Affiliate Program Operating Agreement
This Affiliate Program Operating Agreement contains the terms and conditions that govern your participation in the Affiliate Program.
"We", "us" and "our" means LAJOLIEFUN and the partner website. "You" means the applicant. A “site” means a website. "Partner Site" means the e-commerce/retail partner using the goaffpro Affiliate Tracking Software. "LAJOLIEFUN " means any site, any software application and any 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 Partner Site by a Customer using your referral link.
BY CHECK THE BOX INDICATING THAT YOU ACCEPT THE TERMS AND CONDITIONS OF THIS OPERATING AGREEMENT, OR BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING THE POSTING OF A NOTICE OF CHANGE, REVISED OPERATING AGREEMENT OR REVISED OPERATIONAL DOCUMENTATION ON PARTNER'S 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 REPRESENTATIONS, WARRANTIES OR STATEMENTS OTHER THAN THOSE EXPRESSLY STATED IN THIS OPERATING AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LEGALLY CAPABLE OF ENTERING INTO CONTRACTS (FOR EXAMPLE, YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS OPERATING AGREEMENT. FURTHER, IF THIS OPERATING AGREEMENT IS ENTERED INTO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON ACCEPTING THIS OPERATING AGREEMENT ON BEHALF OF SUCH COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE/SHE IS AUTHORIZED AND LEGALLY CAPABLE TO BIND THIS COMPANY OR ENTITY TO THIS OPERATING AGREEMENT.
1. Description of the Program
The purpose of the Program is to allow you to advertise Products on your Site 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 Partner's website, except for any product explicitly defined as an Excluded Product herein (collectively, "Excluded Products"). The Product may also include certain services, if any, expressly included in the Affiliate Program's commission schedule. To facilitate your advertising of the Products, we may make available to you data, images, text, link formats, widgets, links and other linking tools, and other related information. with the Program ("Content"). The Content specifically excludes any data, images, text or other information or content relating to the products offered on any site other than the Partner Site.
To begin the registration process, you must submit a complete and accurate program application. You must identify your site in your application. We will assess your application and notify you of its acceptance or rejection. We may reject your application at our sole discretion, including if we determine that your site is not suitable.Inappropriate sites include those that:
(a) promote or contain sexually explicit material;
(b) promote violence or contain violent content;
(c) promote or contain libelous or defamatory material;
(d) promote discrimination or employ discriminatory practices based on race, sex, religion, nationality, disability, sexual orientation or age;
(e) promote or engage in illegal activities;
(f) include any trademark of GoAffPro, its partner sites or affiliates, or variation or misspelling of any trademark of GoAffPro, its partner sites or affiliates, in any domain name, subdomain name or in any username, group name, or other identifier on any social networking site; or so
(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 site is not suitable, we may terminate this operating agreement at any time in our sole discretion.
You will ensure that the information contained in your program application and otherwise associated with your account, including your email address and other contact information and your site identification, is at all times complete, accurate and up to date. 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, approvals 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 site
After being notified that you have been accepted into the program, you can post special links on your site. "Special Links" are links to the Partner Site that you place on your Site in accordance with this Operating Agreement, that properly use the special "marked" link formats that we provide, and that comply with the Program's link requirements. of affiliation. Special links allow precise tracking. , reporting and accumulation of advertising costs.
You may earn Advertising Fees only as described in Section 7 and only with respect to activity on the Partner Site occurring directly through Special Links. We shall 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 reduced amounts of advertising costs 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 portable devices ("mobile application"), you must include the name of the mobile application and the link to your mobile application in your Program application. The suitability and other requirements of this Section 3 and the Mobile Application Policy will apply to Mobile Applications. We will assess your application and notify you of its acceptance or rejection. An Accepted Mobile Application will be an "Approved Mobile Application" for purposes of this Agreement.
Special Links displayed in Approved Mobile Applications may be served by Affiliate API or Partner API ("Affiliate API") or Product Advertising API, including any Special Links displayed in an embedded web browser and must use the Affiliate ID we have assigned to you specifically for your Approved Mobile Applications.
