Aktualisiert: March, 2019
This Affiliate Program Operating Agreement (“Operating Agreement") contains the terms and conditions that govern your participation in the Affiliate Program (the"Programm”). “We,” “us, "Gold"our"means GoAffPro.com and Partner Website. “You"Gold"your"means the applicant. A “Website"means a website. “Partner Website"means the e-commerce / retail partner using the goaffpro affiliate tracking software. “Your website"means any site(s), any software application(s) and any Mobile Application (as defined hereinafter) that you link to the partner website. "Advertising Fees"means provisions earned for a successful and verified sale of 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 OUR POSTING OF A CHANGE NOTICE, REVISED OPERATING AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON THE PARTNER WEBSITE, YOU (A) AGREE TO BE BOUND BY THIS OPERATING AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS OPERATING AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E. G., YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS OPERATING AGREEMENT. IN ADDITION, IF THIS OPERATING AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS OPERATING AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS OPERATING AGREEMENT.
1. Beschreibung des Programms
The purpose of the Program is to permit you to advertise Products on your site and to earn advertising fees OR provisions for Qualifying Purchases (defined in Section 7) made by your end users. A "Product" is any item sold on the Partner Website, other than any products that are explicitly defined as excluded products here (collectively, “Excluded Products”). Product may also include certain services, if any, expressly included on the Affiliate Program Schedule Kommissionen. In order to facilitate your advertisement of Products, we may make available to you data, images, text, link Formate, widgets, links, and other linking tools, and other information in connection with the Program ("Content"). Content specifically excludes any data, images, text, or other information or content relating to products offered on any site other than the Partner Website.
To begin the enrollment process, you must submit a complete and accurate Program anwendung. 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 website is unsuitable. Unsuitable sites include those that:
(a) promote or contain sexually explicit materials;
(b) promote violence or contain violent materials;
(c) promote or contain libelous or defamatory materials;
(d) promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;
(e) promote or undertake illegal activities;
(f) include any trademark of GoAffPro, its Partner Websites or its affiliates, or a variant or misspelling of a trademark of GoAffPro, its Partner Websites or its affiliates, in any domain name, subdomain name, or in 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 are welcome to reapply at any time. However, if we accept your application and we later determine that your website is unsuitable, we may terminate this Operating Agreement at any time in our sole discretion.
You will ensure that the information in your Program application and otherwise associated with your account, including your email address and other contact information and identification of your site, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Program and this Operating Agreement to the e-mail address, then currently associated with your Program account. You will be deemed to have received all notifications, 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 Website
After you have been notified that you have been accepted into the Program, you may display Special Links on your website. “Special Links"are links to the Partner Site that you place on your website in accordance with this Operating Agreement, that properly musikdateien in the special "tagged"link Formate we provide, and that comply with the Affiliate Program Linking Requirements Special Links permit 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 Website occurring directly through Special Links. We will have no obligation to pay you advertising fees if you fail to properly format the links on your site to the Partner Site as Special Links, including to the extent that such failure may result in any reduction of advertising fee amounts 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 handheld devices (“Mobile Anwendung"), 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 Mobile Applications. We will evaluate your application and notify you of its acceptance or rejection. A Mobile Application that is accepted will be an "Approved Mobile Application" for the purposes of this Agreement.
Special Links displayed in Approved Mobile Apps may be served by the Affiliate API-gold-Partner-API(“Affiliate-API") or the Product Advertising API, including any Special Links displayed within an integrated web browser and must use the Affiliate ID we have assigned to you, expressly for your Approved Mobile Apps.
4. Program Requirements
By participating in the Program, you agree that you will comply with the Affiliate Program Participation Requirements and all pages, schedules, policies, guidelines, and other documents and materials referenced in this Operating Agreement (collectively, "Operational Documentation").
