Loyalty Program Airpoints Form

LOYALTY PROGRAM AIRPOINTS AGREEMENT

This Loyalty Program Airpoints Agreement (the Agreement) is made as of between:

Parties

WHEREAS

WHEREAS, Operator administers the loyalty program known as (Program) which issues Airpoints for qualifying activities; and

WHEREAS, Participant desires to enroll and receive Airpoints under the Program and to establish the rights and obligations of the parties with respect to issuance, accrual, redemption, transfer and accounting of Airpoints; and

WHEREAS, Operator and Participant desire to set forth the terms governing the maintenance of the Participant's Airpoints account and related services;

Scope of Work

Operator shall provide the services described below in connection with the Program, including but not limited to issuance and tracking of Airpoints, account maintenance, statements and redemption processing in accordance with this Agreement and the Program rules.

Loyalty Account Details

Payment Terms

In consideration for Operator's services under this Agreement, Participant shall pay Operator the fees set forth below. All amounts are payable in lawful currency and are exclusive of any taxes unless otherwise stated.

If Participant fails to pay any undisputed amount when due, Operator may suspend account services and withhold issuance or redemption of Airpoints until all amounts due, including late fees and collection costs, are paid in full.

Term and Termination

This Agreement commences on and, unless earlier terminated in accordance with this Agreement, continues until .

Either party may terminate this Agreement for convenience upon days' prior written notice. Either party may terminate immediately for material breach that remains uncured for 15 days after written notice of such breach or immediately for insolvency or unlawful conduct affecting program integrity.

Confidentiality

Each party (Recipient) shall keep confidential all non-public information disclosed by the other party (Discloser) that is marked or reasonably understood to be confidential, including account holder data and transaction records. Confidential information shall not be used except to perform obligations under this Agreement. Recipient shall protect Confidential Information with reasonable care and shall not disclose it to third parties except to employees, contractors or affiliates who need access and are bound by confidentiality obligations at least as protective as those herein. Confidentiality obligations survive termination for three (3) years, or longer if required by applicable privacy law.

Data Use and Privacy

Participant authorizes Operator to collect, use, store and disclose Participant data to administer the Program, to process points accrual and redemptions, and as required by law. Operator shall process personal data in accordance with applicable data protection laws and shall implement reasonable technical and organizational measures to protect such data.

I confirm that I consent to the collection, use and disclosure of my personal data as set out above and in the Program rules.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of without regard to conflicts of law principles.

Representations, Warranties and Liability

Each party represents that it has full power and authority to enter into this Agreement. Operator warrants that it will perform services using reasonable skill and care. Except for wilful misconduct or gross negligence, neither party shall be liable for indirect, incidental or consequential damages. Operator's aggregate liability shall not exceed the fees paid by Participant in the preceding twelve (12) months.

Entire Agreement

This Agreement, together with the Program rules and any exhibits or schedules expressly incorporated, constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior negotiations, proposals or agreements, whether written or oral. Any amendment must be in writing and signed by both parties.

Certification

The undersigned certifies that the information provided in this form is true and correct, that they are authorized to enter into this Agreement on behalf of the party they represent, and that they accept and agree to be bound by the terms set forth herein.

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