TERMS AND CONDITIONS FOR THE NAUTICAL NETWORK AFFILIATE PROGRAMME

Welcome to Nautical Network Affiliate Programme.

Hwajing Travel & Tours Sdn Bhd (“Hwajing” , “we” , “our” , or “us”) operates the Nautical Network’s Affiliate Programme (the “Programme”). By participating in this Programme, you (the “Affiliate”) agree to the following terms and conditions.

1.      Definitions

a)      “Affiliates” or “Affiliate”: person/s registered for the Programme.

b)      “Affiliate Media”: All media owned by the Affiliate, including websites, apps, social media pages, and newsletters, registered with Hwajing for promoting its services.

c)      “Affiliate Links”: Unique referral links and accompanying materials (e.g., graphics, URLs) provided by Hwajing to facilitate customer referrals.

d)      “Completed Booking”: A verified sale of Hwajing’s travel products, completed by a customer through an Affiliate Link and meeting Hwajing’s booking and quality standards, including:

•                     The booking is genuine and not generated by bots or fraudulent methods.

•                     Customer information is accurately filled and compliant with Hwajing’s booking policies.

•                     The booking is not later deemed fraudulent or unqualified by Hwajing.

e)      “Commission Fees”: Payments earned by Affiliates and MCNs per the Programme’s commission structure for each Completed Booking.

f)       “Net Cabin Fare”: The booking’s total value, excluding taxes, discounts, and additional fees (such as convenience fees).

g)      “Participating Seller”: A travel partner or vendor offering services through Hwajing’s Affiliate Programme.

h)      “Platform”: The Hwajing website and app where users can book travel products and services.

i)        “Prohibited Content”: Any content deemed by Hwajing to be offensive, illegal, or damaging to Hwajing’s brand, including but not limited to:

•                     Content related to illegal activities, violence, hate speech, or explicit material.

•                     Content that promotes malware or disrupts system security.

2.      Programme Overview

The Programme allows Affiliates to promote and refer customers to Hwajing’s cruise products and services. In return, Affiliates may earn commissions on referred sales or leads that meet specific criteria set by Hwajing. Multi-channel networks (“MCNs”) may also participate in earning commissions by collaborating with Affiliates and Participating Sellers.

3.      Eligibility

To participate in the Programme, you must meet the following criteria:

a)      Be at least 21 years of age.

b)      Maintain an active social media account with genuine user engagement.

c)      Ensure that all content you produce aligns with our brand values and guidelines.

d)      Abstain from any fraudulent or misleading activities.

Hwajing reserves the right to accept or reject any application for participation in the Programme at our sole discretion.

4.      Enrollment

To participate in the Programmeme, you must complete and submit the Affiliate Application form on Hwajing’s website. We reserve the right to approve or reject any application at its sole discretion. Upon approval, you will receive a unique affiliate ID and access to marketing materials and tools to promote our services.

5.      Affiliate Responsibilities

As an Affiliate, you agree to:

a)       Promote Hwajing’s travel services in a manner consistent with good business practices, complying with applicable laws, and adhering to any guidelines or marketing materials provided by Hwajing.

b)       Use the provided links, banners, and promotional content correctly and in accordance with the guidelines set by Hwajing.

c)       Not engage in any deceptive, misleading, or unlawful activities to promote the Programmeme.

d)       Disclose your relationship as an affiliate when promoting our services in accordance with applicable advertising and disclosure laws.

e)       Keep your account information up to date and notify Hwajing of any changes in your contact details.

6.      Commission and Payment Terms

• Commission Structure: Affiliates earn commissions on qualifying sales or leads generated through the affiliate’s unique referral links. The commission rate is based on the following structure:

a)         Tier 1 Commission: Three percents (3%) on net cabin fare.

b)         Tier 2 Commission: Six percents (6%) on net cabin fare.

Commissions will be calculated based on the net cabin fare, which excludes taxes, Passenger Handling Charges (PHC), discounts, refunds, and a 1.5% convenience fee deduction.

The commission rate shall be varied from time to time and Hwajing shall give at least three (3) months notices to all the affiliates from the date of issuance of the revised commission rate.

• Payment Terms and Schedule: Commissions are paid monthly, subject to a one-month delay (e.g., commissions for sales made in August will be disbursed by October 15th). Payments will be made via bank remittance or through the iPay88 payment gateway to the affiliate’s designated bank account in our system. A minimum threshold of RM50.00 is required for commission disbursement. Any commission amount below RM50.00 will be held and carried forward to the next payment cycle until the minimum threshold is met.

• Refunds and Chargebacks: In the event that a customer requests a refund, chargeback, or cancels a booking, the corresponding commission will be deducted from the Affiliate’s account balance.

