Affiliate program operating contract
Updated: 18 October 2021
This Affiliate Program Operating Agreement (“Operating Agreement”) contains the terms and conditions that govern your participation in the Affiliate Program (the “Program”). “We”, “us” or “our” means GoAffPro.com and the Partner's website. “You” or “your” refers to the Affiliate. A "site" means a website. “Partner Site” means the e-commerce / retail partner using goaffpro affiliate tracking software. "Your site" means any site (s), software application (s) and mobile application (as defined below) that you link to the partner site. “Advertising Fee” means the commissions earned for a successful and verified sale of a product on the partner site by a customer using your referral link.
BY CHECKING THE BOX INDICTING THAT YOU ACCEPT THE TERMS AND CONDITIONS OF THIS OPERATION AGREEMENT, OR BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING OUR PUBLICATION OF A CHANGE NOTICE, REVISED OPERATION AGREEMENT OR OF REVISED OPERATIONAL DOCUMENTATION ON THE PARTNER'S SITE, YOU (ONE) AGREE TO BE BOUND BY THIS OPERATION AGREEMENT; (B) ACKNOWLEDGE AND ACCEPT THAT YOU HAVE INDEPENDENTLY ASSESSED THE NEED TO PARTICIPATE IN THE PROGRAM AND DO NOT RELY ON ANY REPRESENTATIONS, WARRANTIES OR REPRESENTATIONS OTHER THAN AS EXPRESSLY DEFINED IN THIS AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LEGALLY CAPABLE OF ENTERING INTO CONTRACTS (FOR EXAMPLE, YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN ACCORDANCE WITH THIS OPERATING AGREEMENT. FURTHER, IF THIS OPERATION AGREEMENT IS ACCEPTED BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON ACCEPTING THIS OPERATION AGREEMENT ON BEHALF OF THIS COMPANY OR ENTITY DECLARES AND WARRANTS THAT SHE IS AUTHORIZED AND LEGALLY ENTITY TO THIS OPERATING AGREEMENT.
Description of the program
The purpose of the program is to enable you to advertise the products on your site and earn advertising fees OR commissions for qualifying purchases (defined in section 7) made by your end users. A “product” is any item sold on the Partner's website, other than any product explicitly defined as an Excluded Product herein (collectively, “Excluded Products”). The product may also include certain services, if any, expressly included in the affiliate program commission schedule. In order to facilitate your advertising of the Products, we may make available to you data, images, text, link formats, widgets, links and other linking tools, as well as other information relating to the Program ("Content"). The content specifically excludes all data, images, text or other information or content relating to the products offered on any site other than the partner site.
To begin the registration process, you must submit a complete and accurate program application. You must identify your site in your application. We will evaluate your application and notify you of its acceptance or rejection. We may reject your application at our sole discretion, including if we determine that your site is unsuitable. Inappropriate sites include those that:
(a) promote or contain sexually explicit material;
(b) promote violence or contain violent material;
(c) promote or contain defamatory or defamatory content;
(d) promote discrimination or employ discriminatory practices based on race, sex, religion, nationality, disability, sexual orientation or age;
(e) promote or undertake illegal activities;
(f) include any trademark of GoAffPro, its partner sites or its affiliates, or a variation or misspelling of a mark of GoAffPro, its partner sites or its affiliates, in any name of domain, subdomain name, or in any user name, group name, or other identifier on a social networking site; Where
(g) otherwise violate intellectual property rights.
If we reject your application, you are welcome to reapply at any time. However, if we accept your application and later determine that your site is not suitable, we may terminate this operating agreement at any time in our sole discretion.
You will ensure that the information contained in your program application and otherwise associated with your account, including your email address and other contact information and your site identification, is at all times complete, accurate and up to date. We may send notices (if any), approvals (if any), and other communications relating to the Program and this Operating Agreement to the email address then currently associated with your Program account. 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 account is out of date.
