This agreement (“Agreement”) describes the
terms and conditions for participation in the (EAZY4SHOP.COM
By Freelancer Chandan Roy) Affiliate Program. The terms “Affiliate,”
“you,” and “your” are referring to Amazon Affiliate Program, the person who is
applying to participate in our affiliate program. “We” and “our” refer to (EAZY4SHOP.COM
By Freelancer Chandan Roy ).
You and we are independent parties and you
agree that this Agreement shall not create any form of partnership or
employer-employee relationship between us. If you are accepting this Agreement
on behalf of another person or a company, you agree that you have authority to
bind them.
REGISTRATION
AND USE
To be eligible to participate as an
affiliate, you must be at least eighteen (18) years old, and have a valid tax
ID or social security number. If you are in the United States you must complete
a W9 form or its equivalent in your country. During the registration process
you may be asked to provide certain information. In providing this information
you represent and agree that all information is, and will remain, truthful and
current.
We reserve the right to determine whether you
are eligible or terminate your participation with us at any time, without
notice. We reserve the right to terminate your account at any time without
notice or reason, but specifically we may do so if you or your site violates
any term of this Agreement or any applicable law. Termination of your account
for breach or violation of law may include forfeiture of any compensation owed
and disgorgement of any already paid.
AGREEMENT
DURATION AND TERMINATION
This Agreement will begin upon our acceptance
of your affiliate application and will end when terminated by either party, but
we may terminate this agreement at any time, without notice, for your breach or
violation of law.
Termination may occur at any time, with or
without cause, by giving the other party written notice of the termination in
accordance with this Agreement. Once the Agreement is terminated, you will immediately
cease your participation with the site, remove any offers, content, links or
creative that has been provided to you by us or our advertisers. Once
terminated you will forfeit any rights to any compensation from the date of
termination.
We may also reject
any application if you are from a state that currently imposes a tax on the
sale of goods or services by affiliates (i.e. nexus tax) and the advertiser
does not wish to promote its products in that state through you.
MODIFICATION
We may modify any of
the terms and conditions within this Agreement at any time and at our sole
discretion, regardless of the dissimilarity that may occur between the amended
version of the Agreement and the original version. These modifications may
include, but are not limited to, changes in the scope of available referral
fees, fee schedules, payment procedures and rules relating to our affiliate
program. If any of the modifications are unacceptable to you, you must
immediately terminate this Agreement and notify us of such notification; you
must not continue participating in the affiliate program. By continuing to
participate in the program following the posting of a Change Notice or
amendments to this Agreement, you are indicating that you accept the
modifications and agree to comply with them.
COMMISSION FEES
The schedule for you
to receive compensation is based on the occurrence of a valid event, which is
governed by the terms of the offer and its requirements. We reserve the right,
in our sole discretion, to determine the validity of any event that would lead
to compensation to you. Furthermore, we will have no obligation to pay for
invalid actions or if the advertiser(s) fails to remit payment.
Depending on the
particular offer, your compensation may be based on (PERCENTGE AS DESIDED BY
AMAZON AFFILATE PROGRAM FOR DIFFERENT PRODUCTS & CATEGORIES ) % of the
gross revenue or Rs.____._ per sale as a commission from the particular valid
action that would trigger compensation to you (i.e. orders placed through your
Affiliate Site). You will only be paid for legitimate compensation that was
earned, which is determined by us in our sole discretion. Payment will be made
by an approved method that will be posted on the site, and in U.S. Dollars
unless otherwise agreed to by both parties in writing. You will be paid only
once you have reached a payment threshold of at least Rs.50.00USD (or another
number agreed in writing by both parties) and paid on terms of a schedule of
___________days after the last day of the calendar month or another time frame
which has been agreed upon in writing by both parties.
