Affiliate program terms and conditions

Operating agreement for the partner program

This Affiliate Program Operating Agreement (“Operating Agreement”) contains the terms and conditions that govern your participation in the Affiliate Program (the “Program”). “We”, “us” or “our” means GoAffPro.com and affiliate website. “You” or “Your” means the applicant. A “Website” means a website. “Affiliate Site” means the e-commerce/retail partner using goaffpro’s affiliate tracking software. “Your Site” means any Site(s), Software Application(s) and Mobile Application (as defined below) that you link to the Partner Site. “Advertising Fees” means commissions earned for a successful and verified sale of a product on the Affiliate 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 THE POSTING OF A CHANGE NOTICE, REVISED OPERATING AGREEMENT OR REVISED OPERATIONAL DOCUMENTATION OF THE PARTNER WEBSITE YOU AGREE (A) AGREE TO BE BOUND BY THIS OPERATING AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATE THE APPROPRIATENESS OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, WARRANTY OR STATEMENT NOT EXPRESSLY SET FORTH IN THIS OPERATING AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LEGALLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR) AND THAT YOU WILL AND WILL CONTINUE TO ABIDE BY THIS OPERATING AGREEMENT. IF THIS OPERATING AGREEMENT IS ADDITIONALLY AGREEED BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS OPERATING AGREEMENT ON BEHALF OF SUCH COMPANY OR LEGAL ENTITY HEREBY REPRESENTS AND WARRANTS THAT SHE IS AUTHORIZED AND LEGAL TO ACT AGE IS, THIS COMPANY OR TO BIND SUCH LEGAL ENTITY TO THIS OPERATING AGREEMENT.

1. Description of the program
The purpose of the Program is to allow you to advertise products on your website and earn advertising fees OR commissions for qualifying purchases (defined in Section 7) made by your End Users. A “Product” is any item sold on the Partner Site, excluding products expressly defined herein as Excluded Products (collectively, “Excluded Products”). A product may also include certain services, if any, that are specifically listed on the affiliate program commission list. To facilitate your promotion of Products, we may provide you with data, images, text, link formats, widgets, links and other linking tools, and other information related to the Program ("Content"). Content expressly excludes any data, images, text or other information or content relating to products offered on any website other than the partner website.

2. Registration
To begin the enrollment process, you must submit a complete and accurate program application. You must indicate your location in your application. We will review your application and inform you if it is accepted or rejected. We may reject your application at our sole discretion, including if we determine that your website is unsuitable. Inappropriate sites include those that:

(a) promotes or contains sexually explicit materials;

(b) promote violence or contain violent material;

(c) promotes or contains any offensive or defamatory material;

(d) promote discrimination or engage in discriminatory practices based on race, gender, religion, nationality, disability, sexual orientation or age;

(e) promote or conduct any illegal activities;

(f) any trademark of GoAffPro, its partner sites or affiliates, or any variation or misspelling of a trademark of GoAffPro, its partner sites or affiliates in a domain name, subdomain name or in a username, group name or other identifier on a social networking site Site included; or

(g) otherwise violate intellectual property rights.

If we reject your application, you can reapply at any time. However, if we accept your application and 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 your website identification, is complete, accurate, and current at all times. We may send notices (if applicable), approvals (if applicable) and other communications relating to the Program and this Operating Agreement to the email address then currently associated with your Program account. You will be deemed to have received all notices, authorizations and other communications sent to this 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 can display special links on your website. "Special Links" are links to the Affiliate Site that you place on your site in accordance with this Operating Agreement, that properly utilize the special "tagged" link formats we offer, and that meet the Affiliate Program's linking requirements. Special Links allow for accurate Tracking, reporting and accrual of advertising fees.

