1.1 Thank you for your interest in the Dine at Hyatt Jakarta Affiliate Program (‘Affiliate Program’ or ‘Program’).
1.2 These terms and conditions for the Affiliate Program, as updated from time, consist of the Affiliate Program Requirements (the ‘Program Requirements’) set out below; and,
(collectively, the ‘Terms’).
1.3 These Terms govern the relationship between GMS Group or such other Related Companies (‘GMS’) and you (also referred to as the ‘Partner’) in relation to your application for and participation in the Affiliate Program.
1.4 You accept these Terms by:
1.4.1 applying to participate in the Affiliate Program, via a website accessible at https://affiliate.jakgh.dinehyatt.com/home, or such other domain as specified by GMS from time to time;
1.4.2 enrolling in or otherwise starting your participation in the Affiliate Program; and/or
1.4.3 by continuing to participate in the Affiliate Program after you have been notified of a change in these Terms.
1.5 Where not expressly defined herein, the defined terms in these Terms shall have the meaning ascribed to them in the Schedule(s).

2.1 This Program is administered by GMS (‘Administrator’). Please read these Terms carefully as they contain important information about your participation in the Affiliate Program, including details about limitations of liability and dealing with disputes.
2.2 BY ACCEPTING THESE TERMS AND/OR ENROLLING IN OR OTHERWISE ACCESSING THE AFFILIATE PROGRAM, AS APPLICABLE, YOU:
2.2.1 ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ AND UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY THEM;
2.2.2 ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS;
2.2.3 HEREBY REPRESENT AND WARRANT THAT YOU ARE NOT AN INELIGIBLE PARTY (AS DEFINED BELOW), ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS; AND
2.2.4 THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THESE TERMS. IN THE CASE THAT YOU REPRESENT A COMPANY OR OTHER CORPORATE ENTITY, THE PERSON AGREEING TO THESE TERMS ON BEHALF OF THAT COMPANY OR CORPORATE ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THESE TERMS.
2.3 We may modify any of these Terms at any time upon providing you with at least thirty (30) days' notice:
2.3.1 via email and/or by posting a revised version of these Terms and/or a change notice from the Affiliate Program; or
2.3.2 by us or the Administrator sending notice of such modification to you by email to the email address.
2.4 Modifications will be effective on the date specified in the revised Terms, change notice, or email notification (as applicable), which must be at least 30 days after you received the revised Terms, change notice, or email notification (as applicable).
2.5 IF YOU DO NOT AGREE TO ANY MODIFICATIONS WHICH ARE NOTIFIED TO YOU IN THE MANNER SET-OUT ABOVE, THEN YOU MUST PROVIDE NOTICE TO US THAT YOU WISH TO TERMINATE YOUR PARTICIPATION IN THE AFFILIATE PROGRAM AND THEREAFTER IMMEDIATELY CEASE SUCH PARTICIPATION. YOU ACKNOWLEDGE AND AGREE THAT NOTWITHSTANDING ANY NOTICE FROM YOU TO THE CONTRARY, YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE EFFECTIVE DATE OF ANY MODIFICATION TO THE TERMS, WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

3.1 The Affiliate Program:
3.1.1 permits Partners to promote certain membership products which are available through the Dine at Hyatt Jakarta Sites (‘Membership Products’), by displaying to users of Partner Site(s) (‘Users’) such links, advertisements, and other content as may be provided to the Partner by Dine at Hyatt Jakarta from time to time (‘Membership Content’); and
3.1.2 enables Partners to earn Commission for certain Qualifying Transactions in relation to the Membership Products (as described in Section 18).
3.2 You may only participate in the Program and link to Dine at Hyatt Jakarta Sites via website(s) and software application(s) (including mobile websites, emails, apps, etc.) that:
3.2.1 you own and/or operate; and/or
3.2.2 for which we have granted our specific consent, pursuant to these Terms,
(in each case such site is hereinafter referred to as a ‘Partner Site’ or ‘Site’).

How to enroll in the Affiliate Program.
3.3 Where the Partner enrolment process is conducted via the Sign Up Form (‘Program Application’), you will be invited by us to join the Affiliate Program via our Welcome Email.
3.4 You will ensure that the information in your Program Application and otherwise associated with your Affiliate ID (as defined below), including but not limited to your email address and other contact information, is at all times complete and accurate. We may send any notifications, approvals, and/or other communications related to the Program to the email address then-currently associated with your Affiliate ID.
3.5 You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your Affiliate ID is no longer current.
Evaluation of Your Application.
3.6 We will evaluate your Program Application and notify you of your acceptance or rejection.
3.7 We may reject your Program Application at our discretion.

Intellectual Property.
3.8 All information, data, artwork, text, video, audio, media files and images, and all other content displayed on or contained within the Dine at Hyatt Jakarta (collectively, the ‘Content’) are the property of Dine at Hyatt Jakarta, its affiliates, or its third-party licensors. Dine at Hyatt Jakarta, its affiliates or their third-party licensors, as applicable, retain all rights, titles and interest in and to the Content and all Intellectual Property Rights related thereto.
3.9 You do not have, nor does your use of the Dine at Hyatt Jakarta Affiliate Program, give you any ownership interest in the Content or the Dine at Hyatt Jakarta Affiliate Program.
3.10 You may use the Dine at Hyatt Jakarta Affiliate Program solely for your personal or internal business use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell the Dine at Hyatt Jakarta Affiliate Program or any Content.

4.1 You acknowledge and agree that to participate in the Program, you are required to register for the Dine at Hyatt Jakarta Affiliate Program. 
4.2 In relation to the creation of the Affiliate ID, you warrant and represent to us that: 
4.2.1 the Information that you provide to us is accurate, complete, valid (where applicable) and that you will maintain it in such condition on an ongoing and continuous basis; and 
4.2.2 if you create an Affiliate ID on behalf of an entity, such as your business or employer, you represent that you have the requisite legal authority to create the Affiliate ID and bind that entity to these Terms and that you can provide evidence of such authority upon request. 

6.1 Without our prior written approval, Ineligible Parties may not enrol or join in the Program or submit Program Applications.
6.2 If you become an Ineligible Party after you enrol in the Program, you agree to:
6.2.1 terminate your participation in the Program immediately; and
6.2.2 following such termination, keep confidential any Confidential Information provided to you during your enrolment in the Program.
6.3 Existing members of the Dine at Hyatt Jakarta membership program may also apply to become Affiliate Partners. However, please note the following restriction: As an affiliate partner, you will only be eligible to receive the Affiliate Program commission fees. You will not be entitled to voucher rewards from any other Dine at Hyatt Jakarta Referral Programs.

