use it, unless the Rate Confirmation allows this. The Company may change or deactivate a Referral Code or Referral Link with notice, for example to stop misuse, without affecting Commission already earned except under section 9 and section 15.

QR cards and printed materials the Company supplies remain its property. The Affiliate displays them as agreed, does not change their design, and returns or destroys them on request.

When a visitor opens the Website through a Referral Link, the Website stores the Referral Code in the visitor's browser (local storage) for 30 days. If the visitor later opens the Website through another Referral Link, the newer code replaces the older one: the newest code wins.

While the code is stored, the Website adds it to a Booking Request sent through the form on the Website and to the message the Website prepares when the visitor opens a WhatsApp chat with the Company. Analytics events on the Website also carry the code, as the Cookie Policy explains.

A Booking is credited to the Affiliate only if the Booking Request that led to it reached the Company carrying the Affiliate's Referral Code within the Attribution Period. A Booking Request made by phone, email, Telegram, LINE or in person, or from another browser or device, carries the code only if the Guest quotes it when making the request.

The code may be lost if the visitor clears browser storage, uses a browser that does not keep it and leaves the page before sending the request, deletes the code from the message, or if a technical fault occurs. The Company is not liable for lost or incorrect attribution and pays no Commission on a Booking its records do not credit to the Affiliate.

Only one Affiliate is credited with a Booking: the one whose code the Booking Request carried, and if it carried more than one, the newest. The Company decides doubtful cases in good faith on the basis of its records, which are binding unless the Affiliate proves them wrong.

A Booking is a Qualifying Booking only if:

1. (a)it is credited to the Affiliate under section 5;
2. (b)the Company has issued a Booking Confirmation for it;
3. (c)the Guest has paid the price in full;
4. (d)the Service has been provided and has ended; and
5. (e)it has not been cancelled or fully refunded, no payment for it has been reversed or disputed, and clause 6.2 does not exclude it.

The following are not Qualifying Bookings:

1. (a)Bookings by or for the Affiliate, its staff, its relatives or companies it owns or controls;
2. (b)Bookings by Guests who had already asked the Company about the same Service before they first used the Referral Link;
3. (c)Bookings of Services provided by the Affiliate itself or by a person connected with it;
4. (d)property sales and leases of a year or longer, unless the Rate Confirmation expressly includes them;
5. (e)Bookings obtained through promotion that breaks section 10 or section 11, or otherwise through a breach of these Terms; and
6. (f)fake, fraudulent or test Bookings, and Bookings paid with stolen or disputed means of payment.

No Commission is payable on any booking that is not a Qualifying Booking, even if the Affiliate's promotion contributed to it. These Terms replace any right to a broker's fee or customary remuneration that might otherwise arise under the Civil and Commercial Code.

For each Qualifying Booking the Company pays the Commission set in the Rate Confirmation: a percentage of the Commissionable Amount, a percentage of the Company's own remuneration on the Booking, or a fixed amount. Different rates may apply to different categories of Services.

The Company may change an Affiliate's rate by giving at least 15 days' written notice. The new rate applies to Booking Requests received after it takes effect, and an Affiliate that does not accept it may leave the Program under section 15.

The Commission is the Affiliate's only remuneration and includes value added tax and any other tax due on it, unless the Rate Confirmation says otherwise. The Affiliate bears its own costs of promotion; the Company reimburses expenses only if it has agreed in writing in advance.

The Affiliate must not share its Commission with Guests or offer them a discount, cash back or gift for using its Referral Code, unless the Company has authorised the offer in writing.

After each calendar month, the Company prepares a statement of the Qualifying Bookings whose Services ended in that month and the Commission on them. The statement identifies each Booking by date, category and amount, without the Guest's name or contacts.

The Company pays the Commission within 30 days after the end of the month in which the Services ended, by bank transfer to an account in the Affiliate's name, in Thai baht unless agreed otherwise. If the Rate Confirmation sets a minimum payout, a smaller balance is carried forward, and any balance is paid when the Affiliate leaves the Program.

Before the first payment, the Affiliate gives the Company its bank details and the documents the Company needs for its accounts and tax duties, such as an identity document or company certificate, a taxpayer identification number and, for an Affiliate outside Thailand, a certificate of tax residence. The Company may hold payments, without interest, until it receives them.

The Affiliate is responsible for its own taxes. Where the Revenue Code requires the Company to withhold tax from a payment, the Company withholds it at the rate the law sets, pays it to the Revenue Department and gives the Affiliate a withholding tax certificate, and the amount withheld counts as paid; a reduced treaty rate applies only if the Affiliate provides the required documents before the payment. An Affiliate registered for value added tax issues a tax invoice as the law requires, and the Affiliate bears the charges for transfers abroad or in another currency and any exchange difference.

