Common use of Sales Tracking Clause in Contracts

Sales Tracking. (a) It is agreed that Dive The World will use its software to track, record, assess and determine the Confirmed Sales made by Referred Users under this Agreement and who are referred or introduced to the Dive The World website under the Programme via Dive The World Content displayed on your Affiliate website through a Hyperlink or Widget to the Dive The World website; and (b) We will only be obliged to pay you a Referral Fee for a Confirmed Sale under clause 8 subject to confirming accurate tracking of such Confirmed Sales through the use of a referral tracking cookie, activated when a Referred User completes and sends one of the Dive The World enquiry forms. You acknowledge and agree that the use of cookies is the only method by which we will track Confirmed Sales under this Agreement. (c) You agree and accept to update and make any amendments and variations to Widgets and Hyperlinks as requested by Dive The World from time to time. If you fail to make the necessary amendments or variations to the Widgets and Hyperlinks as requested by us within 30 days of receiving a notice of a change, Dive The World is under no obligation to pay you a Referral Fee in accordance with clause 8 nor is Dive The World liable for any shortfall in payment of a Referral Fee or failure by a cookie to accurately track sales through the use of a referral tracking cookie. Dive The World shall not be liable for payment of any Referral Fee or any other loss or damage whatsoever in respect of your failure to make the necessary amendments and variations to Widgets and Hyperlinks pursuant to this clause 10(c). (d) You acknowledge, agree and accept that: i. only correct use of Dive The World Content will drop a referral tracking cookie on the Referred User’s computer, enabling Dive The World to allocate the Referral Fee to you correctly; ii. the Dive The World tracking cookie is set to expire after 20 years on the Referred User’s device and after such time we cannot and will not track Confirmed Sales using such cookies; iii. if our cookies are deleted, erased, corrupted or become unworkable for whatever reason by the Referred User, website owner or otherwise, we will no longer be able to track Confirmed Sales to you from Referred Users; iv. we can only track Confirmed Sales made by the last Programme referral tracking cookie on the Referred User’s device. For clarity, if a Referred User uses another referral tracking cookie associated with the Programme before purchase of a Product, such as, but not limited to another Affiliate page, the last cookie dropped on the Referred User’s device will be allocated the Confirmed Sale; and and in all such cases we shall not be liable for payment of any Referral Fees or any other loss or damage whatsoever, including in respect of any additional purchases of products or services made by such Referred User from us after the time that such cookies are incapable of tracking or cannot or will not be used to track Confirmed Sales. (e) The sales tracking and other information that Dive The World has generated, determined or collected under the terms of this Agreement and in connection with the Programme, will be made available in good faith in the Dive The World Affiliate Area and you and undertake that you will not challenge or dispute the completeness or accuracy of the information so generated, determined or collected.

Sales Tracking. (a) It is agreed that Dive The World Nomads will use its software to track, record, assess and determine the Confirmed Sales made by Referred Users under this Agreement and who are referred or introduced to the Dive The World website Nomads Web Site under the Programme via Dive The Program via: i. World Nomads Content displayed on your Affiliate website Web Site through a Hyperlink or Widget to the Dive The World websiteNomads Web Site; and ii. any unique discount or Promotional Code that we provide to you for the specific purpose of offering a Referred User a discount on the travel insurance premium for a World Nomads Product which arises from a Confirmed Sale. For each Confirmed Sale using a Promotional Code: a. the Affiliate will receive an agreed percentage of the Referral Fee ('Your Proportion'); and b. the monetary value of the remaining proportion of the Referral Fee will be applied as a discount on the travel insurance premium for a World Nomads Product payable by the Referred User in respect of the Confirmed Sale ('User Discount'); provided always that the combined total monetary value of Your Proportion and the User Discount must not exceed the total agreed Referral Fee for the Confirmed Sale. (b) We will only be obliged to pay you a Referral Fee for a Confirmed Sale under clause Clause 8 subject to confirming accurate tracking of such Confirmed Sales through the use of a referral tracking cookie, activated when a Referred User completes which is supplied to you in the World Nomads Content and sends one of the Dive The World enquiry formsapproved by us. You acknowledge and agree that the use of cookies is the only method by which we will track Confirmed Sales under this Agreement. (c) You agree and accept to update and make any amendments and variations to Widgets and Hyperlinks as requested by Dive The World Nomads from time to time. If you fail to make the necessary amendments or variations to the Widgets and Hyperlinks as requested by us within 30 days of receiving a notice of a change, Dive The World Nomads is under no obligation to pay you a Referral Fee in accordance with clause 8 nor is Dive The World Nomads liable for any shortfall in payment of a Referral Fee or failure by a cookie to accurately track sales through the use of a referral tracking cookie. Dive The World Nomads shall not be liable for payment of any Referral Fee or any other loss or damage whatsoever in respect of your failure to make the necessary amendments and variations to Widgets and Hyperlinks pursuant to this clause 10(c). (d) You acknowledge, agree and accept that: i. only correct use of Dive The World Nomads Content will drop a referral tracking cookie on the Referred User’s computer, enabling Dive The World Nomads to allocate the Referral Fee to you correctly; ii. the Dive The World Nomads’ tracking cookie is set to expire after 20 years 60 days on the Referred User’s device and after such time we cannot and will not track Confirmed Sales using such cookies; iii. if our cookies are deleted, erased, corrupted or become unworkable for whatever reason by the Referred User, website owner or otherwise, we will no longer be able to track Confirmed Sales to you from Referred Users; iv. we can only track Confirmed Sales made by the last Programme Program referral tracking cookie on the Referred User’s device. For clarity, if a Referred User uses another referral tracking cookie associated with the Programme Program before purchase of a Product, such as, but not limited to to, a Promotional Code or another Affiliate affiliate page, the last cookie dropped on the Referred User’s device will be allocated the Confirmed Sale; and and v. any other discount or Promotional Code used by your Referred Users, which is not the specific Promotional Code supplied by us to you, will be treated as a direct sale; and in all such cases we shall not be liable for payment of any Referral Fees or any other loss or damage whatsoever, including in respect of any additional purchases of products or services made by such Referred User from us or our insurance partners after the time that such cookies are incapable of tracking or cannot or will not be used to track Confirmed Sales. (e) The sales tracking and other information that Dive The World has Nomads generated, determined or collected under the terms of this Agreement and in connection with the ProgrammeProgram, will be made available in good faith in the Dive The is binding on World Affiliate Area Nomads and you and undertake each of the parties undertakes that you they will not challenge or dispute the completeness or accuracy of the information so generated, determined or collected.