7.1 At all times during your participation in the Program, you will ensure that your Partner Site(s) do not:
7.1.1 depict or promote: violence or sexually explicit material; material that is fraudulent, defamatory or obscene; or any material that contains misinformation/fake news;
7.1.2 reproduce content from other websites without express license or permission or without proper accreditation or reference where required;
7.1.3 use any method to falsely/illegally boost your social media engagement (e.g., in relation to number of likes, followers, comments);
7.1.4 appear incomplete – e.g., still under construction;
7.1.5 promote illegal activities or unlawful discrimination of any kind;
7.1.6 promote or contain any materials which infringe or assist others to infringe the Intellectual Property Rights of others;
7.1.7 contain any images or content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable;
7.1.8 otherwise violate any applicable federal, state, local and international laws and regulation;
7.1.9 use any services or practices to mask or hide your IP address and/or your referring URLs;
7.1.10 contain any spyware, malware, adware, virus, worm, trojan horse, or other subversive, malicious, or harmful code, or any application not expressly and knowingly authorized by Users prior to being downloaded or installed on their computer or other device;
7.1.11 operate as a sub-affiliate network (i.e., operates a product or service that provides digital marketing services to one or more businesses), including influencers network (unless exceptional written approval has been granted by Dine at Hyatt Jakarta, at the discretion of Dine at Hyatt Jakarta);
7.1.12 copy or resemble the look and feel of Dine at Hyatt Jakarta/ any Related Company of GMS, or create an impression that your Site(s) are part of Dine at Hyatt Jakarta/ any Related Company of GMS; or
7.1.13 otherwise operate in a manner which Dine at Hyatt Jakarta deems unsuitable for the Program (as determined at Dine at Hyatt Jakarta's discretion) which Dine at Hyatt Jakarta communicates to the Partner.
(any Sites which fail to comply with the above restrictions are ‘Ineligible Sites’)
7.2 If a sub-affiliate network is granted approval by Dine at Hyatt Jakarta to participate in the Program, then the approved sub-affiliate network must ensure that its partners comply with these Terms.

8.1 In the event that you or your Corporate Affiliates are or ever become an Ineligible Party and/or where you fail to comply with any other terms or conditions of these Terms, you acknowledge and agree that you shall not be eligible for Commission and that we may, without limiting any other right or remedy at law or in equity to which we may be entitled:
8.1.1 remove your Partner Site(s) from the Program and/or require the Administrator to do so;
8.1.2 require that you repay any payments made to you while the Partner Site was non-compliant and you agree to promptly make such repayment in accordance with our instructions; and/or
8.1.3 require the Administrator to withhold sums and/or require such repayments from you and you authorize the Administrator to take such actions in accordance with our instructions.

9.1 You are solely responsible for the Partner Site(s) including all content and other material that appears on the Site(s). For example, you are solely responsible for: 
9.1.1 any use of the Membership Content, regardless of whether it is permitted by these Terms; 
9.1.2 maintaining a privacy policy that adequately discloses to Users how you and third parties (including Dine at Hyatt Jakarta and other advertisers) track, collect, use, store, share, and disclose User data, serve advertisements, and use cookies, pixels, and other tracking technologies; 
9.1.3 ensuring that all content on your Site does not violate or infringe any rights (including privacy, intellectual property, or other proprietary rights) of Dine at Hyatt Jakarta and/or a third party; and 
9.1.4 ensuring that your display of the Membership Content and any other information content or materials do not violate the Program Documentation or any agreement between you and any other person or entity. 
9.2 In creating or publishing any content under these Terms, you shall: 
9.2.1 exercise reasonable skill and care; 
9.2.2 comply with: 
(a) reasonable requests and instructions by Dine at Hyatt Jakarta; 
(b) the social media guidelines and any other guidelines in respect of the use of social media that Dine at Hyatt Jakarta, as updated by Dine at Hyatt Jakarta from time to time, and any other guidelines in respect of the use of social media that Dine at Hyatt Jakarta may stipulate from time to time; and 
(c) all applicable laws, regulations and codes of practice in relation to marketing, advertising and content creation, including but not limited to the FTC Guidelines; 
9.2.3 refrain from doing or saying anything which may reasonably be interpreted by Dine at Hyatt Jakarta as being prejudicial or detrimental to Dine at Hyatt Jakarta. 

10.1 Without prejudice to anything else herein, you may promote the Membership Products via content (including but not limited to social media posts, photographs, links, and videos ) which you either (i) post on your Partner Site; and/or (ii) submit to or designate to be displayed on our Sites, and which we may, in our sole discretion choose to display, or agree to be displayed in any media, now known or later devised (collectively, the ‘Content’). Where you submit or designate Content to be displayed on our Sites, you acknowledge and agree that the Content shall include all necessary images, recordings (audio or audio-visual), text and/or other creative materials. We may, upon acceptance of any Content, use, edit, copy, add to, delete, adapt, translate or otherwise modify the Content in any way we see fit. Where you post or submit any Content, you represent, warrant and guarantee that: 
(a) you are at least eighteen (18) years of age; 
(b) you are solely responsible for the Content and anything contained therein; 
(c) the Content is your own original work 
(d) the Content and any use on our part of the Content does not and will not infringe or violate any copyright, trademark, proprietary, privacy, publicity, terms of use, or other rights of any person or entity; 
(e) you have and will maintain all necessary rights, consents, approvals, authorizations, and licenses to all content included in the Content to ensure that we may to use the Content and exercise the rights granted herein; 
(f) you are not an employee of GMS Group; and 
(g) if the Content shows or references a membership, that membership is the same as the one linked to in the Content. 
10.2 In exchange for accepting the Content, we may make a payment to you. Any such payment shall be made according to the following terms: 
(a) we may, in our sole discretion, chose to pay you either a flat fee equal to an amount determined by us and communicated to you from time to time, and/or Commission in return for accepted Content; 
(b) where we pay you Commission, it shall be payable in line with clause 18 of these Terms and Conditions. 
(d) you are responsible for paying any applicable federal, provincial, state, local, income and withholding taxes, if any. 