You may earn advertising fees only as described in Section 7 and only with respect to activities on the Partner Site that occur directly through Special Links. We will have no obligation to pay you any advertising fees if you fail to properly format the links on your website to the Partner Site as Special Links, including to the extent that such failure may result in a reduction in the amounts of the advertising fees 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 Application"), you must include the name of the Mobile Application and the link to your Mobile Application in your Specify application to the program. The eligibility and other requirements of this Section 3 and the Mobile Application Policy apply to mobile applications. We will review your application and inform you of its acceptance or rejection. An Accepted Mobile Application is an “Approved Mobile Application” for purposes of this Agreement.

Special links displayed in approved mobile applications may be served through the Partner API or the Partner API ("Partner API") or the Product Promotion API, including any special links displayed in an integrated web browser, and must use the Partner ID that we have specifically assigned to you for your approved mobile applications.

4. Program Requirements
By participating in the Program, you agree that you will comply with the requirements for participation in the Affiliate Program and all pages, schedules, policies, guidelines and other documents and materials referred to in this Operating Agreement (collectively, "Operational Documentation") ), must be adhered to.

You will provide us with any information necessary for us to verify your compliance with this Operating Agreement or any Operating Documentation. If we determine that you have failed to comply with any requirement or limitation set forth on the Associates Program Requirements page or other operating documentation, or that you have otherwise violated this Operating Agreement, we may exercise (in addition to any other options available to us rights or remedies available to you): (a) retain advertising fees payable to you under this Operating Agreement; (b) close any other accounts you have or may open in the future without paying any advertising fees; (c) terminate this Operating Agreement; or (d) take any of the above actions. Furthermore, you hereby agree to us:

send you emails from time to time regarding the Program;
the monitoring, recording, use and disclosure of information about your website and your website visitors that we receive in connection with your display of special links (e.g. that a particular customer clicked through a special link from your website before purchasing a product purchased on the partner website), in accordance with the data protection notice; and
monitoring, crawling and other investigations at your site to verify compliance with this Operating Agreement and the Operating Documentation.

5. Responsibility for your site
You are solely responsible for your website, including its development, operation and maintenance, and all materials appearing on or in it. For example, you will be solely responsible for:

  • the technical operation of your website and all related devices;
  • displaying special links and content on your website in accordance with this Operating Agreement and the operating documentation and any agreement between you and any other person or entity (including any restrictions or requirements imposed on you by any person or entity hosting your website, be imposed);
  • creating and publishing, and ensuring the accuracy, completeness and appropriateness of, the materials posted on your site (including all product descriptions and other product-related materials and any information you include in or associate with Special Links);
  • using the Content, your website and the materials on or within your website in a way that does not infringe our rights or the rights of any other person or entity (including copyright, trademark, privacy, publicity or other intellectual property or proprietary rights), violates or abuses them;
  • use the Content, your website and the materials on or within your website in a manner that is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous or otherwise in any way;
  • accurately and appropriately disclose on your site, either through a privacy policy or otherwise, how you collect, use, store and disclose information collected from visitors, including, where applicable, that third parties (including us and other advertisers) provide content and advertising, information collect directly from visitors and place or recognize cookies on visitors' browsers; and
  • any use you make of the Content and the GoAffPro Marks, whether or not permitted under this Operating Agreement.

We shall have no liability for such matters or for any claims by your End Users relating to such matters, and you agree to defend, indemnify and hold harmless us, our affiliates and licensors, and our and their respective employees, officers, directors and agents and indemnify you from and against any and all claims, damages, losses, liabilities, costs and expenses (including attorneys' fees) relating to (a) your website or any materials appearing on your website, including the combination of your website or such materials with other applications, content or processes; (b) the use, development, design, manufacture, production, production, advertising, promotion or marketing of your Website or any materials appearing on or within your Website, and all others in this Section 5 matters described; (c) your use of any Content, regardless of whether such use is authorized by or in violation of this Operating Agreement, any operating documentation or applicable law; (d) your violation of any term of this Operating Agreement or any Operating Documentation; or (e) your or your employees' negligence or willful misconduct.