7.      Tracking and Reporting

Hwajing will track all affiliate referrals through the unique affiliate link assigned to you. You can access real-time reports of your clicks, conversions, and commissions through the affiliate portal. It is your responsibility to monitor the accuracy of your results and notify Hwajing of any discrepancies within 7 working days from you noticing such discrepancy.

8.      Affiliate Link Usage and Marketing Materials

Affiliates must comply with the following content standards:

a)       Affiliates will be provided with marketing materials such as links, banners, and other resources to promote our services.

b)       Affiliates may only use the marketing materials (banners, logos, creatives) provided or authorized by Hwajing.

c)       Affiliates are prohibited from altering or modifying the affiliate links or promotional materials.

d)       Affiliates must comply with all copyright, trademark, and intellectual property laws when using Hwajing branding and content.

e)       Affiliates must comply with all applicable laws, regulations, and guidelines, including but not limited to the Federal Trade Commission (FTC) rules on endorsements and disclosures. This requires clear disclosure of your affiliate relationship in all relevant posts (e.g., “#ad,” “#sponsored,” or “Affiliate Link”).

f)        Affiliates must ensure that the content posted on social media is free from offensive, harmful, or defamatory material that could damage our brand’s reputation.

g)       The purchase of fake followers, likes, or engagement is strictly prohibited. All engagement must be organic and genuine.

9.      Termination and Suspension

Hwajing reserves the right to suspend or terminate an Affiliate’s participation in the Programme at any time, by providing a 30-day written notice. In cases of violations, immediate termination may apply for any of the following reasons:

a)       Violation of these Terms and Conditions.

b)       Engaging in fraudulent, unethical, or illegal activities.

c)       Spamming or sending unsolicited messages to promote our products or services.

d)       Deceptive Practices, including cookie stuffing or affiliate link hijacking.

e)       Inappropriate Advertising, such as the use of misleading keywords or false testimonials.

f)        Negative impact on the reputation or brand of Hwajing Travel.

g)       Inappropriate advertisements (false claims, misleading hyperlinks, etc.).

h)       Spamming (mass email, mass newsgroup posting, etc.).

i)         Advertising on sites containing or promoting illegal activities.

j)         Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.

k)       Violation of intellectual property rights. Hwajing Tours & Travel reserves the right to require license agreements from those who employ trademarks of Hwajing Tours & Travel in order to protect our intellectual property rights.

l)         Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with Hwajing Tours & Travel , however, is acceptable.

m)     Self referrals, fraudulent transactions, suspected Affiliate fraud.

In the event of termination for cause, Hwajing will notify the Affiliate in writing and allow a period for compliance, except the cases stated in (a) to (f), where immediate termination is warranted. Affiliates agree to comply with any corrective actions as advised by Hwajing within the specified period.

10.  Remedies and Damage Claims

In the event of a violation of these Terms, particularly Clause 5 (Prohibited Activities), Hwajing reserves the right to take legal action to recover damages. Such remedies may include, but are not limited to:

a)      Recovery of Commissions: Hwajing may seek reimbursement of any commissions paid during the period of violation.

b)      Legal Fees and Fines: You will be responsible for reimbursing any legal fees, fines, or penalties incurred by Hwajing as a result of your actions.

c)      Reputational Damages: Hwajing may seek compensation for reputational harm caused by your prohibited activities.

Affiliates terminated for cause agree to indemnify and hold Hwajing harmless from any third-party claims, damages, or losses arising from their prohibited activities.

11.  Cookie Usage

Hwajing uses cookies to track affiliate referrals and sales generated through affiliate links. By participating in the Affiliate Programme, you acknowledge and consent to the use of cookies for tracking purposes, which includes:

a)      Tracking Referrals: Cookies allow Hwajing to identify traffic generated through affiliate links. This information is used solely for the purpose of administering commissions and evaluating affiliate performance.

b)      Cookie Duration: Hwajing’s affiliate tracking cookies have a duration of 30 days. This means that if a user makes a purchase within 30 days of clicking your affiliate link, you will be credited with the referral. For agents participating in the permanent referral module under a separate agreement, tracking will continue until either party terminates the agreement.

c)      Data Privacy: All data collected through cookies will be handled in accordance with Hwajing’s Privacy Policy and applicable data protection laws.

Affiliates are prohibited from engaging in “cookie stuffing” or any practices that manipulate cookie tracking systems to falsely generate commissions

12.  Intellectual Property Rights

Affiliates are granted a limited, non-exclusive, non-transferable license to use our trademarks, logos, and marketing materials solely for the purpose of promoting Hwajing products and services. Upon termination from the Programme, affiliates must immediately cease using all such intellectual property.

13.  Limitation of Liability

To the maximum extent permitted by law, Hwajing will not be liable to the Affiliate for any indirect, special, or consequential damages arising out of or in connection with the Programme, including but not limited to, lost profits or revenue, or business interruption. Direct liabilities for which Hwajing may be held accountable are limited to the extent of commissions earned by the Affiliate during the six months preceding any claim, subject to local laws.