11.1 You agree that you will not: 
11.1.1 use any link(s) that sends Users indirectly to the Dine at Hyatt Jakarta Sites via an intermediate site or webpage; 
11.1.2 use any other method that impedes Users from determining which site or application they click within any Membership Content; 
11.1.3 take any action that could reasonably confuse Users regarding: (i) our relationship with you; or (ii) the website on which any searching or purchase of Membership Products is occurring (e.g., through the use of iFrames); 
11.1.4 display any Membership Content or Dine at Hyatt Jakarta logo within any pop-up or pop-under windows, transitional page ads, or layer ads around or in conjunction with the display of any site that is not the Partner Site; 
11.1.5 mislead or misrepresent to Users as to the origin, affiliation or nature of the Partner Site(s), products or services; 
11.1.6 use any Membership Content or any Dine at Hyatt Jakarta logo in a manner (by proximity or otherwise) that implies endorsement or commercial association by Dine at Hyatt Jakarta with any product, service, party, or cause; 
11.1.7 take any action to register as a trademark or domain name any Dine at Hyatt Jakarta logo or any logo or domain name that contains, is confusingly similar to, or otherwise seeks to copy, benefit from, or interfere with our interests in Dine at Hyatt Jakarta logo as either a trademark, domain name, or meta tag; 
11.1.8 display or otherwise use any trade name, trademark, service mark, logo or other similar indicia of identity or source of any third party in connection with the display of any Membership Content except in the form and manner provided by Dine at Hyatt Jakarta or in accordance with any trademark usage guidelines provided by such third parties; 
11.1.9 attempt to artificially increase your Commission in any way (e.g., by causing any page of a Dine at Hyatt Jakarta Sites to open in a browser other than as a result of the User clicking on Membership Content on your Site or by artificially generating clicks, impressions, or purchases, whether by way of a robot, spider, scraper or software program or other automated means or any manual process for any purpose (e.g., other method designed to emulate a click by a real person); 
11.1.10 violate the restrictions in any robot exclusion headers on the Affiliate and/or any Dine at Hyatt Jakarta Site, or bypass, circumvent, or avoid any measure employed to prevent or limit access to the Dine at Hyatt Jakarta Affiliate Program and/or such Dine at Hyatt Jakarta Site; 
11.1.11 take any action that Dine at Hyatt Jakarta deems imposes or may is likely to impose an unreasonable or disproportionately large load on the technology or infrastructure of Dine at Hyatt Jakarta (e.g., using scraping/caching or crawler type requests on Dine at Hyatt Jakarta's servers); 
11.1.12 collect, use, or disclose personal information under or in relation to the Affiliate Program unless you have obtained all relevant consents to do so including that you will not knowingly collect, use, or disclose personal information from children who are under the appropriate age in any country; 
11.1.13 request, obtain, store, cache, or otherwise use any account information used by our customers; 
11.1.14 engage in any deeplink to any portion of the Dine at Hyatt Jakarta Affiliate Program for any purpose; 
11.1.15 engage in any deeplinking, except in accordance with Section 16.3 of these Terms; 
11.1.16 use or register any Dine at Hyatt Jakarta logo or the names or trademarks of Dine at Hyatt Jakarta or its partners or any variant, misspelling, or similar characters thereof or any combination containing or script representing said terms in any trademark, trade name, reference, subdomain, site reference or second level domain name, unless previously approved by Dine at Hyatt Jakarta; 
11.1.17 display Membership Content without linking to the Dine at Hyatt Jakarta Site; 
11.1.18 use iFrames or similar functionality to display Membership Content or incorporate any part of the Dine at Hyatt Jakarta Affiliate Program; 
11.1.19 use any functionality that places a cookie on User's device, e.g., "frontdoors" and toolbars with such functionality; 
11.1.20 engage in any marketing activities on behalf of us, any Related Company or our partners in connection with the Program, that are not expressly permitted by these Terms. For example, you will not use any Dine at Hyatt Jakarta logo or Membership Content in any offline promotion or in any other offline manner (e.g., in any facsimile, direct mailing, text messaging, email or attachment to email, or other document, or on television, radio, or other offline media); 
11.1.21 scrape, crawl or monitor the Dine at Hyatt Jakarta Sites, any other websites operated by Dine at Hyatt Jakarta, by any Related Company or by other partners through which Membership Content is available; 
11.1.22 allow (and will take reasonable steps to prevent) any direct or indirect extraction, repurposing and/or aggregation of any Membership Content, Confidential Information, or any other data or information made available under these Terms; 
11.1.23 use " Dine at Hyatt Jakarta " or any related logos from any Related Company in any tool bar activities/placements (for example by promoting discounts available on cashback sites); 
11.1.24 allow any Membership Content, the names or trademarks of Dine at Hyatt Jakarta or a Related Company to be placed, displayed and/or used on any Partner Site that you do not own and operate under your own brands and for your own benefit (i.e. you cannot use any part of the Membership Content on sites that you operate for third parties/third party brands even if you own such sites, and on third party sites); 
11.1.25 use any Membership Content in connection with providing others with the capability of and/or soliciting others to join a partner marketing, advertising or similar network for the purpose of engaging in business of the type conducted by Dine at Hyatt Jakarta (e.g. you will not use Membership Content provided in relation to these Terms to set up/administer a sub-network of Partners or publishers (regardless of whether you own and/or own and operate sites on behalf of the intended third party partners or publishers); and 
11.1.26 misuse or otherwise infringe any trademarks or any misspelling, variant, transliteration, script or substantially similar or confusingly similar version thereof by using or registering it as a domain name or sub-domain name. 