6. Order processing
We process product orders from customers who follow special links from your website to the partner website. We reserve the right to refuse orders that do not meet the requirements set out on the partner website, as these may be updated from time to time. We will track Eligible Purchases (defined in Section 7) for reporting and advertising fee accrual purposes and provide you with reports summarizing such Eligible Purchases.

7. Advertising Fees
We will pay you advertising fees for eligible purchases in accordance with Section 8 and the Affiliate Program Commission Plan. In the event that an excess payment has been made to you for any reason, we reserve the right to adjust it or offset it against subsequent advertising fees payable to you in accordance with this Operating Agreement. Subject to the exclusions set out below, a “Qualifying Purchase” occurs when (a) a customer clicks on the Partner Site via a specific link on your website; (b) the Customer adds a Product to their shopping cart during a single session and places the order for that Product no later than 89 days after the Customer's first click; or (c) the Product is shipped to and paid for by the Customer.

A “Session” begins when a customer clicks on the Partner Site via a special link on your Site and ends when the first of the following events occurs: (x) 24 hours elapse after that click; (y) the Customer places an order for a Product; or (z) the customer follows a specific link to the partner website that is not your specific link.

Qualifying purchases exclude the following and we will not pay advertising fees for the following:

  • Products added to a customer's shopping cart or streamed or downloaded by a customer after the end of the respective session, even if the customer previously followed a Special Link from your website to the partner website;
  • any product purchase that is not properly tracked or reported because the links from your website 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 a Special Link for yourself, friends, relatives or associates (e.g. personal orders, orders for your own use and orders placed by you for or on behalf of another natural or legal person);
  • any product purchased for resale or commercial use of any kind;
  • any Product purchased after the termination of this Operating Agreement;
  • any Product order for which a cancellation, return or refund has been initiated; and
  • any product purchased by a customer referred to the partner website through any of the following means:
  • a prohibited paid search placement; or
  • a link to the partner website, including a redirect link, 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), regardless of whether those links appear through your entry of information on this website or otherwise.
  • any qualifying purchases in which you have offered any person or entity any consideration or incentive (including cash, rebate, discount, points, donations to charities or other organizations, or other benefits) for using Special Links (e.g . by implementing "rewards" or loyalty programs that encourage natural or legal persons to visit the partner website through 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 supported by the AMA API, Product Advertising API or other linking tools we make available to you, was served.
  • any qualifying purchase made in India via a mobile device or tablet where:
  • the Partner Website mobile application is pre-installed on the device or tablet by the original equipment manufacturer (“OEM”); or
  • the Partner Website mobile application is installed through a maintenance release or firmware update or firmware-based notifications sent by the OEM or the Notification Partner; or
  • the partner website mobile application is installed from a source other than the Google Play Store or the iOS App Store

“Prohibited paid search placement” means an advertisement that you purchased by bidding on keywords, search terms or other identifiers (including copyrighted terms) or otherwise participating in keyword auctions. “Proprietary Terms” means keywords, search terms or other identifiers that contain the word “goaffpro” or any other trademark of GoAffPro or its partners, or variations or misspellings of any of these words (e.g. “goaffpor”). “Redirecting Link” means a link that sends Users to the Partner Site indirectly through an intermediate page or webpage without the User having to click on a link or take any other affirmative action on that intermediate page or webpage. “Search Engine” means Google, Yahoo, Bing or any other search engine, portal, sponsored advertising service or other search or recommendation service or website participating in one of their respective networks.

8. Payment of Advertising Fee
We will pay you advertising fees on a monthly basis for qualifying purchases sent, streamed or downloaded (as applicable) in a given month, subject to any applicable withholding or deduction as described below. We will pay you approximately 60 days after the end of each calendar month, but in the case of NEFT transfers, we may accrue and withhold advertising fees until the total amount payable to you is at least INR1000.