You will provide US with any information that 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 Associates Program Participation Requirements page or any other Operational Documentation or that you have otherwise violated this Operating Agreement, we may (in addition to any other rights or remedies available to us): (a) withhold any advertising fees payable to you under this Operating Agreement,; (b) close any other accounts you may have or may open in the future, without payment of any advertising fees; (c) terminate this Operating Agreement,; or (d) undertake all of the above actions.. In addition, you hereby consent to us:
- sending you E-Mails relating to the Program from time to time;
- monitoring, recording, using and disclosing information about your site and visitors to your website that we obtain in connection with your display of Special Links (z.b., that a particular customer clicked through a Special Link from your website before buying a Product on the Partner Website) in accordance with the Privacy Notice; and
- monitoring, crawling, and otherwise investigating your site to verify compliance with this Operating Agreement and the Operational Documentation.
5. Responsibility for Your Website
You will be solely responsible for your website, including its development, operation, and maintenance and all materials that appear on or within it. For example, you will be solely responsible for:
- the technical operation of your website and all related equipment;
- displaying Special Links and Content on your website, in compliance with this Operating Agreement and the Operational Documentation and any agreement between you and any other person or entity (including any restrictions or requirements placed on you, by any person or entity that hosts your website);
- creating and posting, and ensuring the accuracy, completeness, and appropriateness of, materials posted on your site (including all Product descriptions and other Product-related materials and any information you include within or associate with Special Links);
- using the Content, your website and the materials on or within your site in a manner that does not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity or other intellectual property or proprietary rights);
- using the Content, your website and the materials on or within your site in a manner that is not harmful, harassing, blasphemous, defamatory, obszöne, pornographic, pedophilic, libelous or otherwise in any manner whatsoever;
- any use that you make of the Content and the GoAffPro Marks, whether or not permitted under this Operating Agreement.
We will have no liability for these matters or for any of your end users' claims relating to these matters, and you agree to defend, indemnify, and hold us, our affiliates and licensors, and our and their respective employees, officers, directors, and representatives, harmless from and against 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 that appear on or within your site, and all other matters described in this Section 5; (c) your use of any Content, whether or not such use is authorized by or violates 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 Website. We reserve the right to reject orders that do not comply with any requirements on the Partner Site, 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 available to you reports summarizing those Qualifying Purchases.
7. Advertising Fees
We will pay you advertising fees on Qualifying Purchases in accordance with Section 8 and the Affiliate Program Schedule Kommissionen. In the event any excess payment has been made to you for any reason whatsoever, we reserve the right to adjust or offset the same against any 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 through a Special Link on your site to the Partner Site; (b) during a single Session that the customer adds a Product to his or her shopping cart and places the order for that Product no later than 89 days following the customer' s initial click-through; or (c) the Product is shipped to, and paid for by, the customer.
A “Sitzung"begins when a customer clicks through a Special Link on your website to the Partner Website and ends upon the first to occur of the following: (x) 24 hours elapses from that click; (y) the customer places an order for a Product; or (z) the customer follows a Special Link to the Partner Website that is not your Special Link.
Qualifying Purchases exclude, and we will not pay advertising fees on any of, the following:
any Product that after expiration of the anwendbaren 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 website to the Partner Website;
any Product purchase that is not correctly tracked or reported because the links from your site to the Partner Website are not properly formatted;
any Product purchased through a Special Link by you or on your behalf, including Products you purchase through Special Links for yourself, friends, relative, or associates (z.b., 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 where a cancellation, return, or refund has been initiated; and
any Product purchased by a customer who is referred to the Partner Website through any of the following:
a Prohibited paid Search Placement; or
a link to the Partner Site, including a Redirecting Link, that is generated or displayed on a Search Engine in response to a general Internet search query or keyword (I. E., in natural, free, organic, or unpaid search results), whether those links appear through your submission of data to that site or otherwise.
any Qualifying Purchase wherein you have offered any person or entity any consideration or incentives (including any money, rebate, discount, punkte, donation to charity or other organization, or other benefit) for using Special Links (z.b., by implementing any bonus or loyalty program that incentivizes persons 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, Product Advertising API or other linking tools that we make available to you.