4. Program Requirements
By participating in the Program, you agree to abide by the Affiliate Program Participation Requirements and all pages, schedules, policies, guidelines, and other documents and materials referenced in this Operating Agreement (collectively, the "operational documentation").
You will provide us with any information we request to verify your compliance with this Operating Agreement or any Operational Documentation. If we determine that you have failed to comply with any requirements or restrictions described on the Partners Program Terms of Participation page or other operational documentation or that you have otherwise violated this Operating Agreement, we may (in addition to any other right or remedy available to us): (a) withhold any advertising fees owed to you under this Operating Agreement; ; (b) close any other accounts you may have or open in the future, without paying any advertising fees; (c) terminate this Operating Agreement; or (d) take all of the above actions. Further, you hereby consent that we:
send you program-related emails from time to time;
monitor, record, use and disclose information about your site and visitors to your site that we obtain in connection with your display of special links (for example, that a particular customer clicked on a special link from your site before purchasing a product on the Partner Site) in accordance with the Privacy Notice; and
monitor, scan and otherwise investigate your site to verify compliance with this operating agreement and operational documentation.
5. Responsibility for your site
You shall be solely responsible for your site, including its development, operation and maintenance, and for all materials appearing or appearing on it.For example, you will be solely responsible for:
the technical operation of your site and all related equipment;
post Special Links and Content on your Site in accordance with this Operating Agreement and Operational Documentation and any agreement between you and any other person or entity (including any restrictions or requirements imposed by any person or entity who hosts your site);
create and publish, and ensure the accuracy, completeness and timeliness of, materials posted on your site (including all product descriptions and other product-related materials and any information you include or link to specials);
use the content, your site and the materials on or in your site in a way that does not infringe, violate or misappropriate any of our rights or those of any other person or entity (including the rights of copyright, trademarks, privacy, publicity, or other intellectual property or proprietary rights);
use the Content, your site and the materials on or in your site in a way that is not harmful, harassing, profane, defamatory, obscene, pornographic, pedophile, libelous or otherwise in any way;
any use you make of the LAJOLIEFUN Content and Marks , whether or not authorized under this Operating Agreement
We shall have no liability for such matters or for any of your end users' claims relating to such matters, and you agree to defend, indemnify, and hold us, our affiliates and licensors licensee, and our and their employees, officers, directors, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) related to (a ) your site or any materials that appear on your site, including combining 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 in your site, and all other matters described in the this Section 5; (c) your use of any Content, whether or not such use is authorized by this Operating Agreement, any Operational Documentation, or applicable law; (d) your breach of any term or condition of this Operating Agreement or any Operational Documentation; or (e) your negligence or willful misconduct or that of your employees.
6. Order Processing
We will process product orders placed by customers who follow the special links from your site to the partner site. We reserve the right to reject orders that do not comply with the requirements of the partner site, as they may be updated from time to time. We will track Qualifying Purchases (defined in Section 7) for reporting and accrual of Advertising Fees and will make available to you reports summarizing those Qualifying Purchases.
We will pay you advertising fees on qualifying purchases in accordance with Section 8 and the Affiliate Program Commission Schedule. In the event an overpayment is made to you for any reason, we reserve the right the right to adjust or set it off against 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 on a special link from your site to the Partner Site; (b) during a single Session, the customer adds a Product to their cart and places the order for that Product no later than 89 days after the customer's initial click; or (c) the product is shipped and paid for by the customer.
A “session” begins when a customer clicks on a special link from your site to the partner site and ends on the earliest of the following events: (x) 24 hours pass from that click; (y) the customer places an order for a Product; or (z) the customer follows a special link to the partner site that is not your special link.