The Advertising Fee payable to you includes all taxes, including any applicable service or goods and services tax or any other taxes or duties payable by you in connection with such services for which you issue a valid invoice in accordance with applicable laws and regulations and report these in the returns within the prescribed period so that the partner website can credit the taxes paid as input tax. You agree to comply with all applicable provisions of any such law, including but not limited to

  • timely issuance of GST compliant invoices;
  • to provide the invoices of the partner website;
  • regular deposit of applicable taxes; and
  • to report them correctly to the government in accordance with tax laws.


If at any time credit for taxes is denied or payment of taxes is required by the Partner Site or GoAffPro due to, but not limited to, the issuance of an incorrect invoice, non-payment of taxes, improper reporting in the returns filed, or failure by you to comply with applicable laws and regulations, you shall indemnify the Partner Site and GoAffPro from any credits denied or taxes collected, as well as from all interest and penalties imposed on the Partner Site and GoAffPro. If required by applicable Indian tax law, we may deduct or withhold taxes, duties or similar amounts from the advertising fees payable to you. If you are a resident of India, advertising fees payable to you will be subject to withholding of income taxes at the rate established by applicable law. If you are not a resident of India or have not provided us with your PAN (Permanent Account Number), the tax withholding rate applicable to you will vary. If you are a non-resident, you further agree to provide the Partner Site and GoAffPro with such documentation as may be required to comply with any reporting or other obligations relating to the Advertising Fee payable to you . If we deduct or withhold taxes from the advertising fees payable to you, we will, if required by applicable law, issue to you the appropriate withholding tax certificate evidencing the deposit of the taxes with the applicable regulatory authorities (for non-residents, this is subject to the relevant ones provided). Documents). If you provide us with a zero or reduced withholding tax certificate, we will apply the zero or reduced tax rate as the applicable 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 any such claim you may have now or in the future with respect to Taxes Affiliate Site and GoAffPro deposits at any relevant Tax authority in accordance with this operating agreement.

9. Policies and Pricing
Customers who purchase products through this program are customers of the partner website with respect to all activities they carry out in connection with the partner website. Accordingly, as between you and us, all prices, terms and conditions of sale, rules, policies and operating procedures relating to customer orders, customer service and product sales set forth on the Partner Site will apply to such customers and are subject to change at any time.

10. Identify yourself as a partner
You will not issue any press release or make any other public communication regarding this Operating Agreement, your use of the Content or your participation in the Program. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, support or contribute to any charity or other cause), or any relationship or affiliation between us and you or express or imply any other person or entity, unless expressly permitted in this Operating Agreement. However, you must clearly state the following on your website: "[Enter your name] is a participant in the GoAffPro Affiliate Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to the affiliate. website to earn".

11. Limited License
Subject to the terms and conditions of this Operating Agreement and solely for the limited purpose of promoting products on the Partner Site in connection with the Program and directing End Users to the Partner Site, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to (a) copy and display the Content solely on your website; and (b) only those of our trademarks and logos that we provide to you as part of the Content (those trademarks and logos, collectively the "GoAffPro Marks") solely on your website and in accordance with the Trademark Guidelines of the to use the affiliate program.

All licenses set forth in this Section 11 will terminate immediately and automatically if at any time you fail to timely perform any obligation under this Operating Agreement or any Operating Documentation, or otherwise upon termination of this Operating Agreement. In addition, we may terminate the license set forth in this Section 11, in whole or in part, upon written notice to you. You will promptly remove from your Website and delete or otherwise destroy all Content and GoAffPro Marks with respect to which the license set forth in this Section 11 is terminated, or as we may otherwise request from time to time.

Affiliate Program IP License (“License”)

By accepting the Operating Agreement or by accessing or using the Product Promotional Content (as defined below), including the proprietary application programming interfaces and other tools (collectively, "PA API") that allow you to access and use certain types of data , images, text and other information and content relating to products ("Product Promotional Content") that we make available to you, you agree to this license.