Links on your site
After being notified that you have been accepted into the program, you can post special links on your site. "Special links" are links to the partner site that you place on your site in accordance with this operating agreement, which correctly use the special "tagged" link formats that we provide and which comply with the linkage requirements of the program. Affiliate Special Links allow accurate tracking, reporting and accumulation of advertising costs.
You can only earn advertising costs as described in section 7 and only with respect to activity on the partner site occurring directly through special links. We will be under no obligation to pay you advertising costs if you do not properly format the links on your site to the partner site as special links, including to the extent that such failure may result in reduced amounts of costs. advertising costs that would otherwise be paid. to you under this operating agreement.
If you want to include special links in a software application designed and intended for use on mobile phones, tablets or other portable devices (“mobile application”), you must include the name of the mobile application and the link to your mobile application in your program application. The adequacy and other requirements of this Section 3 and the Mobile Application Policy will apply to Mobile Applications. We will evaluate your application and notify you of its acceptance or rejection. An Accepted Mobile Application will be an “Approved Mobile Application” for the purposes of this Agreement.
Special links displayed in approved mobile applications may be served by Affiliate API or Partner API (“Affiliate API”) or Product Advertising API, including special links displayed in a web browser integrated and must use the Affiliate ID that we have assigned to you expressly for your approved mobile applications.
By participating in the Program, you agree to abide by the Terms of Participation in the Affiliate Program and all pages, calendars, policies, guidelines and other documents and materials referenced in this Operating Agreement (collectively, "Operational Documentation" ).
You will provide us with any information we request to verify your compliance with this operating agreement or any operational documentation. If we determine that you have not complied with any requirement or restriction described on the Associates Program Terms and Conditions page or any other operational documentation or that you have otherwise violated this Operating Agreement, we may (by plus any other right or remedy available to us): (a) withhold any advertising costs due to you under this Operating Agreement; (b) close any other account you may have or open in the future, without paying any advertising costs; (c) terminate this operating agreement ,; or (d) take all of the above actions. In addition, you hereby consent to us:
send you program-related emails from time to time;
monitor, record, use and disclose information about your site and the visitors to your site that we obtain in connection with your posting of special links (for example, that a particular customer clicked on a special link on your site before purchase a product on the Partner Site) in accordance with the privacy notice; and
monitor, explore and investigate your site to verify compliance with this operating agreement and operational documentation.
5. Responsibility for your site
You will be solely responsible for your site, including its development, operation and maintenance, as well as all elements that appear or appear there. For example, you will be solely responsible for:
the technical operation of your site and all associated equipment;
post special links and content on your site in accordance with this Operating Agreement and the Operational Documentation and any agreement between you and any other person or entity (including any restrictions or requirements imposed on you by any person or entity that hosts your site);
create and publish, and ensure the accuracy, completeness and relevance of materials posted on your site (including all product descriptions and other product-related materials and any information you include or associate with special links);
using the content, your site and the material on or within your site in a manner that does not violate, infringe or derive any of our rights or those of any other person or entity (including copyrights, trademarks trade, confidentiality, publicity or other intellectual property or property rights);
use the content, your site and the material on or within your site in a manner that is not harmful, harassing, profane, defamatory, obscene, pornographic, pedophile, defamatory or otherwise in any way;
We will process product orders from customers who follow special links from your site to the partner site. We reserve the right to reject orders that do not meet the requirements of the partner site, as they may be updated from time to time. We will track qualifying purchases (defined in Section 7) for reporting and advertising expense accumulation purposes and make available to you reports summarizing those qualifying purchases.
We will pay you an advertising fee on Qualifying Purchases in accordance with Section 8 and the Affiliate Program Commission Schedule. In the event that an overpayment is made to you for any reason, we reserve the right to adjust or offset it against any subsequent advertising costs payable to you under this Operating Agreement. Subject to the exclusions set out below, a “Qualifying Purchase” occurs when (a) a customer clicks through a special link on your site to the partner site; (b) during a single session, the customer adds a product to his basket and places the order for this product no later than 89 days after the customer's initial click; or (c) the product is shipped and paid for by the customer.