Qualifying purchases exclude, and we will not pay advertising fees on the following:
any Product that, after the expiration of the applicable Session, is added to a customer's Shopping Cart, or is streamed or downloaded by a customer, even if the customer has previously followed a Special Link from your site to the Partner Site;
any Product purchase that is not properly tracked or reported because your site's links to the Partner Site 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, relatives or associates (e.g. 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 for which a cancellation, return or refund has been initiated; and
any Product purchased by a customer who is redirected to the Partner Site by any of the following means:
paid search placement prohibited; or so
a link to the Partner Site, including a redirect link, which 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 such links appear through your submission of data to this site or otherwise.
any qualifying purchase in which you offered any person or entity consideration or inducement (including any cash, rebate, rebate, points, donation to charity or other organization, or any other advantage) for the use of special links (for example, by implementing a "rewards" or loyalty program which induces people or entities to visit the Partner Site via your Special Links).
any product purchased through a Special Link in a Mobile App that was not an Approved Mobile App or where the Special Link in an Approved Mobile App 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 or tablet device in which:
the Partner Site mobile application is preloaded by the original equipment manufacturer ("OEM") on the device or tablet; or so
the partner site's mobile app is installed via a maintenance release or firmware update or firmware-based notifications sent by the OEM or notification partner; or so
the Partner Site's mobile application is installed from a source other than Google Play store or iOS App Store
"Prohibited Paid Search Placement" means an advertisement that you have purchased by bidding on keywords, search terms or other identifiers (including proprietary terms) or participating in keyword auctions" Proprietary Term" means keywords, search terms, or other identifiers that include the word "LAJOLIEFUN " or any other trademark of GoAffPro or its affiliates, or variations or faults spelling of one of these words (for example, "LAJOLIEFUN "). "Redirect Link" means a link that indirectly directs Users to the Partner Site through an intermediary site or web page and without requiring the User to click on a link or perform any other positive action on that site or Web page. intermediate. "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. Payment of advertising costs
We will pay you advertising fees on a monthly basis for qualifying purchases shipped, streamed, or downloaded (as applicable) in any given month, subject to any applicable withholdings or deductions described below . We will pay you approximately 60 days after the end of each calendar month, but we may accrue and withhold advertising fees until the total amount owed to you is at least INR 1,000 in the case of NEFT transfers.
The advertising fees payable to you include all taxes, including applicable service tax or goods and services tax or any other tax or levy that you may be required to pay in connection with such services for which you will issue a valid invoice under applicable laws. ) and regulations and declare it in the declarations within the time limits so that Partner Site can benefit from the tax credit on the inputs of the taxes paid. You agree to comply with all applicable provisions of this law, including, but not limited to:
timely issuance of GST compliant invoices;
make invoices available to Partner Site;
file applicable taxes on a periodic basis; and
properly report them to the government under tax laws.
If, at any time, tax credit is declined or tax payment is requested from the partner site or GoAffPro, due to, but not limited to, the issuance of a defective invoice, failure to pay taxes, improper statement in filings or non-compliance with applicable laws and regulations by you, you shall indemnify the Partner Site and GoAffPro against any denied credit or recovered tax as well as any interest and penalties imposed on the partner site and GoAffPro.If required by applicable Indian tax law, we may deduct or withhold taxes, levies or any similar amount from the advertising fees payable to you. If you are a resident of India, the advertising fees payable to you will be subject to withholding income tax at the rate stipulated by applicable law. If you are not a resident of India or have not provided us with your PAN (Permanent Account Number), the rate of withholding tax applicable to you will vary. Additionally, if you are a non-resident, you agree to provide necessary documentation, as required, for the Partner Site and GoAffPro to satisfy any report or obligation regarding advertising fees owed to you. If we deduct or withhold taxes from advertising expenses payable to you, we will issue the relevant tax withholding certificate to you, if required by applicable law, evidencing the filing of taxes with the relevant regulatory authorities (for non-residents, this is subject to relevant documents made available). If you provide us with a certificate of zero or reduced withholding tax, we will apply that zero or reduced rate of tax as the applicable rate of withholding tax on the advertising costs payable to you. You hereby agree that you will not pursue any claims against P or any of its affiliates, and hereby waive all claims you may have now or in the future, with respect to Partner Site Taxes and GoAffPro's filings with a competent taxing authority pursuant to this Operating Agreement.
