Affiliate Program Agreement

This Affiliate Program Operating Agreement (“ Operating Agreement ”) contains the terms and conditions that govern your participation in the Affiliate Program (the “ Program ”). “ We ,” “ we ,” or “ our » means GoAffPro.com and the partner website. “ You ” or “ your ” means the applicant.

A “ site ” means a website.
“ Partner Site ” means the e-commerce/retail partner using the goaffpro affiliate tracking software.
“ Your site ” means any site(s), any software application(s) and any Mobile Application (as defined below) that you link to the partner site.
“ Advertising Fees ” means commissions earned for a successful, verified sale of a product on the Partner Site by a customer using your referral link.

BY CHECKING THE BOX INDICATING THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THIS OPERATING AGREEMENT, OR BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING THE POSTING OF A MODIFICATION NOTICE, REVISED OPERATING AGREEMENT OR REVISED OPERATIONAL DOCUMENTATION ON THE PARTNER’S WEBSITE, YOU:

(A) AGREE TO BE BOUND BY THIS OPERATING AGREEMENT;
(B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE OPPORTUNITY TO PARTICIPATE IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, WARRANTY OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS OPERATING AGREEMENT;
AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LEGALLY ABLE TO ENTER INTO CONTRACTS (FOR EXAMPLE, YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS OPERATING AGREEMENT. FURTHERMORE, IF THIS OPERATING AGREEMENT IS AGREED BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON ACCEPTING THIS OPERATING AGREEMENT ON BEHALF OF SUCH COMPANY OR ENTITY REPRESENTS AND WARRANTS THAT SHE IS AUTHORIZED AND LEGALLY ABLE TO BIND THIS COMPANY OR ENTITY TO THIS OPERATING AGREEMENT.

1. Program Description

The purpose of the Program is to enable you to advertise Products on your Site and earn Advertising Fees OR Commissions on Qualifying Purchases (defined in Section 7) made by your End Users.

A “Product” is any item sold on the Partner Website, except 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's commission schedule. To facilitate your advertising of the Products, we may make available to you data, images, text, link formats, widgets, links and other linking tools, and other related information. with the Program (“Content”).

The Content specifically excludes any data, images, text or other information or content relating to the products offered on any site other than the Partner Site.

2. Registration

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 in our sole discretion, including if we determine that your site is not suitable. Inappropriate sites include those that:

(a) promote or contain sexually explicit content;

(b) encourage violence or contain violent content;

(d) promote discrimination or employ discriminatory practices based on race, sex, religion, nationality, disability, sexual orientation or age;

(e) promote or engage in illegal activities;

(f) include any trademark of GoAffPro, its partner sites or its affiliates, or a variation or misspelling of a trademark of GoAffPro, its partner sites or its affiliates, in any domain name , subdomain name or any username, group name, or other identifier on any social networking site; Or

(g) otherwise violate intellectual property rights.

If we reject your application, you can 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 reliable. day.

We may send notices (if applicable), approvals (if applicable) 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 notices, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.

3. Links on your site

After you are notified that you have been accepted into the program, you can display special links on your site. “ Special Links ” are links to the Partner Site that you place on your Site pursuant to this Operating Agreement, that properly use the “ tagged ” link formats that we provide and that comply with the Linking Program requirements. affiliation. Special links allow for accurate tracking, reporting and accrual of advertising fees.

You may earn advertising fees only as described in Section 7 and only with respect to activity on the Partner Site occurring directly through Special Links. We will have no obligation to pay you any advertising fees if you fail to properly format links on your site to the partner site as special links, including to the extent that such failure may result in a reduction in the amounts of the advertising costs that would otherwise be paid. to you under this Operating Agreement.

If you wish 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 application to the Program. The suitability and other requirements of this Section 3 and the Mobile Application Policy will apply to the 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 the Affiliate API or Partner API (“ Affiliate API ”) or the Product Advertising API, including any 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.

4. Program Requirements

By participating in the Program, you agree to comply with the Affiliate Program participation requirements and all pages, schedules, policies, guidelines and other documents and materials referenced in this Operating Agreement (collectively, the “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 Partner Program Terms of Participation page or other operational documentation or that you have otherwise violated this Operating Agreement, we may (in addition to any other right or remedy available to us): (a) withhold all advertising fees owed to you under this Operating Agreement; ; (b) close any other accounts you may have or open in the future, without payment of any advertising fees; (c) terminate this Operating Agreement; or (d) take all of the above actions. Additionally, you hereby consent to us:

