This agreement (“Agreement”) describes the terms and conditions for participation in the (binnybotanics.in By Freelencer Karan Kumar) Affiliate Program. The terms “Affiliate,” “you,” and “your” refer to the person applying to participate in our affiliate program. “We” and “our” refer to (binnybotanics.in By Freelencer Karan Kumar). 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 the 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 to terminate your participation with us at any time, without notice. We may terminate your account at any time without notice or reason, specifically if you or your site violate 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. 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 and 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 compensation from the date of termination. We may also reject any application if you are from a state that imposes a tax on the sale of goods or services by affiliates 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. These modifications may include 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; 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 a percentage of the gross revenue or a fixed amount 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 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 $50.00 USD (or another amount agreed in writing by both parties) and paid on a schedule of ___ days after the last day of the calendar month or another time frame agreed upon in writing by both parties. 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 commissions for orders placed through the Affiliate Sites of those sub-Affiliates which you have sponsored into the (binnybotanics.in By Freelencer Karan Kumar) Affiliate Program. Affiliate commissions will only be paid on sales 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 Binny Botanics. 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. To qualify for commissions on sub-affiliate sales in any given month, an affiliate must personally sell at least one order during that month. Affiliates will also be responsible for all taxes and fees that they may incur.
ORDER PROCESSING
(binnybotanics.in By Freelencer Karan Kumar) 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 (binnybotanics.in By Freelencer Karan Kumar) will be deemed to be customers of Binny Botanics. Prices and availability of our products and services may vary from time to time. (binnybotanics.in By Freelencer Karan Kumar)’ 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 factors including how you promote the products or services. (binnybotanics.in By Freelencer Karan Kumar) reserves the right, in its sole discretion and without explanation to you, to reject your participation based on site content. For example, Sites that do not qualify for the (binnybotanics.in By Freelencer Karan Kumar) 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.
- Use spyware, malware, or adware.
- Collect personal information about visitors without their knowledge.
- Use iframe technology to display offers.
- Impersonate any person or give the impression that the site is endorsed by any particular person.
- Are unable to direct reasonable amounts of traffic.
- Are under construction.
- Require a login/password unless approved by us.
- Contain exit pops or ghost pixel firing.
- Use fake news stories or are created to resemble a news site (flogs, farticles).
- Violate any law of any applicable jurisdiction.
- Otherwise bring our (binnybotanics.in By Freelencer Karan Kumar) 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 engage in fraudulent, unfair, or deceptive practices when participating in our (binnybotanics.in By Freelencer Karan Kumar) Affiliate Program. This includes, but is not limited to, practices such as “cookie stuffing,” offering non-existent incentives as rewards for purchasing items, or any other fraudulent, unfair, or deceptive practices. We reserve the right to determine, in our sole discretion, whether you or your site has utilized any fraudulent methods 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. If your account is suspended or terminated for fraud, you will forgo any rights to compensation, both paid and unpaid.
SPAM (UCE)
Unsolicited Commercial Email – (binnybotanics.in By Freelencer Karan Kumar) does not participate in mass unsolicited emailing (i.e., spamming), and all Affiliates are expected not to engage in activities that would violate this policy. Violation of this policy will result in the termination of the Agreement and immediate dismissal from the (binnybotanics.in By Freelencer Karan Kumar) Affiliate Program, with no refund or payments made for affiliate commissions earned.
DATA AND INTELLECTUAL PROPERTY
Once you are approved and remain eligible, you are granted a non-exclusive, revocable, limited non-transferable license to use materials provided to you by us or an advertiser for a particular offer. You do not have any intellectual property rights in any of these materials. Any data collected or generated through your efforts, use, or participation is deemed to be confidential information of our company and is 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, including not reproducing it or storing it in unsecure locations. You will not disclose 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, 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 not within our control.
INDEMNITY
You agree to indemnify us 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 incurred.
DISCLAIMER
We make no express or implied warranties or representations regarding the Affiliate Program or your potential to earn income from the (binnybotanics.in By Freelencer Karan Kumar) Affiliate Program. Additionally, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
GOVERNING LAW
This Agreement will be governed by and construed in accordance with the laws of the state of [State], without regard to its conflicts of law principles. Any disputes arising out of this Agreement or your participation in the Affiliate Program will be resolved exclusively in the courts located in [State].
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and arrangements, whether written or oral, relating to the subject matter of this Agreement.