9. Policies and Pricing
Customers who purchase products through this program are customers of the Partner Site with respect to all activities they undertake in connection with the Partner Site. As a result, between you and us, all prices, terms of sale, rules, policies and operating procedures regarding customer orders, customer service and product sales listed on the Partner Site will apply to such customers, and the same can be changed. at any time.
10. Login as an associate
You will not issue any press releases or other public communications 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 expressing or implying that we support, sponsor, endorse or contribute to any charity or other cause), or express or does not imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Operating Agreement. You must, however, clearly state the following on your site: LAJOLIEFUN 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 partner. website"
Subject to the terms of this Operating Agreement and solely for the limited purposes of advertising the Products on the Partner Site and directing end users to it in connection with the Program, we hereby grant to you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to (a) copy and display the Content only on your site; and (b) use only those of our marks and logos that we may make available to you as part of the Content (such marks and logos, collectively, the “LAJOLIEFUN Marks”) only on your site and in accordance Affiliate Program Guidelines
All licenses set forth in this Section 11 shall immediately and automatically terminate if at any time you fail to timely comply with any obligation under this Operating Agreement or any Operational 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. You will promptly remove from your site and remove or otherwise destroy all Content and MarksLAJOLIEFUNfor which the license set forth in this Section 11 is terminated or as we may request from time to time.
Partner Program IP License ("License")
By accepting the Operating Agreement, or by accessing or using Product Advertising Content (as defined below), including proprietary application programming interfaces and other tools (collectively, the "PA API") that allow you to access and use certain types of data, images, text, and other information and content relating to the Products ("Product Advertising Content") that we may place 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 participating in the Partner Program strictly in accordance with the Operating Agreement (including this License and other Operational Documentation), we hereby grant to you a right limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to: (a) copy and display Product Advertising Content only on your site; (b) use only those GoAffPro Marks that we make available to you as part of Product Advertising Content, only on your Site and in accordance with the Associates Program Guidelines, except as otherwise provided in this Operating Agreement, and (c) access and use the PA API, Data Feed, and Product Advertising Content only 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 reserve all right, title and interest (including all intellectual property and proprietary rights) in and to, and you do not , under this Operating Agreement or the license below otherwise, acquire any interest or ownership in or to the Program, Special Links, Link Formats, Content, PA API, Streams data, product advertising content, any domain names owned or operated by us, information and materials on any Partner Site or Associated Site, our trademarks and logos and those of our affiliates (including GoAffPro trademarks) , and any other intellectual property and technology we provide or use in connection with the program (including application programming interfaces, software development kits, libraries, sample code, and m related materials)
If you provide us or any of our affiliates with suggestions, reviews, modifications, data, images, text, or other information or content about or in connection with a product this operating agreement, any 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 relating to Your Submission and grant to us (even if you have designated Your Submission as confidential) a perpetual, paid, royalty-free, non-exclusive, worldwide, irrevocable, and freely transferable right and license to (a) use, reproduce, perform, display and distribute your Submission in any way; (b) adapt, modify, reformat and create derivative works of your Submission for any purpose; (c) use and publish your name as a credit in conjunction with your Submission (however, we shall have no obligation to do so); and (d) sublicense the foregoing rights to any other person or entity. Further, you hereby warrant that: (y) Your Submission is your original work, or that you obtained Your Submission legally; and (z) the exercise of our rights and those of our sublicensees under the above license will not infringe the rights of any person or entity, including copyrights. You agree to provide us with such assistance as we may require to document, perfect, or maintain our rights to 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. Duration and Termination
The term of this Operating Agreement will begin upon our acceptance of your application to the Program and will end when terminated by you or us. You or we may terminate this Operating Agreement at any time, with or without cause, by giving the other party written notice of termination.Upon any termination of this Operating Agreement, all licenses you have with respect to the Content will automatically terminate and you will immediately cease using the Content and the GoAffPro Marks and promptly remove from your Site and remove or otherwise destroy all links. to the Partner Site, all GoAffPro trademarks, other content and other materials provided or made available to you by or on our behalf under this Operating Agreement or otherwise in connection with the Program We may withhold advertising fees outstanding amounts accrued for a reasonable period after termination to ensure that the correct amount is paid (for example, to account for any cancellations or returns). Upon termination of this Operating Agreement, all rights and obligations of the parties shall be extinguished, except for the rights and obligations of the parties under Articles 5, 9, 10, 12, 13, 14, 16, 17 , 18, 19, and 20, and all accrued but unpaid payment obligations of us under this Operating Agreement, shall survive the termination of this Operating Agreement. No termination of this Operating Agreement shall relieve either party of any liability for any breach or liability arising out of this Operating Agreement prior to termination.
