This agreement (“Agreement”) describes the terms and conditions for
participation in the (top5mobileaccessories.in By Freelancer Akhand Pratap Singh) 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 (top5mobileaccessories.in By Freelancer Akhand Pratap Singh).
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.
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.
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 (top5mobileaccessories.in By Freelancer Akhand Pratap Singh). 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.
(top5mobileaccessories.in By Freelancer Akhand Pratap Singh) 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
(top5mobileaccessories.in By Freelancer Akhand Pratap Singh) will be deemed to be customers
of (top5mobileaccessories.in By Freelancer Akhand Pratap Singh). Prices and availability of our
products and services may vary from time to time. (top5mobileaccessories.in By
Freelancer Akhand Pratap Singh) 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.
As stated above, your eligibility to participate depends on several things including
how you promote the products or services. (top5mobileaccessories.in By Freelancer
Akhand Pratap Singh) reserves the right, in its sole discretion and without explanation to
you, to reject your participation in the (top5mobileaccessories.in By Freelancer Akhand Pratap Singh) based on site content. For example, Sites that do not qualify for the
(top5mobileaccessories.in By Freelancer Akhand Pratap Singh) 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 (top5mobileaccessories.in By Freelancer Akhand Pratap Singh)
Affiliate Program into disrepute
We reserve the sole right to determine whether your website is disqualified from
our program due to the above restrictions.
You must not under any circumstances engage in fraudulent, unfair, or deceptive
practices when participating in our (top5mobileaccessories.in By Freelancer Akhand Pratap Singh). 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.
Unsolicited Commercial E-mail – (top5mobileaccessories.in By Freelancer Akhand Pratap Singh)
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 (top5mobileaccessories.in By Freelancer Akhand Pratap Singh) 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.
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
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 antispam 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.
We make no express or implied warranties or representations with respect to the
Affiliate Program or your potential to earn income from the (top5mobileaccessories.in By Freelancer Akhand Pratap Singh) 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)
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
(https://top5mobileaccessories.in/ By Freelancer Akhand Pratap Singh). In other words you cannot buy
from yourself or be your first purchase for the sole purpose of discounting your
own product purchase.
I have read the terms of this agreement and I accept.