Aryashaadi Business Affiliate Terms &
This Agreement contains the complete
terms and conditions that apply to an individual's or entity's participation in
the Aryashaadi.com Business Affiliate Program (the "Program"). As used in this
Agreement, "we" means AryaShaadi.com, and "you" means the applicant. "Site"
means a World Wide Web site and, depending on the context, refers either to
AryaShaadi.com's site located at the URL http://www.aryashaadi.com, or to the
site that you will link to our site (and which you will identify in your
Enrollment in the Program
To begin the enrollment process, you will submit a complete Program application
via our site. We will evaluate your application in good faith and will notify
you of your acceptance or rejection. We may reject your application if we
determine (at our sole discretion) that your site is unsuitable for the
Program. Examples of unsuitable sites (this list is not exhaustive) are those
Promote sexually explicit materials,
adult and/or mature content, Hacking/cracking content.
Promote violence & profanity.
Promote racial intolerance, or
advocate against any individual, group, or organization, sex, religion,
nationality, disability, sexual orientation, or age
Promote illegal activities, gambling
or casino-related content.
Include "Aryashaadi" or variations
or misspellings thereof in their domain names.
Otherwise violate intellectual
Are in any nature perceived to be as
competitive sites to Aryashaadi.com.
Has Excessive advertising;
Excessive, repetitive, or irrelevant keywords in the content or code of web
Offers Incentives (monetary or
point-based) to users to click on Aryashaadi.com links or ads.
Offer sales or promote of certain
weapons, such as firearms, ammunition, balisongs, butterfly knives, and brass
Offer sales or promote of beer or
hard alcohol, tobacco or tobacco-related products, prescription drugs.
If we reject your application, you are
welcome to reapply to the Program at any time. You should also note that if we
accept your application and your site is thereafter determined (at our sole
discretion) to be unsuitable for the Program, we may terminate this Agreement
at any time.
Links on Your Site
Once you have been notified that your site has been accepted into the Program,
you may provide on your site a general link to Aryashaadi.com home page at
http://www.aryashaadi.com. We will provide you with guidelines and graphical
artwork to use in linking to our home page.
To permit accurate tracking,
reporting, and referral fee accrual, we will provide you with special "tagged"
link formats to be used in all links between your site and our site. You must
ensure that each of the links between your site and our site properly utilizes
such special link formats. Links to our site placed on your site pursuant to
this Agreement and which properly utilize such special link formats are
referred to as "Special Link" Or "Affiliate Link" Or "Partner Link". You will
only earn referral fees with respect to activity on our site occurring directly
through "Special Link" Or "Affiliate Link" Or "Partner Link": we will not be
liable to you with respect to any failure by you to use "Special Link" Or
"Affiliate Link" Or "Partner Link", including to the extent that such failure
may result in any reduction of amounts which would otherwise be paid to you
pursuant to this Agreement.
We will process orders placed by customers who follow Special Links (referred
as "Special Link" Or "Affiliate Link" Or "Partner Link") from your site to our
site. We reserve the right to reject orders that do not comply with any
requirements that we periodically may establish. We will be responsible for all
aspects of order processing and service fulfillment. Among other things, we
will prepare order forms, process payments, handle service fulfillment and
customer service. We will track sales made to customers who purchase products
and services using Special Links (referred as "Special Link" Or "Affiliate
Link" Or "Partner Link") from your site to our site and will make available to
you reports summarizing this sales activity. The form, content, and frequency
of the reports may vary from time to time at our discretion.
We will pay you (in accordance with the terms described below) referral fees on
certain sales to third parties. For a sale to be eligible to earn a referral
fee, the customer must follow a Special Link (referred as "Special Link" Or
"Affiliate Link" Or "Partner Link")from your site to our site, place an order
for a Premium Membership using our automated ordering system and remit full
payment to us. We will not, however, pay referral fees on persons who are using
only the FREE services provided by Aryashaadi.com.
Referral fees will NOT be paid on all
Premium Membership orders placed by the referred member in future.You may not
place orders during sessions initiated through the links on your site for your
own use, for resale or commercial use of any kind. This includes orders for
customers or on behalf of customers or orders to be used by you or your
friends, relatives or Alliances in any manner. Such purchases may result (in
our sole discretion) in the withholding of referral fees or the termination of
this Agreement. A Qualifying Product is one on the sale of which a Partner is
entitled to Qualifying Revenues.
