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This Agreement contains the
complete terms and conditions that apply to an individual's or entity's
participation in the Yuvayana Affiliate Program (the "Program"). As
used in this Agreement, "we", "us", or "our" means
Yuvayana Tech and Craft Private Limited or any of our affiliate; parent; or
group companies and our successors and assigns, as the case may be, and
"you" means the applicant. Yuvayana Site means, collectively, the
Yuvayana.org website, the Yuvayana mobile website and the Yuvayana mobile applications.
"Your site" means your website where you will link to the Yuvayana
Site (and which you will identify in your Program application). Save for our
obligation to pay referral fees under Section 4, which may be performed solely
by us, we may cause any of our obligations under this Agreement to be fulfilled
by any of our Affiliates (defined below), on our behalf.
1. Enrollment in the Program
Participation in the Program is
limited to parties that lawfully can enter into and form contracts under applicable
law. For example, you have to be 18 years or above to enroll in this Program.
To begin the enrolment process, you will submit a complete Program Application
via the Yuvayana Site. We will evaluate your application in good faith and will
notify you of its acceptance or rejection. We may reject your application if we
determine (in our sole discretion) that your site is unsuitable for the
Program. Unsuitable sites include, but are not limited to, those that:
1. Advertise affiliate links
through pop-up windows / pop-unders
2. Advertise affiliate links as a
cashback offer (i.e. in terms of Money Transfer. You can provide reward points
in the form of mobile recharge or any gift vouchers kind of thing to your
customers from your side. But you need to mention clearly on your website that
the Gift articles are not provided by Yuvayana.org. And the customer should
contact only you for any queries related to those gift articles which you had
provided to them, not to Yuvayana.org).
3. Advertise misleading/wrong
offers/deals running on Yuvayana
4. Use affiliate links, whether
directly or indirectly, on web sites offering any kind of referral program
with/without payment of fees and/or sites in the nature of multi-level
marketing arrangements
5. Use affiliate links on illegal
audio/video download sites
6. Promote pornography and
sexually explicit materials
7. Promote violence
8. Promote discrimination based
on race, sex, religion, nationality, disability, sexual orientation, or age
9. Promote illegal activities
10. Include any trademark of
Yuvayana.org, or its affiliates, or any variation or misspelling of any
trademark of Yuvayana.org, or its affiliates, in any parent domain name -- for
example, a domain name such as "Yuvayanaauctions.net" would be
unsuitable
11. Include any trademark of
Yuvayana.org, Inc. or its affiliates in any username, group name, or other
identifier on any social networking website
12. Include any colour
combination or layout similar or identical to Yuvayana.org, with the intention
to deceive
13. Use links or URLs which are
not published by the Yuvayana Site or by Yuvayana Affiliate Program.
14. Add products directly to the
customer's cart using scripts or any tools.
15. Are owned by or is
principally maintained/operated by current employees of Yuvayana.
16. Otherwise violate
intellectual property rights.
If we determine that you have not
complied with any requirement or restriction provided in the Program or any
other applicable policies or that you have otherwise violated this Agreement,
we may (in addition to any other rights or remedies available to us) withhold
any fees payable to you under this Agreement, terminate this Agreement, or
both. In addition, you hereby consent to us monitoring, recording, using, and
disclosing information about your site and visitors to your site that we obtain
in connection with your display of Special Links, and monitoring, crawling, and
otherwise investigating your site to verify compliance with this Agreement and
Program.
2. Self Orders / Bulk Orders
Please also note that you may not
purchase products during sessions initiated through the links on your site for
your own use, for resale or commercial use of any kind. This includes orders
for customers or on behalf of customers or orders for products to be used by
you or your friends, relatives, or associates in any manner. The reason behind
this policy is that the Yuvayana Affiliate Program is an advertising program
rather than a discount program. Our goal is to have our affiliates refer new
customers to us in return for referral fees. Affiliates are not eligible for
referral fees when they place orders themselves, or ask people they know to
routinely place orders through their affiliate links so they can earn referral
fees. If you are found in violation of these policies, then Yuvayana has the
right to terminate your registration, as well as revoke all payments linked to
your account, unless you can show that the purchases were genuine.
3.