send you program-related emails from time to time;
monitor, record, use and disclose information about your site and visitors to your site that we obtain in connection with your display of special links (for example, that a particular customer clicked on a special link from your site before to purchase a product on the partner Site) in accordance with the Privacy Notice; And
monitor, crawl and otherwise investigate your Site for 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, and all materials contained or contained therein. For example, you will be solely responsible for:

the technical functioning of your site and all related equipment;
display special links and content on your Site in accordance with this Operating Agreement and Operational Documentation and any agreements between you and any other person or entity (including any restrictions or requirements imposed by any person or entity that hosts your site) ;
create and publish, and ensure the accuracy, completeness and relevance of, the materials posted on your site (including all product descriptions and other product-related materials and any information you include or link to with special links);
use the Content, your Site and the materials on or in your Site in any manner that does not infringe, violate or misappropriate any of our rights or those of any other person or entity (including copyright, trademarks, privacy, publicity or other intellectual property or proprietary rights);
use the Content, your Site and the materials on or in your Site in any way that is not harmful, harassing, profane, defamatory, obscene, pornographic, paedophilic, libelous or otherwise in any way;
accurately and adequately disclose on your site, whether through a privacy policy or otherwise, how you collect, use, store and disclose data collected from visitors, including, where applicable, third parties ( including us and other advertisers) may serve content and advertisements, collect information directly from visitors, and place or recognize cookies on visitors' browsers; And
any use you make of the GoAffPro Content and Marks, whether or not authorized under this Operating Agreement.

We will have no liability for such matters or for any of your end users' claims relating to such matters, and you agree to defend, indemnify and hold us, our affiliates and licensors, and our and their employees, officers, directors, and representatives, harmless from and against any and all claims, damages, losses, liabilities, costs and expenses (including attorneys' fees) relating to (a) your site or any materials that appear on your site, including the combination of your site or those materials with other applications, content or processes; (b) the use, development, design, manufacture, production, advertising, promotion or marketing of your site or any materials appearing on or in your site, and all other matters described in the this section 5; (c) your use of any Content, whether or not such use is permitted by this Operating Agreement, any Operational Documentation or applicable law; (d) your violation of any term or condition of this Operating Agreement or any Operational Documentation; or (e) your or your employees’ negligence or willful misconduct.

6. Order processing

We will process product orders placed by customers who follow special links from your site to the partner site. We reserve the right to reject orders that do not comply with the partner site's requirements, as they may be updated from time to time. We will track Qualifying Purchases (defined in Section 7) for reporting and advertising fee accrual purposes and will make reports available to you summarizing such Qualifying Purchases.

7. Advertising costs

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 excess payment is made to you for any reason, we reserve the right to adjust it or offset it against subsequent advertising fees payable to you under this Operating Agreement. Subject to the exclusions set forth below, a " Qualifying Purchase " occurs when (a) a customer clicks on a special link from your site to the partner site; (b) during a single Session, the customer adds a Product to their cart and places the order for that 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 on a special link from your site to the partner site and ends on the earliest of the following events: (x) 24 hours pass from this click; (y) the customer passes 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 on, the following:

any Product that, after the expiration of the applicable Session, is added to a customer's Shopping Cart, or is streamed or downloaded by a customer, even if the customer previously followed a Special Link from your site to the Partner Site;
any Product purchase that is not properly tracked or reported because your site's links to the Partner Site are not correctly formatted;
any product purchased through a special link by you or on your behalf, including products you purchase through special links for yourself, your 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 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 which is redirected to the Partner Site by one of the following means:
paid search placement prohibited; Or
a link to the partner site, including a redirect link, that is generated or displayed on a search engine in response to a general Internet search query or a keyword (i.e. in results natural, free, organic or unpaid search links), whether these links appear through your submission of data to this site or otherwise.
any qualifying purchase in which you offered any person or entity any consideration or incentive (including any cash, rebate, rebate, points, donation to a charity or other organization, or other benefit) for the use of special links (for example, by implementing “rewards” or loyalty programs that encourage people or entities to visit the Partner Site via 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, the Product Advertising API or others linking tools that we put at your disposal.
any eligible purchase, which takes place in India, made via a mobile device or tablet in which:
Pay-Per-Click advertising is strictly prohibited.
any qualifying purchases in which the affiliate has posted links or their coupon code on the “Coupon Website” is strictly prohibited. For the definition of a coupon website, see below
Posting coupon deals on your website with "reveal coupon code" or a similar phrase that entices the visitor to click to reveal a coupon code and go to the partner's site is prohibited.
the Partner Site mobile application is preloaded by the original equipment manufacturer (“OEM”) on the device or tablet; Or
the partner site's mobile application is installed via a maintenance release or firmware update or firmware-based notifications sent by the OEM or notification partner; Or
the Partner Site's mobile application is installed from a source other than Google Play store or iOS App Store

“ Coupon Website ”

Your classification as a Coupon Affiliate will be determined by Partner in its sole discretion. Factors that may lead to classification as a “Coupon Affiliate” include, but are not limited to

the presence of coupon offerings, including from many different merchants, on the Affiliate's website, particularly if such coupons represent many different merchants and/or are indexed or organized in a directory;
the presence of certain words (or their variations or misspellings) in the Website URL or highlighted in the Website Content, such as "coupons", "deals" or "savings";
a website that focuses on other merchants and the discounts or promotions they offer, rather than products, and that features little original human-generated content.