any Qualifying Purchase, which takes place in India, made through a mobile device or tablet wherein:
the mobile application of the Partner Site is pre-loaded by the original equipment manufacturer ("OEM") on the device or tablet; or
the mobile application of the Partner Site is installed through a maintenance release or firmware update or firmware based notifications sent by the OEM or the notification partner; or
the mobile application of the Partner Site is installed from a source other than Google Play store or iOS App Store
“Prohibited Paid Search Placement"means jahr 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 "goaffpro," or any other trademark of GoAffPro or its affiliates, or variationen or misspellings of any of those words " (z.b., "goaffpor"). “Redirecting Link"means a link that sends users indirectly to the Partner Site über das jahr intermediate website or webpage and without requiring the user to click on a link or take some other affirmative action on that intermediate website or webpage. “Search Engine"means Google, Yahoo, Bing, or any other search engine, portal, sponsored advertising service, or other search or referral service, or any site that participates in any of their respective networks.
8. Advertising Fee Payment
We will pay you advertising fees on a monthly basis for Qualifying Purchases shipped, streamed, or downloaded (as applicable) in a given month, subject to any anwendbaren withholding or vorsteuerabzug described below. We will pay you approximately 60 days following the end of each calendar month, but we may zunehmende and withhold advertising fees until the total amount due to you is at least INR1000 in case of NEFT transfer.
The advertising fee payable to you is inclusive of all taxes including applicable service tax or goods and services tax or other tax or levy that you may be required to remit in connection with such services for which you will raise a valid invoice under applicable law(s) and regulations and report it in the returns within the prescribed time limit so that Partner Site can take input tax credit of the taxes paid. You undertake to comply with any of the anwendbaren rückstellungen of such law including but not limited to:
- timely issuance of GST compliant invoices;
- making the invoices available to Partner Website;
- depositing anwendbar abgaben on a periodic basis; and
- correctly reporting them to the government under tax laws.
If at any time credit of taxes is denied or payment of taxes is sought from Partner Site or GoAffPro, due to, but not limited to, issuance of a deficient invoice, default in payment of taxes, reporting inappropriate in the returns filed or non-compliance of anwendbaren laws and regulations by you, you shall indemnify Partner Website and GoAffPro against any denied credits or taxes recovered as well as any interest and elfmeter imposed on Partner Website and GoAffPro. If required by anwendbaren Indian tax law, we may deduct or withhold taxes, levies or any similar amounts from the advertising fees payable to you. If you are an Indian resident, advertising fees payable to you will be subject to income tax withholding at the rate vereinbart under applicable law. If you are not an Indian resident or have not provided US your PAN (Permanent Account Number), the rate of tax Withholding applicable to you will vary. Further, if you are a non-resident, you agree to provide necessary documentation, as may be required, for Partner Website and GoAffPro to satisfy any reporting or any verpflichtungen with respect to the advertising fee payable to you. If we deduct or withhold taxes from advertising fees payable to you, we will issue to you the relevant withholding tax certificate, if required under the applicable law, evidencing deposit of the taxes with the relevant regulatory authorities (for non-resident-this is subject to fallen documents made available). If you provide us with a nil or reduced withholding tax certificate, we will apply such nil or reduced tax rate as the anwendbaren withholding tax rate on advertising fees payable to you. You hereby agree that you will not pursue any claim against P or any of its affiliates, and hereby waive all such claims, you may now or in the future have, in respect of any taxes Partner Website and GoAffPro deposits with a fallen taxing authority pursuant to to the this Operating Agreement.
9. Policies and Pricing
Customers who buy products through this Program are customers of the Partner Site with Resping to all activities they undertake in connection with the Partner Site. Accordingly, as between you and us, all pricing, terms of sale, rules, policies, and operating procedures für customer orders, customer service, and product sales set forth on the Partner Site will apply to those customers, and the same may be changed at any time.
