Affiliate Agreement with Sixt Rent Car
By registering and signing up to Sixt GmbH & Co. Autovermietung KG Affiliate program as Affiliate partner, the Affiliate hereby, acknowledges, accepts and
agrees to the terms and conditions of this Affiliate Agreement.
BETWEEN:
Sixt GmbH & Co. Autovermietung KG, a limited Partnership under German law, acting for itself and in its capacity as authorized representative and on behalf of
participating subsidiary companies of Sixt AG and the participating franchisees of subsidiaries of Sixt AG, who all individually and collectively hereinafter also
are referred to as “Sixt”, and
The Affiliate, whose details are set out in the Affiliate Partner Registration Form see (Appendix 1)
IS AGREED THE FOLLOWING:
1. SCOPE OF THIS AGREEMENT
1.1 Sixt provides rental car services via its global network of car rental locations and operates a rent a car online reservation system. Sixt, under this Affiliate
Agreement, provides Affiliate with a Microsite-Link to the Sixt reservation system.
1.2 Affiliate intends to promote Sixt services and to offer the Sixt Microsite-Link to its employees and visitors on its web-page in order to place reservations for
rental car services. Affiliate agrees to promote the Sixt services and to use the Microsite-Link only in such form terms and on such terms and conditions as set
out in this Affiliate Agreement.
1.3 The services provided by Sixt shall include customer services to and for the benefit of the customer. The Affiliate shall promptly refer and/or forward all
customer service related issues and questions in respect of the car rental service (including any amendment or cancellation of the reservation) to Sixt.
1.4 This Affiliate Agreement is non-exclusive and the Affiliate acknowledges operating as a non-exclusive distributor of Sixt.
2. COMMISSIONS
For reservation services provided by Affiliate to Sixt, Sixt agrees to pay Affiliate within thirty (30) days following the end of each calendar month a commission
equal to 15% of the time & mileage turnover received by Sixt for any completed rental agreement based on a reservation submitted via the Sixt Microsite-Link.
For the avoidance of any doubt, Sixt does not pay any commission for any other charges then time and mileage charges, such as insurances, waivers, airport
fees, taxes, fueling or any other amounts that are listed separately in an invoice that Sixt issues to the respective customer; no-shows, cancellations, bad debts
and reductions for courtesy reasons are generally not subject to a commission payment.
3. LICENCE, PROPRIETARY MARKS, INTERNET MARKETING
3.1 Without conveying any proprietary right, title or interest in and to Sixt copyrights, patents, trade secrets, trademarks, service marks, logos, graphics and
other intellectual property rights, Sixt hereby grants to Affiliate a royalty-free license to use the Microsite-Link solely for purposes of promoting Sixt services
pursuant to the terms of this Agreement. Except for the rights expressly provided herein, nothing contained in this Agreement shall give the Affiliate any right,
title or interest in or to the other party’s intellectual property or the goodwill associated therewith. Sixt may revoke the license to use the Microsite-Link agreed
upon in this section any time and without having to give any reasons. Affiliate confirms and assures that (a) it will refrain from providing any information and/or
content whatsoever owned and/or relating to Sixt to any entity which carries out price comparison, runs price comparison websites and/or meta search engines
and/or any other platform on which price comparison is published in point of sale Germany. Sixt may extend the obligation under this section to other point of
sales at any time and without having to give any reasons. For each proved breach of the Affiliates obligations under this section Affiliate will pay a penalty
payment to Sixt amounting to € 5,000 (EURO five thousand) and (b) it acts as a reseller and that all contractual relations regarding the brokered Sixt services
are exclusively entered into between the customer and Sixt and that Affiliate will under no circumstances use any information received about the customer to
advertise or communicate to or with the customer.