In addition, you may not directly or
indirectly offer any person or entity any consideration or incentive
(including, without limitation, payment of money or awarding of any benefits)
for using Special Links (referred as "Special Link" Or "Affiliate Link" Or
"Partner Link")on your site to access our site (e.g., by implementing any
"rewards" program for persons or entities who use Special Links on your site to
access our site). If we determine, in our sole discretion, that you have
offered any person or entity any such consideration or incentive, we may
(without limiting any other rights or remedies available to us) withhold any
referral fees otherwise payable to you under this Agreement.
Referral Fee Payment
At the end of every month, we will mail cheques for the amount due to you. This
is subject to a minimum balance of Rs.1,200 in your account (unless otherwise
agreed to in writing, including email).If your account balance is less than
Rs.1,200, we'll carry it forward to the next month and mail you the cheque once
the balance touches Rs.1,200.Payments will be made against invoices as
follows:Email your invoice to email@example.com. You
will receive your payment within 10 working days.Please reach us a signed paper
invoice within next 30 days or before you send us your next invoice.
At the end of every month, we will send you
funds via PayPal (http://www.PayPal.com) subject to a minimum earned balance of
INR 5,000 (Approx. USD 100) in your account (unless otherwise agreed to in
writing, including electronic mail).If your account balance is less than INR
5,000, we'll carry it forward to the next month and send you the funds once the
balance touches INR 5,000.If you do NOT wish to receive funds via PayPal,
Payments will be made against invoices as follows:Email your invoice to
firstname.lastname@example.org. You will
receive your payment within 10 working days. Please reach us a signed paper
invoice within next 30 days or before you send us your next invoice.
Policies and Pricing
Customers who register through this Program will be deemed to be customers of
AryaShaadi.com. Accordingly, all Aryashaadi.com terms and conditions, rules,
policies, and operating procedures concerning member conduct, customer service,
and sales will apply to those customers. We may change our policies and
operating procedures at any time. For example, we will determine the prices to
be charged for services sold under this Program in accordance with our own
Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance
of your site and for all materials that appear on your site. For example, you
will be solely responsible for (this list is not exhaustive) :
The technical operation of your site
and all related equipment.
Ensuring that materials posted on
your site do not violate or infringe upon the rights of any third party
(including, for example, copyrights, trademarks, privacy, or other personal or
Ensuring that materials posted on
your site are not libelous or otherwise illegal.
We disclaim all liability for these
matters. Further, you will indemnify and hold us harmless from all claims,
damages, and expenses (including, without limitation, attorneys' fees) relating
to the development, operation, maintenance, and contents of your site.
Term of the Agreement
The term of this Agreement will begin upon our acceptance of your
Program application and will end when terminated by either party. Either you or
we may terminate this Agreement at any time, with or without cause, by giving
the other party written notice of termination. Upon the termination of this
Agreement for any reason, you will immediately cease use of, and remove from
your site, all links to our site, and all Aryashaadi.com trademarks, trade
dress and logos, and all other materials provided by or on behalf of us to you
pursuant hereto or in connection with the Program. You are only eligible to
earn referral fees on our sales of Qualifying Products occurring during the
term, and referral fees earned through the date of termination will remain
payable only if the related orders are not canceled or returned. We may
withhold your final payment for a reasonable time to ensure that the correct
amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at
any time and in our sole discretion, by posting a change notice or a new
agreement on our site. Modifications may include, for example, changes in the
scope of available referral fees, referral fee schedules, payment procedures,
and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY
RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE
PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE
WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will
create any partnership, joint venture, agency, franchise, sales representative,
or employment relationship between the parties. You will have no authority to
make or accept any offers or representations on our behalf. You will not make
any statement, whether on your site or otherwise, that reasonably would
contradict anything in this Section.
Limitation of Liability
We will not be liable for indirect, special, or consequential damages
(or any loss of revenue, profits, or data) arising in connection with this
Agreement or the Program, even if we have been advised of the possibility of
such damages. Further, our aggregate liability arising with respect to this
Agreement and the Program will not exceed at any time and under any
circumstances the total referral fees paid or payable to you under this
We make no express or implied warranties or representations with respect to the
Program or any products sold through the Program (including, without
limitation, warranties of fitness, merchantability, non-infringement, or any
implied warranties arising out of a course of performance, dealing, or trade
usage). In addition, 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.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS
AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY)
SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN
THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR
WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN
THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT
OTHER THAN AS SET FORTH IN THIS AGREEMENT.
This Agreement will be governed by Indian laws without reference to rules
governing choice of laws. Any action relating to this Agreement must be brought
in the Jaipur Jurisdiction, India and you irrevocably consent to the
jurisdiction of such courts. You may not assign this Agreement, by operation of
law or otherwise, without our prior written consent. 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.