Optimisation Incentive Program
Terms and Conditions

1. Definitions and Interpretation

1.1 Definitions

Customer Means the person or entity purchasing or making use of a SiteMinder product or service.

Fees Means the ordinary fees (pre-credit) payable to SiteMinder by the Customer for utilising SiteMinder’s products and services.

Incentive Credit Means the credit amount to be applied to the Fees for participating in SiteMinder’s Optimisation Incentive Program.

Incentive Period Means the period by which the Incentive Credit will be applied to Customers’ Fees.

Optimisation Call Means a telephone or video call with a SiteMinder team member for the purpose of discussing Customer inventory optimisation.

OTA/s Means channel partners/online travel agencies which are available via SiteMinder’s channel manager.

SiteMinder means:

1. For any Customer principally located in Europe, Middle East or Africa – SiteMinder Distribution Limited;
2. For any Customer principally located in the USA, Canada, Central and South America – SiteMinder Hospitality Corporation;
3. For any other Customer – SiteMinder Limited.

SiteMinder Terms and Conditions
Means either (as applicable):

1. The terms and conditions located at this webpage (as amended from time to time); or
2. The terms and conditions set out in the user agreement executed by the Customer.

Start Date Means the date the Customer agrees to these terms and conditions.

2. SiteMinder Terms and Conditions

2.1 The parties agree that the terms of the SiteMinder Terms and Conditions shall apply to, and form part of, these terms, except to the extent of any inconsistency, in which case the provisions of these terms shall prevail to the extent of the inconsistency.

3. Optimisation Program Offer

1. SiteMinder is offering Customers an Incentive Credit for participating in its Optimisation Incentive Program (“Optimisation Program”).
2. The Optimisation Program aims to provide Customers general information on inventory optimisation with OTAs.
3. The “Incentive Credit” is a credit (determined by SiteMinder in its discretion) applicable to Customers who satisfy Optimisation Program Conditions.
4. The Incentive Credit is applied automatically to Customers’ invoices.
5. If the Customer has questions regarding the amount or duration of the Incentive Credit, it must contact SiteMinder prior to agreeing to these terms.
6. Incentive Credits are non-transferable.

4. Optimisation Program Conditions

4.1 To be eligible for the Incentive Credit, Customers must:

1. Agree to SiteMinder’s Terms and Conditions; and
2. During the Incentive Period:
   1. Agree to participate in an Optimisation Call with SiteMinder; and
   2. Establish a connection to at least one OTA.

4.2 In the event a Customer terminates these terms or the SiteMinder Terms and Conditions prior to the end of the Incentive Period, any Incentive Credit yet to be applied to the Customer (if at all) will be forfeited.

5. Limitation of Liability

5.1 To the maximum extent permitted by law, SiteMinder will not be liable for any loss or damage (including direct, indirect or consequential loss), however arising out of or in connection with the Optimisation Program.

6. Privacy

6.1 Any personal information collected by SiteMinder in connection with the Optimisation Program will be processed in accordance with its Privacy Policy available at: www.siteminder.com/legal/privacy/.

7. Warranties

7.1 To the maximum extent permitted by law, SiteMinder excludes all warranties, guarantees, representations and conditions, whether express or implied, in relation to the Optimisation Program.

8. General

1. SiteMinder reserves the right to determine what Incentive Credit is payable to each Customer.
2. SiteMinder may, at any time, cancel, terminate, modify, or suspend the Optimisation Program.
3. The jurisdiction of these terms, irrespective of the jurisdiction of the SiteMinder Terms and Conditions, is New South Wales, Australia and the Courts therein.