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Affiliate Agreement

This agreement establishes the terms of the relationship between Fortune Events Pty. Ltd. ("the Company") an Australian company located at PO Box 1418, Paradise Point, QLD, Australia and the Affiliate Partner ("the Partner") and allows the Partner to refer Internet users to the Company's website (the Site) through its own website(s). The Company and the Partner agree that:

1.0 Background

1.1 The Company operates an event promotions web site.

1.2 The Partner has agreed to promote the Site via online and/or off-line means to the Company’s customers on the terms set out in this agreement.

2.0 Distribution

2.1 The Partner agrees to accept the information as listed on the Site and agrees to make no changes to the content and information listed on the Site, unless agreed to by both parties.

2.2 The Company will provide the Partner with all the graphical and technical support required to execute the above. The Partner has a choice to make visual modifications to the content as permitted by the Company.

2.3 The Company will offer technical and marketing assistance to the Partner as required. The Company will endeavor to solve any problem pertaining to any technical issue relating to this Agreement.

3.0 Rights and Obligations

3.1 Under the terms of this agreement, the Partner will market the Site in return for commissions earned.

3.2 The Partner understands and agrees that this agreement with the Company is non-exclusive. The Company may appoint one or more additional Partners having marketing responsibility in the same geographic area. Also, the Partner may choose to engage in additional forms of advertising on their own website(s) at their own discretion.

3.3 The Partner agrees not to undertake any advertising and/or marketing activities, which can be misrepresented or misconstrued as having originated from the Company. This includes, (but is not limited to): using the Company brand name, or any of its logos, or any of its Domain Names in Google Maps Listings or search engine advertising (such as Google Adwords) without prior written consent from the Company. The Partner is prohibited from bidding on keywords in search engines that directly relate in any way to the Company name. Should any activity listed above be undertaken by any Partner, the Company reserves the right to suspend commission payment to the Partner immediately, and may terminate the Partner's affiliate account.

3.4 The Partner agrees not to undertake any activity that may result in automatic generation of leads and traffic via the commission-earning links (tracking URLs) that are provided by the Company. The Partner agrees not to create systems that force the browser into automatic redirection to any tracking URLs. The Partner will ensure that pages that utilize the live availability and rates methods must not default search dates and must not be crawled by search engines or other robots.

3.5 The Partner agrees that that the Company may run a traffic audit with compared suppliers to determine the Partner’s actual booking conversion rate. The Company reserves the right to adjust future commissions, based on traffic audit results, as necessary to bring the Partner’s actual earnings more in line with the agreed commission rate. The Company also reserves the right to immediately terminate the affiliate account without payment if a statistically relevant sample of the Partner’s referred traffic fails to result in any hotel bookings for compared suppliers.

4.0 Service

4.1 The Company will be solely responsible for the development, operation and maintenance of the Company's operation and for all materials that appear on the Company's place of business or web site. For example, the Company will be solely responsible for:

• The technical operation of the Company's systems, site and all related equipment

• The accuracy and appropriateness of communication with customers

• Ensuring that materials posted on the Company's site are not libelous or otherwise illegal.

4.2 The Partner disclaims all liability for these matters. Further, the Company will indemnify and hold the partner harmless from all claims, damages, and expenses (including, without limitation, attorney's fees) relating to the development, operation, maintenance, and contents of the Company's operation and web site.

4.3 Consequently, the Partner will indemnify and hold the Company harmless from all claims, damages, and expenses (including, without limitation, attorney's fees) relating to the development, operation, maintenance, and contents of the Partner's operation and web site.

4.4 The Company agrees as a service level agreement (SLA) that the Site will remain available to Internet users 100% of the time. If the operation of the Site is interrupted for any extended period of time, as measured by the Company’s own monitoring tools, the Company will credit the Partner’s account for 100% of any missed commission earnings, estimated based on previous and expected results. The Partner must make a claim, which includes evidence of the effect of the interruption on the Partner’s earnings, via email, fax or post no more than thirty (30) days after the date the interruption initially occurred, to be eligible for payment under this SLA. Claims are limited to earnings generated through the Company’s Affiliate Program, and do not include earnings from third-party sources such as other advertising or affiliate revenue. This SLA applies to interruptions caused by the Site’s programming, hosting platform or content delivery network, and excludes interruptions caused by factors outside of the Company’s scope of control, such as end-user browser or ISP issues.