Membership Content Comparison
11.3 You shall not display any Membership Content in any context where the Membership Content is shown with similar information sourced from third parties unless that third party information has been compiled on the same basis as the Membership Content. For example (and without limitation) Membership Content which includes Tax and/or fee inclusive pricing shall not be displayed with third party sourced similar pricing information which is exclusive of Taxes and fees. 
Coupons and Vouchers. 
11.4 You may not display Membership Content that includes coupon, voucher, or discount codes (‘Coupon Codes’) unless Dine at Hyatt Jakarta expressly provides the Coupon Codes to you via email from the Affiliate Program. If Dine at Hyatt Jakarta provides Coupon Codes to you, you agree that: 
11.4.1 you will comply with all applicable laws, including marketing and advertising laws; 
11.4.2 you will only display the specific Coupon Codes that Dine at Hyatt Jakarta makes available to you; 
11.4.3 you will not use any functionality whereby the User must click any link to reveal the Coupon Code; and 
11.4.4 you may receive reduced Commission or no Commission for Consumed Verified Transactions in which the Coupon Code was redeemed in accordance with the applicable Commission information from the Affiliate Program (as applicable). 
Search Marketing Coupon Requirements. 
11.5 These terms have the following meaning: 
11.5.1 ‘Coupon’ means an authorized promotion, explicitly approved by Dine at Hyatt Jakarta, whereby the customer must enter a Coupon Code at checkout to redeem the advertised discount or promotion; 
11.5.2 ‘Deal’ means an onsite promotion, sale, or site-wide saving that is available to the public and does not require a Coupon Code to be entered for the customer to redeem the advertised discount or promotion. 
11.6 At all times during your participation in the Program, you will ensure that your search engine optimization (‘SEO’) and search engine marketing (‘SEM’) activities related to Dine at Hyatt Jakarta comply with the following Search Marketing Coupon Requirements: 
11.6.1 you will clearly differentiate in its copy between a Coupon and a Deal; and 
11.6.2 you will align with Dine at Hyatt Jakarta's legal requirements for sales, Deals, promotions and Coupon advertisements, including but not limited to the following: 
(a) advertising must be clear and accurate, not mislead, exaggerate, offend or cause harm; 
(b) any messaging provided by Dine at Hyatt Jakarta for sales, Deals, promotions and Coupon advertisements must be used as provided without any edits or alterations; 
(c) an offer like "Save up to $X" off should read as such and should not be expressed: 
i) as a flat dollar amount off; or 
ii) without stating any limitations applicable to the offer (e.g., "Save up to $500 when you purchase membership on Dine at Hyatt Jakarta" should not read "$500 off on Dine at Hyatt Jakarta packages"); 
(d) price guarantees offered by any brand must not be presented as a Coupon code or a site-wide Deal and is prohibited from being advertised in ad copy; 
(e) Deals and/or Coupons advertised in SEO copy or SEM copy must match a relevant landing page on Dine at Hyatt Jakarta and 
(f) Partner shall display links to the full terms and conditions associated with Deals and Coupons. 
11.7 You agree that you shall not undertake or engage in any of the following (each hereinafter referred to as ‘Prohibited Search Marketing Activities’): 
11.7.1 Partner shall not promote unauthorized Coupons in its page title text or refer to illegitimate promotions that are not provided by Dine at Hyatt Jakarta; 
11.7.2 Partner shall not promote unauthorised Coupons in its meta description or refer to illegitimate promotions that are not provided by Dine at Hyatt Jakarta; and 
11.7.3 Partner shall not use Coupon and Deal related keywords in its Page Title Text and / or meta descriptions. These keywords can only be used in conjunction with a numerical keyword (25%, 10%, etc.) if it is: a) a legitimate offer are provided by Dine at Hyatt Jakarta or, b) the Partner has explicit written approval from Dine at Hyatt Jakarta to promote an authorised Coupon campaign. 
11.8 If your SEO activities and/or SEM activities are not in compliance with any of the requirements outlined in these Search Marketing Coupon Requirements (or any other terms and conditions of these Terms), or if you engage in any Prohibited Search Marketing Activities, we may, in our sole discretion and without limiting any other right or remedy to which we may be entitled: 
10.8.1 remove the Partner Site from the Program; 
11.8.2 terminate your participation in the Program and these Program Conditions; 
11.8.3 withhold Commission on any booking(s) from commissionable lines of business when the booking is made in conjunction with Prohibited Search Marketing Activities; and/or 
11.8.4 require you to refund any payments made by Dine at Hyatt Jakarta during such period of non-compliance. 

Keyword Bidding
11.9 Without Dine at Hyatt Jakarta's prior written approval you may not bid on, including for preferential placement in any search engine or other paid advertising, or otherwise use to drive consumers to your websites or businesses any Dine at Hyatt Jakarta logo or any misspellings or variants of, or substantially similar names and marks to Dine at Hyatt Jakarta. In addition, upon our request you will cause any search engine designated by us to exclude Dine at Hyatt Jakarta logo from keywords used to display your advertising content in association with search results (e.g., request exclusion by negative keyword bidding). 
11.10 If Dine at Hyatt Jakarta gives you prior written approval to bid on the Approved Bidding Terms, you agree to comply with Dine at Hyatt Jakarta Bidding Requirements. 
11.11 You must not develop or use any browser extensions to: 
11.11.1 display any unauthorised alerts, advertisements or other content to consumers including via toolbars, pop-ups, pop-unders or ad-injections on the Dine at Hyatt Jakarta Sites; 
11.11.2 redirect a User's browser to another website via affiliate links; or 
11.11.3 display advertisements or other content containing any trademarks (other tha Dine at Hyatt Jakarta logowhere authorized) on the Dine at Hyatt Jakarta Sites. 
11.12 You must not develop or use any browser extensions to engage in any activity that results in any names, brands or links unconnected to Dine at Hyatt Jakarta appearing in connection with Dine at Hyatt Jakarta logo, including through the use of advertising supported software. 

12.1 Subject at all times to the limitations set-out in these Terms and your compliance with these Terms, we hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free license to reproduce and display on the Partner Site: 
12.1.1 Membership Content; and 
12.1.2 Dine at Hyatt Jakarta Logo, 
for the sole purpose of referring Users to the Dine at Hyatt Jakarta Site(s). You agree that any use of the Dine at Hyatt Jakarta logo will comply with the relevant Trademark Usage Guidelines. 
12.2 You acknowledge that Dine at Hyatt Jakarta owns all right and interest in the Dine at Hyatt Jakarta logo and that any rights created by your use of the Dine at Hyatt Jakarta logo pursuant to this Agreement shall inure to the benefit of Dine at Hyatt Jakarta. 
12.3 You further agree not to use any Dine at Hyatt Jakarta logo other than as permitted here and always in accordance with the applicable Trademark Usage Guidelines, and that you shall not adopt or use any misspelled, typo-variant, transliterated, or substantially or confusingly similar version of: 
12.3.1 any Dine at Hyatt Jakarta logo; or 
12.3.2 the other marks, URL, trade name, trademark, logo, or branding of Dine at Hyatt Jakarta, any of its partners, or of any third party in any unauthorised manner whatsoever (including as part of any trademark or domain name, in any meta-tags, search engine advertising, marketing or optimization, any other online or offline marketing, or in any advertising, press releases, etc.). 
12.4 You may not adopt or use any Dine at Hyatt Jakarta logo or any misspelled, typo-variant, transliteration, or substantially or confusingly similar version of any Dine at Hyatt Jakarta logo as your domain name or as part of your domain name. 
You may only use, display or refer to any Dine at Hyatt Jakarta logo, domain name, URL, or trade name in the form provided by Dine at Hyatt Jakarta pursuant to these Terms and the Trademark Usage Guidelines in connection with the offering of Membership Content provided by Dine at Hyatt Jakarta on Partner Sites, during the course of your participation in the Program. 
12.5 All such use, display or references must cease immediately and any pages or references must be removed immediately upon the termination of your participation in the Program or relationship with Dine at Hyatt Jakarta. 
12.6 You will not register, license or control any domain name containing any Dine at Hyatt Jakarta logo or any misspellings or variants of, or substantially similar names or marks to, a Dine at Hyatt Jakarta logo. 
12.7 You must not use any Dine at Hyatt Jakarta logo in metatags on any website that you own or operate. 
12.8 Other than the limited licence and rights granted under these Terms, Dine at Hyatt Jakarta reserves all rights, titles and interest not expressly granted to You. 
12.9 No rights or title to, ownership of, or interest in the Affiliate Program, the Membership Content, any Dine at Hyatt Jakarta logo or domain names of Dine at Hyatt Jakarta or its partners, or any intellectual property related to the Affiliate Program are transferred to you under these Terms or otherwise. 
12.10 All goodwill from your use of the Dine at Hyatt Jakarta logo will inure to the benefit of us. 