The Affiliate raises any objection to a statement in writing, with reasons and evidence, within 30 days after receiving it. After that time the statement counts as accepted, except for errors the Company corrects itself and in case of fraud.

If, after the Company has paid Commission, a Booking is cancelled, refunded in whole or in part, charged back or disputed, or proves not to be a Qualifying Booking, the Company may reduce or cancel the Commission on it. It deducts the overpaid amount from later payments or, if none is due, the Affiliate repays it within 14 days after the Company's written request.

If the Company reasonably suspects fraud or a breach of these Terms, it may hold the Commission on the Bookings concerned for up to 90 days while it investigates, and tells the Affiliate why. If the suspicion is confirmed, no Commission is payable on those Bookings.

The Company may set off any amount the Affiliate owes it, under these Terms or the Partner Program Terms, including its losses from a breach, against Commission due to the Affiliate.

The Affiliate promotes the Website honestly and lawfully, in its own name. It must not:

1. (a)send unsolicited messages by email, SMS, messenger or social media, or any commercial message without the recipient's consent or without an easy way to unsubscribe, contrary to section 11 of the Computer Crime Act B.E. 2550 (2007), as amended by the Computer Crime Act (No. 2) B.E. 2560 (2017), and the rules made under it;
2. (b)make false or misleading statements about the Company, the Website, Suppliers or Services, including about prices, availability, discounts, safety or licences, contrary to the Consumer Protection Act B.E. 2522 (1979), or promise anything the Company has not confirmed;
3. (c)bid on or use "Siam Luxury", "Siam Luxury Adventure", "siam-luxury.com" or any variation, translation, transliteration or misspelling of them as keywords or in the text of search or social media advertising, without the Company's written consent;
4. (d)register or use a domain name, app, social media account or business name that contains the Company's name or could be confused with it;
5. (e)make, or ask others to make, fake, test or fraudulent Booking Requests or Bookings, or use its Referral Code for bookings for itself, its staff, its relatives or companies it controls;
6. (f)present itself as the Company or as its staff, agent or official representative, use the Company's phone numbers, messengers or logo in a way that suggests this, or create pages, profiles or messages that look like the Company's;
7. (g)take Booking Requests, payments, deposits or personal data from Guests on the Company's behalf, or confirm prices, availability or Bookings;
8. (h)place a Referral Code in a visitor's browser unless the visitor deliberately opens a Referral Link, for example through hidden frames, automatic redirects, pop-ups, adware or browser extensions;
9. (i)pay or reward people for clicking a Referral Link or sending a Booking Request, unless the Company agrees in writing;
10. (j)promote the Website next to unlawful, sexual, gambling, hateful or violent content, or to children; or
11. (k)copy content or photos from the Website other than the materials the Company supplies, or use information obtained through the Program to arrange bookings with Suppliers directly or for a competitor of the Company.

The Affiliate is responsible for everything it publishes and for the people it engages to promote the Website, and follows the rules of the platforms it uses. It removes or corrects any content about the Company within two Business Days after the Company asks.

The Affiliate tells its audience clearly that it receives a commission or another benefit from the Company. The disclosure appears in the content or next to the Referral Link, before the audience clicks, in the language of the content, for example "ad", "paid partnership" or "affiliate link". On social networks the Affiliate also uses the platform's tool for marking paid partnerships where one exists.

The Affiliate complies with every law on advertising and paid promotion that applies to its content in Thailand and in the countries where its audience is, including any duty to label advertising, name the advertiser, or register or report online advertising, at its own cost. Its reviews and recommendations reflect its honest opinion, and it does not claim to have used a Service it has not used.

While it is in the Program, the Affiliate may use the Company's name and logo and the materials the Company supplies, only to promote the Website and only in the form the Company supplies or approves. This permission is personal, non-exclusive, free of charge and revocable at any time.

The Affiliate does not alter the Company's name or logo, combine them with other marks or use them in a way that could harm the Company's reputation, and changes or removes any use of them within two Business Days after the Company asks. All goodwill from their use belongs to the Company, and the Affiliate acquires no rights in them.

With the Affiliate's consent, the Company may name the Affiliate and show its logo as one of its partners on the Website and in its materials.

Each party is a separate data controller under the Personal Data Protection Act B.E. 2562 (2019) for the personal data it processes, and complies with that Act and any other data protection law that applies to it.

The Affiliate does not collect personal data of potential Guests for the Company. It passes a person's details to the Company only at that person's request, or with that person's agreement after pointing them to the Privacy Policy; a hotel or concierge that passes on a Guest's request confirms that the Guest has agreed.

The Company processes the Affiliate's personal data, and the data of visitors who use Referral Links, as its Privacy Policy and Cookie Policy explain. It does not give the Affiliate the names or contact details of Guests.

If the Affiliate receives personal data of a Guest or visitor through the Program, it uses that data only for the purpose for which it was given, protects it, does not use it for marketing without the person's consent, and tells the Company of any breach affecting it within 24 hours after becoming aware of it.