3.a.Referral Fees
We will pay you referral fees on
certain Product sales to third parties. For a Product sale to be eligible to
earn a referral fee, the customer must click-through a Special Link on your
site to the Yuvayana Site and during a single session, add the Product to his
or her shopping cart. The session begins when the customer clicks through a
Special Link on your site to the Yuvayana Site and ends upon the first to occur
of the following events:
a. 24 hours elapse from the customer's
initial click-through, or
b. the customer places an order for a Product,
or
c. the customer follows a third party link to
the Yuvayana Site that is appended with a different affiliate's tag, or
d. The customer follows a link to the Yuvayana
Site that is appended with Yuvayana's email campaign tag
We will only pay referral fees on
eligible Products after order, payment, and shipping. To permit accurate
tracking, reporting and fee accrual, you must ensure that the Special Links
between your site and the Yuvayana Site are properly formatted. We will not be
liable for paying referral fees on purchases that are not correctly tracked and
reported because the links between your site and the Yuvayana Site are not
properly formatted. We will not, however, pay referral fees on any Products
that are added to a customer's Shopping Cart after the customer has re-entered
the Yuvayana Site (other than through a Special Link from your site), as
determined by us, even if the customer previously followed a link from your
site to the Yuvayana Site. In addition, we will not pay referral fees for any
purchases made by customers referred through a Prohibited Paid Search Ad or
Special Links (to the Yuvayana Site) that is generated or displayed in response
to general Internet search queries or keywords. "Prohibited Paid Search Ad"
means an advertisement that you purchased through 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 "Yuvayana,"
or any other trademark of Yuvayana, or variations or misspellings of any of
those words. For avoidance of doubt, the Search Box Link, which searches the
Yuvayana Product catalog, or searches of product databases that include
Yuvayana Products, such as shopping comparison engines, are still eligible for
referral fees. You may not purchase products during sessions initiated through
the links on your site for your own use, for resale or commercial use of any
kind. This includes orders for customers or on behalf of customers or orders
for products to be used by you or your friends, relatives, or associates in any
manner. Such purchases may result (in our sole discretion) in the withholding
of referral fees and/or the termination of this Agreement. In addition, you may
not:
e. directly or indirectly offer any person or
entity any consideration or incentive (including, without limitation, payment
of money (including any rebate), or granting of any discount or other benefit)
for using Special Links on your site to access the Yuvayana Site (e.g., by
implementing any "cashback" program for persons or entities who use
Special Links on your site to access the Yuvayana Site);
f. read, intercept, record, redirect,
interpret, or fill in the contents of any electronic form or other materials
submitted to us by any person or entity;
g. in any way modify, redirect, suppress, or
substitute the operation of any button, link, or other interactive feature of
the Yuvayana Site;
h. make any orders or subscription requests,
or engage in other transactions of any kind on the Yuvayana Site on behalf of
any third party, or authorize, assist, or encourage any other person or entity
to do so;
i. take any action that could reasonably
cause any customer confusion as to our relationship with you, or as to the site
on which any functions or transactions (e.g., search, order, browse, and so on)
are occurring;
j. other than providing Special Links on
your site in accordance with this Agreement, post or serve any advertisements
or promotional content promoting the Yuvayana Site or otherwise around or in
conjunction with the display of the Yuvayana Site (e.g., through any
"framing" technique or technology or pop-up or pop-under windows), or
assist, authorize, or encourage any third party to take any such action;
k. attempt to circumvent the referral fee
schedule or artificially increase your referral fees (e.g. by intentionally
featuring, purchasing or requesting or encouraging any third party to purchase
low-price items offered on the Yuvayana Site (as determined by us) for the
purpose of exceeding any referral fee threshold or by causing any page of the
Yuvayana Site to open in a customer's browser other than as a result of the
customer clicking on a Special Link on your site);
l. attempt to intercept or re-direct
(including, without limitation, via user-installed software) traffic from or
on, or divert referral fees from, any web site that participates in the
Program; or
From time to time we may request
that you cause any applicable web search provider to exclude Proprietary Terms
from keywords used to display your advertising content in association with
search results, assuming the provider of such Web search engine offers such
exclusion capabilities.
3.b. Referral Fee Schedule
During each calendar month, for
Qualifying Products sold during sessions initiated through Special Links on
your site, you will earn (subject to the other terms of this Agreement)
referral fees in accordance with the "Fee Structure" described below.
Fee Structure: Subject to the other terms of this Agreement, you will earn a
percentage of Qualifying Revenues (revenues derived by us from customers as a
result of sales of Qualifying Product units sold during sessions initiated
through Special Links on your site, excluding costs for shipping, handling,
taxes separately stated and charged to the customer, service charges, rebates,
credit card processing fees, returns and bad debt) set forth in the table below
that corresponds to the number of such Qualifying Product units sold during
sessions initiated through Special Links on your site.
