| All use and placements of Hotel Data on any website (“Site”) must be approved by Six Continents Hotels, Inc. (“SCH”).
“Company” shall mean you, whether or not you are an “Affiliate” (as that term is defined in any applicable Affiliate Agreement with SCH), or a “Company” (as that term is defined in any applicable Marketing Agreement with SCH), and also may include any other entity that obtains Hotel Data from you.
“Hotel Data” means all hotel information provided to Company by SCH through SCH data files, XML interface or by any other means Hotel Data may include, but is not limited to, hotel names, hotel addresses, hotel descriptions, hotel images, hotel rates and availability, and any other data made available to Company by SCH.
Company is restricted to using Hotel Data solely for the purpose of advertising Accommodation Transactions. An Accommodation Transaction means an uninterrupted stay of any duration at an InterContinental Hotels Group (“IHG”) hotel for which reservation or purchase is completed by a user who has linked directly to an SCH Site from a Company Site for the purpose of shopping for or buying travel accommodations at IHG hotels. No other use of such Hotel Data shall be made by Company in the absence of specific prior written approval by SCH. Company acknowledges that the Hotel Data is owned exclusively by SCH and upon termination of the applicable Affiliate or Marketing Agreement, Company shall promptly remove and destroy all Hotel Data from all Company Sites. Company shall promptly provide an affidavit certifying destruction of all Hotel Data upon request by SCH.
The offering or distribution by Company of unpublished rates, or any other Hotel Data or information, is expressly forbidden, unless Company receives prior written approval from SCH.
Company's Site: (i) is in compliance with all applicable laws and regulations; (ii) does not contain any material that is fraudulent, defamatory or obscene; and (iii) is suitable in all respects to be linked to from SCH Sites. Company agrees that Company's Site will not, in any way, copy or resemble the look and feel of SCH Sites nor will Company create an impression that Company's Site is one of the SCH Sites or part of the SCH Sites, nor will Company frame any page on an SCH Site. Company agrees that during the term of this Agreement, Company's Site shall not contain any of the Content Restrictions (as defined below), nor shall it disparage or criticize any SCH Site or SCH in any way. Content Restrictions means images or content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable such as sites that depict sexually explicit images; promote violence, illegal activities, or unlawful discrimination of any kind; promote or incorporate any materials that violate, assist or encourage others to violate any rights of others. SCH may test Company's Site, and if Company's Site is not in compliance with the terms and conditions of this Section, Company shall immediately remove or cause the removal of all Hotel Data from the offending Company Site; and SCH, in its sole discretion may immediately and without notice terminate any applicable Affiliate, Marketing and/or other Agreement with Company.
If you are not the owner of the offending Company Site, you shall immediately contact the website owner and require the removal of all Hotel Data from the offending Company Site. |