Subject to the terms and conditions of this License and solely for the limited purpose of participating in the Associates Program in strict accordance with the Operating Agreement (including this License and other operating documentation), we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, Royalty-free license: (a) to copy and display Product Promotional Content solely on your website; (b) use only those of the GoAffPro trademarks that we provide to you as part of the Product Promotional Content solely on your website and in accordance with the Associates Program Brand Guidelines, unless otherwise provided in this Operating Agreement, and (c ) access and use the PA API, Data Feed and Product Promotional Content solely in accordance with the Specifications and this License.

12. Reservation of rights; Submissions
Except for the limited licenses expressly set forth in Section 11, we retain all right, title and interest (including all intellectual property rights and proprietary rights) in and to the Program, the Specific Links, the Link Formats, the Content, the PA API, the Data Feeds and the Product Promotional Content, and you acquire no ownership interest or rights in and to the Program, the Special Links, the Link Formats, the Content, the PA API, the Data Feeds and the Product Promotional Content, all by virtue of this Operating Agreement or the license contained herein Domain names owned or operated by us, information and materials on a partner website or the partner website, our and our partners' trademarks and logos (including the GoAffPro trademarks), and all other intellectual property rights and technologies, that we provide or use in connection with the Program (including all application program interfaces, software development kits, libraries, sample code and related materials).

If you provide us or one of our affiliates with suggestions, reviews, modifications, data, images, text or other information or content regarding a product or in connection with this Operating Agreement, Content or your participation 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 your Submission and (even if you have marked your Submission as confidential) grant to us a perpetual, paid, royalty-free, non-exclusive, worldwide, irrevocable, freely transferable right and license to (a) use, reproduce, perform, display and distribute your Contribution in any manner; (b) adapt, modify, reformat and create derivative works of your Submission for any purpose; (c) use and publication of your name in attribution in connection with your Submission (but we are not obligated 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 that you received your Submission through a lawful manner; and (z) the exercise by us and our sublicensees of the rights under the license above will not infringe the rights of any person or entity, including copyright. You agree to assist us in documenting, perfecting or maintaining our rights in your Submission.

13. Compliance with Laws
In connection with your participation in the Program, you will comply with all applicable laws of India, including but not limited to ordinances, rules, regulations, orders, licenses, permits, judgments, decisions and other requirements of any governmental authority having jurisdiction over you.

14. Termination and Termination
The term of this Operating Agreement begins upon our acceptance of your Program application and ends when terminated by either you or us. Either you or we may terminate this Operating Agreement at any time, with or without cause, by providing written notice of termination to the other party. Upon any termination of this Operating Agreement, all licenses you have with respect to the Content will automatically terminate and you will immediately cease all use of the Content and the GoAffPro Marks and immediately all links to the Partner Site, all GoAffPro Marks, all other Content and remove and delete or otherwise destroy any other materials provided or made available to you by us or on our behalf under this Operating Agreement or otherwise in connection with the Program. We may retain accrued unpaid advertising fees for a reasonable period after termination to ensure that the correct amount is paid (e.g. to bill cancellations or returns). Upon termination of this Operating Agreement, all rights and obligations of the parties will terminate, except that the rights and obligations of the parties pursuant to Sections 5, 9, 10, 12, 13, 14, 16, 17, 18, 19 and 20 together with all accrued but unpaid payment obligations of us under this Operating Agreement will survive the termination of this Operating Agreement. No termination of this Operating Agreement will relieve either party from any liability for any breach of this Operating Agreement or for any liabilities accruing prior to termination of this Operating Agreement.

15th Amendment
We may change any of the terms and conditions contained in this Operating Agreement (and any Operating Documentation) at any time and in our sole discretion by posting a change notice, a revised Agreement or revised Operating Documentation on the Partner Site or by providing you with a notice through a send such change by email to the email address then associated with your Affiliate Account (any such change by email will be effective on the date specified in the email and in no event will be lessened). than two business days after the date the email was sent). Changes may include, for example, changes to Associates Program advertising fees, Associates Program eligibility requirements, payment procedures and other program requirements. IF ANY CHANGE IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY IS TO TERMINATE THIS OPERATING AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM AFTER THE EFFECTIVE DATE OF ANY CHANGE (SUCH AS THE DATE OF POSTING BY US OF A CHANGE NOTICE, REVISED OPERATING AGREEMENT OR REVISED OPERATING DOCUMENTATION ON THE AFFILIATE SITE OR THE DATE SPECIFIED IN AN EMAIL TO YOU REGARDING SUCH CHANGE IS STATED) CONSTITUTES YOUR BINDING ACCEPTANCE OF THE CHANGE.

