Affiliate Agreement
This agreement
(“Agreement”) describes the terms and conditions for participation in the (quriousstore.com
By Freelancer kishore) 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 (quriousstore.com
By Freelancer kishore). 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 (quriousstore.com
By Freelancer kishore). 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
(quriousstore.com By Freelancer kishore) 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 (quriousstore.com
By Freelancer kishore) will be deemed to be customers of (quriousstore.com By
Freelancer kishore).
Prices and availability of
our products and services may vary from time to time. (quriousstore.com By
Freelancer kishore) 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. (quriousstore.com By
Freelancer kishore) reserves the right, in its sole discretion and without
explanation to you, to reject your participation in the (quriousstore.com By
Freelancer kishore) based on site content. For example, Sites that do not
qualify for the
(katchnow.com By Freelancer Ajeet Singh) 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, articles)
-Violate any law of any applicable jurisdiction
-Would otherwise bring our (quriousstore.com By Freelancer kishore) 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 (quriousstore.com By Freelancer kishore).
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 – (quriousstore.com By Freelancer kishore ) 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 (quriousstore.com By Freelancer kishore) 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 (quriousstore.com
By Freelancer kishore) 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 (quriousstore.com By Freelancer
kishore). 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.
quriousstore.com By
Kishore
support@quriousstore.com