Terms and Conditions - Affiliate Program

This Agreement contains the complete terms and conditions that apply to your participation as an Affiliate with the Sirvoy Limited Sirvoy Affiliate Program.
As used in this Agreement, “we,” “us” or “Sirvoy” means Sirvoy Limited, and “you,” “yourselves” or “Affiliate,” means the Affiliate. “Sirvoy Affiliate Program” means the program managed by Sirvoy.

Referral and Partner Program

The commission fees gained from the Referral Program will be 50% of the Qualifying Payments (as defined below) made by the referred client/customer to Sirvoy during the client’s first six (6) months of using the Sirvoy system. 

The commission fees gained from the Partner Program will be equal to a percentage of the Qualifying Payments made by the referred client to Sirvoy. The following list shows the commission percentage of any Qualifying Payments, which is based on the amount of active clients you introduced to Sirvoy:

1st-5th referred active clients: 5%
6th-15th referred active clients: 10%
16th-30th referred active clients: 15%
31st-50th referred active clients: 20%
51st and additional clients: 25%

The term “Qualifying Payments” includes all normal and standard account fees received by Sirvoy from the referred client of the Affiliate.

The client will only be considered to be referred by the Affiliate if:-

1. The client’s Sirvoy account is registered through the Affiliate link provided by Sirvoy or by any other method agreed by Sirvoy.

2. The account is registered with Sirvoy without partaking of any special discounts or promotions offered by Sirvoy.

The Affiliate can only be signed up for either the Partner Program or the Referral Program at any one time.  If the Affiliate wishes to change Program then the current Program needs to be terminated first.

Payment terms

The commission fees will be paid out to the Affiliate upon your request. No payments can be requested unless the commission fees exceed six hundred dollars ($600.00) or other currency equivalent.

The Affiliate program is not meant to be used by the account holders themselves, but rather by businesses actively promoting Sirvoy.  To ensure this, payments to the Affiliate will be held back until at least two Sirvoy accounts have been referred by the Affiliate and actively use Sirvoy.

Reports and Audit

You will have the right to have a certified public accountant, acceptable to us, examine our applicable books and records as are necessary to verify the accuracy of payments made to you under this Agreement. You are entitled to conduct such an audit only during normal business hours, at your expense, upon reasonable notice, no more frequently than once per calendar year, and no later than thirty (30) days following the end of the term or termination of this Agreement.

Representations and Warranties- Limitation of Liability

Each of us hereby represents and warrants that:-

We each have full power and authority to enter into this Agreement and to perform its obligations hereunder;

We each have obtained all permits, licenses, and other governmental authorizations and approvals required for its performance under this Agreement;

The services to be rendered by each of us under this Agreement neither infringe nor violate any patent, copyright, trade secret, trademark, or other proprietary right of any third party.

Provided that Sirvoy will remain solely responsible for the operation of the Sirvoy website and Sirvoy acknowledges that its website may be subject to temporary downtime due to causes beyond their reasonable control subject to the specific terms of this Agreement. Sirvoy retains sole right and control over the programming, content and conduct of transactions over its website or service.



General covenants, undertakings and obligations of Affiliate

The Affiliate will not take or omit to take any action which may affect Sirvoy’s relationship with its customers. The Affiliate will not cause or permit to be done anything which may cause Sirvoy to be excluded from the process of a booking/reservation with any customer. Moreover, the Affiliate will not in a negative or detrimental way speak ill (i.e. badmouth) about or comment upon the business of Sirvoy and will not persuade, induce or attempt to induce any customers to terminate their contracts with or reduce its dealings and business with Sirvoy.

The Affiliate will not communicate with any customer of Sirvoy in respect of (consumed) bookings/reservations made through the Sirvoy system or for any customer service in respect of such bookings/reservations made through such system or consumed.

The Affiliate will duly and diligently maintain and adjust the contents of the Affiliate website and will keep the Affiliate website up-to-date and accurate. The Affiliate will promptly correct any errors or omissions on the Affiliate website and in the information relating to Sirvoy (if any) after becoming aware of such errors or being notified by Sirvoy.

