Industry Partner Agreement
This Industry Partner Agreement (the “Agreement”) is between Nomad Travel & Hospitality Inc., a company based in Ontario, Canada that operates Visby (“Visby”, “we”, “us”), and you, the business or individual taking part in the Visby Industry Partner Program (the “Program”). You accept it by clicking Accept in your partner portal. If you accept for a company, you confirm you’re authorised to bind it, and “you” means the company. Your use of Visby’s website and apps is also covered by the Terms of Service and the Privacy Policy.
1. Definitions
- Portal: your partner portal at visbytravel.com/partners/dashboard.
- Referral: a hotel or other property you introduce to Visby, in your Portal, by an introduction email, or when the property signs up for Visby from your partner link.
- Approved Referral: a Referral that counts as yours under section 4. The property is then your Referred Hotel, and the day the Referral counts (or the day Visby sets when it adds one for you) is its Attribution Date.
- Qualifying Transaction: a purchase a guest makes and pays for through Visby’s checkout at a Referred Hotel on or after its Attribution Date, as described in section 5.
- Commercial Terms: the commission rates that apply to you, by category and with the date each takes effect, together with the payout details (holding period, minimum payout and payout method). They are shown in your Portal and are part of this Agreement.
- Commission: what Visby pays you under section 5.
2. Joining the Program
- Businesses that work with hotels, such as suppliers, technology and systems companies, consultants and travel trade partners, can apply, as a company or as an individual. Visby may also invite you directly. Visby decides whether to approve, waitlist or decline each application. There’s no fee to join.
- Give accurate information and keep it up to date in your Portal. A company account is managed by its main contact, who is responsible for who uses it.
- Once approved, you get a Portal and a partner link. You can refer hotels once you have accepted this Agreement.
- The Program is not exclusive. You can work with other companies, and Visby can work with other partners and approach hotels itself.
3. Introducing hotels
- You can refer a hotel in your Portal, send its team an introduction email (the Portal gives you a draft to edit and send from your own email, with hello@visbytravel.com copied), or share your partner link. Visby never sends emails in your name.
- When you introduce a hotel, tell them you’re a Visby partner and may receive a commission from Visby if they join. The introduction draft includes a line for this.
- Only share contact details of people you work with or that the hotel has published for business enquiries, and only where you’re allowed to share them. Don’t send bulk or unsolicited messages in Visby’s name.
- Describe Visby accurately. You can’t agree prices, terms, discounts, integrations or results on Visby’s behalf, or promise a hotel anything Visby hasn’t confirmed in writing. Visby runs demonstrations and commercial discussions and agrees terms directly with each hotel, on Visby’s terms for hotels.
4. When a referral counts
A Referral counts as yours when you make it in your Portal, or when the property signs up for Visby from your partner link, unless:
- the hotel was already live on Visby when you referred it;
- Visby was already in active discussions with the hotel through its own outreach; or
- another Visby partner (an industry partner or a creator partner) introduced the same hotel first, as far as Visby can tell from the records.
The first approved introduction counts. Your Portal tells you straight away when one of these applies. A visit to your link on its own is never a Referral. If you introduced a hotel some other way and it isn’t in your Portal, tell us at hello@visbytravel.com and Visby can add it for you.
Visby may still decline or end a Referral later when:
- the hotel is your own business, or one you own, manage or are employed by, unless Visby agrees otherwise in writing; or
- the Referral looks fraudulent or doesn’t meet this Agreement.
Disputes. If you think a hotel is yours, or disagree with a decision, email hello@visbytravel.com within 30 days with anything that helps (for example, your introduction email and its date). Visby will review it against its records and tell you the outcome. Visby keeps a record of every decision, change and reason. Visby’s decision after that review is final for the Program.
Referrals are tied to the property itself, not its name, so renaming a hotel doesn’t change who referred it. Each property of a hotel group is its own Referral. If a hotel hasn’t joined Visby within 12 months of your Referral, Visby may close it, and you can refer it again later.
5. Commission
- The rate: the rate in your Commercial Terms, applied to the value of each Qualifying Transaction at your Referred Hotels. Rates can differ by category (for example room bookings, experiences and services, transfers and rentals), and a category can be excluded. Unless your Commercial Terms say otherwise, the rate is 1% for every category. Visby pays it from its own share: hotels and guests are never charged extra for it.
- What counts: room bookings and deposits paid through Visby, dining, spa and wellness, transfers and transport, tours, activities, experiences and other services the guest buys through Visby’s checkout at a Referred Hotel, unless your Commercial Terms exclude the category.
- The value: what the guest pays through Visby for the purchase, less refunds, cancellations and chargebacks, and not counting Visby’s service fee, taxes shown separately, tips, or any amount Visby doesn’t collect.
- What doesn’t count: anything paid outside Visby (including the part of a room booking paid directly to the hotel, and bookings made through other websites or travel agents), fees a hotel pays Visby, test payments, and anything fraudulent. For hotels on a fixed monthly plan instead of commission-based pricing, any payment to you is set out in your Commercial Terms.
- When it starts: Commission counts on Qualifying Transactions from the Attribution Date. Your Portal shows what you’ve earned, what’s pending and what’s been paid, worked out from Visby’s payment records. Visby never shows or pays estimates.