16. Relationship of the Parties
You and we are independent contractors, and nothing contained in this Operating Agreement or the Operating Documentation shall create a partnership, joint venture, agency, franchise, sales representative or employment relationship between you and us or our respective partners. You are not authorized to make or accept offers or representations on behalf of us or our affiliates. You will not make any statements, whether on your website or otherwise, that are or may be inconsistent with anything in this Section. If you authorize, assist, encourage 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.

17. Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOSS OF REVENUE, PROFITS, GOODWILL, USE OR DATA) ARISING IN CONNECTION WITH THIS OPERATING AGREEMENT, THE PROGRAM, THE OPERATIONAL DOCUMENTATION, THE AFFILIATES SITE, THE GOAFFPRO SITE, OR THE SERVICE OFFERINGS (AS DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS OPERATING AGREEMENT, THE PROGRAM, THE AFFILIATE WEBSITE, THE GOAFFPRO WEBSITE AND THE SERVICE OFFERINGS SHALL NOT EXCEED THE TOTAL ADVERTISING FEES PAID TO YOU UNDER THIS OPERATING AGREEMENT IN THE IMMEDIATE TWELVE MONTHS THE DATE HAS BEEN PAID OR SHALL BE PAID ON WHICH THE EVENT HAS OCCURRED THAT GIVEN THE MOST RECENT LIABILITY CLAIM.

18. Disclaimer
THE PROGRAM, THE GOAFFPRO WEBSITE, THE AFFILIATE WEBSITE, ALL PRODUCTS AND SERVICES OFFERED ON THE AFFILIATE WEBSITE, ALL SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, THE DOMAIN NAME GOAFFPRO.COM, AND OUR AFFILIATES' TRADEMARKS AND LOGOS (INCLUDING THE GOAFFPRO TRADEMARKS) AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY US OR ON BEHALF OF OUR PARTNERS OR LICENSORS IN CONNECTION WITH THE PROGRAM ( COLLECTIVELY, THE “SERVICE OFFERINGS”), ARE PROVIDED “AS IS.” NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES REGARDING THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUIET ENJOYMENT ANY WARRANTIES ARISING FROM COURSE OF DEALING, PERFORMANCE OR USAGE OF TRADE. WE MAY DISCONTINUE A SERVICE OFFERING OR CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE OR OPERATION OF A SERVICE OFFERING AT ANY TIME AND FROM TIME TO TIME IN OUR SOLE DISCRETION. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE AVAILABLE, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN A PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR-FREE OR FREE OF HARMFUL COMPONENTS ARE. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS SHALL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) UNAUTHORIZED ACCESS TO, OR ALTERATION, DELETION, DESTRUCTION, DAMAGE OR LOSS OF, YOUR WEBSITE OR ANY DATA, IMAGES, TEXT OR OTHER INFORMATION OR CONTENT. No advice or information that you have received from us or another natural or legal person or by the program, the content, the operating documentation, the GoaffPro website or the website of the partner program, justify a guarantee that is not expressly stated in this company agreement IS. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS SHALL BE LIABLE FOR ANY COMPENSATION, REFUNDS OR DAMAGES IN CONNECTION WITH (X) ANY LOSS OF ANTICIPATED PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL OR OTHER BENEFITS, (Y) INVESTMENTS GIFTS OR OBLIGATIONS BY YOU IN CONNECTION WITH THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM OR (Z) ANY TERMINATION OF THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM.

