Affiliate Agreement
This agreement (“Agreement”)
describes the terms and conditions for participation in the (Top5gadgetswala.blogspot.com
By Freelancer Gaurav Thakur) Affiliate Program. The terms “Affiliate,” “you,”
and “your” are referring to Amazon Affiliate Program, the person who is
applying to participate in our affiliate program. “We” and “our” refer to (Top5gadgetswala.blogspot.com
By Freelancer Gaurav Thakur).
You and we are independent
parties and you agree that this Agreement shall not create any form of
partnership or employer-employee relationship between us. If you are accepting
this Agreement on behalf of another person or a company, you agree that you
have authority to bind them.
REGISTRATION AND USE
To be eligible to participate
as an affiliate, you must be at least eighteen (18) years old, and have a valid
tax ID or social security number. If you are in the United States you must
complete a W9 form or its equivalent in your country. During the registration
process you may be asked to provide certain information. In providing this
information you represent and agree that all information is, and will remain,
truthful and current.
We reserve the right to determine
whether you are eligible or terminate your participation with us at any time,
without notice. We reserve the right to terminate your account at any time
without notice or reason, but specifically we may do so if you or your site
violates any term of this Agreement or any applicable law. Termination of your
account for breach or violation of law may include forfeiture of any
compensation owed and disgorgement of any already paid.
AGREEMENT DURATION AND
TERMINATION
This Agreement will begin upon
our acceptance of your affiliate application and will end when terminated by
either party, but we may terminate this agreement at any time, without notice,
for your breach or violation of law.
Termination may occur at any
time, with or without cause, by giving the other party written notice of the
termination in accordance with this Agreement. Once the Agreement is
terminated, you will immediately cease your participation with the site, remove
any offers, content, links or creative that has been provided to you by us or
our advertisers. Once terminated you will forfeit any rights to any
compensation from the date of termination.
We may also reject any
application if you are from a state that currently imposes a tax on the sale of
goods or services by affiliates (i.e. nexus tax) and the advertiser does not
wish to promote its products in that state through you.
MODIFICATION
We may modify any of the terms
and conditions within this Agreement at any time and at our sole discretion,
regardless of the dissimilarity that may occur between the amended version of
the Agreement and the original version. These modifications may include, but
are not limited to, changes in the scope of available referral fees, fee
schedules, payment procedures and rules relating to our affiliate program. If
any of the modifications are unacceptable to you, you must immediately
terminate this Agreement and notify us of such notification; you must not
continue participating in the affiliate program. By continuing to participate
in the program following the
posting
of a Change Notice or amendments to this Agreement, you are indicating that you
accept the modifications and agree to comply with them.
COMMISSION FEES
The schedule for you to receive
compensation is based on the occurrence of a valid event, which is governed by
the terms of the offer and its requirements. We reserve the right, in our sole
discretion, to determine the validity of any event that would lead to
compensation to you. Furthermore, we will have no obligation to pay for invalid
actions or if the advertiser(s) fails to remit payment.
Depending on the particular
offer, your compensation may be based on (PERCENTGE AS DESIDED BY AMAZON
AFFILATE PROGRAM FOR DIFFERENT PRODUCTS & CATEGORIES ) % of the gross
revenue or Rs.____._ per sale as a commission from the particular valid action
that would trigger compensation to you (i.e. orders placed through your
Affiliate Site). You will only be paid for legitimate compensation that was
earned, which is determined by us in our sole discretion. Payment will be made
by an approved method that will be posted on the site, and in U.S. Dollars
unless otherwise agreed to by both parties in writing. You will be paid only
once you have reached a payment threshold of at least Rs.50.00USD (or another
number agreed in writing by both parties) and paid on terms of a schedule of
___________days after the last day of the calendar month or another time frame
which has been agreed upon in writing by both parties.
(Amazon Affiliate Program)
For a sale to generate a
commission to an Affiliate, the customer must complete the order form, remit
full payment for the service ordered, and have their installation completed.
You will receive ______% for orders placed through the Affiliate Sites of those
sub-Affiliates which you have sponsored into the __________ Affiliate Program.
