Demand Plus Addendum
This Demand Plus Addendum forms part of the Agreement entered into between the Customer and SiteMinder. By clicking “I Agree”, or using Demand Plus, the Customer acknowledges that it has read and agrees to this Addendum.
1. DEFINITIONS AND INTERPRETATION
1.1 Agreement means the User Agreement or Web Terms, as applicable to the Customer.Completed Stay means a booking at the Customer’s property where the guest has completed his or her stay (excluding cancellations and no-shows).
Customer means the person or entity using the Products or Services.
Demand Plus Ad means an advertisement with a Demand Plus Partner.
Demand Plus Fee means:
- an amount equal to the booking total, excluding percentage-based taxes and credit card surcharges, multiplied by the percentage commission rate; or
- another amount,
Demand Plus Services means the advertising services provided by Demand Plus Partners.
Licensed Content means all content included in The Booking Button (including Demand BE) or made available by the Customer to SiteMinder for distribution to Demand Plus Partners.
Partner Terms means any terms imposed by Demand Plus Partners.
SiteMinder means SiteMinder Limited of Bond Store 3, 30 Windmill Street, Millers Point NSW 200, Australia and its Related Bodies Corporate.
Technical Specifications means the requirements and methods required by SiteMinder and the Demand Plus Partners for the delivery of Licensed Content.
The Booking Button means SiteMinder’s booking engine.
Web Terms means SiteMinder’s standard terms and conditions, available at www.siteminder.com/legal.
1.2 All capitalised terms used but not defined in this Addendum have the meaning given to them in the Agreement.
1.3 Where this Addendum conflicts with any provision of the Agreement, the terms of this Addendum will prevail.
2. DEMAND PLUS
- SiteMinder has created a network of metasearch engines, traffic drivers, channels, travel websites and other platforms (Demand Plus Partners) that can help drive bookings at the Customer’s properties (Demand Plus).
- By participating in Demand Plus, the Customer:
- acknowledges that SiteMinder:
- will procure Demand Plus Services for the Customer;
- may make any and all decisions on behalf of the Customer in relation to the distribution of Licensed Content to Demand Plus Partners (e.g. where and how);
- may populate The Booking Button (including Demand BE) with content on the Customer’s behalf, notwithstanding the fact that the Customer may amend or remove such content; and
- grants SiteMinder a non-exclusive, royalty-free, worldwide and sub-licensable right to store, copy, distribute, display, publish and otherwise use the Licensed Content for the purposes of Demand Plus.
- acknowledges that SiteMinder:
- SiteMinder reserves the right to add or remove Demand Plus Partners from Demand Plus.
3. DEMAND PLUS SERVICES
3.1 The Customer acknowledges that:- Demand Plus Ads have a 30-day attribution window based on the last click;
- booking cancellations and no-shows may result in lower rankings; and
- SiteMinder has no control over the way in which Demand Plus Ads are displayed, their prominence in any search list or result, or the application of any algorithm or other automated method of determining their placement.
3.3 The Customer may be provided with a light version of The Booking Button called “Demand BE” in order to participate in Demand Plus. The Customer acknowledges that:
- SiteMinder makes no representation or warranty as to the quality, merchantability or availability of Demand BE;
- SiteMinder may populate Demand BE with content on the Customer’s behalf for use in Demand Plus, notwithstanding the fact that the Customer will have the ability to ask SiteMinder to amend or remove such content;
- Demand BE must not be integrated with the Customer’s website or used for any other purpose (including any distribution that is not part of Demand Plus); and
- the Customer must not attempt to access any restricted features.
4. FEES AND BILLING
4.1 The Customer must pay the Demand Plus Fee on the total amount charged for each Completed Stay.4.2
- SiteMinder will invoice the Customer for the Demand Plus Fee each calendar month in respect of the previous calendar month (Billing Period). The Customer must pay the Demand Plus Fee by the due date for payment specified in the invoice.
- Fees will be billed in the same currency as the Customer is routinely billed by SiteMinder (Invoice Currency). Where bookings have been paid in a currency other than the Invoice Currency, SiteMinder will use Oanda’s foreign exchange rates (or other publicly available rates) to convert the amounts payable so that the Demand Plus Fee is billed in the Invoice Currency.
- The Customer may, within the first 7 days of each calendar month, notify SiteMinder of any cancellations and no-shows during the Billing Period by completing a reservations reconciliation via the SiteMinder extranet (Cancelled Bookings). Cancelled Bookings will not be included in the invoice for the relevant Billing Period.
- SiteMinder may query any Cancelled Booking and the Customer must provide all relevant information to support the Customer’s claim.
- If the Agreement or this Addendum is terminated, SiteMinder will invoice the Customer for the final Demand Plus Fee (Final Invoice) and the Customer must pay the Final Invoice by the due date for payment specified in the Final Invoice.
- The Customer will not be entitled to a refund of any portion of the final Demand Plus Fee in respect of bookings which have been cancelled or have otherwise not completed following termination of the Agreement.