Identifying Yourself as an Associate
You will not is any press release or make any other public communication with Respiration to this Operating Agreement, your use of the Content, or your Teilnahme 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 ursache), or express or any relationship or any other person or other person or entity except a expressly permitted by this Operating Agreement Agreement. You must, however, clearly state the following on your site: "[ Insert your name] is a teilnehmer in the GoAffPro Affiliate Program, an affiliate program designed to provide a means for sites to earn advertising fees by advertising and linking to the partner site"
Subject to the terms of this Operating Agreement and solely for the limited purposes of advertising Products on, and directing end users to, the Partner Site in connection with the Program, we hereby grant you a limited, non-exclusive, royalty-free license to (b) use only those of our trademarks and logos that we may make available to you a part of Content (those trademarks and logos, collectively, "GoAffPro Marks") solely on your site and in vereinbarung with the Affiliate Program Trademark Guidelines
All licenses set forth in this Section 11 will immediately and automatically terminate if at any time you do not timely vollständiy with any Verpflichtung under this Operating Agreement or any Operational Documentation, or otherwise upon termination of this Operating Agreement. In der Addition, we may terminate the license set forth in this Section 11 in whole or in be part upon written Gebrauchsinformation to you. You will promptly remove from your site and delete or otherwise destroy all of the Content and GoAffPro Marks with Einhaltung to which the license set forth in this Section 11 is terminated or as we may otherwise request from time to time.
Associates Program IP License ("Lizenz”)
By accepting the Operating Agreement, or by accessing or using the Product Advertising Content (as defined hereinafter), including the proprietary application programming interfaces and other tools (collectively, the ")PA API") that permit you to access and use g of data, images, text, and other information and content relating to Products ("Product Advertising Content") which 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 Beteiligte with the Associates Agreement with the Operating Agreement (including this License and the other Documentation), we hereby grant you a limited, non-exclusive, royalty-free license to: (b) use only those of the Product Advertising Content, solely on your Site and in verbindung with the Associates Program. Trademark Guidelines, unless otherwise provided for in this Operating Agreement, and (c) access and use the PA API, Data Feed, and Product Advertising Content solely in vereinbarung with the Specifications and this License.
Reservierungen von Rights; Submissionen
Other than the limited licenses expressly set forth in Section 11, we reserve all right, title and interest (including all inteltual property and proprietary rights) in and to, and you do not, by virtue ownership interest or to, the Program, the Data Feeds, Product Advertising Content, any domain name owned or operated by us, information and ou the Associates Site, our and our affiliates ' trademarks and logos (including the GoAffPro) Marks), and any other intellektual property and technology that we provide or use in connection with the Program (including any application program interfaces, software development kits, libraries, sample code, and related materials).
If you provide us or any of our affiliates with vorschläge, reviews, Änderungen, data, images, text, or other information or content about a product or in connection with this Operating Agreement, any Content, or your teilnehmen 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 grant us (even if you have designated Your Submission as vertraulich) a perpetual, nonexclusive, worldwide, freely transferable right and license in any manner; (c) use and publish your name in the form of a credit in conjunction in conjunction in conjunction with Your Submission (however, we will not have any Verpflichtung to do so); and (d) sublicense the foregoing rights to any other person or entity. Additionally, you hereby warrant that: (y) Your Submission is your original work, or you obtained Your Submission in a lawful manner; and (z) our and our sublicensees of rights under the license above will not violate any person's or entity's rights, including any copyright rights. You agree to provide us such support as we may require to document, perfect, or maintain our rights in and to Your Submission.
3. Compliance with Laws
In Verbindung mit Your Beteiligung in the Program you will vollständiy with all anwendbar laws of India including but not limited to ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has Rechtsprechung over you.
Term and Termination
The term of this Operating Agreement will begin upon our acceptance of your Program application and will end when terminated by either you or us. Either you or we may terminate this Operating Agreement at any time, with or without grund, by giving the other party written Packungsbeilage of termination. Upon any termination of this Operating Agreement, any and all licenses you have with Respekt to Content will automatically terminate and you will immediately stop using the Content and GoAffPro Marks and delete or otherwise destroy all links to the Partner Site, all GoAffPro Marks, all other Content, and any other available or made available or otherwise in connection with the Program. We may withhold accrued unpaid advertising fees for a reasonable period of time following termination to ensure that the gültig amount is paid (e.g., to account for any cancelations or returns). Upon any termination of this Operating Agreement, all rights and Obligment of the be will be extinguished, except that the rights and Obligment of the Parteien under Sections 5, 9, 10, 12, 13, 14, 16, 17, 18, 19, and 20, together with any accrued but under this Operating Agreement, will be survive the termination of this Operating Agreement. Diese Operating Agreement Agreement will either werden either party for any liability for any breach of, or liability accruing under, this Operating Agreement prior to termination.