13.1 By submitting Content as contemplated herein, including any related questions, comments, suggestions, ideas or the like contained in any Content, you: 
a. hereby grant us a non-exclusive, royalty free, fully paid, worldwide, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) right and license to: (a) use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and publicly display the Content (whether before or after the date of grant of permission) throughout the world for any purpose in any media or form now known or hereafter devised; and (b) use the name that you submit in connection with any Content, if necessary. To the extent allowable by applicable law, if you hold "moral rights" (including rights of attribution or integrity) in the Content, you expressly either (a) waive all "moral rights" that may subsist in the Content; or (b) expressly consent to the publication, use, modification, deletion, or exploitation of the Content by us without regard to those "moral rights." For any voice, image or likeness of any individual in the Content, you hereby grant us a non-exclusive, royalty free, fully paid, worldwide, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) right and license; 
13.2 If you are featured in the Content, you hereby grant to us and our affiliates (‘Authorized Parties’), a non-exclusive, perpetual, irrevocable, worldwide license to use your name, social media links and/or handles, pseudonym, biographical facts, voice, statements, photograph and likeness (collectively, Personal Material), alone or combined with any material, in any media, now known or hereafter developed, in connection with and for our marketing, promotional and advertising purposes. You have the right to withdraw your consent at any time to the use of your Personal Materials by contacting Dine at Hyatt Jakarta via affiliate@jakgh.dinehyatt.com. 

14.1 By participating in the Program, you agree that you are and will remain in compliance with:
14.1.1 these Terms;
14.1.2 any other policies, specifications, guidelines, and other materials that we reference in these Terms, or which we inform you of via a 30-day previous notice that you are required to comply with from time to time; and
14.1.3 any applicable laws.
(collectively, the ‘Program Documentation’).
14.2 You agree to provide us with all information requested by us to verify your compliance with any and all of the Program Documentation. If we determine, acting reasonably, that you or any person or entity that we determine is affiliated or associated with you breached any of the terms in the Program Documentation, we may, without limiting any other right or remedy to which we may be entitled, give you a 30-day notice to:
14.2.1 remove the Partner Site(s) from the Program or require the Administrator to do so; and
14.2.2 terminate their participation in the Program and terminate all related agreements.

15.1 For so long as you are a participant in the Program and for a period of 2 years thereafter, you acknowledge and agree that you shall (and shall procure that your Corporate Affiliates shall) retain copies of all books, systems, reports, practices, data, records and documents which relate to your participation in the Program (‘Audit Items’). 
15.2 Where we (acting reasonably and in good faith) suspect that you may have committed: 
15.2.1 a breach of these Terms; 
15.2.2 fraud; and/or 
15.2.3 a breach of applicable laws, 
you acknowledge and agree that you shall permit and/or shall procure that any relevant third party permits us with access to, and/or are provided copies of (in each case as we may request), such Audit Items and such of your and your Corporate Affiliates' systems, websites and tools as we may reasonably require that you provide to us, for the purpose of investigating and verifying the same. 
15.3 We shall use our audit rights under this Section 13 solely for the purpose of conducting such investigation and verification. 

16.1 Dine at Hyatt Jakarta and/or the Administrator may from time to time provide you with access to certain links, at Dine at Hyatt Jakarta's discretion (which may include an API feed, data feed, search box, coupon code, search engine module, deals module, widget or such other links as may be provided to you) (‘Program Links’). 
16.2 You acknowledge and agree that you will not alter, modify or otherwise change the Program Links without Dine at Hyatt Jakarta's prior written consent. For example, you may not use a URL shortener that obscures that the Program Link links to the Dine at Hyatt Jakarta Sites. Dine at Hyatt Jakarta may also provide you with access to Membership Content for display on your Site(s) from one or more of the following sources: 

Deeplinks
16.3 The ‘Deeplink Generator’ is a tool that allows you to generate a direct link to a webpage (e.g. the infosite page for a certain hotel) within the Dine at Hyatt Jakarta Site. If Dine at Hyatt Jakarta provides you with access to the Deeplink Generator, you agree not alter, modify or otherwise change the Deeplinks created by the tool. 
16.4 Your use and display of the Deeplink Generator will comply with any usage guidelines that we may provide to you from time to time. 

Banners
16.5 Dine at Hyatt Jakarta provides banners that enables Users to link through Dine at Hyatt Jakarta Sites. If we provide you with access to these materials, you agree that: 
16.5.1 the banner shall be displayed solely for the purpose of linking directly from your Sites to Dine at Hyatt Jakarta and promoting the Membership Products. 
16.5.2 You also agree to comply with any usage guidelines that we may provide to you from time to time. Dine at Hyatt Jakarta reserves the right to make changes to any of the content (including but not limited to logos, images and other components) within our banners even once placed on your website. 
16.5.3 You represent and warrant that you own or have the necessary legal rights to use and display the banners and all Intellectual Property Rights therein, including but not limited to trademarks, trade names, copyright, domain names, URLs, and website links, and that your use and display of the banners will not violate or infringe upon any intellectual property right of any person or entity. 

17.1 You agree that you will not release any publicity, advertisement, news release, or public announcement, regarding any aspect of your participation in the Affiliate Program or the relationship between the Partner and Dine at Hyatt Jakarta without Dine at Hyatt Jakarta's prior written approval. 