We may modify any of the terms and conditions contained in this Operating Agreement (and any Operational Documentation) at any time in our sole discretion by posting a Notice of Change, a Revised Agreement, or Revised Operational Documentation on the Partner Site or by sending notice of such change by e-mail to the e-mail address then currently associated with your Associates account (any e-mail change will be effective as of the date specified in this e-mail). -email and in no case will be less than two working days after the date on which the e-mail is sent). Changes may include, for example, changes to the Associates Program advertising fee schedule, Associates Program terms of participation, payment procedures, and other Program requirements. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR SOLE REMEDY IS TO TERMINATE THIS OPERATING AGREEMENT. YOUR PARTICIPATION CONTINUES IN THE PROGRAM AFTER THE EFFECTIVE DATE OF ANY CHANGE (FOR EXAMPLE, THE DATE OF OUR POSTING OF A CHANGE NOTICE, REVISED OPERATING AGREEMENT OR REVISED OPERATIONAL DOCUMENTATION ON THE SITE PARTNER OR THE DATE SPECIFIED IN ANY EMAIL REGARDING SUCH MODIFICATION) SHALL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
16. Relationship between the parties
You and we are independent contractors, and nothing in this Operating Agreement or the Operating Documentation will create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our behalf or on behalf of our affiliates. You will not make any statement, whether on your site or otherwise, that contradicts or may contradict anything in this section. If you authorize, assist, encourage or facilitate any other 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.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING OUT OF THIS OPERATING AGREEMENT, PROGRAM, OPERATIONAL DOCUMENTATION, PARTNER SITE, GOAFFPRO SITE OR SERVICE OFFERINGS (DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES FURTHER, OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OPERATION, THE PROGRAM, THE PARTNER SITE, THE GOAFFPRO SITE AND THE SERVICE OFFERINGS WILL NOT EXCEED THE TOTAL ADVERTISING FEES PAID OR PAYABLE TO YOU UNDER THIS OPERATING AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRIOR TO THE DATE ON WHICH THE THE EVENT GIVING RISE TO THE MOST RECENT LIABILITY CLAIM HAS OCCURRED.
THE PROGRAM, GOAFFPRO SITE, PARTNER SITE, ALL PRODUCTS AND SERVICES OFFERED ON THE PARTNER SITE, ALL SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, GOAFFPRO.COM DOMAIN NAME AND THE TRADEMARKS AND LOGOS OF OUR AFFILIATES (INCLUDING THE GOAFFPRO MARKS), AND ALL TECHNOLOGIES, SOFTWARE, FEATURES, MATERIALS, DATA, IMAGES, TEXT AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY "SERVICE OFFERINGS") ARE PROVIDED "AS IS". NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO 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, AND ANY WARRANTIES ARISING OUT OF ANY CONDUCT, PERFORMANCE OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING OR MODIFY THE NATURE, FEATURES, FEATURES, 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 LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, ON A CONSTANT OR SPECIFIC WAY, OR WILL BE UNINTERRUPTED, ACCURATE, FREE OF ERROR OR HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES OR INTERRUPTION IN SERVICE, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION OR DELETION, DESTRUCTION, 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 ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM, CONTENT, OPERATIONAL DOCUMENTATION, GOAFFPRO SITE OR AFFILIATE PROGRAM SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. OPERATION. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS SHALL BE LIABLE FOR ANY COMPENSATION, REIMBURSEMENT OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF POTENTIAL PROFITS OR REVENUES, ADVANCED SALES, GOODWILL OR OTHER BENEFITS, (Y ) ANY INVESTMENTS, EXPENSES OR LIABILITIES 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.Applicable Law and Disputes
This Operating Agreement shall be governed by the laws of the Republic of India, without regard to the principle of conflict of laws The courts of [Haryana] shall have exclusive jurisdiction over any dispute relating to or arising in any way whether the matter is within the scope of 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 our intellectual property or proprietary rights or those of any other person or entity. You further acknowledge and agree that our rights in the Content are special, unique and extraordinary, giving them special value, the loss of which cannot be readily estimated or adequately compensated for by damages.
