This agreement ( “Agreement “) describes the terms and conditions for participation in the ( coolfit.in by freelancers shyam gupta ) employee relationship between us . if you are accepting this Agreement on behalf of another person or a company you agree that participate in our affiliate program “we”and “our” refer to (coolfit.in by freelancers Shyam gupta)
You and we are independent parties and you agree that this agreement shall not create any form of parthership 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 blind them.
REGISTRATION AND USE
To be eligible to participate as an affiliate , you must be at least eighteen (18) years old . and have a vaild 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 respersent and agree that all information is. and will remain , truthfull and current
We reserve the right to determine whether you are eiligable or termiante you particiation with us at any time without notice . We reserve the right to terminate your account of any time without notice or reason . but specifically we may do so it you or your site violates any term of this agreement or any applicable law , Terminate of your account for breach a violation of law may include forferiture of any compension owned and disgorgment of any already paid .
AGREEMENT DURATION AND TERMAINTION
This Agreement will begain upon our acceptance of your affiliate application and will end when termianted by either party , but we may terminate this agreement at any time without notice , for breach or vioation of law
Termaintion may occur at any time , with or without causes 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 forfiet 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 sale of goods or srvice by affiliates (ie, nexus tax ) and the advertister does not wish to promote its product in that state through you.
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 modification may include, but are not limited to , changes in the scope of available referral fees , fees schedules payment procedures and rules relating to our affilaite program .if any of the modifiactions are unacceptable to you. you must immediately terminate this agreement and notify us of such notifiaction ; 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 indiacting that you accept the modifications and agree to comply with them.
The schedule for you to receive compensation is based on the occurrence of a event , which is governed by the terms of the offer and its requirements . we reserve the right in our sale discretion to determine the validity of any event that would lead to compensation to you. Furthermore we will have no obligation to pay in invalid actions or is the advertiser(s) fails to rent payment
Depending on the particular offer , your compensation may be based on ( PERCENTAGE AS DESIDED BY AMAZON AFFILIATE PROGRAM FOR DIFFERENT PRODUCT & CATEGORIES) % of the gross revenue of RS_____ per sale as a commission form the particular valid action that would trigger compensation to you. ( ie order placed through your Affiliate site) .You will only be paid for legitimate compensation that was earned , which is determined by us in sale discretion , Payment will be made by an approved method that compensation that was 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 least Rs 50,000USD (or another number agreed in writing by both parties ) and paid on terms of a schedule of ______days after the last of the calendar month or another time frame has been agreed upon in writing by both parties
(Amazon Affiliate program)
For a sale to generate a commission to an affiliate , the customers must complete the order form , remit full payment for the service ordered , and have their installation completed .You will receive ______% for order form remit full placed through the affiliate sites of those sub affiliates which you have sponsored into the______ Affiliate program ,Affiliate commission, will only be paid on sale 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 (Coolfit.in by shyam gupta).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 commissions on sub – affiliate sales in any given month ,an affiliate must personally sell at least one order during that month .Affiliates will be responsible for all taxes and fees that all taxes that they may incur.
(Coolfit.in by shyam gupta ) will be solely responsible for processing every order placed by a customers on the Affiliates and sub affiliates sites . Customers who purchase product and services through the (Coolfit.in by shyam gupta ) will be deemed to be customers of (Coolfit.in by shyam gupta) .Prices and availability of our product and services may vary from time to time (Coolfit.in by shyam gupta) .? Policies will always determine the price paid by the customers. We reserve the right to reject any order that does not comply with rules , Operating procedures and policies.
As stated above your eligibility to participate depends on several things including how you promote the products or service . (Coolfit.in by shyam gupta) reserves the right , in its sole to reject your participation in the (Coolfit.in by shyam gupta) based on site content. For example sites that do not qualify for the (Coolfit.in by shyam gupta) Affiliates 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 , nationally ,disability ,sexual, orientation or age
- Promote illegal or questionable activities .
- Violate intellectual property rights or other right of third parties
- Sites that use spyware , malware or adware
- Sites that collect personal information about visitors without their knowledge
- Sites that any offer
- Sites that impersonate any person or give the impression that the site is endorased by any 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
- `Would otherwise bring our (Coolfit.in by shyam gupta) Affiliate program into disrepute
We reserve into sole right to determine whether your website is disqualified from our program due to the above restrictions.
You must not under any circumstance engage in fraudulent .unfair . or deceptive practices when practices when participating in our (coolfit.in by marketer shyamgupta). This includes , but is “ limited to the practice commonly known as cookie stuffing “ offering non – existent incentives as a reward purchasing items , or any other fraudulent , unfair ,or deceptive practice . We reserve that 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 be 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
Unsolicited commercial E-mail – ( Coolfit.in in by Marketer shyam gupta ) in no way participates in mass unsolicited E-mailing (ie spamming ), and all affiliates are expected not to do anything that would violate this policy . Violation of the policy will result in the termination of the Agreement and immediate dismissal form the ( Coolfit.in by Marketer shyamgupta ). Affiliate program ,with no refund or payment made for affiliate commissions earned
DATA AND INTELLECTUAL 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 an advertiser for a particular offer .You do not have any intellectual property rights in any of those material . 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 say feguarding it, which includes not reproducing it or storing it in unsecure locations .You will not disclose any of the data to anyone outside of this Agreement and will notify us within two (2) hour if you believe the data or you site has been compromised . You will be liable to use for any
You agree not to hold us liable for any damages related to issue beyond control , including but not limited to , acts of God, war ,terrorism , insurrection riots , criminal activity natural disasters, disruption of communication or infrastructure , labor shortages or disruptions (including unlawful strikes ) shortages of a materials and any other events which are not within our control
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 – policy and we get sued as a result of your activity , you must indemnify us for the damages and legal fees that you casus us to incur
We make no express or implied warranties or representations with respect to the Affiliate program or you potential to earn income from the (coolfit.in by Marketer shyamgupta) .Affiliate program . In addition we make no representations that the operation of our sites 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 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 lose of any data .In jurisdictions that limited or do not allow these exclusions our maximum liability will not exceed any amounts paid to you within the previous three (3) payment cycles .
If any count 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 law applicable in the state of ( Insert your state here ), without reference to rules governing conflicts of law . Any action relating to this Agreement must be brought in a court of competent jurisdiction located (insert your city and state here ) ,or if on such court of competent jurisdiction exists in that geographical area , then the hear the action