3.2 In terms of internet and search engine marketing, Affiliate undertakes not to book/purchase the following search terms (keywords) or keyword combinations
related to the Sixt brand: “Sixt”, “Sixt Holiday Cars”, “sixt.de”, “sixt-leasing.de”, “www.sixt”, “e sixt”, “Sixt holiday rent a car”, “autohaus24.de”, “sixt.fr”, “sixt.com”,
“sixt.es”, “sixt.co.uk” and similar. Affiliate further agrees, when building up and / or running Pay per Click (PPC) campaigns in Google, Yahoo, Bing, Ask or
similar with targeting generic (e.g. car rental, car hire), mid- or long-tail (e.g. car hire London) keywords to always set the brand "Sixt" as well as all sixt-
connected websites i.e. sixt.de, sixt.com, sixt.fr, etc. as negative keyword on campaign level. Affiliate may not use sixt-connected websites or Sixt-connected
words as URL, headline and / or advertising text. In case Affiliate will be in breach of either one or more of the above terms and will fail to remedy such breach
within 5 days of receiving written notice, specifying the breach and the remedy required, Sixt is entitled to terminate this Affiliate Agreement with immediate
effect.
3.3 Affiliate is not allowed to duplicate the Microsite or pass this Microsite-Link on to other distribution partners.
3.4 Affiliate shall not programmatically evaluate and extract content information from any part of a Sixt web-page or a Sixt advertising for any purpose of online
or offline marketing.
3.5 Affiliate shall not (directly or indirectly) register, acquire, use, purchase or obtain an internet domain name which incorporates any word or words which are
identical, or confusingly or substantially similar to "Sixt", or any variations, translations or misspellings thereof, included as part of the address.
4. MISCELLEANIOUS TERMS
4.1 Affiliate acting as independent company. This Agreement is not intended, nor should anything herein or in any of the arrangements contemplated herein, be
construed to create a joint venture. Affiliate may only act in its own name and for its own account as an independent company and has no power of
representation on behalf of Sixt. Affiliate is not entitled to assume any liability or enter into any commitment on behalf or in the name of Sixt, whether explicitly or
implicitly, or to expose Sixt to any obligation or commitment in whatever form.
4.2 Confidentiality. The parties hereto undertake to treat the terms and conditions of this Agreement and any information they obtain from the other party or from
an affiliate, licensee or franchisee of the other party in the performance of this agreement strictly confidential. However the parties hereto may disclose the terms
and conditions of this agreement and any information they obtain from the other party, its affiliates, licensees or franchisees to their affiliates, licensees and
franchisees if and to the extent these undertake to treat the disclosed information strictly confidential. Furthermore, each party may disclose information to
accountants, attorneys and other professional advisors that are under a statutory obligation to treat the disclosed information confidential. For the avoidance of
doubt, the undertakings in this section shall neither apply to information that at the time of its disclosure already was publicly available nor in cases in which the
disclosing party is under a mandatory statutory obligation to disclose the respective information.
4.3. Termination. Sixt may terminate this agreement at any time without prior notice and without giving any reason. The Affiliate shall not be entitled to make any
claims for damages of whatever kind against Sixt due to the termination.
4.4 Completeness. This document represents the complete agreement between Affiliate and Sixt and supersedes any other prior written or oral agreements. It
may only be amended in writing and with references to this clause.
Executed By: __________________________________
Title: __________________________________ Date/Signature: __________________________________
Appendix: Affiliate Partner Registration Form
1
Affiliate Partner Registration Form
Please supply all the information requested below. After registration, you will receive your Sixt Microsite-Link.
General details
Contracting party: _______________________________________________________
Address: _______________________________________________________
City: _______________________________________________________
Zip code: _______________________________________________________
Country: _______________________________________________________
Contact first name: _______________________________________________________
Contact last name: _______________________________________________________
Phone: _______________________________________________________
Fax: _______________________________________________________
Email: _______________________________________________________
VAT number: _______________________________________________________
IATA nr. (if available) _______________________________________________________
Website details
URL / Website: _______________________________________________________
Preferred language: _______________________________________________________
Currency: _______________________________________________________
Payment Type: Pay on Arrival Prepaid
Commission Payments
Commissions will be paid on monthly bases via our fulfillment partner Bottomline by check. If you prefer not to get check payments from Sixt
please register through Bottomline. To enroll please visit www.paymode.com/commissionpayments.
If you need to obtain your validation code, please email unpayments@paymode.com with your agent ID number.
Executed By: ______________________________________________________
Title: ______________________________________________________
Date/Signature: ______________________________________________________
Please return this form and the executed Affiliate Agreement to your local contact at Sixt (office@sixt.cz).