The Affiliate will not :-

  1. programmatically evaluate and extract information (including reviews) from any part of the Sirvoy website (e.g. screen scrape).

(ii) make any static copy of the content or any part of the Sirvoy website on the Affiliate’s own server (including reviews).

(iii) make any booking or reservation with any customer of Sirvoy. 

The Affiliate agrees and acknowledges that the restrictive covenants, undertakings, commitments, obligations and restrictions set out herein are of material importance to Sirvoy, in particular for:-

  1. its willingness to enter into this Agreement with the Affiliate; and
  1. the protection of goodwill, product, service and business/market reputation of Sirvoy. Furthermore, the Affiliate agrees and acknowledges that all covenants, undertakings, commitments, warranties, obligations and restrictions set out herein will:-
  1. (a)      be promptly, duly and diligently complied with by the Affiliate, and

(b) also apply in respect of the companies within the Affiliate’s group and the Affiliate will procure, warrant and undertake that the companies within the Affiliate’s group will observe, adhere to, comply with and act in accordance with the terms and conditions set out herein.

Goodwill and brand protection

In order to protect the product, service, brand and goodwill of Sirvoy, the Affiliate hereby covenants, undertakes and warrants that the Affiliate’s website (including all other websites (directly or indirectly) owned, controlled or hosted by the Affiliate or companies within the Affiliate’s group), is and will remain sufficiently and substantially distinct and different from the Sirvoy website (to be determined at Sirvoy’s sole discretion). The Affiliate hereby agrees and acknowledges that for the duration of this Agreement and continuing thereafter:-

(a) the look and feel of the Affiliate’s website (including all other websites (directly or indirectly) owned, controlled or hosted by the Affiliate) will be distinctly and significantly different to the Sirvoy website including in respect of the color scheme, the composition, the typefaces, the design and the layout (including the brand), the (click) buttons, boxes and banners and the available features (save for those features reasonably required for the performance of the Affiliate’s obligations under this Agreement);

(b) any logo(s) used on the Affiliate’s website (including all other websites owned, controlled or hosted by the Affiliate) will be distinctly different to the Sirvoy logo;

(c) the Affiliate will not in any way imitate or copy the Sirvoy website (in general or in respect of certain (new) features, pages, form, composition or aspects), and

(d) the Affiliate will promptly comply at its own costs with any reasonable requests from Sirvoy to make such (further) changes, alterations or amendments to any aspect of the Affiliate’s website which is or can be regarded to be confusingly or significantly similar to any element of the Sirvoy website.

Fulfillment and Policy

Sirvoy will be solely responsible for providing the services paid for by the referred client/customer. Accordingly, all rules, policies, operating procedures and information concerning customer usage of Sirvoy will apply to those clients/customers, including our rules of privacy and confidentiality. Sirvoy may change our policies and operating procedures at any time, without notice.

Intellectual Property Rights

Sirvoy hereby grants to you during the duration of this Agreement a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between yours and the Sirvoy website and to use Sirvoy’s trade names, logos, trademarks on your site solely as is reasonably necessary to establish and promote such hyperlinks and to otherwise perform your obligations under this Agreement, provided, however, that any other promotional materials or usages containing any of Sirvoy’s trade names, logos, trademarks will be subject to Sirvoy’s prior written approval.

You hereby grant to Sirvoy during the duration of this Agreement, a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between yours and the Sirvoy and to use your trade names, logos and trademarks solely as is reasonably necessary to establish and promote such hyperlinks and to otherwise perform our obligations under this Agreement, provided, however that any other promotional materials or usages containing any of the Affiliate’s marks will be subject to your prior written approval.

Except as set forth above, you and we each reserve all right, title and interest in respective intellectual property rights (e.g., patents, copyrights, trade secrets, trademarks and other intellectual property rights). Use of the other party’s marks except as set forth herein will be strictly prohibited.

The Affiliate acknowledges that Sirvoy and/or its licensors will retain ownership of all rights, title and interest in and to all intellectual property rights of Sirvoy or embodied in the Sirvoy website, including but not exclusively, the Sirvoy logo and the website content.

