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Terms and Conditions
This agreement describes the terms and
conditions for participation in the IndiaOptions.com Affiliate Program.
The IndiaOptions.com website is owned and operated by IndiaOptions.com and is referred to in this agreement as the Company. The
Affiliate refers to you (the
applicant).
Definitions
Paid Full Membership
Revenue: Refers to any money paid to the Company by a full paying member
of IndiaOptions.com for a specific full membership term or renewal
term.
Referral: When an Affiliate refers a prospective member to
the IndiaOptions.com through the Unique URL Link of the
Affiliate.
Unique URL Link: A specific link that an Affiliate links
to from one or more other websites.
Total Membership Sales: The
total amount paid for new and renewal Paid Full Membership.
Commission The Company will pay 40% of full membership sale
price to the Affiliate for any Referral sent to the IndiaOptions.com
website, through the Unique URL of the Affiliate, who later becomes a full
paying member. No commissions will be paid for free (none paying) guest
memberships of IndiaOptions.com. The Company reserves the right to modify
the Commission Structure at any time and for any reason, by posting the
changes on IndiaOptions.com's affiliate web site. Your continued link to
your affiliate site will be considered as acceptance of these
changes.
Payments The Company will pay commissions on a
quarterly basis. You must have accrued at least $50.00 commission
before a cheque will be sent. All payments will be made by cheque in
(US$). Commissions will be paid based on the records of the Company to
determine commissions.
Credit Card Declined Payments, Refunds,
Charge-backs Any Paid Membership Revenues that are later declined
by a member's credit card issuing bank will be deducted from the
commissions of the Affiliate. Also, any refunds, charge-backs, credit card
transaction fees will also be deducted from the Affiliate
commissions.
Subscription Pricing The Company may change
the membership subscription pricing, terms or renewal policy at any time
and at the sole discretion of the Company.
Payment
Processing The Company will be solely responsible for processing all
subscription payments, refunds and charge-backs. The Company will also be
responsible for remitting commissions to the Affiliate when
due.
Subscription Terminations and Cancellations The Company may
terminate the Membership granted to any subscribing member at any time for
any or no reason. Members and affiliates found not in compliance with the
membership and affiliates Terms & Conditions will be immediately
terminated.
Tracking Sales The Company will be solely
responsible for tracking sales we make to customers who follow special
links from the sponsoring website. The Participant will be solely
responsible for ensuring these links are formatted properly. Our tracking
uses cookies and we will not be responsible if a visitor has turned
cookies off and is therefore not registered as an affiliates prospect.
Allocation is to the first affiliate that a visitor uses.
Affiliate
Activities & Spamming The Affiliate agrees to conduct business in a
manner acceptable to the Company. The Affiliate understands and agrees
that they WILL NOT 'SPAM' (send unsolicited emails) email addresses,
newsgroups or search engines. Immediate termination will result in
violations of this Affiliate Agreement. All referral fees not paid up
until the date of termination will become the property of the
IndiaOptions.com.
IndiaOptions.com Memberships Members of
IndiaOptions.com are the customers of the Company. The Affiliate has no
right to accept or decline any offer on behalf of the Company. The Company
is not responsible for any representations made by the Affiliate, or
implied warranty arising from the performance of the
Affiliate.
Copyrighted Material and Trademarks The
IndiaOptions.com website is copyrighted material of the Company. The name
IndiaOptions.com and the Logo are Trademarks of the Company. The Affiliate
agrees to obey to all copyright and trademark laws. This agreement gives
you limited, non-exclusive, revocable license to place our logo on your
site and in doing so to establish that link that you will not alter or
edit any Image including any machine-readable code which may be a part of
any Image for as long as you abide by this agreement. This license will
automatically be revoked if you are in non-compliance with this
agreement.
Prohibited Use of Profiles Affiliates are strictly
prohibited and unauthorised to use the individual profiles and information
of IndiaOptions.com users on their referring affiliate site or anywhere
else. Doing so violates the privacy policy of the IndiaOptions.com User
Agreement and will result in immediate termination or suspension of your
affiliation with IndiaOptions.com.
Prohibited Content You are
solely responsible for ensuring that any content on your associate site
does not infringe on any third party copyright, trademark rights or
intellectual property laws. IndiaOptions.com will not take any
responsibility for your actions if the site(s) linking your Unique URL are
involved with the following subjects, your affiliate account will be
cancelled and you will forfeit any unpaid commission:
Promoting
violence, pornography, sexually explicit material. Promoting
discrimination based on race, sex, nationality, religion, disability, age
or sexual orientation. The promotion of illegal activities
Violating intellectual property rights Or for any other reason deemed
to be reasonable by the Company. Website Downtime/Service In no
event is the Company responsible for any incidental, consequential,
exemplary or other damages arising out of or relating to the use of its
service, including, without limitation, any interruptions of service,
viruses, power outage or communication failures.
Termination
of Agreement Either the Participant or IndiaOptions.com may choose to
cancel this agreement at any time by written notice of cancellation to the
other. An affiliate account may be terminated if the affiliate does not
generate new customer sales for a period of one year or affiliate cannot
be reached by email for a period of 60 days.
Modifications of
Affiliate Agreement The Company reserves the right to change any of the
terms and conditions of this agreement at any time and in its sole
discretion by posting a new agreement on the Company website. Commissions
and all other provisions of this agreement are subject to change without
notice other than posting a change to the agreement on the Company
website.
Independent Contractor Relationship/Assignment The
Company and the Affiliate agree that the parties are independent
contractors and that nothing in the agreement is intended to or will
create any type of partnership, joint venture, agency, franchise or
employment relationship between the parties. Affiliate also agrees not to
assign this agreement. The IndiaOptions.com member database and its
contents shall at all times be the sole property of the Company.
Affiliates will have no claim or rights, directly or indirectly to the
database.
Governing Law This agreement shall be governed
to the law of India and the exclusive jurisdiction of the courts of
India.
Entire Agreement / Severability The terms and
conditions herein contained constitute the entire agreement. If any part
of this agreement is deemed invalid under applicable law or regulation,
such provision shall be deemed omitted to the extent so contrary,
prohibited or invalid, but the remainder of the agreement shall not be
invalidated.
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