Affiliate Terms & Condition
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. Enrolment 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:
- Advertise affiliate links through pop-up windows / pop-unders
- 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).
- Advertise misleading/wrong offers/deals running on Yuvayana
- 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
- Use affiliate links on illegal audio/video download sites
- Promote pornography and sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote illegal activities
- 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
- Include any trademark of Yuvayana.org, Inc. or its affiliates in any username, group name, or other identifier on any social networking website
- Include any colour combination or layout similar or identical to Yuvayana.org, with the intention to deceive
- Use links or URLs which are not published by the Yuvayana Site or by Yuvayana Affiliate Program.
- Add products directly to the customer's cart using scripts or any tools.
- Are owned by or is principally maintained/operated by current employees of Yuvayana.
- 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.
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:
o The technical operation of your site and all related equipment
o 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)
o Creating and posting Product descriptions on your site and linking those descriptions to the Yuvayana Site catalog
o 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)
o 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)
o Ensuring that materials posted on your site are not libelous or otherwise illegal
o 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.
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.