The Affiliate will not directly or indirectly disclose, integrate, include, use, combine, exploit, incorporate or otherwise make the Sirvoy data (or any part thereof) available:-

  • with its own content and/or the content of any competitor of Sirvoy; or
  • to or for the benefit of-
  • itself (save for enabling the service in accordance with the terms of this Agreement); or
  • any third party including any of Sirvoy’s competitors (whether for the promotion of, marketing of, reference to, promotion of, advertising of or otherwise in the interest of or to such party), or
  • for any other purpose or in any other manner and/or on or through third party platforms except as expressly provided for in this Agreement.

The Affiliate will not amend, alter, modify, distort, create derivative and/or new works based on and/or derived from the Sirvoy data and Sirvoy’s data will not include a (direct or indirect) link, reference, click-through or reference to the website of a Sirvoy competitor.

Upon termination or expiration of this Agreement, the Affiliate will destroy, delete or upon first request of Sirvoy return all Sirvoy data including all hard and soft copies.

The Affiliate will (and will procure that the companies within the Affiliate’s group will) not (directly or indirectly) register, acquire, use, purchase or obtain internet domain name which incorporates any word or words which are identical, or confusingly or substantially similar to “Sirvoy”, or any variations, translations or misspellings thereof, included as part of the address.

By entering into this Agreement, Sirvoy does not (explicitly or tacitly) waive or forfeit any of its rights to which it is entitled by any law, contract or otherwise (now or in the future) in respect of its intellectual property rights vis-à-vis the Affiliate or other third parties.

The Affiliate will not use, exploit or otherwise employ, directly or indirectly, any third-party platforms, to seek to avoid or circumvent its covenants, obligations or restrictions under this Agreement or those restrictions or covenants of which the Affiliate could reasonably expect that any such actions fall under the scope of this Agreement.

The Affiliate will not exploit or use the content for any purpose or in any manner and/or on or through third party platforms except as expressly provided for in this Agreement.

During the duration of this Agreement (and continuing thereafter in respect of the Sirvoy brands and the Sirvoy data) the Affiliate will immediately comply with any request made by Sirvoy to adhere to and comply with this Agreement.

The Affiliate covenants, undertakes and warrants to promptly adhere to, observe and comply with the spamming regulations (and all reasonable requests made by Sirvoy in this respect) in order to avoid any breach by Sirvoy or the Affiliate’s website of such policies due to or in respect of the Affiliate’s website. For the avoidance of doubt, the Affiliate cannot enforce any rights in this respect towards or vis-à-vis Sirvoy and hereby waives any (right of) defense or claims against Sirvoy in this respect.


You as Affiliate will indemnify, defend and hold harmless Sirvoy and its Affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable legal fees) relating to the operation of your website, a breach of your obligations under this Agreement, or the violation of any third party intellectual property rights of editorial content or other materials of your website.

Term and Termination

The Affiliate approves the terms and conditions during registration by checking the box
in the affiliate registration form on the Sirvoy website. Sirvoy may occasionally adjust the terms and conditions. By continuing to use the Affiliate Program after those changes are made, the Affiliate agrees and acknowledges his/her/its acceptance of the changes.

Either party may terminate this Agreement at any time, with or without cause, by giving the other at least thirty (30) days written notice of termination. You are only eligible to earn commissions on clients/customers referred to Sirvoy occurring during the term. Commissions earned by you through to the date of termination of this Agreement will be paid to you only if the orders of the referred clients/customers are not cancelled. Sirvoy may withhold final payments of commission to you for a reasonable time to ensure against such cancellations.

If the Affiliate becomes inactive by not introducing any new referred clients/customers over a period of six (6) months then we will see fit to initiate the termination of the Affiliate program and this Agreement by sending out a notice to you in writing and by email.

The Affiliate Program will be used by Sirvoy’s own clients or for the purpose of benefiting a Sirvoy account user. Each client of Sirvoy hereby warrants and undertakes that he/she/it will work actively to promote the Affiliate Program and will work actively to engage new clients to such Program on an ongoing basis.

Rights to Intellectual Property

All patents, brands copyrights, design rights, get ups, logos, product names trademarks, service marks, trade secrets, know-how, database rights and other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same, anywhere in the world which shall be provided by Sirvoy arising out of or in connection with the supply of the system shall be the property of the respective owners thereof.