18.1 Defined terms specifically relevant to the Commission are set out in Schedule 2 of these Terms.
18.2 As a Partner in the Programme, you may earn the commission specified from the Dine at Hyatt Jakarta Affiliate Program for certain Qualifying Transactions. We reserve the right to reject certain sales where they are considered invalid. A so-called 'valid' sale meets all of the following conditions described below:  
18.2.1 A sale made from a lead who is not a current member of the Dine at Hyatt Jakarta program, or a lead who was a member in the past but has not renewed his or her membership for the past 12 months;  
18.2.2 A sale made from a lead within thirty (30) days of lead lifetime;  
18.2.3 A sale made with the payment received in full and reflected in our bank account;  
18.2.4 A sale made which is not suspicious or fraudulent (e.g., Sales made but not cancelled within 1-3 days). To protect ourselves against fraud, we have set up regular control measures in our affiliation program. We reserve the right to reject, without explanation, suspicious or fraudulent sales. In the event of recurring infringements, we may terminate the fraudulent affiliate's participation and eliminate all or part of any payment due to the respective affiliate. 
18.2.5 A sale that is not cancelled within 7 days (the cooldown period) of joining.  
18.3 You will only be entitled to receive Commission for Qualifying Transactions in accordance with these Terms and at the levels set out by the Dine at Hyatt Jakarta Affiliate Program at the relevant time. If any levels of Commission set out in the Dine at Hyatt Jakarta Affiliate Program are amended, you will be notified in writing in accordance with Section 2.3. 
18.4 You will be paid the Commission earned for each month via bank transfer (taxes included). You acknowledge and agree that any and all calculations regarding Commission shall be treated as final. 
18.5. You will be paid for each successful sale you refer to us every month via bank transfer (taxes included), in Indonesian Rupiah (IDR), within 45 days after the month-end. Payment shall only be made once the total accrued commission equals or exceeds the minimum threshold of IDR 400,000. If, in any given period of the monthly payout date, the accrued commission is less than IDR 400,000, such amount shall be carried forward and accumulated with future commission earnings.  
18.6 You shall ensure that the payment details in the Dine at Hyatt Jakarta Affiliate Program are correct at all times. The Administrator will not be responsible for any mis-payment or return of Commission where you have submitted incorrect bank details to the Administrator. 
18.7 Where the transfer of funds to you incurs bank charges, the Administrator reserves the right to pass on such charges to you. 
18.8 If you (acting reasonably and in good faith) dispute any Commission, you must notify us promptly in writing (and no later than ninety (90) days from receipt of the Commission) and provide reasonable supporting evidence. If you fail to raise a dispute in writing by this date, you shall waive your right to dispute any such Commission.  
18.9 Upon receipt of your notice under Section 18.10, we shall investigate, and both parties shall negotiate in good faith to attempt to resolve the dispute promptly. If we are unable to resolve the dispute within sixty (60) days of your notice of dispute, the dispute shall be resolved in accordance with Section 28.2.  
18.10 The raising of a dispute shall not affect your obligation to pay any amounts due to us, and nothing in this clause shall prevent us from commencing court proceedings or seeking interim relief. 
18.11 You acknowledge and agree that if you receive Commission for transactions that are determined by us or the Administrator to be Void Transactions, we may deduct and set-off from the Commission owed to you in any month, any payments which were previously made for such Void Transactions. We may also require you to refund to us any amounts that we and/or the Administrator may have overpaid to you in prior periods including, without limitation, amounts paid for Void Transactions. 

19.1 If you materially breach or if we, in good faith, believe that you have materially breached or are likely to materially breach these Terms, we shall provide you with notice stating that we intend to take any of the following suspension actions and provide our reasons for doing so. If your breach is remediable, you must remedy the breach within five (5) days of receiving notice. If you do not remedy your breach within five (5) days of receiving notice, or if the breach cannot be remedied, we will be entitled to suspend:    
19.1.1 your participation in the Programme;    
19.1.2 your access to the Tools and/or Dine at Hyatt Jakarta Content; 
19.1.3 the licences granted to you by us; however, if your breach constitutes fraudulent or illegal activity, exposes us to third-party liability or may cause harm to customers, then we may suspend with immediate effect on notice to you.  
19.2 Such a suspension will remain in force and effect until such time as we notify you that:  
19.2.1 we are satisfied, acting reasonably, that the breach is remedied; 
19.2.2 you may otherwise continue to access the Tools and/or Dine at Hyatt Jakarta Content and use the relevant licences; or  
19.2.3 we have decided to terminate your participation in the Programme.  
19.3 You must not attempt to access the Tools or Dine at Hyatt Jakarta Content, or use any licence(s) granted to you by us, while any such suspension is in force.
19.4 If we exercise our right of suspension under Section 19.1, we are also entitled, upon providing a written notice of the reasons for the same to you, to suspend the performance of our obligations under these Terms with immediate effect, and such suspension shall not in any respect limit or be prejudicial to other rights or remedies which we may have under law. However, notwithstanding any suspension of our obligations under this clause, we remain obliged to make payments of any Commissions which are valid and earned by you on or prior to our provision of notice to you or suspension (whichever was earlier) under Section 19.1. 

20.1 Neither you nor us shall be liable to the other for any failure or delay in the performance of its obligations under these Terms (save in respect of any obligation to pay any amounts due and payable) to the extent that such failure or delay arises due to reasons beyond such party’s reasonable control, provided always that the affected party promptly notifies the other of the cause and likely duration of the failure or delay and takes all reasonable steps, including implementation of its business continuity and disaster recovery plan, to overcome the failure or delay as soon as possible. 
20.2 If either party fails to perform or is delayed in performing its obligations for ninety (90) days or more due to a force majeure event set out in Section 19.1, then either party shall be entitled to terminate these Terms forthwith upon written notice. 

21.1 Either party may terminate your participation in the Programme by providing thirty (30) days’ prior written notice.
21.2 Upon any termination of your participation in the Programme for any reason, you acknowledge and agree that:
21.2.1 you shall only be entitled to those unpaid Commissions which are valid and which were earned by you on or prior to the date of termination;
21.2.2 you will not be entitled to Commission with respect to any amount of referrals delivered after the date of termination;
21.2.3 any and all licences you have with respect to the Tools, Dine at Hyatt Jakarta Content and Dine at Hyatt Jakarta logo will automatically be terminated;
21.2.4 you will immediately stop using the Tools, Dine at Hyatt Jakarta Content and Dine at Hyatt Jakarta logo and materials and promptly remove from your Site(s) and delete or otherwise destroy all links to the Dine at Hyatt Jakarta Site, all Dine at Hyatt Jakarta logo and materials, all other Dine at Hyatt Jakarta Content and any other materials provided or made available by or on behalf of us to you in connection with the Programme;
21.2.5 the licences and consent you have provided us under Sections 9.2.3 and 11.11 will automatically be terminated;
21.2.6 our acceptance of additional transactions obtained through the Partner Site(s) shall not constitute a continuation or renewal of the arrangement or a waiver of such termination; and
21.2.7 all rights and obligations of the parties will be extinguished, except that the rights and obligations of the parties under Sections 22 (Confidentiality), 24 (Indemnification), 25 (Disclaimers), 26 (Limitation of Liability) and 27 (Miscellaneous) will survive the termination of your participation in the Programme and these Programme Conditions.
21.3 No termination of your participation in the Programme will relieve either party from any liability for any breach of these Terms or any liability which has accrued prior to termination.