“ Prohibited Paid Search Placement ” means advertising 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 one of these words (for example, “goaffpro”). “ Redirect Link ” means a link that indirectly sends Users 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 affirmative action on such intermediary site or page Web. “ Search Engine ” means Google, Yahoo, Bing or any other search engine, portal, sponsored advertising or other search or referral service, or any site that participates in one of their respective networks.

8. 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 a 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 accrue and withhold advertising fees until the total amount owed to you is at least INR 1,000 in case of NEFT transfers.

Advertising fees 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 establish a valid invoice under applicable laws. ) and regulations and declare it in the declarations within the deadlines so that Partner Site can benefit from the tax credit on inputs for taxes paid. You agree to comply with all applicable provisions of this law, including, but not limited to:

timely issuance of GST compliant invoices;
make invoices available to the Partner Site;
file applicable taxes on a periodic basis; And
properly report them to the government under tax laws.

If at any time the tax credit is denied or payment of taxes is requested from the partner site or GoAffPro, due to, but not limited to, issuance of a defective invoice, default payment of taxes, improper declaration in the returns filed or non-compliance with applicable laws and regulations by you, you must indemnify the partner site and GoAffPro against any credit denied or any tax recovered as well as any interest and penalties imposed on the partner site and GoAffPro. If required by applicable Indian tax laws, we may deduct or withhold taxes, levies or similar amounts from advertising fees owed to you. If you are a resident of India, advertising fees payable to you will be subject to income tax withholding at the rate stipulated by applicable law. If you are not a resident of India or have not provided us with your PAN (Permanent Account Number), the rate of withholding tax applicable to you will vary. Additionally, if you are a non-resident, you agree to provide necessary documentation, as necessary, for the partner site and GoAffPro to satisfy any reporting or obligation regarding advertising fees owed to you. If we deduct or withhold taxes from advertising fees owed to you, we will issue you the corresponding withholding certificate, if required by applicable law, evidencing the deposit of taxes with the appropriate regulatory authorities (for non-residents, this is subject to relevant documents made available). If you provide us with a certificate of zero or reduced withholding tax, we will apply this zero or reduced tax rate as the rate of withholding tax applicable to the advertising costs owed to you. You hereby agree that you will not pursue any claim against P or any of its affiliates, and hereby waive any and all claims you may have now or in the future, with respect to Partner Site Taxes and GoAffPro's filings with an appropriate taxing authority pursuant to this Operating Agreement.

9. Policies and pricing

Customers who purchase products through this program are customers of the Partner Site with respect to all activities they undertake in connection with the Partner Site. Accordingly, as between you and us, all prices, terms of sale, operating rules, policies and 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.

10. Identify yourself as an associate

You will not issue any press release or make any other public communication regarding this Operating Agreement, your use of the Content, or your participation in the Program. You will not misrepresent 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), or express or do not imply any relationship or affiliation between us and you or any other person or entity, except as expressly permitted by this Operating Agreement. However, you must 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 a means for sites to earn advertising fees by advertising and creating a link to the partner. place"

11. Limited License

Subject to the terms of this Operating Agreement and solely for the limited purposes of advertising the Products on the Partner Site and directing end users thereto in connection with the Program, we hereby grant you a limited right , revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to (a) copy and display the Content solely on your site; and (b) use only those of our trademarks and logos that we may make available to you in connection with the Content (such trademarks and logos, collectively, “ GoAffPro Marks ”) only on your site and in accordance with the affiliate program guidelines on trademarks
All licenses set forth in this Section 11 will immediately and automatically terminate 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. You will promptly remove from your Site and remove or otherwise destroy all Content and GoAffPro Marks for 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 by accessing or using the Product Advertising Content (as defined below), including proprietary application programming interfaces and other tools (collectively, the “ API PA ”) that allow you to access and use certain types of data, images, text and other information and content relating to the 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 solely for the limited purposes of participating in the Partner Program in strict accordance with the License Agreement (including this License and other Operational Documentation), we hereby grant you a limited, revocable right , a non-transferable, non-sublicensable, non-exclusive, royalty-free license to: (a) copy and display product advertising content solely on your site; (b) use only those GoAffPro trademarks that we make available to you in connection with Product advertising content, only on your site and in accordance with the Associates Program guidelines, except as otherwise provided in this Operating Agreement, and (c) access and use the PA API, Data Feed and Product Advertising Content only in accordance with the Specifications and this License.