A “Session” begins when a customer clicks through a special link on your site to the partner site and ends at the earliest of the following: (x) 24 hours have passed from that click; (y) the customer places an order for a product; or (z) the customer follows a special link to the partner site which is not your special link.
Qualifying purchases exclude, and we will not pay advertising fees for any of the following:
any Product which, after the expiration of the applicable Session, is added to a customer's cart, or is streamed or downloaded by a customer, even if the customer has previously followed a special link from your site to the partner site;
any product purchase that is not properly tracked or reported because the links from your site to the partner site are not properly formatted;
any product purchased through a special link by you or on your behalf, including products that you purchase through special links for yourself, friends, relatives or associates (e.g. personal orders, orders for your own use and orders placed by you for or on behalf of any other person or entity);
any product purchased for resale or commercial use of any kind;
any product purchased after the termination of this operating agreement;
any product order for which a cancellation, return or refund has been initiated; and
any Product purchased by a customer who is referred to the partner site by one of the following:
a prohibited paid search location; Where
a link to the partner site, including a redirect link, which is generated or displayed on a search engine in response to a general internet search query or keyword (i.e. in results natural, free, organic, or unpaid), whether those links appear when submitting data to this site or otherwise.
any qualifying purchase in which you have offered any person or entity consideration or inducement (including any amount of money, rebate, rebate, points, donation to charity or other organization, or other benefit) for the use of special links (for example, by implementing "rewards") or loyalty program that entices people or entities to visit the partner site through your special links).
any Product purchased through a special link in a mobile application that was not an approved mobile application or where the special link in an approved mobile application was not served by the AMA API, Product Advertising API or 'other liaison tools that we make available to you.
any qualifying purchase, which takes place in India, made through a mobile device or tablet in which:
the partner site's mobile application is preloaded by the original equipment manufacturer (“OEM”) on the device or tablet; Where
the partner site's mobile application is installed through a maintenance release or firmware update or firmware-based notifications sent by the OEM or the notification partner; Where
the partner site's mobile app is installed from a source other than Google Play Store or iOS App Store
“Forbidden Paid Search Location” means an advertisement that you have purchased by bidding on keywords, search terms or other identifiers (including proprietary terms) or other participation in keyword auctions. "Proprietary Term" means keywords, search terms, or other identifiers that include the word "goaffpro", or any other trademark of GoAffPro or its affiliates, or variations or misspellings of it 'one of these words (eg, "goaffpor"). "Redirect link" means a link that directs users indirectly to the partner site through an intermediary site or web page and without requiring the user to click on a link or take any other positive action on that site or that website. intermediate web page. “Search engine” means Google, Yahoo, Bing or any other search engine, portal, sponsored advertising service or other search or referral service, or any site that participates in one of their respective networks.
Payment of advertising costs
We will pay you an advertising fee on a monthly basis for qualifying purchases shipped, streamed or downloaded (as applicable) in any given month, subject to any applicable withholding or deduction described below. We will pay you approximately 60 days after the end of each calendar month, but we may accumulate and withhold advertising costs until the total amount owed to you is at least INR 1000 in case of NEFT transfer.
Advertising charges payable to you include all taxes, including applicable service tax or goods and services tax or any other tax or levy that you may be required to pay in connection with such services for which you issue a valid invoice under the applicable law (s) and regulations and declare it in the declarations within the prescribed period so that the Partner Site can take an input tax credit of the taxes paid. You agree to comply with any of the applicable provisions of this law, including, but not limited to:
timely issuance of GST compliant invoices;
make invoices available to the partner site;
periodically file applicable taxes; and
report them correctly to the government under tax laws.