Affiliate commissions will only be paid on sales which are made through
qualified Affiliates.
Compensation can only be earned
between the acceptance of the Affiliate application and notice of termination.
Fees will be paid on the first day of each month by (Top5gadgetswala.blogspot.com
By Freelancer Gaurav thakur). Any returned checks, chargebacks, or fees from a
returned order will be adjusted in the following fee payment. If no fee payment
is due, a billing invoice for the amount will be issued.
Affiliates must have an active
link on their website. In order to qualify for commissions on sub-affiliate
sales in any given month, an affiliate must personally sell at least one order
during that month. Affiliate will also be responsible for all taxes and fees
that they may incur.
ORDER PROCESSING
(Top5gadgetswala.blogspot.com
By Freelancer Gaurav Thakur) will be solely responsible for processing every
order placed by a customer on the Affiliate and sub-affiliate sites. Customers
who purchase products and services through the (Top5gadgetswala.blogspot.com By
Freelancer Gaurav Thakur) will be deemed to be customers of (Top5gadgetswala.blogspot.com
By Freelancer Gaurav Thakur). Prices and availability of our products and
services may vary from time to time. (Top5gadgetswala.blogspot.com By
Freelancer Gaurav thakur) policies will always determine the price paid by the
customer. We reserve the right to reject any order that does not comply with
our rules, operating procedures and policies.
WEBSITE RESTRICTIONS
As stated above, your
eligibility to participate depends on several things including how you promote
the products or services. (Top5gadgetswala.blogspot.com By Freelancer Gaurav
Thakur) reserves the right, in its sole discretion and without explanation to
you, to reject your participation in the (Top5gadgetswala.blogspot.com By
Freelancer Gaurav Thakur) based on site content. For example, Sites that do not
qualify for the (Top5gadgetswala.blogspot.com By Freelancer Gaurav Thakur)
Affiliate Program include, but are not limited to, sites that:
-Are X- rated and promote sexually explicit materials
-Promote violence and discord.
-Promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation, or age
-Promote illegal or questionable activities
-Violate intellectual property rights or other rights
of third parties
– Sites that use spyware, malware, or adware
– Sites that collect personal information about
visitors without their knowledge
– Sites that iframe any offer
– Sites that impersonate any person or give the
impression that the Site is endorsed by any particular person
– Sites that are unable to direct reasonable amounts
of traffic
– Sites that are under construction
– Sites that require a login/password, unless approved
by us
– Sites that contain exit pops or ghost pixel firing
– Sites that use fake news stories or are created in a
way to resemble a news site (flogs, farticles)
-Violate any law of any applicable jurisdiction
-Would otherwise bring our (Top5gadgetswala.blogspot.com
By Freelancer Gaurav Thakur) Affiliate Program into disrepute
We reserve the sole right to
determine whether your website is disqualified from our program due to the
above restrictions.
FRAUD
You must not under any
circumstances engage in fraudulent, unfair, or deceptive practices when
participating in our (Top5gadgetswala.blogspot.com By Freelancer Gaurav Thakur).
This includes, but is not limited to, the practice commonly known as “cookie
stuffing,” offering non-existent incentives as a reward for purchasing items,
or any other fraudulent, unfair, or deceptive practice. We reserve the right to
determine, in our sole discretion, whether you or your site has utilized any
fraudulent method or is engaging in deceptive tactics. We may suspend or
terminate your account if we have any reason to believe that you are committing
fraud or deceit and at any time, in our sole discretion. If your account is
suspended or terminated for fraud you will forgo any rights to compensation
both paid, and unpaid.
SPAM (UCE)
Unsolicited Commercial E-mail –
(Top5gadgetswala.blogspot.com By Freelancer Gaurav thakur) in no way
participates in mass unsolicited e-mailing (i.e. spamming), and all Affiliates
are expected not to do anything that would violate this policy. Violation of
this policy will result in the termination of the
Agreement
and immediate dismissal from the (Top5gadgetswala.blogspot.com By Freelancer Gaurav
Thakur) Affiliate Program, with no refund or payments made for affiliate
commissions earned.