12. Reservation of rights; Submissions

Except for the limited licenses expressly set forth in Section 11, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to, and you do not, under of this Operating Agreement or the license hereunder otherwise acquire any interest or ownership 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 materials on any partner site or associated Site, our trademarks and logos and those of our affiliates (including GoAffPro trademarks), and any other intellectual property and technology that we provide or use in connection with the Program (including application program interfaces, software development kits, libraries, code samples, and related materials).

If you provide us or any of our affiliates with any suggestions, reviews, modifications, data, images, text or other information or content on 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 assign to us all right, title and interest in and to your Submission and we grant (even if you have designated your Submission as confidential) a perpetual, paid-up, royalty-free, non-exclusive, worldwide, irrevocable, freely transferable right and license to (a) use, reproduce, perform, display and distribute your Submission in any way; (b) adapt, modify, reformat and create derivative works from your Submission for any purpose; (c) use and publish your name as a credit in conjunction with your Submission (however, we will have no obligation to do so); and (d) sublicense the foregoing rights to any other person or entity. Further, you hereby warrant that: (y) Your Submission is your original work, or that you obtained Your Submission lawfully; and (z) the exercise of our and our sublicensees' rights under the license above will not infringe the rights of any person or entity, including copyrights. You agree to provide us with such assistance as we may need to document, perfect or maintain our rights to Your Submission.

13. Respect for laws

In connection with 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, decisions and others requirements of any governmental authority that has jurisdiction over you. .

14. Duration and termination

The term of this Operating Agreement will begin upon our acceptance of your application to the Program and will end when terminated by you or us. 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 with respect to the Content will automatically terminate and you will immediately cease use of the GoAffPro Content and Marks and promptly remove from your site and remove or otherwise destroy all links to the Partner Site, all GoAffPro Marks, any other content and other materials provided or made available to you by or on behalf of us under this Operating Agreement or otherwise in connection with the Program. We may hold accrued unpaid advertising fees for a reasonable period after termination to ensure that the correct amount is paid (for example, to account for any cancellations or returns). Upon termination of this Operating Agreement, all rights and obligations of the parties shall be terminated, except for the rights and obligations of the parties under Sections 5, 9, 10, 12, 13, 14, 16, 17 , 18, 19, and 20, together with all accrued but unpaid payment obligations of us under this Operating Agreement, shall survive termination of this Operating Agreement. No termination of this Operating Agreement shall relieve either party of any liability for any breach or liability arising under this Operating Agreement prior to termination.

15. Modification

We may modify any of the terms and conditions contained in this Operating Agreement (and any Operational Documentation) at any time and in our sole discretion by posting a change notice, revised Agreement or revised Operational Documentation on the Site partner or by sending notice of such change by e-mail to the e-mail address then currently associated with your Associates account (any e-mail change will be effective on the date specified in such e-mail and will in no case be less than two business days after the date the email is sent). Changes may include, for example, changes to the Partner Program advertising fee schedule, Partner Program participation requirements, payment procedures and other Program requirements. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR SOLE REMEDY IS TO TERMINATE THIS OPERATING AGREEMENT. YOUR PARTICIPATION IN THE PROGRAM CONTINUES AFTER THE EFFECTIVE DATE OF ANY CHANGE (E.G., THE DATE OF OUR POSTING OF A NOTICE OF CHANGE, A REVISED OPERATING AGREEMENT OR REVISED OPERATIONAL DOCUMENTATION ON THE SITE PARTNER OR THE DATE SPECIFIED IN ANY EMAIL REGARDING SUCH CHANGE) WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

16. Relationship between the parties

You and we are independent contractors, and nothing in this Operating Agreement or the Operational Documentation will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our companies. respective affiliates. You will have no authority to make or accept any offers or representations on behalf of us or our affiliates. You will not make any statement, whether on your site or otherwise, that contradicts or may contradict anything in this section. If you authorize, assist, encourage or facilitate 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.