We may modify any of the terms and contained in this Operating Agreement (and any Operational Documentation) at any time and in our sole discretion by posting a revised agreement, or revised Operational Documentation on you by email to the email address then-currently associated with your Associates account (any such change by email and will in no event in no event two business days two business days the date the date the email is sent). Die Änderungen may include, for example, changes to the Associates Program Advertising Fee Schedule, Associates Program Participation Requirements, payment procedures, and other Program requirements. IF ANY MODIFIKATION IS UNANNEHMBAR TO YOU, YOUR ONLY REHUB IS TO TERMINATE THIS OPERATING AGREEMENT. YOUR CONTINUED TEILNAHME IN THE PROGRAM FOLLOWING THE DATE OF ANY MODIFIED (E.G., THE DATE OF OUR POSTING OF A CHANGE DOCUMENTATION, REVISED OPERATING AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON THE PARTNER SITE OR THE DATE SPECIFIED IN ANY EMAIL TO YOU BLICK OF THE CHANGE OF THE CHANGE OF THE CHANGE OF THE CHANGE.
Relationship of 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 representative, or employment relationship between you and us or our jeweiliges affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates ' behalf. You will not make any statement, whether on your site or otherwise, that widersprüche or may widersprt anything in this section. If you authorize, assist, ermutigt, or facilitate another 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.
Einschränkung der Liability
WE WILL NOT BE LIABLE FOR INDIREKTER, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXAMLARY OF REVENY (INCLUDING ANY LOSS OF REVENUE, PROFIT, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THIS OPERATING AGREEMENT, THE PROGRAM, THE PARTNER SITE, THE GOAFFPRO SITE OR THE SERVICE OFFERINGS (DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE ABLE OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS OPERATING AGREEMENT, THE PROGRAM, THE PARTNER SITE, THE GOAFFPRO SITE AND THE SERVICE OFFERINGS WILL NOT EXCEED TO YOU THIS OPERATING AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON THE MOST GIVING RISE OF LIABILITY OCCURRED.
THE PROGRAM, THE GOCHARPRO SITE, ANY PRODUCTS AND SERVICES OFFERED ON THE PARTNER SITE, ANY SPECIAL LINKS, LINK FORMAT, OPERATIONAL DOCUMENTATION, CONTENT, GOAFFPRO.COM DOMAIN NAME AND OUR AFFILIATES (INCLUDING THE GOAFFPRO MARKS), AND ALL TECHNOLOGY, SOFTWARE, DATA, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICETER IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE ")SERVICE OFFERINGS") ARE PROVIDED" AS IS. " NEITHER WE NOR ANY OF OUR AFFILIATES OR LICGEBER MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPIRATORY TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY ANWENDBAR LAW, WE AND OUR AFFILIATES AND LICGEBER DISCLAIM ALL WARRANTIES WITH THE SERVICE OFFERINGS, INCLUDING ANY OF MERCHANTABILITY, QUALITY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF ANY HUB OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISKONTINUIERLICH ANY SERVICE OFFERING, OR MAY CHANGE THE NATUR, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME IN OUR SOLE DISCRETION. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICGEBER WARRANT THAT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICBLER WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTS, INCLUDING POWER OUAGES OR SYSTEM FAILURES; OR (B) ANY ALTERATION OF, OR DELETION, ZERSTÖRUNG, 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 FROM 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 OPERATING AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICBLER WILL BE RESPONSIBLE FOR ANY KOMPENSATION WITH (X) ANY LOSS OF PROSPEKTIVE PROFIT OR REVENTIVE OF THIS OPERATING AGREEMENT OR YOUR BETEILIGT IN THE PROGRAM, OR (Z) ANY TERMINATION OF THIS OPERATING AGREEMENT OR YOUR BETEILIGT IN THE PROGRAM.