22.1 If you have entered into a valid and currently effective non-disclosure agreement with Dine at Hyatt Jakarta (or its Corporate Affiliate, as applicable) that covers exchanges of Confidential Information arising out of or related to your participation in the Programme (an ‘NDA’), then the terms of such NDA will govern and control all such exchanges of information. In the event of any conflict between the NDA and these Terms, then the terms of the NDA will take precedence in respect of confidential information. 
22.2 If you have not entered into an NDA with us, then each party agrees that it will not disclose any Confidential Information that is disclosed to it (as ‘recipient’) by the other party (as ‘discloser’) (and that relating to the Administrator, whether disclosed by us or the Administrator) and that all Confidential Information will remain strictly confidential and will not be utilised, directly or indirectly, by the recipient for its own business purposes or for any other purpose, except and solely to the extent that any such information is generally known or available to the public or if the same is required by law or legal process (provided that prior to such required disclosure, the recipient must seek the highest level of protection available and provide the discloser with reasonable advance notice).  
22.3 The term ‘Confidential Information’ includes, but is not limited to, business and financial information, customer and vendor lists, and pricing and sales information or information about any members of the Programme other than you. ‘Confidential Information’ will also include any information that is designated by the discloser as confidential or that a reasonable person would consider to be confidential. All Confidential Information will remain the discloser’s exclusive property.   
22.4 You acknowledge that Commission-related information provided by us to you shall be considered Confidential Information for the purposes of these Terms, and you agree not to use (and to cause each of your group members not to use) any Commission-related information other than for the sole purposes of assessing the accuracy and completeness of such Commission for your financial accounting purposes.  
22.5 Without limiting the foregoing, you agree not to use such Commission-related information to prepare for or in connection with or during your discussions, negotiations or contracting with (and shall not provide any of our Commission-related information to) any of your existing or prospective supply partners (as applicable), and you shall not provide such Commission-related information to any of your personnel involved in or connected with the same. We reserve the right to require additional controls around our Commission-related information as we consider appropriate. 
22.6 You may, from time to time, provide suggestions, comments or other feedback (‘Feedback’) to us, including in relation to the Affiliate Programme. You agree that all Feedback you give us is and shall be given entirely voluntarily. Feedback shall not create any confidentiality obligation for us unless otherwise mutually agreed in writing.   
22.7 Except in instances where the Feedback has been designated confidential in such a separate written agreement, you acknowledge and agree that we shall be free to use, disclose, reproduce, license or otherwise distribute and exploit the Feedback provided to us as we see fit, entirely without obligation or restriction of any kind on account of Intellectual Property Rights or otherwise. In the event that we share Feedback with third parties, we will ensure it is anonymised and aggregated by combination with other Feedback such that you are not identifiable or re-identifiable, and no Feedback is specifically attributable to you. 

23.1 Any personal data processed in connection with these Terms will be processed by each Party in its capacity as an independent and autonomous controller. Each Party will comply with the data protection requirements which can be found in our Privacy Policy here.

24.1 You agree to indemnify, defend and hold harmless Dine at Hyatt Jakarta and our Related Companies, and their directors, officers, employees, agents (collectively the ‘Indemnified Parties’), against any and all claims brought by any third party (including the Administrator), actions, demands, liabilities, losses, damages, fines, judgments, settlements, costs and expenses (including reasonable solicitors’ or other professionals’ fees) (collectively ‘Losses’) resulting in whole or in part from:  
24.1.1 any claim that our use of your trademarks or any other materials or content you provide to us violates, infringes, misappropriates or otherwise wrongfully exploits any Intellectual Property Rights or other proprietary rights of any third party; 
24.1.2 any material breach of these Terms;  
24.1.3 any claim related to your Site(s) or advertising practices;  
24.1.4 your negligence or wilful misconduct; 
24.1.5 content other than Tools, Dine at Hyatt Jakarta Content and Dine at Hyatt Jakarta logo (including any contaminated file, virus, worm or Trojan horse) originating from your Site(s);   
24.1.6 your violation of any law in connection with these Terms; and/or  
24.1.7 your use of the Dine at Hyatt Jakarta Affiliate Program, the Administrator’s Site (and/or the Administrator’s other technology) and/or Tools and Dine at Hyatt Jakarta Content. 
24.2 We agree to indemnify, defend and hold you harmless against any and all claims brought by any third party (including the Administrator) for Losses (defined in Section 24.1) directly resulting, in whole or in part, from any claim that your use of our Tools or Dine at Hyatt Jakarta Content in accordance with these Terms, violates, infringes, misappropriates or otherwise wrongfully exploits any Intellectual Property Rights or other proprietary rights of any third party. 
24.3 You acknowledge and agree that Indemnified Parties shall be deemed intended third-party beneficiaries under these Terms, for the purposes of this Section 24, and that they shall be entitled to enforce their rights under this Section 24 against you. 

25.1 YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OTHER THAN AS EXPRESSLY SET OUT HEREIN, DINE AT HYATT JAKARTA DOES NOT MAKE ANY PROMISES ABOUT THE AFFILIATE PROGRAMME. FOR EXAMPLE, DINE AT HYATT JAKARTA DOES NOT MAKE ANY COMMITMENTS ABOUT THE TOOLS AND CONTENT WITHIN THE AFFILIATE PROGRAMME, INCLUDING THE DINE AT HYATT JAKARTA CONTENT, THE SPECIFIC FUNCTION OF THE AFFILIATE PROGRAMME OR ITS PROFITABILITY, RELIABILITY, AVAILABILITY OR ABILITY TO MEET PARTNERS’ NEEDS. DINE AT HYATT JAKARTA PROVIDES THE AFFILIATE PROGRAMME, MEMBERSHIP PRODUCTS, DINE AT HYATT JAKARTA CONTENT, DINE AT HYATT JAKARTA SITES AND DINE AT HYATT JAKARTA LOGO ‘AS IS’.  
25.2 Dine at Hyatt Jakarta makes no guarantees, warranties or representations of any kind concerning the Programme, the Dine at Hyatt Jakarta Affiliate Program and/or any associate licences which we extent to you in relation to the same, except where a particular guarantee or warranty cannot be excluded under applicable law.  

26.1 BOTH PARTIES ACKNOWLEDGE AND AGREE THAT NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL OR DATA) RELATED TO THESE TERMS OR THE PROGRAMME, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, EACH PARTY’S AGGREGATE LIABILITY ARISING WITH RESPECT TO THESE TERMS AND THE PROGRAMME WILL NOT EXCEED THE TOTAL COMMISSION PAID TO YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE MOST RECENT EVENT GIVING RISE TO THE CLAIM OCCURRED. THE FOREGOING LIMITATION WILL APPLY REGARDLESS OF THE CAUSE OF ACTION UNDER WHICH SUCH DAMAGES ARE SOUGHT.  
26.2 Dine at Hyatt Jakarta will not be liable for any inaccuracies except when it was caused or contributed to by a negligent or fraudulent act of Dine at Hyatt Jakarta. 
26.3 NOTHING IN THESE PROGRAMME REQUIREMENTS SHALL EXCLUDE OR LIMIT EITHER PARTY’S LIABILITY FOR: 
26.3.1 DEATH OR PERSONAL INJURY;  
26.3.2 FRAUD OR FRAUDULENT MISREPRESENTATION; OR  
26.3.3 ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  