- Rate changes: a rate changes only by agreement with you, and applies to Qualifying Transactions from the date it takes effect. A lower rate never applies to transactions before the date you agreed to it, and no change reduces Commission already earned.
- Currency: Commission is earned in the currency the guest paid in, and paid in your payout currency at the payout provider’s exchange rate on the day of the payout.
- Corrections: if a Qualifying Transaction is refunded or charged back after Commission on it was paid, the difference comes off your future Commission. Visby won’t ask you to pay money back, except for fraud or a serious breach of this Agreement.
6. Payouts and taxes
- Commission becomes payable after a holding period of 30 days from the guest’s payment (so refunds and chargebacks can settle), unless your Commercial Terms say otherwise. Visby pays payable Commission monthly, after it has reviewed and reconciled it. Anything below the minimum payout rolls over to the next month.
- Payouts are made by bank transfer through Wise where it’s available in your country, or another way we agree. Your bank details are held by the payout provider. Visby pays its own transfer fees unless your Commercial Terms say otherwise. A payout counts as paid when the transfer completes; if it fails, Visby will pay again once you’ve fixed your details.
- You need to give your legal name, tax country and, where you have one, a business or tax number before your first payout. You’re responsible for your own taxes on Commission, and for issuing any invoice your tax rules require. Visby may withhold or report amounts where the law requires it.
7. How long Commission lasts
- There’s no fixed end date. You earn Commission on a Referred Hotel for as long as it stays active on Visby and this Agreement is in force.
- Commission on a Referred Hotel ends if the hotel stops using Visby, closes, or ends its agreement with Visby. If it comes back to Visby more than 12 months later, it counts as a new hotel. Changes of name or ownership don’t end it while the property keeps using Visby.
8. Disclosure and brand
- Whenever you recommend Visby to a hotel, make clear that you’re a Visby partner and may receive a commission, as the rules where you work require.
- Only make claims about Visby that are true. Don’t quote results, revenue or performance Visby hasn’t given you to share.
- Visby gives you a limited, revocable permission to use the logos, screenshots, decks and descriptions it provides, as provided, only to introduce Visby under the Program. Don’t suggest you are Visby or its agent, and don’t register domains, accounts or ads using Visby’s name.
9. Fair play
Visby may decline Referrals, withhold Commission, or suspend or end your participation for:
- fake or self-referrals, or any attempt to game attribution;
- misleading claims, spam, or failing to disclose your partnership;
- promising hotels terms or results on Visby’s behalf;
- harassing hotels, guests or Visby’s team;
- conduct that seriously harms Visby’s reputation; or
- any other serious breach of this Agreement.
Before acting, Visby will tell you what’s wrong and, where it can be put right, give you at least 14 days to fix it. Visby can act right away for fraud or where waiting would cause serious harm. Commission tied to fraud isn’t earned. Other Commission earned before a suspension or ending is paid as usual.
10. Confidentiality and data
- In your Portal you see your Referrals, their progress with Visby and your Commission. You never see a hotel’s guests, their details or their bookings. Where your Portal shows figures for a single hotel, they are confidential.
- Each of us keeps confidential anything non-public we learn about the other, or about a hotel, through the Program, including the Commercial Terms, and uses it only for the Program.
- Visby handles your details, and the hotel contact details you share, under the Privacy Policy. You confirm you’re allowed to share any contact details you give us, and you handle any personal data you receive from Visby only for the Program and under the data protection laws that apply to you.
11. Our relationship
- You take part as an independent business or individual. Nothing in this Agreement makes you Visby’s employee, agent or partner in a legal sense, and you can’t bind Visby to anything.
- Visby doesn’t promise that any hotel will join, how much any hotel will sell through Visby, or any level of Commission.
12. Changes and ending
- Visby may change this Agreement with at least 30 days’ notice by email and in your Portal. For material changes, you’ll be asked to accept the new version. Changes never reduce Commission you’ve already earned.
- Either of us can end this Agreement with 30 days’ notice by email. Commission earned on Qualifying Transactions before the end date is paid as usual. Visby may also end the Program with at least 90 days’ notice.
- Sections 5, 6, 10, 13 and 14 (and anything else that by its nature should) survive the end of this Agreement.
13. Liability
- Neither of us is liable to the other for indirect or consequential losses, or lost profits, except for fraud, breach of confidentiality, or amounts owed under this Agreement.
- Apart from Commission owed, Visby’s total liability to you under this Agreement is limited to the Commission it paid you in the 12 months before the claim.
- You’ll cover Visby for claims that come from your messages to hotels, promises you make without Visby’s approval, or your breach of this Agreement or the law.
14. General
- This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. Any dispute about it goes to the courts of Ontario.
- You may not transfer this Agreement without our consent. We may transfer it to an affiliate or to someone who buys our business.
- We send notices to the email on your partner account and in your Portal. Send notices to hello@visbytravel.com.
- If any part of this Agreement can’t be enforced, the rest still applies. Not enforcing a term isn’t a waiver. This Agreement and your Commercial Terms are the whole agreement between us about the Program. A separate signed agreement with Visby takes precedence where it says so.
15. Contact
Nomad Travel & Hospitality Inc. (Visby) · Ontario, Canada
hello@visbytravel.com · Industry Partner Program · Privacy