17. Limitation of liability

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE OR DATA) ARISING OUT OF THIS OPERATING AGREEMENT, THE PROGRAM, THE OPERATIONAL DOCUMENTATION, THE PARTNER SITE, THE GOAFFPRO SITE OR THE SERVICE OFFERINGS (DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, OUR AGGREGATE LIABILITY ARISING FROM THIS OPERATING AGREEMENT, THE PROGRAM, THE PARTNER SITE, THE GOAFFPRO SITE AND THE SERVICE OFFERINGS WILL NOT EXCEED THE TOTAL ADVERTISING FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT OPERATING IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT LIABILITY CLAIM OCCURRED.

18. Disclaimer

THE PROGRAM, THE GOAFFPRO SITE, THE PARTNER SITE, ALL PRODUCTS AND SERVICES OFFERED ON THE PARTNER SITE, ALL SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, THE GOAFFPRO.COM DOMAIN NAME AND TRADEMARKS AND LOGOS OF OUR AFFILIATES (INCLUDING GOAFFPRO TRADEMARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS LICENSE AGREEMENT IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE “ SERVICE OFFERINGS ”) ARE PROVIDED ON AN “AS IS” BASIS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES REGARDING THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND OF QUIET ENJOYMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE WE MAY DISCONTINUE ANY SERVICE OFFERING OR CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME AT US SOLE DISCRETION. NOR DO ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN A PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, FREE FROM ERROR OR HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR (A) ANY ERRORS, INACCURACIES OR INTERRUPTIONS IN SERVICE, INCLUDING POWER FAILURES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OR DELETION, DESTRUCTION, DAMAGE OR LOSS OF YOUR SITE OR ANY DATA, IMAGES, 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, CONTENT, OPERATIONAL DOCUMENTATION, THE GOAFFPRO SITE OR THE AFFILIATE PROGRAM SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT OPERATING. FURTHERMORE, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS SHALL BE LIABLE FOR ANY COMPENSATION, REIMBURSEMENT OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROFITS OR POTENTIAL REVENUE, EARLY SALES, GOODWILL OR OTHER ADVANTAGES, (Y ) ANY INVESTMENTS, EXPENSES OR COMMITMENTS BY YOU IN CONNECTION WITH THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY TERMINATION OF THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM.

19. Applicable law and disputes

This Operating Agreement shall be governed by the laws of the Republic of India, without regard to conflict of laws principles. The courts of [Haryana] shall have exclusive jurisdiction over any dispute relating to or arising in any way from the matter under the Program or this Operating Agreement.

Notwithstanding anything to the contrary in this Operating Agreement, we may seek injunctive or other relief in any court of competent jurisdiction for any actual or alleged infringement of our intellectual property or proprietary rights or those of any other person or entity. You further acknowledge and agree that our rights in the Content are of a special, unique and extraordinary character, giving them special value, the loss of which cannot be easily estimated or adequately compensated by damages.

20. Miscellaneous

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 competitive with your site. You may not assign this Operating Agreement, by operation of law or otherwise, without our express prior written approval. Subject to this limitation, this Operating Agreement will be binding upon, 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 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 remainder of the Operational Documentation. Whenever 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 determinations 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 generally known to the general public shall be considered (“Confidential Information”). You agree that: (a) all Confidential Information will remain the sole property of GoAffPro; (b) you will use the Confidential Information only as reasonably necessary for your performance under the Operating Agreement and will ensure that persons with access to the Confidential Information will be informed of and will comply with the obligations of this provision; and (c) you will not otherwise disclose confidential information to any person, 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 directives or to meet any requirements under applicable laws. You represent and warrant that you and your financial institution(s) are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by any such party, including, but without limitation, lists maintained by the United Nations Security Council, the United States Government (e.g., the United States Treasury Department's Specially Designated Nationals List and the Foreign Sanctions Evaders List and the United States Department of Commerce Entity List), the European Union or its member states, or any other competent government authority.

MOBILE APPLICATIONS 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 any of its affiliates , as applicable. “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 meaning given to them in the Operating Agreement. Strict compliance with 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 imitate the functionality of our partner site's shopping application (if applicable);
must not have price tracking and/or price alert functionality unless approved in writing by GoAffPro or its partner site;
must not host or display partner site web pages in WebViews.

We may modify this Mobile Application Policy at any time and in our sole discretion by posting notice of the change or a revised or revised Mobile Application Policy on the GoAffPro or Partner Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR SOLE REMEDY IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM. YOUR CONTINUED INCLUSION OF SPECIAL LINKS IN YOUR APPROVED MOBILE APPLICATION FOLLOWING OUR POSTING OF A CHANGE NOTICE OR REVISED MOBILE APP POLICY ON THE PARTNER SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

We reserve the right, exercisable in its sole discretion, to take appropriate measures against any unauthorized use or any use that does not comply with this mobile application policy.

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