If at any time the tax credit is refused or the payment of taxes is requested from the partner site or GoAffPro, due to, but not limited to, the issuance of a defective invoice, non-payment taxes, improper reporting in returns filed or not in accordance with applicable laws and regulations by you, you must indemnify the partner site and GoAffPro against any refused credit or any recovered tax as well as any interest and penalties imposed on the partner site and GoAffPro. If required by applicable Indian tax law, we may deduct or withhold taxes, levies or any similar amount from advertising costs owed to you. If you are an Indian resident, any advertising fees owed to you will be subject to withholding income tax at the rate provided by applicable law. If you are not an Indian resident or have not provided us with your PAN (Permanent Account Number), the withholding tax rate applicable to you will vary. In addition, if you are a non-resident, you agree to provide the necessary documentation, if any, for the partner site and GoAffPro to comply with any report or obligation regarding advertising costs owed to you. If we deduct or withhold taxes on advertising costs owed to you, we will issue to you the relevant withholding certificate, if required under applicable law, attesting to the filing of taxes with the relevant regulatory authorities (for non-residents, this is subject to relevant documents made available). If you provide us with a zero or reduced withholding tax certificate, we will apply a zero or reduced tax rate as the applicable withholding tax rate on advertising costs owed to you. You hereby agree not to pursue any claim against P or any of its affiliates, and hereby waive any such claims you may have now or in the future, with respect to taxes on partner sites. and GoAffPro filings with a competent tax authority in accordance with this Operating Agreement.
Policies and prices
Customers who purchase products under this program are customers of the partner site for all activities they undertake in connection with the partner site. Accordingly, between you and us, all prices, conditions of sale, rules, policies and operating procedures regarding customer orders, customer service and product sales set forth on the partner site will apply to such customers, and the same can be changed. at any time.
Identify yourself as an associate
You will not issue any press releases or make any other public communication regarding this Operating Agreement, your use of the Content, or your participation in the Program. You will not represent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse or contribute to any charity or other cause), nor express or imply any relationship or affiliation between us and you or any other person or entity, except as expressly permitted by this operating agreement. You should, however, clearly state the following on your site: "[Insert your name] is a participant in the GoAffPro Affiliate Program, an affiliate advertising program designed to provide sites with a means of earning advertising costs by making advertising and building relationships with the partner. site"
Subject to the terms of this operating agreement and only for the limited purpose of advertising the products on the partner site and directing end users to the partner site in connection with the program, we hereby grant you a limited license, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to (a) copy and display content only on your site; and (b) use only those of our trademarks and logos that we may make available to you as part of the Content (such trademarks and logos, collectively, “GoAffPro Trademarks”) only on your site and in accordance with the Trademark Guidelines filed from the affiliate program
All licenses set forth in this Section 11 will be immediately and automatically terminated if at any time you fail to timely comply with any obligation under this Operating Agreement or any Operational Documentation, or otherwise upon termination. of this operating agreement. In addition, we may terminate the license set forth in this Section 11 in whole or in part upon written notice to you. You will promptly remove from your site and remove or otherwise destroy all content and GoAffPro trademarks in respect of which the license set forth in this Section 11 is terminated or as we may request from time to time.
Associates Program IP License ("License")
By accepting the Operating Agreement, or accessing or using Product Advertising Content (as defined below), including proprietary application programming interfaces and other tools (collectively, the " API PA ”) which allow you to access and use certain types of data, images, texts and other information and content relating to products (“ Product Advertising Content ”) that we may make available to you, you agree to be bound by this License.
Subject to the terms of this License and only for the limited purposes of participating in the Associates Program in strict accordance with the Operating Agreement (including this License and other Operational Documentation), we hereby grant you a limited, revocable contract. , non-transferable, unlicensed, non-exclusive, royalty-free license to: (a) copy and display the advertising content produced solely on your site; (b) use only those GoAffPro brands that we make available to you as part of product advertising content, only on your site and in accordance with the Associates Program Trademark guidelines, except as otherwise provided in this Operating Agreement, and (c) access and use the PA API, data feed and advertising content produced only in accordance with the specifications and this license.