28.1 Any notice which you provide to us shall only be effective if it is in writing and received by us at the following email address: affiliate@jakgh.dinehyatt.com.
28.2 In any action, suit or proceeding to enforce any right or remedy under these Terms or to interpret any provision of these Terms, the prevailing party will be entitled to recover its reasonable solicitors’ fees, court costs and other expenses from the other party.
28.3 Whenever used in these Terms, the terms ‘include(s)’, ‘including’, ‘e.g.’ and ‘for example’ mean, respectively, ‘include(s), without limitation’, ‘including, without limitation’, ‘e.g. without limitation’, and ‘for example, without limitation’.
28.4 Any determinations or updates that may be made by us, any actions that may be taken by us, and any approvals that may be given by us under these Terms, may be made, taken or given in our reasonable discretion.
28.5 You agree that no joint venture, partnership or employment relationship exists between you and Dine at Hyatt Jakarta as a result of these Terms or use of the Dine at Hyatt Jakarta Affiliate Program. Each party’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits a party’s right to comply with law enforcement or other governmental or legal requests or requirements.
28.6 If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. A party’s failure or delay in enforcing any provision of these Terms at any time does not waive that party’s right to enforce the same or any other provision(s) hereof in the future.
28.7 A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and/or data mentioned on the Dine at Hyatt Jakarta Affiliate Program are not intended to represent any real individual, company, product or event.
28.8 Each party acknowledges that irreparable harm may result in the event of breach of these Terms and that monetary damages in such event could be inadequate to compensate the other party. Consequently, in the event of breach of any of these Terms, the other party is entitled, in addition to such monetary relief as may be recoverable, to such temporary, preliminary and/or permanent injunctive relief as may be necessary to restrain any continuing or further breach of these Terms, without showing or proving any actual damages or posting a bond or comparable security. Any rights not expressly granted herein are reserved.

In these Terms, the details of the ‘Administrator’ shall be as follows:  
• Email: affiliate@jakgh.dinehyatt.com  

1.1   Under these Terms (unless the context otherwise requires), the following words and phrases shall have the following meaning: 

Account Information means the information that you provide to use when you sign up as an affiliate; 
Administrator has the meaning given in Section 29; 
Control or Controlled means, with regard to any entity, the legal or beneficial ownership, directly or indirectly, of fifty percent (50%) or more of the shares (or other ownership interest, if not a corporation) of such entity through voting rights or through the exercise of rights pursuant to agreement, or the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of such entity; 
Corporate Affiliate means any person or entity that, directly or indirectly Controls, is Controlled by or is under common Control with a party; 
Coupon Codes has the meaning given in Section 11.4; 
Deeplink means a link which goes directly to any web page in a Dine at Hyatt Jakarta Site other than the home page of that Dine at Hyatt Jakarta Site; 
Dine at Hyatt Jakarta Affiliate Program has the meaning given in the Introduction; 
Dine at Hyatt Jakarta, we, us or our means the entity or entities identified in Section 27 of these Terms (as applicable); 
Dine at Hyatt Jakarta Content has the meaning given in Section 3.11; 
Dine at Hyatt Jakarta Sites means the Dine at Hyatt Jakarta brand’s internet website(s), including mobile compatible websites and any related apps which are specified in the Dine at Hyatt Jakarta Affiliate Program; 
Feedback has the meaning given in Section 22; 
FTC Guides means the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising available at http://ftc.gov/os/2009/10/091005revisedendorsementguides.pdf and at http://www.ftc.gov/opa/2013/03/dotcom.shtm, and the rulings of the Advertising Standards Authority and the provisions of the British Codes of Advertising and Sales Promotion, and will not do anything contrary to such laws, regulations, rules and guidelines; 
Indemnified Parties has the meaning given in Section 24; 
Ineligible Party means:  
(i)   any party whose Partner Site is (or becomes) an Ineligible Site; or 
(ii)   any successor, employee, agent or Corporate Affiliate of any Ineligible Party; 
Ineligible Site means any site that does not comply with the requirements set out in Section 7.1; 
Intellectual Property or Intellectual Property Rights means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, domain name or other Intellectual Property Rights laws, and all similar or equivalent rights or forms of protection, in any part of the world; 
Losses has the meaning given in Section 24.1; 
Merchandising Content has the meaning given in Section 3.11 ; 
NDA has the meaning given in Section 20.1; 
Pandemic Event means any delay or disruption caused by a pandemic (including, without limitation, the Covid-19 pandemic), including a shortage of any electricity or other utility, any embargo and/or any other trade restrictions, any delay/disruption caused in a supply chain and shortage/absence of Dine at Hyatt Jakarta employees and/or other personnel, provided that in each case the event occurs due to either: 
(i)   any mandatory measures introduced by a government and/or local or regulatory authority; or 
(ii)   implemented by Dine at Hyatt Jakarta (acting reasonably) intended to prevent or delay the spread of the pandemic; 
Partner, you or your has the meaning given in the Section 1.3; 
Partner Site or Site has the meaning given in Section 3.2.2;  
Personal Data means any information that relates to an individual, including an employee, customer, end user or any other individual, including:  
(i)   first and last name; 
(ii)   home or other physical address;  
(iii)  telephone number;  
(iv)  email address; 
(v)   identification number, location data or online identifier associated with an individual;  
(vi)  national identification number, credit or debit card number or account authentication data, such as passwords or PINs; 
(vii)   employment, financial or health information; or  
(viii)  any other information relating to an individual, including cookie information and usage and traffic data or profiles, that is combined with any of the foregoing; 
Programme Documentation has the meaning given in Section 12.1; 
Programme Requirements has the meaning given in the Introduction; 
Representative means the employees, directors, officers, consultants and agents of a Party or its Corporate Affiliates (as applicable); 
Tax/Taxes means any and all federal, national, state, local, provincial and other taxes, imposts, duties, levies, assessments and other similar governmental charges and fees of any nature whatsoever, together with all interest, penalties and additions imposed with respect to such amounts; 
Terms has the meaning given in the Introduction; 
Tools has the meaning given in Section 3.1; 
Membership Products has the meaning given in Section 3.1; 
Membership Products Content has the meaning given in Section 3.10; 

1.1   If there is any inconsistency between the definitions in these Terms and the information provided to you on the Dine at Hyatt Jakarta Affiliate Program, the definitions in these Terms shall prevail. 

Commission has the meaning given in Section 18.2; 
Validity Period means the period set out in the Dine at Hyatt Jakarta Affiliate Program (as applicable); 
Void Transaction means: 
(i)   a transaction that is not correctly tracked or reported with proper code from the Partner;  
(ii)   a Click or transaction that violates these Terms;  
(iii)  any Void Click; and  
in the case of CPA Placements, any transaction:  
(i)   that is subsequently cancelled, refunded, charged back, disputed by the customer that resulted from fraudulent or other unlawful activity, or for which Dine at Hyatt Jakarta does not receive payment;  
(ii)   that was purchased after termination of your participation in the Programme.