The Affiliate is an independent person or business that introduces potential Guests in its own name and at its own risk, and decides how, when and where it promotes the Website within these Terms. It is responsible for its own staff, contractors, taxes, licences and registrations, including any registration its local law requires for advertising or commercial activity.

These Terms do not make the Affiliate the Company's employee, agent, partner, joint venturer or representative. The Affiliate has no authority to make offers, accept Bookings, receive payments, make statements or take on obligations for the Company, and has no right to a salary, social security contributions, employee benefits or any payment other than the Commission.

The Program is not exclusive. The Affiliate may promote other businesses, and the Company may work with other Affiliates, including in the same area or with the same audience.

Either party may end these Terms at any time by written notice, including by email or messenger. Notice from the Company takes effect 15 days after it is sent, unless clause 15.2 applies.

The Company may suspend the Referral Code or end these Terms at once, by notice stating the reason, if the Affiliate breaks section 10, section 11 or section 12, commits fraud, gives untrue information or harms the Company's reputation, or if the law or an authority requires it. It may also deactivate, with 15 days' notice, a Referral Code that has produced no Qualifying Booking for 12 months.

When these Terms end, the Affiliate stops using the Referral Links, the Referral Code and the Company's brand, and within seven days removes the Referral Links and the Company's logo from its websites, profiles and premises. The Company pays the Commission on Qualifying Bookings whose Booking Requests reached it before the end, under section 8, except where they are connected with a breach of these Terms. The provisions on payment, claw-back, data protection, confidentiality, liability and indemnity, and law and courts survive the end of these Terms.

The Company provides the Website and the Program as they are and as available. It does not promise any number of visitors, Booking Requests or Bookings, or any amount of Commission, and is not liable for interruptions of the Website, lost or incorrect attribution, or the acts of Suppliers.

To the extent Thai law permits, the Company is not liable to the Affiliate for loss of profit, revenue, goodwill or data, or for indirect or consequential loss, and its total liability for all claims is limited to the Commission paid or payable to the Affiliate in the three months before the event giving rise to the claim. Nothing in these Terms excludes or limits liability for fraud or gross negligence (section 373 of the Civil and Commercial Code), for death or injury to body or health caused intentionally or by negligence (section 8 of the Unfair Contract Terms Act B.E. 2540 (1997)), or any other liability that Thai law does not allow to be limited. A limitation that a court finds unfair applies to the extent the court finds fair and reasonable.

The Affiliate indemnifies the Company, its directors, staff and agents against all claims, losses, fines, penalties and costs, including reasonable lawyers' fees, arising from its content or promotion, a breach of these Terms, a breach of the law on advertising, unsolicited messages, personal data or intellectual property, or a statement it made about the Company, Suppliers or Services.

The Company may change these Terms by publishing a new version on the Website and telling the Affiliate by email or messenger at least 15 days before the change takes effect, or with shorter notice where the law or an authority requires it, to prevent fraud or abuse, or where the change only benefits Affiliates.

An Affiliate that does not accept a change may leave the Program before it takes effect; if it keeps using its Referral Code after that date, it accepts the change. A change does not reduce the Commission on Qualifying Bookings whose Booking Requests reached the Company before the change took effect.

The Affiliate keeps confidential its Commission rate, its statements and any non-public information about the Company, Suppliers and Guests that it receives through the Program, unless the law requires disclosure.

The Company sends notices to the email address or messenger account the Affiliate gave it, and the Affiliate sends notices to info@siam-luxury.com. The Affiliate may not transfer its rights or obligations under these Terms without the Company's written consent; the Company may transfer them to a person that takes over all or part of its business, with notice to the Affiliate.

A provision of these Terms that is invalid or unenforceable applies to the extent it is valid, and the rest of these Terms remain in force. A failure or delay by the Company in exercising a right is not a waiver of it.

These Terms are published in English, Russian and Thai. If the versions differ, the English version prevails.

These Terms, and any dispute arising from them or from the Program, are governed by the laws of Thailand.

The parties first try to settle a dispute by good faith negotiation for 30 days after one of them notifies it in writing. A dispute that is not settled is decided by the competent courts of Thailand, and the parties choose the Phuket Provincial Court as far as the law allows them to choose. If the Affiliate is outside Thailand, the Company may also bring proceedings in the courts of the Affiliate's country.

Applications, questions and notices about the Program go to info@siam-luxury.com. The Company can also be reached by phone at +66 61 497 0336, by WhatsApp at +65 8986 8291, by Telegram at t.me/siam_luxury_adventure and by LINE at timoteobir. The Company's details are given in clause 1.1.

The Company confirms receipt of a written complaint about the Program, a statement or a payment within three Business Days and gives a reasoned answer within 15 Business Days, or explains why it needs more time and when it will answer.