19. Governing Law and Disputes
This Operating Agreement shall be governed by the laws of the Republic of India without regard to its conflict of law principles. The courts in [Haryana] shall have exclusive jurisdiction over any dispute relating to 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 competent jurisdiction for any actual or alleged infringement of ours or any other person's or entity's intellectual property rights or proprietary rights. You further acknowledge and agree that our rights in the Content have a special, unique, extraordinary character that gives them special value, the loss of which cannot be easily estimated or adequately compensated for by monetary damages.

20. Miscellaneous
You acknowledge and agree that we and our affiliates may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Operating Agreement, or operate websites that are similar to or competitive with your website. You may not assign this Operating Agreement, by operation of law or otherwise, without our express prior written consent. Subject to this limitation, this Operating Agreement will be binding, beneficial and enforceable upon the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Operating Agreement shall not constitute a waiver of our right to subsequently enforce that provision or any other provision of this Operating Agreement. In the event of a conflict between this Operating Agreement and the Operating Documentation, the Affiliate Program Excluded Products Site will control this Operating Agreement, which will have control over the remainder of the Operating Documentation. Whenever used in this Operating Agreement, the terms "include", "include", "e.g." and "for example" each mean "include, without limitation", "include, without limitation", "e.g., without limitation" and "for Example, without limitation”. Any decisions or updates made or updated by us, any actions that may be taken by us, and any authorizations that may be granted by us under this Operating Agreement may be made or granted 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 will be considered (“Confidential Information”). You agree: (a) all Confidential Information will remain the exclusive property of GoAffPro; (b) you will use Confidential Information only as is reasonably necessary for your performance under the Operating Agreement and will ensure that persons having access to Confidential Information are informed of and comply with the obligations in 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 to any judicial, quasi-judicial, governmental, regulatory or other authority any information provided or submitted by you or relating to your performance under this Operating Agreement to the extent that this is necessary for us to cooperate and/or to fulfill your orders, instructions or instructions or to comply with requirements under applicable law. You represent and warrant that you and your financial institution(s) are not subject to any sanctions or otherwise named on any list of prohibited or restricted parties or owned or controlled by any such party, including, but not limited to, the Lists maintained by the United Nations Security Council, the U.S. Government (e.g., the U.S. Treasury Department's List of Specially Designated Nationals and the U.S. Department of Commerce's Foreign Sanctions Evaders List and Entity List), the European Union or its member states, or other applicable government agencies .

MOBILE APPLICATION POLICY
These Mobile Device Guidelines (“Mobile Device Guidelines”) apply to your inclusion of Special Links in your Approved Mobile Application. “We”, “us” or “our” means GoAffPro.com, its partner sites or one of its affiliates, as applicable. “You” means the user agent for the Partner Account associated with the Approved Mobile Application. All capitalized terms used below that are not defined on this page have the meaning assigned to them in the Operating Agreement. Strict compliance with these Cellular Policies is required at all times and any violation of these Cellular Policies will automatically result in termination of the Operating Agreement.

Your mobile application:

  • must be free to download and all referral links must be accessible without payment;
  • must have original content;
  • must not emulate our partner website's own shopping app functionality (if any);
  • must not have price tracking and/or price notification functionality unless approved in advance in writing by GoAffPro or its partner site;
  • may not host or display the partner site's web pages in WebViews.

We may change this Mobile Application Policy at any time and in our sole discretion by posting a change notice or a revised or revised Mobile Application Policy on the GoAffPro or Partner Site.

IF ANY CHANGE IS UNACCEPTABLE TO YOU, YOUR SOLE REMEDY IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM. YOUR CONTINUED INCLUSION OF SPECIAL LINKS IN YOUR APPROVED MOBILE APPLICATION FOLLOWING US POSTING OF A CHANGE NOTICE OR REVISED MOBILE APPLICATION POLICY ON THE PARTNER SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

We reserve the right, in our sole discretion, to take appropriate action against any unauthorized use or use inconsistent with this Mobile Application Policy.