Reservation of rights; Submissions
Except for the limited licenses expressly set forth in Section 11, we reserve all rights, title and interest (including all intellectual property and proprietary rights) in and to, and you do not, under this Agreement. operating or license below otherwise, acquire any ownership interest or rights in or to, the program, special links, link formats, content, PA API, data feeds, product advertising content, any domain name owned or operated by us, information and material on any partner site or associated Site, our and our affiliate brands and logos (including GoAffPro trademarks), and any other property intellectual property and technology that we provide or use in connection with the Program (including application program interfaces, software development kits, libraries, sample code, and related material).
If you provide us or any of our affiliates with any suggestions, reviews, changes, data, images, text or other information or content about any product or in connection with this Operating Agreement, any Content, or your participation in the Program, or if you modify any Content in any way (collectively, "your Submission"), you hereby irrevocably cede all rights, title and interest in your Submission to us and we grant (even if you have designated your Submission as confidential) a perpetual, royalty-free, non-exclusive, worldwide, irrevocable, and freely transferable right and license to (a) use, reproduce, perform, display and distribute Your Submission in any way. way either; (b) adapt, modify, reformat and create derivative works of your submission for any purpose; (c) use and publish your name as a credit in conjunction with your submission (however, we will be under no obligation to do so); and (d) sublicense the above rights to any other person or entity. Further, you hereby warrant that: (y) your submission is your original work, or you have obtained your submission in a legal manner; and (z) the exercise of our rights and those of our sublicensees under the above license will not infringe the rights of any person or entity, including copyright. You agree to provide us with any assistance we may require in documenting, refining or maintaining our rights in and over your submission.
Compliance with laws
As part of your participation in the program, you will comply with all applicable laws of India including, but not limited to, ordinances, rules, regulations, orders, licenses, permits, judgments, rulings and the like. requirements of any government authority that has jurisdiction over you.
Duration and termination
The term of this operating agreement will begin upon our acceptance of your program request and end when you or we terminate it. Either you or we may terminate this Operating Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon termination of this Operating Agreement, all licenses you have in relation to the Content will automatically terminate and you will immediately cease using the Content and the GoAffPro Marks and promptly remove from your site and remove or otherwise destroy all links. to the Partner Site, all GoAffPro trademarks, other content and materials provided or made available to you by or on your behalf under this operating agreement or otherwise in connection with the program. We may withhold any unpaid advertising charges accrued for a reasonable period after termination to ensure that the correct amount is paid (for example, to account for cancellations or returns). Upon termination of this Operating Agreement, all rights and obligations of the parties will be extinguished, except that the rights and obligations of the parties under Articles 5, 9, 10, 12, 13, 14, 16, 17, 18 , 19, and 20, and all accrued but unpaid payment obligations on our part under this Operating Agreement, shall survive termination of this Operating Agreement. No termination of this operating agreement shall release either party from any liability for any breach or liability resulting from this operating agreement prior to termination.
We may change the terms and conditions contained in this Operating Agreement (and any Operational Documentation) at any time and in our sole discretion by posting a Notice of Change, Revised Agreement, or Revised Operational Documentation on the Partner Site or by posting sending notice of such change by email to the email address then currently associated with your Associates account (any changes by email will be effective on the date specified in that email and will in no case be less than two working days after the date the email is sent). Changes may include, for example, changes to the Associates Program Advertising Fee Schedule, Associates Program Terms of Participation, Payment Procedures, and other Program Requirements. IF ANY CHANGE IS UNACCEPTABLE TO YOU, YOUR SOLE REMEDY IS TO TERMINATE THIS OPERATION AGREEMENT. YOUR CONTINUING PARTICIPATION IN THE PROGRAM FOLLOWING THE EFFECTIVE DATE OF ANY MODIFICATION (FOR EXAMPLE, THE DATE OF OUR PUBLICATION OF A CHANGE NOTICE, A REVISED OPERATING CONTRACT OR REVISED OPERATIONAL DOCUMENTATION ON THE PARTNER SITE OR THE DATE STATED IN ANY EMAIL TO YOU CONCERNING SUCH CHANGE) WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
Relationship of the parties
You and we are independent contractors, and nothing in this Operating Agreement or the Operational Documentation will create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our affiliates. respective. You will have no authority to make or accept any offers or representations on our behalf or on behalf of our affiliates. You will not make any statement, whether on your site or otherwise, that contradicts or could contradict anything in this section. If you authorize, aid, abet or assist any other person or entity to take any action related to the subject matter of this Operating Agreement, you will be deemed to have taken the action yourself.