DATA AND INTELECTUAL
PROPERTY
Once you are approved, and so
long as you remain eligible, you are granted a non-exclusive, revocable,
limited non-transferable license to use materials that are provided to you by
us or an advertiser for a particular offer. You do not have any intellectual
property rights in any of those materials. Furthermore, any data that is
collected or generated through your efforts, use, or participation are deemed
to be confidential information of our company and become wholly owned by us.
This information is proprietary
to us, and is considered a trade secret. You will remain responsible for its
accuracy and safeguarding it, which includes not reproducing it or storing it
in unsecure locations. You will not disclose any of this data to anyone outside
of this Agreement and will notify us within two (2) hours if you believe the
data or your site has been compromised. You will be liable to us for any
claims, whether brought or threatened, that is connected to the use or misuse
of our site or the data.
FORCE MAJEURE
You agree not to hold us liable
for any damages related to issues beyond our control, including but not limited
to, acts of God, war, terrorism, insurrection, riots, criminal activity,
natural disasters, disruption of communications or infrastructure, labor
shortages or disruptions (including unlawful strikes), shortages of materials,
and any other events which are not within our control
INDEMNITY
You agree to indemnify us for
and defend against any actions by third parties related to your participation
in our program. For example, if you violate our anti-spam policy, and we get
sued as a result of your activity, you must indemnify us for the damages and
legal fees that you cause us to incur.
DISCLAIMER
We make no express or implied
warranties or representations with respect to the Affiliate Program or your
potential to earn income from the (Top5gadgetswala.blogspot.com By Freelancer Gaurav
Thakur) Affiliate Program. In addition, we make no representation that the
operation of our site or the Affiliate Sites will be uninterrupted or
error-free, and we will not be liable for the consequences of any interruptions
or down time. We express disclaim all warranties, whether written or oral. We
will not be liable for any damages that you, or any third party, may incur as a
result of your use or misuse of our site or promotion of any offer or loss of
any data. In jurisdictions that limit or do not allow these exclusions our
maximum liability will not exceed any amounts paid to you within the previous
three (3) payment cycles.
MISC.
If any Court strikes down any
provision or sentence of this Agreement the rest shall remain intact and in
full force and effect.
This
Agreement will be governed by the laws applicable in the State of (Insert your
state here), without reference to rules governing conflicts of laws. Any action
relating to this Agreement must be brought in a court of competent jurisdiction
located in (Insert Your City and State Here), or if no such court of competent
jurisdiction exists in that geographical area, then the next closest court
which has jurisdiction to hear the action; you irrevocably consent to the
jurisdiction of these and only these courts. The prevailing party in any
dispute or legal action will be entitled to its reasonable attorneys’ fees and
costs.
You may not assign your rights
or obligations under this Agreement, by operation of law or otherwise, without
our prior written consent. We, however, may assign or transfer our rights and
obligations under this Agreement to a third party where we believe it
appropriate?for example, if we sell our business to a third party. Subject to
that restriction, this Agreement will be binding on, inure to the benefit of,
and enforceable against the parties and their respective successors and
assigns. Our failure to enforce your strict performance of any provision of
this Agreement will not constitute a waiver of our right to subsequently
enforce such provision or any other provision of this Agreement.
By submitting this Affiliate
Agreement form, you acknowledge that you have read this agreement and agree to
all its terms and conditions. You have independently evaluated this program and
are not relying on any representation, guarantee, or statement other than as
set forth in this agreement.
(Optional) you may choose not
to have the following rule with your program.
*Please note that NO COMMISSION
is paid on your original purchase of (Top5gadgetswala.blogspot.com By
Freelancer Gaurav Thakur). In other words you cannot buy from yourself or be
your first purchase for the sole purpose of discounting your own product
purchase.
I have read the terms of this agreement and I accept. Top5gadgetswala.blogspot.com By Gaurav Thakur AT nardave road, kankavli, 416602, sindhudurg, Maharashtra, India