(Amazon Affiliate Program)
For a sale to
generate a commission to an Affiliate, the customer must complete the order
form, remit full payment for the service ordered, and have their installation
completed. You will receive ______% for orders placed through the Affiliate
Sites of those sub-Affiliates which you have sponsored into the __________
Affiliate Program. Affiliate commissions will only be paid on sales which are
made through qualified Affiliates.
Compensation can only
be earned between the acceptance of the Affiliate application and notice of
termination. Fees will be paid on the first day of each month by (EAZY4SHOP.COMBy Freelancer Chandan Roy).
Any returned checks, chargebacks, or fees from a returned order will be
adjusted in the following fee payment. If no fee payment is due, a billing
invoice for the amount will be issued.
Affiliates must have
an active link on their website. In order to qualify for commissions on sub-affiliate
sales in any given month, an affiliate must personally sell at least one order
during that month. Affiliate will also be responsible for all taxes and fees
that they may incur.
ORDER PROCESSING
(EAZY4SHOP.COMBy Freelancer Chandan Roy)
will be solely responsible for processing every order placed by a customer on
the Affiliate and sub-affiliate sites. Customers who purchase products and
services through the (EAZY4SHOP.COMBy
Freelancer Chandan Roy) will be deemed to
be customers of (EAZY4SHOP.COMBy
Freelancer Chandan Roy). Prices and
availability of our products and services may vary from time to time. (EAZY4SHOP.COMBy Freelancer Chandan Roy)
policies will always determine the price paid by the customer. We reserve the
right to reject any order that does not comply with our rules, operating
procedures and policies.
WEBSITE RESTRICTIONS
As stated above, your
eligibility to participate depends on several things including how you promote
the products or services. (EAZY4SHOP.COMBy
Freelancer Chandan Roy) reserves the
right, in its sole discretion and without explanation to you, to reject your
participation in the (EAZY4SHOP.COMBy
Freelancer Chandan Roy) based on site
content. For example, Sites that do not qualify for the (EAZY4SHOP.COMBy Freelancer Chandan Roy)
Affiliate Program include, but are not limited to, sites that:
- -Are X- rated and promote sexually explicit materials
- -Promote violence and discord.
- -Promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
- -Promote illegal or questionable activities
- -Violate intellectual property rights or other rights of
third parties
- – Sites that use spyware, malware, or adware
- – Sites that collect personal information about visitors
without their knowledge
- – Sites that iframe any offer
- – Sites that impersonate any person or give the
impression that the Site is endorsed by any particular person
- – Sites that are unable to direct reasonable amounts of
traffic
- – Sites that are under construction
- – Sites that require a login/password, unless approved
by us
- – Sites that contain exit pops or ghost pixel firing
- – Sites that use fake news stories or are created in a
way to resemble a news site (flogs, farticles)
- -Violate any law of any applicable jurisdiction
- -Would otherwise bring our (EAZY4SHOP.COMBy Freelancer Chandan Roy) Affiliate Program into disrepute
We reserve the sole
right to determine whether your website is disqualified from our program due to
the above restrictions.
FRAUD
You must not under
any circumstances engage in fraudulent, unfair, or deceptive practices when
participating in our (EAZY4SHOP.COMBy
Freelancer Chandan Roy). This includes,
but is not limited to, the practice commonly known as “cookie stuffing,”
offering non-existent incentives as a reward for purchasing items, or any other
fraudulent, unfair, or deceptive practice. We reserve the right to determine,
in our sole discretion, whether you or your site has utilized any fraudulent
method or is engaging in deceptive tactics. We may suspend or terminate your
account if we have any reason to believe that you are committing fraud or
deceit and at any time, in our sole discretion. If your account is suspended or
terminated for fraud you will forgo any rights to compensation both paid, and
unpaid.
SPAM (UCE)
Unsolicited
Commercial E-mail – (EAZY4SHOP.COMBy
Freelancer Chandan Roy) in no way
participates in mass unsolicited e-mailing (i.e. spamming), and all Affiliates
are expected not to do anything that would violate this policy. Violation of
this policy will result in the termination of the Agreement and immediate
dismissal from the (EAZY4SHOP.COMBy
Freelancer Chandan Roy) Affiliate Program,
with no refund or payments made for affiliate commissions earned.