Limitation of liability
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA) ARISING IN CONNECTION WITH THIS OPERATION AGREEMENT, THE PROGRAM, THE PROGRAM THE OPERATIONAL DOCUMENTATION, THE PARTNER SITE, THE GOAFFPRO SITE OR THE SERVICE OFFERS (DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR OVERALL LIABILITY ARISING FROM THIS OPERATION AGREEMENT, THE PROGRAM, THE PARTNER SITE, THE GOAFFPRO SITE AND THE SERVICE OFFERS WILL NOT EXCEED THE TOTAL ADVERTISING FEES PAID OR PAYABLE UNDER THIS OPERATION AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE MOST RECENT LIABILITY CLAIM OCCURRED.
THE PROGRAM, THE GOAFFPRO SITE, THE PARTNER SITE, ALL PRODUCTS AND SERVICES OFFERED ON THE PARTNER SITE, ANY SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, GOAFFPRO.COM DOMAIN NAME AND BRANDS AND LOGOS OF OUR AFFILIATES (Y INCLUDING THE GOAFFPRO BRANDS)), AND ALL TECHNOLOGIES, SOFTWARE, FUNCTIONS, HARDWARE, DATA, IMAGES, TEXT AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE “SERVICE OFFERS”) ARE PROVIDED “AS IS”. NEITHER WE NOR OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, LEGAL OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ANY WARRANTIES RELATING TO THE OFFERS OF SERVICE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT , NON-INFRINGEMENT, ANY WARRANTIES ARISING FROM ANY COURSE OF USE, PERFORMANCE, OR COMMERCIAL USE. WE MAY DISCONTINUE ANY OFFERING OF SERVICE OR CHANGE THE NATURE, CHARACTERISTICS, FUNCTIONS, SCOPE OR OPERATION OF ANY OFFERING OF SERVICE, AT ANY TIME AND FROM TIME TO TIME IN OUR SOLE DISCRETION. NEITHER WE NOR OUR AFFILIATES OR LICENSORS GUARANTEE THAT THE SERVICE OFFERS WILL CONTINUE TO BE PROVIDED, OPERATE AS DESCRIBED, CONSTANTLY OR IN ANY SPECIAL MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE. NEITHER WE NOR OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE (A) FOR ANY ERRORS, INACCURACIES OR INTERRUPTIONS IN SERVICE, INCLUDING POWER OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS OR MODIFICATION, OR DELETION, DESTRUCTION, DAMAGE OR LOSS OF YOUR SITE OR ANY DATA, IMAGE, TEXT OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM, THE CONTENT, THE OPERATIONAL DOCUMENTATION, THE GOAFFPRO SITE OR THE AFFILIATE PROGRAM SITE WILL CREATE ANY WARRANTIES NOT EXPRESSLY STATED HEREIN. OPERATING. FURTHERMORE, NEITHER WE NOR OUR AFFILIATES OR LICENSORS SHALL BE LIABLE FOR ANY REMUNERATION, REIMBURSEMENT OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOST PROFITS OR PROSPECTIVE REVENUES, EARLY SALES, GOOD WILL OR OTHERWISE BENEFITS, (OR) INVESTMENTS, EXPENSES OR COMMITMENTS BY YOU IN CONNECTION WITH THIS OPERATION AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY TERMINATION OF THIS OPERATION AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM.