General Provisions

We will each monitor and periodically test the general operation of our respective businesses.

You and we are each entering this Agreement as an independent contractor and nothing will be construed to create a partnership, agency, joint venture or employment relationship between you and us.

In its performance of this Agreement and in the operation of each party’s businesses, you and we each will comply with all applicable laws, regulations, orders and other requirements, now or hereafter in effect, of governmental authorities having jurisdiction. Without limiting the generality of the foregoing, you and we each will each pay, collect and remit such taxes as may be imposed with respect to any compensation, royalties or transactions under this Agreement.

Neither you or we will be considered to be in breach of or default under this Agreement on account of any delay or failure to perform as a result of any causes or conditions that are beyond our respective reasonable control. If any force majeure event will occur, meaning any event or circumstance or combination of events and/or circumstances not within the reasonable control of the affected party which has the effect of delaying or preventing the that party from complying with its obligations herein (including  labour disputes, strikes, acts of God, acts of government, fire, flood, earthquake, war, riots, embargos), , the affected party will give prompt written notice to the other party and will use commercially reasonable efforts to minimize the impact of the event.

This Agreement has been made in and will be construed and enforced in accordance with the laws of the Ireland. Any action arising hereunder will be brought entered in Irish Courts.

Any notices under this Agreement will be given by electronic mail and will be deemed delivered and given for all purposes on the sent date.

This Agreement represents the entire Agreement between you and us with respect to the subject matter hereof and supersedes any other oral or written agreements regarding such subject matter and may be amended or modified only by a written instrument signed by a duly authorized representative of each party.


Subject to the terms and conditions of this Agreement, the Affiliate will operate as a non-exclusive Affiliate of Sirvoy


The Affiliate agrees not to contact, solicit or accept any clients/customer of Sirvoy:-

  1. as its business partner for bookings or reservation (directly or indirectly) on or through the Affiliate’s website;
  2. for sale of advertisement space or other (online) advertisement or marketing purposes (whether through banners, click-through, (text) links, pop-ups or otherwise) on the Affiliate’s website, or
  3. for any other reason.

Burden of proof, compliance, injunctive relief and further remedies

The parties agree and acknowledge that in the event of an (alleged or threatening) infringement or breach by the Affiliate of its obligations under this Agreement, the burden of proof is carried by the Affiliate. In other words, Sirvoy carries the benefit of assumption and the Affiliate needs to provide and deliver sufficient and satisfactory evidence (i.e. conclusive and irrefutable) in order to defend or reject a claim.

The Affiliate agrees and acknowledges that pending any compliance or implementation of the reasonable requests made by Sirvoy or in the event that the Affiliate will not promptly comply with or adhere to all such requests of Sirvoy under or pursuant to this Agreement, Sirvoy will be entitled to postpone its obligations under this Agreement or immediately terminate this Agreement.

In the event of a breach of the covenants, undertakings, restrictions, obligations and/or warranties set out under this Agreement by or attributable to the Affiliate or the Affiliate’s group, Sirvoy will be entitled to exercise the following actions and rights, notwithstanding the remedies and actions for specific performance, damage compensation or injunctive or equitable relief available by law or contract:

(a) suspend its payment obligations in connection with commission due to you under this Agreement or effect termination of this Agreement with immediate effect; and

(b) in the event of the use of a similar domain name (or ownership or registration by the Affiliate of a website with a confusingly similar domain name as owned or used by Sirvoy) and a repeated and/or material breach of this Agreement, the Affiliate will transfer, assign and register the similar domain name (including the website with a confusingly similar domain name) to and in the name of Sirvoy through a domain name registrar company of its choice to be completed within twenty (20) days after the occurrence of a breach. In the event the Affiliate will not co-operate with and effect the set over, assignment and transfer of the relevant domain name, the Affiliate hereby irrevocably and unconditionally authorizes, empowers and gives a power of attorney to and in favor of a representative of Sirvoy to sign and/or execute all documents that are necessary or useful in relation to or required for the assignment, registration, set over and transfer of the domain names to and in the name of Sirvoy.