DATA AND INTELECTUAL PROPERTY
Once you are
approved, and so long as you remain eligible, you are granted a non-exclusive,
revocable, limited non-transferable license to use materials that are provided
to you by us or an advertiser for a particular offer. You do not have any
intellectual property rights in any of those materials. Furthermore, any data
that is collected or generated through your efforts, use, or participation are
deemed to be confidential information of our company and become wholly owned by
us.
This information is
proprietary to us, and is considered a trade secret. You will remain
responsible for its accuracy and safeguarding it, which includes not
reproducing it or storing it in unsecure locations. You will not disclose any
of this data to anyone outside of this Agreement and will notify us within two
(2) hours if you believe the data or your site has been compromised. You will
be liable to us for any claims, whether brought or threatened, that is
connected to the use or misuse of our site or the data.
FORCE MAJEURE
You agree not to hold
us liable for any damages related to issues beyond our control, including but
not limited to, acts of God, war, terrorism, insurrection, riots, criminal
activity, natural disasters, disruption of communications or infrastructure,
labor shortages or disruptions (including unlawful strikes), shortages of
materials, and any other events which are not within our control
INDEMNITY
You agree to
indemnify us for and defend against any actions by third parties related to
your participation in our program. For example, if you violate our anti-spam
policy, and we get sued as a result of your activity, you must indemnify us for
the damages and legal fees that you cause us to incur.
DISCLAIMER
We make no express or
implied warranties or representations with respect to the Affiliate Program or
your potential to earn income from the (EAZY4SHOP.COMBy Freelancer Chandan Roy)
Affiliate Program. In addition, we make no representation that the operation of
our site or the Affiliate Sites will be uninterrupted or error-free, and we
will not be liable for the consequences of any interruptions or down time. We
express disclaim all warranties, whether written or oral. We will not be liable
for any damages that you, or any third party, may incur as a result of your use
or misuse of our site or promotion of any offer or loss of any data. In
jurisdictions that limit or do not allow these exclusions our maximum liability
will not exceed any amounts paid to you within the previous three (3) payment
cycles.
MISC.
If any Court strikes
down any provision or sentence of this Agreement the rest shall remain intact
and in full force and effect.
This Agreement will
be governed by the laws applicable in the State of (Insert your state here),
without reference to rules governing conflicts of laws. Any action relating to
this Agreement must be brought in a court of competent jurisdiction located in
(Insert Your City and State Here), or if no such court of competent jurisdiction
exists in that geographical area, then the next closest court which has
jurisdiction to hear the action; you irrevocably consent to the jurisdiction of
these and only these courts. The prevailing party in any dispute or legal
action will be entitled to its reasonable attorneys’ fees and costs.
You may not assign
your rights or obligations under this Agreement, by operation of law or
otherwise, without our prior written consent. We, however, may assign or
transfer our rights and obligations under this Agreement to a third party where
we believe it appropriate?for example, if we sell our business to a third
party. Subject to that restriction, this Agreement will be binding on, inure to
the benefit of, and enforceable against the parties and their respective
successors and assigns. Our failure to enforce your strict performance of any
provision of this Agreement will not constitute a waiver of our right to
subsequently enforce such provision or any other provision of this Agreement.
By submitting this
Affiliate Agreement form, you acknowledge that you have read this agreement and
agree to all its terms and conditions. You have independently evaluated this
program and are not relying on any representation, guarantee, or statement
other than as set forth in this agreement.
(Optional) you may
choose not to have the following rule with your program.
*Please note that NO COMMISSION is paid on your original
purchase of (EAZY4SHOP.COMBy Freelancer Chandan
Roy). In other words you cannot buy from yourself or be
your first purchase for the sole purpose of discounting your own product
purchase