Applicable law and disputes
This operating agreement will be governed by the laws of the Republic of India without regard to the principle of conflict of laws. The courts of [Haryana] shall have exclusive jurisdiction over any dispute relating to or arising in any way from the matter falling within the scope of the Program or this Operating Agreement.
Notwithstanding anything to the contrary in this Operating Agreement, we may seek injunction or other remedy in any court of competent jurisdiction for any actual or suspected violation of our intellectual property or proprietary rights or of any other person or entity. You further acknowledge and agree that our rights in the content are special, unique and extraordinary, giving them special value, the loss of which cannot be easily estimated or adequately compensated in monetary damages.
You acknowledge and agree that we and our affiliates may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this operating agreement or operate sites similar to or in competition with your site. . You may not assign this operating agreement, by operation of law or otherwise, without our prior express written permission. Subject to this restriction, this Operating Agreement shall be binding, shall apply for the benefit of and shall be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Operating Agreement will not constitute a waiver of our right to subsequently enforce that provision or any other provision of this Operating Agreement. In the event of a conflict between this Operating Agreement and the Operational Documentation, the Affiliate Program Excluded Products page will control this Operating Agreement, which will control the rest of the Operational Documentation. When used in this operating agreement, the terms "include (s)", "including", "for example" and "for example" mean respectively "include (s), without limitation", "including , without limitation, "" For example, without limitation "and" for example, without limitation ". Any decisions or updates we may make, any actions we may take and any approvals we may give under this Operating Agreement may be made, taken or given in our sole discretion. Any information relating to us or our affiliates provided by us under the operating agreement that is not known to the general public is considered (“Confidential Information”). You agree that: (a) all confidential information will remain the sole property of GoAffPro; (b) you will only use the Confidential Information to the extent reasonably necessary for your performance under the Operation Agreement and you will ensure that persons who have access to the Confidential Information are informed and comply with the obligations of this provision; and (c) you will not disclose any confidential information to any individual, company or other third party (other than your affiliates). You agree that we may, in our sole discretion, disclose or make available any information provided or submitted by you or relating to your performance under this Operating Agreement to any judicial, quasi-judicial, governmental, regulatory or other authority. authority that may be required. by us to cooperate and / or comply with any of their orders, instructions or instructions or to meet any requirement under applicable laws. You represent and warrant that you and your financial institution (s) are not subject to any sanctions or otherwise named on a list of prohibited or restricted parties or owned or controlled by such party, including, but not limited to lists maintained by the United Nations.
MOBILE APPLICATION POLICY
These mobile guidelines (“mobile guidelines”) apply to your inclusion of special links in your approved mobile application. "We", "us" or "our" means GoAffPro.com, its partner sites or one of its affiliates, as the case may be. “You” means the user agent of the associated account associated with the approved mobile application. All capitalized terms used below that are not defined on this page have the meanings given to them in the Operating Agreement. Strict adherence to these mobile guidelines is required at all times, and any violation of these mobile guidelines will automatically terminate the operating agreement.
Your mobile application:
must be free to download and all referral links must be accessible without paying for access;
must have original content;
must not emulate the functionality of our partner site's shopping app (if applicable);
must not have a price tracking and / or price alert function unless approved by GoAffPro or its partner site in writing;
Must not host or display partner site web pages in WebViews.
We may change this mobile app policy at any time and in our sole discretion by posting a notice of change or a revised or revised mobile app policy on GoAffPro or the partner site. IF ANY CHANGE IS UNACCEPTABLE TO YOU, YOUR SOLE REMEDY IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM. YOUR CONTINUING INCLUSION OF SPECIAL LINKS IN YOUR APPROVED MOBILE APPLICATION FOLLOWING OUR POSTING OF A CHANGE NOTICE OR REVISED MOBILE APPLICATION POLICY ON THE PARTNER SITE WILL CONSTITUTE YOUR MANDATORY ACCEPTANCE OF THE CHANGE.
We reserve the right, exercisable in our sole discretion, to take appropriate action against any unauthorized use or any use that does not comply with this mobile app policy.