You acknowledge and agree that we and our affiliates may at any time (directly or indirectly) solicit referrals from customers on terms which may differ from those contained in this Operating Agreement or operate similar or competition with your site. You may not assign this Operating Agreement, by operation of law or otherwise, without our prior express written approval. Subject to this limitation, this Operating Agreement shall bind, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Operating Agreement will 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 Operational Documentation, the Affiliate Program Excluded Products page will control this Operating Agreement, which will control the remaining Operational Documentation. Whenever used in this Operating Agreement, the terms "include(s)," "including", "for example" and "for example" mean, respectively, "include(s), without limitation ", "including, without limitation", "for example, without limitation" and "for example, without limitation". Any determinations or updates we may make, any actions we may take and any approvals we may give under this Operating Agreement may be made, taken or given in our sole discretion. Any information about us or our affiliates provided by us under the Operating Agreement that is not known to the general public is considered ("Confidential Information"). You agree that: (a) all Confidential Information will remain the exclusive property of GoAffPro; (b) you will only use the Confidential Information to the extent reasonably necessary for your performance under the Operating Agreement and you will ensure that persons who have access to the Confidential Information will be informed of and will comply with the obligations of this provision; and (c) you will not otherwise disclose Confidential Information to any person, company or other third party (other than your affiliates). You agree that we may, in our sole discretion, disclose or make available any information provided or submitted by you or related to your performance under this Operating Agreement to any judicial, quasi-judicial, governmental, regulatory or other authority. authority required.by us to cooperate and/or comply with any of their orders, instructions or directions or to meet any requirement under applicable law You represent and warrant that you and your financial institution(s) n are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such party, including, but not limited to, lists maintained by the United Nations Security Council, the government of the United States (for example, the United States Treasury Department's Specially Designated Nationals List and the United States Department of Commerce's Foreign Sanctions Evaders List and Entity List), the European Union, or its Member States, or any other competent governmental authority.
MOBILE APPLICATIONS POLICY
These Mobile Guidelines ("Mobile Guidelines") apply to your inclusion of Special Links in your Approved Mobile Application. "We", "us" or "our" means GoAffPro.com, its partner sites or any of its affiliates, as applicable. "You" means the user agent of the associated account associated with the Approved Mobile Application. All capitalized terms used below that are not defined on this page have the meaning given to them in the Operating Agreement. Strict adherence to these Mobile Guidelines is required at all times, and any violation of these Mobile Guidelines will automatically terminate the Operating Agreement.
Your mobile app:
should be free to download and all referral links should be accessible without paying for access;
must have original content;
must not mimic the functionality of our partner site's shopping app (if any);
must not have price tracking and/or price alert functionality, unless approved in writing in advance by LAJOLIEFUN or its partner site;
should not host or display partner site web pages in WebViews.
We may modify this Mobile Application Policy at any time and in our sole discretion by posting a notice of change or a revised or revised Mobile Application Policy on the LAJOLIEFUN 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 OUR 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, exercisable in its sole discretion, to take appropriate action against any unauthorized use or any use inconsistent with this Mobile Application Policy..