4.5 We make no express or implied representations or warranties regarding the Site or its performance, availability or functionality other than the above SLA. Any additional implied warranties of merchantability, fitness for a particular purpose, and non-infringement from the Company are expressly disclaimed and excluded.

5.0 Remuneration

5.1 The Company will pay the Partner a commission on all revenue generated by the visitors referred by the Partner. This commission will be calculated and accrued by the Partner per referral to a compared supplier.

5.2 All commission payments will be issued once a month, approximately 25-30 days after the end of the month, as long as minimum thresholds are met before the end of the month. The Company will provide payment via the means specified by the Partner in the online affiliate management area. The minimum threshold for PayPal payments is AUD $100 and the minimum threshold for direct deposit or bank check payments is AUD $500. The Partner may select a minimum threshold that is greater than the default for their chosen payment type in the online affiliate management area.

5.3 The Company will keep an audit of all transactions subject to this Agreement. The Company will provide the Partner with the earnings summary and report on the number of visitors and leads referred by the Partner.

5.4 The Company agrees to ensure repeat sale tracking and payment for the duration of up to 7 days from the date of initial visit to the Site. The Company will pay the Partner commission for this returning traffic as per clause 5.1. This returning traffic is to be tracked by means of an electronic cookie placed on the end-consumer’s Internet browser. No express or implied warranty is given for the persistence or effectiveness of this electronic cookie.

6.0 Confidentiality

6.1 Any use by the Partner of any other user's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of this Agreement. The Site is to be used for the Partner's customers' personal use only. The Partner agrees that it will not use Company information obtained from the Site for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list. Notwithstanding the foregoing, the Partner may market products and services to its customers, who have purchased event tickets through the Site, via e-mail, provided however, the customer has the ability to unsubscribe to such solicitations and cease to be a recipient of such e-mails. If the Partner is in violation of this, the Company reserves the right to immediately terminate this Agreement without notice.

6.2 Neither party shall create, publish, distribute, or permit any written materials, which makes reference to the other party without first submitting to the other party such material and receiving prior written consent from the non-submitting party. This shall not be unreasonably withheld or delayed. Neither party will make announcements or statements to the public nor any third party concerning the relationship between the parties or the transaction described in this agreement without the prior written consent of the other party. This shall not be unreasonably withheld or delayed.

7.0 Duration and Termination

7.1 This agreement comes into force from the day the Partner signs up to the affiliate program. Both parties retain the right to end this agreement at any time, with due warning given to the other party. Termination may occur (but not be limited to) if:

• Either party breaches this agreement and fails to remedy such a breach within 7 days of receipt of notice from the other party specifying the breach and requiring it to be remedied.

• Either party breaches this agreement and the breach cannot be remedied.

• Either party grossly breaches this agreement, causing negative impact on the profitability or consumer goodwill of the other party.

• Any step is taken to appoint a receiver, a controller, a liquidator, a provisional liquidator, an administrator or other similar person of the whole or any part of the other's assets, undertakings or business.

7.2 Upon termination, any monies owing to the affiliate, which are below the minimum payment threshold, will be forfeited by the Partner.

7.3 The Partner agrees to comply with the terms set forth in this agreement, and as they may be amended by the Company from time to time at the Company's sole discretion, by viewing the latest version posted online

8.0 Liability

8.1 Each party owns and retains all rights, title and interest in its names, logos, trademarks, service marks, copyrights, patents, proprietary features, and proprietary technology. Neither party shall copy, distribute, reproduce, or use the above proprietary items except as expressly permitted under this agreement.

8.2 This agreement sets forth the entire understanding between the parties and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter of this agreement. This agreement may be modified only in a written agreement signed by both parties. Both parties will be responsible for their own costs and legal fees associated with this agreement.

8.3 The Partner and the Company agree that the Partner is an independent contractor for all purposes, and the Partner will be responsible for his own withholding taxes, workmen's compensation and all other matters related to work.

8.4 This agreement shall be governed, construed, and enforced in accordance with the laws of the state of Queensland, Australia.

8.5 This agreement shall not be assignable, except by operation of law, by either party without the prior written consent of the other party, and any purported assignment by either party without the prior written consent of the other party shall be void.