14.  Independent Contractors

You and Nautical Network are independent contractors. Nothing in this agreement creates a partnership, joint venture, agency, or employment relationship between the parties. You have no authority to bind Nautical Network in any manner.

15.  Confidentiality and Data Privacy

By participating in the Affiliate Programme, you consent to the collection and use of your personal information as outlined in our Privacy Policy. This information will be used to administer the Programme and communicate with you about your affiliate status.

All data collected and processed will comply with Malaysia’s Personal Data Protection Act (PDPA) and other relevant data privacy laws. Affiliates are required to handle all personal data responsibly and securely.

You agree to keep confidential any proprietary or confidential information shared with you by Hwajing in connection with the Programme. This includes but is not limited to, sales data, customer information, marketing strategies, and commission structures.

16.  Modifications to the Programme or Terms

Hwajing reserves the right to modify or terminate the Programme or these Terms and Conditions at any time. Any changes will be posted on the affiliate portal or communicated to you directly. By continuing to participate in the Programme after such changes, you accept the modified and updated terms.

17.  Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflicts of law principles.

By participating in our Affiliate Programme, you acknowledge that you have read, understood, and agree to these Terms and Conditions.

18.  Compliance with Local and International Laws

Affiliates must comply with all applicable local, regional, and international laws, including but not limited to advertising regulations, privacy laws, and data protection standards in the regions where they operate. Affiliates are solely responsible for understanding and adhering to these laws in all markets where they promote Hwajing products and services. Hwajing shall not in any manner whatsoever be held responsible or liable for Affiliates’ breach of any local, regional, and international laws, including but not limited to advertising regulations, privacy laws, and data protection standards in the regions where they operate.

19.  Entire Agreement

These Terms represent the entire agreement between the Affiliate and Hwajing regarding participation in the Affiliate Programme, superseding all prior agreements or understandings.

20.  Audit Rights

Hwajing reserves the right to audit affiliate activities and performance periodically to ensure compliance with these Terms. Affiliates are expected to maintain accurate records related to their activities under this Programme and to provide access to relevant records upon Hwajing’s request.

21.  Disclaimer of Warranty

The Affiliate Programme is provided on an ‘as is’ and ‘as available’ basis. Hwajing makes no representations or warranties of any kind, express or implied, regarding the Programme’s operation, information, content, materials, or products. Affiliates expressly agree that their participation in the Programme is at their sole risk.

22.  Indemnification

Affiliates agree to indemnify and hold Hwajing, its officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including but not limited to attorney’s fees, arising out of or in connection with any breach of these Terms or violation of any law or the rights of a third party, including but not limited to intellectual property rights.

23.  Non-Disparagement Clause

Affiliates shall not make any negative, disparaging, or derogatory statements about Hwajing or its products, services, policies, or employees in any public forum or medium, including but not limited to social media, online forums, or other media channels, at any time during or after their participation in the Affiliate Programme. Hwajing reserves the right to demand and/or commence legal actions in relation to such negative, disparaging, or derogatory statements about Hwajing or its products, services, policies, or employees in any public forum or medium.

24.  Force Majeure

Hwajing will not be liable for any delay or failure to fulfil any of its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, war, strikes, pandemics, natural disasters, or governmental restrictions.

25.  Approval or Rejection of the Application

We reserve the right to approve or reject ANY Affiliate Program Application at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.

26.   

Affiliate Links

You may use graphic and text links both on your website and within in your email messages. You may also advertise the Hwajing Tours & Travel site in online and offline classified ads, magazines, and newspapers.

You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in the Termination section.

27.   

Coupon and Deal Sites

Hwajing Tours & Travel occasionally offers coupon to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:

• Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
• Affiliates may not bid on Hwajing Tours & Travel Coupons, Hwajing Tours & Travel Discounts or other phrases implying coupons are available.
• Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
• User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
• Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.

28.   

Pay Per Click (PPC) Policy

PPC bidding is NOT allowed without prior written permission.

29.   

Electronic Signatures Effective

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Hwajing Tours & Travel affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Hwajing Tours & Travel application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.

30.  Contact Information

If you have any questions or concerns regarding the Nautical Network Affiliate Programme or these Terms and Conditions, please contact us at:

Hwajing Travel & Tours Sdn Bhd
Block N-26, 2nd Floor Warisan Cityview,

Jalan 3/93a, Batu 2 1/2, Off Jalan Cheras,

56100 Kuala Lumpur, Malaysia
Email: info@hwajing.com.my
Contact number: + 6012-2046566

By participating in the Nautical Network Affiliate Programme, you acknowledge that you have read, understood, and agreed to these Terms and Conditions and these Terms and Conditions shall be binding upon both parties and contain the entire Agreement.

Last Updated: 9 Dec 2024