You understand and agree that we
may cap your referral fees to a fixed amount ("Monthly Limit") per
month, at our sole discretion. In such event that your referral fees for a
calendar month exceed this Monthly Limit, the amount we pay you for such
calendar month shall not exceed this Monthly Limit. Further, should you have
multiple registered Affiliate accounts (multiple affids/tracking IDs) under
this Program, the Monthly Limit will be the cumulative limit towards all your
Affiliate accounts. You agree to pace your campaigns accordingly and in line
with the Monthly Limit applicable to you.
This Monthly Limit to your
referral fees (if any) shall be communicated to you prior to the calendar month
in which such limit takes effect by way of e-mail to your registered Affiliate
account. Similarly, any changes in the Monthly Limit shall be communicated to
you from time to time by way of e-mail to your registered Affiliate account,
prior to the calendar month in which such change in your Monthly Limit takes
effect. Any such notification received by you from us regarding the Monthly
Limit to your referral fees and any changes therein, shall be read as and be a
part of this Operating Agreement.
4. Referral Fee Payment
We will pay you referral fees on
a monthly basis for Qualifying Products shipped in the applicable month.
Approximately 60 days following the end of each calendar month, based on the
payment mode/ option selected by you in your Affiliate Account, we will either:
Documents required for EFT
payments are as follows:
1. Scanned Copy of cancelled cheque (same Bank
details as mentioned in the Affiliate Account). In case you do not have a
cheque, you can send us the scanned copy of the first page of your passbook or
online Bank statement. However, the IFSC code and the Bank account number
should be clearly mentioned on it.
2. Scanned Copy of your/ company PAN card (same
name with which you have registered for the Affiliate Account)
Also, if you have registered as
an 'Organisation' in the affiliate account, the following 2 additional
documents are required:
3. Scanned Copy of your Incorporation
Certificate (same company name with which you have registered for the Affiliate
Account)
4. Scanned Copy of your GST Certificate (same
company name with which you have registered for the Affiliate Account)
Please ensure that all details
match with the details mentioned in your Affiliate Account.
Please note that the referral
fees will be processed as per the payment mode / details mentioned by you in
your affiliate account ('My Account' section) as on the 1st of every month. In
case you change your payment mode / details after the 1st of the month, the new
payment details will be applicable from next month's payment cycle.
The referral fee payable to you
is inclusive of all taxes including goods service tax or other tax or levy that
you may be required to remit in connection with such services. If required by
applicable Indian tax law, we may deduct or withhold income taxes from the
referral fees payable to you. If you are an Indian resident, your referral fees
payable to you will be subjected to income tax (5% TDS as per section 194(H) of
Income Tax Act) provided documents are uploaded as per the payment mode opted.
In case if there is no documents provided for EGV, referral fees would be
subject to a 20% income tax (TDS) withholding. If you are not an Indian
resident or have not provided us your PAN (Permanent Account Number), the rate
of income tax withholding applicable to you will vary and income tax would be
withheld from the referral fees accrued to you on the basis of documents
submitted by you which are required as per the provisions of Income Tax of
India. If we deduct or withhold income taxes from referral fees payable to you,
we will issue to you the relevant withholding tax certificate evidencing deposit
of the taxes with the relevant regulatory authorities. If you provide us with a
nil or reduced withholding tax certificate, we will apply such nil or reduced
tax rate as the applicable withholding tax rate on referral fees payable to
you. You hereby agree that you will not pursue any claim against Yuvayana or
any of its affiliates, and hereby waive all such claims you may now or in the
future have, in respect of any income taxes Yuvayana deposits with a relevant
taxing authority pursuant to the this Operating Agreement.
5. Policies and Pricing
Customers who buy products
through this Program will be deemed to be our customers. Accordingly, all of
our rules, policies, and operating procedures concerning customer orders,
customer service, and product sales will apply to those customers. We may
change our policies and operating procedures at any time. For example, we will
determine the prices to be charged for products sold under this Program in
accordance with our own pricing policies. Product prices and availability may
vary from time to time. Because price changes may affect Products that you have
listed on your site, your site may only show prices when we serve the link in
which those prices are displayed. We will use commercially reasonable efforts
to present accurate information, but we cannot guarantee the availability or
price of any particular product.
6. Identifying Yourself as an
Affiliate
You may not issue any press
release with respect to this Agreement or your participation in the Program;
such action may result in your termination from the Program. You may not in any
manner misrepresent or embellish the relationship between us and you, or
express or imply any relationship or affiliation between us and you or any
other person or entity except as expressly permitted by this Agreement
(including by expressing or implying that we support, sponsor, endorse, or
contribute money to any charity or other cause). Any such activity will lead to
suspension of your account and/or withholding of payment of any accrued and
future commissions as being in violation of this Agreement.