The percentage commission split used to calculate the commission due to the Affiliate will be subject to change, based on the number of transactions being the number of clients/customers referred by the Affiliate to Sirvoy. Such change will be made no more than once per month and will be applicable to transactions which occur following such change only; changes will not apply retroactively.

Affiliate Warranties

The Affiliate hereby represents and warrants to Sirvoy that for the term of this Agreement:-

  1. the Affiliate’s website will not:-

(a) violate spamming regulations, public policy and morals, or

(b) contain any inappropriate, improper or unlawful content, reference, material, information, links or banners (e.g. in respect of porn or racism), defamatory statements, elements which violate the privacy of third parties or are abusive, offensive or obscene;

(ii) the Affiliate is an independent contractor for all purposes and will be responsible and liable for its own taxes, social contributions and all other tax related matters;

(iii) this Agreement constitutes legal valid and binding obligations of the Affiliate in accordance with its terms.

(viii) the Affiliate will all use its commercially reasonable efforts to protect and safeguard its website.


The Affiliate acknowledges the difficulties inherent in the use of the internet, in particular, varying speeds and congestion in the network can cause interruptions and difficulties in accessing a website. Sirvoy excludes any and all liability which is related to any (temporary (scheduled or unscheduled) and/or partial or wholly) breakdown or downtime (for maintenance, updates or otherwise) of the website and/or the Sirvoy system.

Third- Party Claims

In the event of third- party claims, one party will promptly notify the other party and both parties will act in good faith and use their commercially reasonable efforts to consult, cooperate and assist each other in the defence and/or settlement of such claims. One or other of the parties may by agreement take over a claim and assume the defence and settlement thereof in consultation and agreement with the other party and with due observance of both parties’ interests. Neither party will make any admission, file any papers, consent to the entry of any judgment or enter into any compromise or settlement without the prior written consent of the other party which will not unreasonably be withheld, delayed or subject to unreasonable conditions.

Term, termination and suspension

Sirvoy may terminate this Agreement or suspend this Agreement in respect of the Affiliate with immediate effect and without a notice of default being required in the case of:

(a) a material breach by the Affiliate of any term of this Agreement;

(b) notice of liquidation or administration/examinership or the filing of a request for bankruptcy or suspension of payment or similar action in respect of the Affiliate; or

(c) a (direct or indirect) change of control in respect of the Affiliate.

Upon termination and save as set out otherwise, this Agreement will absolutely and entirely terminate and cease to have effect without prejudice to Sirvoy’s rights and remedies against the Affiliate in respect of indemnification or in respect of a breach of this Agreement.

Confidential Information

The parties hereto understand and agree that in the performance of this Agreement, each party may have access to or may be exposed to, directly or indirectly, confidential information of the other party (the “Confidential Information”). Confidential Information includes client/customer data, transaction volume, marketing and business plans, business, financial, technical and operational information, usage statistics, ranking data, information in respect of rate, product and availability parity, pricing policies, conversion data and volume of click-throughs, and other related statistics, personal data of guests, any software or information regarding software provided or used by Sirvoy in connection with this Agreement, the terms of this Agreement and such other non-public information that either a disclosing party designates as being private or confidential or of which a receiving party should reasonably know that it should be treated as private and confidential.

Protect and safeguard Confidential Information

The parties hereto each agree that:-

(a) all Confidential Information will remain the exclusive property of the disclosing party and receiving party will not use any Confidential Information for any purpose except in furtherance of this Agreement;

(b) they will maintain, and will use prudent methods to cause its employees, officers, representatives, contracting parties and agents (the “Permitted Persons”) to maintain, the confidentiality and secrecy of the Confidential Information;

(c) they will disclose Confidential Information only to those Permitted Persons and who need to know such information in furtherance of this Agreement;

(d) they will not, and will use prudent methods to ensure that Permitted Persons do not;-

(i) copy, publish, transmit, reproduce, divulge, disclose or make the Confidential Information available to any third party, or

(ii) use or store it in an unprotected retrieval system or data base (other than pursuant to the terms hereof); and

(e) they will return or destroy all ((hard and soft) copies of) Confidential Information upon written request of the other party.