9. Government law and Disputes
This Operating Agreement will be governed by the laws of the Republic of India, without Blick to the principle of conflict of laws. The kurze at [ Haryana] shall have the exclude over any dispute relating 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 any actual or alleged infringement of our or any other person or entity ' inteltual property or proprietary rights. You further acknowledge and agree that our rights in the Content are of a special, einzigy, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequely compensated for in monetary damages.
You acknowledge and agree that we and our affiliates may at any time (directly or indirectly) solicit customer referrals on terms may may differ from those contained in this Operating Agreement or operate sites that are similar to or compete site with your site. You may not assign this Operating Agreement, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, this Operating Agreement will be binding on, inure to the benefit of, and be enforceable against the Teile and their e successors and assigns. Our failure to enforce your rights of any provision of this Operating Agreement Agreement not konstitute a waiver of our right to subsequently enforce such provision or any other provision of this Operating Agreement. In the event of any conflict between this Operating Agreement and the Operational Documentation, the Affiliate Program Excluded Products pagewill control over this Operating Agreement, which will control over the remainder of the Operational Documentation. Whenever used in this Operating Agreement, the terms "include (s)," including, ""e.g.," and "for example" mean, respektively, "include (s), without begrenzung," "e.g., without limid, "and" for example, without limid. " Any determinations or updates that may be made by us, any actions that may be taken by us, and any approvals that may be given by us 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 in connection with the Operating Agreement that is not known to the general public is considered ("Confidential Information"). You agree that: (a) all Confidential Information will remain GoAffPro's only property as is reasonably reasonably necessary for your performance under the Operating Agreement who have access to the Confidential Information to this provision; and (c) you will not otherwise disclose Confidential Information to any individual, company, or other third party (other than your affiliates). You agree that we may, in our sole discretion, disclose or make available any performance provided or submitted by you or related to your performance under this Operating Agreement to any governmental, regulatory or any other authority as may be with any of their orders, anweisungen or direting or to fulfill any requirements under anwendbare laws. You represent and warcher that you and your financial Institution (s) are not subject to Sanktionen or otherwise designated on any list of prohibited or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Department of Treasury's Specially Designated list and Foreign Sanctions Evaders list and the US Department of Commerce's Entity List, or other anwendbar government authority.
MOBILE ANWENDUNG POLICY
These Mobile Guidelines ("Mobile Guidelines") apply to your Include of Special Links in your Approved Mobile Application. "We," "us," or "our" means GoAffPro.com, its Partner Sites or any of its affiliates, as the case be. "You" means the user agent for the associate account associated with the Approved Mobile Application. All kapitalized terms used below that are not defined on this page have the meanings given to them in the Operating Agreement. Strict compliance with these Mobile Guidelines is required at all times, and any Verletzung of these Mobile Guidelines will automatically terminate the Operating Agreement.
Your Mobile Application:
- Must be free to download and all Referral links must be zugängliches without paying for access;
- have must have original content;
- o not emulate our Partner Site own shopping app functionality (if any);
- nicht have price trace tracking and/or price warnting functionality, unless approved in advance by GoAffPro or its Partner Site in writing;
- ist nicht host or render Partner site Web Seiten in WebViews.
We may modify this Mobile Application Policy at any time and in our sole discretion by posting a change Packungsbeilage or revised or a revised Mobile Application Policy on the GoAffPro or the Partner Site. IF ANY MODIFIKATION IS UNANNEHMBAR TO YOU, YOUR ONLY REHUB IS TO TERMINATE YOUR TEILNEHMEN IN THE PROGRAM. YOUR CONTINUED INCLUDE LINKS IN YOUR APPROVED MOBILE APPLICATION FOLLOWING OUR POSTING OF A CHANGE PACKUNGSBEILAGE OR A REVISED MOBILE APPLICATION POLICY ON THE PARTNER SITE WILL KONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
We reserve the right, exercisable in its sole discretion, to take against action against any use without permission or any use that does not conform to this Mobile Application Policy.