7. Links on Your Site
We grant you a nonexclusive,
revocable right to use the graphic image and text and such other text or images
for which we grant express permission, solely for the purpose of identifying
your site as a Program participant and to assist in generating Product sales.
You may not use such image or text in an offline promotion or other offline
manner (e.g., in any printed material, mailing or other document). You may not
modify the graphic image or text, or any other of our images, in any way. We
reserve all of our rights in the graphic image and text, any other images, our
trade names and trademarks, and all other intellectual property rights. You
agree to follow our Trademark Guidelines, as those guidelines may change from
time to time. We may revoke your license at any time by giving you written
notice.
8. Responsibility for Your
Site
You will be solely responsible
for the development, operation, and maintenance of your site and for all
materials that appear on your site. For example, you will be solely responsible
for:
1. The
technical operation of your site and all related equipment
2. Ensuring the
display of Special Links on your site does not violate any agreement between
you and any third party (including without limitation any restrictions or
requirements placed on you by a third party that hosts your site)
3. Creating and
posting Product descriptions on your site and linking those descriptions to the
Yuvayana Site catalog
4. The accuracy
and appropriateness of materials posted on your site (including, among other
things, all Product-related materials and any information you include within or
associate with Special Links)
5. Ensuring
that materials posted on your site do not violate or infringe upon the rights
of any third party (including, for example, copyrights, trademarks, privacy, or
other personal or proprietary rights)
6. Ensuring
that materials posted on your site are not libelous or otherwise illegal
7. Ensuring
that your site accurately and adequately discloses, either through a privacy
policy or otherwise, how you collect, use, store, and disclose data collected
from visitors, including, where applicable, that third parties (including
advertisers) may serve content and/or advertisements and collect information
directly from visitors and may place or recognize cookies on visitors'
browsers.
8. We disclaim
all liability for these matters. Further, you will indemnify and hold us
harmless from all claims, damages, and expenses (including, without limitation,
attorneys' fees) relating to the development, operation, maintenance, and
contents of your site. We also advise you to strictly abide by the terms
narrated in Clause 1 above of this terms and conditions and any non-observance
of the terms therein shall determine our association with immediate effect.
9. Compliance with Laws
As a condition to your participation
in the Program, you agree that while you are a Program participant you will
comply with all laws, ordinances, rules, regulations, orders, licenses,
permits, judgments, decisions or other requirements of any governmental
authority that has jurisdiction over you, whether those laws, etc. are now in
effect or later come into effect during the time you are a Program participant.
Without limiting the foregoing obligation, you agree that as a condition of
your participation in the Program you will comply with all applicable laws
(federal, state or otherwise) that govern marketing email and all other
anti-spam laws.
10. Term of the Agreement
The term of this Agreement will
begin upon our acceptance of your Program Application and will end when
terminated by either party. Either you or we may terminate this Agreement at
any time, with or without cause, by giving the other party written notice of
termination. Upon the termination of this Agreement for any reason, you will
immediately cease use of, and remove from your site, all links to the Yuvayana
Site, and all of our trademarks, trade dress, and logos, and all other
materials provided by or on behalf of us to you pursuant hereto or in
connection with the Program. You are eligible to earn referral fees only on
sales of Qualifying Products that occur during the term, and referral fees
earned through the date of termination will remain payable only if the related
orders are not cancelled or returned. We may withhold your final payment for a
reasonable time to ensure that the correct amount is paid. Effect of
Termination: Upon termination of this Agreement by either side you will cease
to be an affiliate and shall remove all links to the Yuvayana site as detailed
in clause 12 herein above and non-removal of links and use of all or any of our
trademark, trade dress, logos and price are treated as illegal crawling and
infringement of our Trademark.
11. Modification
We may modify any of the terms
and conditions contained in this Agreement, without prior notice at any time
and in our sole discretion, by posting a change notice or a new agreement on
the Yuvayana Site. Modifications may include, for example, changes in the scope
of available referral fees, referral fee schedules, payment procedures, and
Program rules. If any modification is unacceptable to you, your only recourse
is to terminate this agreement. Your continued participation in the program
following our posting of a change notice or new agreement on the Yuvayana site
will constitute binding acceptance of the change.
12. Relationship of Parties
You and we are independent
contractors, and nothing in this Agreement will create any partnership, joint
venture, agency, franchise, sales representative, or employment relationship
between the parties. You will have no authority to make or accept any offers or
representations on our behalf. You will not make any statement, whether on your
site or otherwise, that reasonably would contradict anything in this clause.