Permitted disclosure

Notwithstanding the foregoing, Confidential Information will not include any information to the extent it:-

  1. is or becomes part of the public domain through no act or omission on the part of the receiving party;
  1. was possessed by the receiving party prior to the date of this Agreement;
  1. is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto;
  1. is required to be disclosed pursuant to law, Court Order, subpoena or governmental authority.

Client/Customer Data

The parties will use commercially reasonable efforts to safeguard the confidentiality and privacy of client/customer data and to protect it from unauthorized use or release. The parties agree to comply with the GDPR established under European law and the Data Protection Act 2018 in the Republic of Ireland affecting and relating to the processing of personal data and the protection of privacy.

Covenant and undertaking

Each party will, at its own costs and expenses, use all reasonable efforts to take, or cause to be taken, all appropriate action, do or cause to be done all things necessary, proper or advisable under applicable law or upon the reasonable request of Sirvoy and execute and deliver such instruments of assignment, transfer, deeds, documents and other papers, as may be reasonably required to carry out the provisions of this Agreement or perform under or in accordance with the Agreement.

Whole Agreement

This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior agreements, arrangements, ((non) binding) offers, undertakings or statements regarding such subject matter.

Assignment and third- party beneficiary

The Affiliate will not be entitled to assign, transfer, encumber any of its rights and/or the obligations under this Agreement without the prior written consent of Sirvoy who may assign, transfer, encumber any of its rights and/or the obligations under this Agreement (in whole or in part or from time to time) without the prior written consent of the Affiliate.

This Agreement is concluded for the benefit of the parties and their respective successors and permitted assigns and nothing herein is intended to or will implicitly confer upon any other person any legal or equitable right, benefit or remedy of any nature whatsoever, under or by reason of this Agreement, except to the extent explicitly stated otherwise in this Agreement.

Partial invalidity

If any provision of this Agreement is or becomes invalid or non-binding, the parties will remain bound by all other provisions hereof. In that event, the parties will replace the invalid or non-binding provision by provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.


The original English version of this Agreement may have been translated into other languages. The translated version of this Agreement is a courtesy and office translation only and the Affiliate cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions of this Agreement or in the event of a conflict, ambiguity, inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version will apply and prevail and be conclusive and binding. The English version will be used in legal proceedings.

Execution, performance and effect

The Agreement will enter into force and effect upon the written confirmation of acceptance and approval of the Affiliate to Sirvoy and the Affiliate hereby agrees, acknowledges and accepts the terms and conditions of this Agreement.

Credit Card Information and Sirvoy Vault

The Affiliate accepts that Sirvoy’s clients/ customer will receive secure online payment (all to the extent offered and supported by the bank of the client/customer). Sirvoy facilitates (through third party payment processors) payment for the reservation. Sirvoy never acts or operates as the merchant of record. Payment is safely processed from the credit/debit card or bank account to the bank account of the customer through a third- party payment processor.

The Affiliate recognises that Sirvoy is not liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the client/customer or for any amount for any valid or authorized charge (including for pre-paid rates, no-show and chargeable cancellation) on a credit card.

In the event of credit card fraud or unauthorised use of a credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible.

The Affiliate is aware that the “Sirvoy Vault” feature lets the client/customer store credit card details safely in bookings, with two-factor authentication and a tokenization and de-tokenization tool. The customer activates the function under “Settings Payments & Invoicing Sirvoy Vault”. The customer will find it in the bookings under “Card details” in the bottom left corner.

Collect credit card (“CC”) information from different sources

  1. Store CC details received by phone or by front desk manually, in the created booking under “Card details”.
  2. Store CC details from your connected Sales Channels automatically.
  3. Store CC details received via the online booking engine automatically. This is enabled by choosing “Sirvoy Vault” in the drop-down list of your “Card payments” settings.

Governing law

This Agreement will be exclusively governed by and construed in accordance with the laws of the Republic of Ireland.


Any disputes arising out or in connection with this Agreement will exclusively be submitted to and dealt with by the Courts in the Republic of Ireland.