Terms & Conditions |
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This Agreement contains
the complete terms and conditions that apply to an individual's or entity's
participation in the AtootRishtey.com Affiliates Program (the "Program").
By signing up for AtootRishtey.com program as delineated below you
agree to be bound and to comply with the terms and conditions as set about
hereunder.
As used in this Agreement,
"we" means AtootRishtey.com, and "you" means the applicant. "Website"
means a World Wide Website and, depending on the context, refers either
to AtootRishtey.com's Website located at the URL http://www.AtootRishtey.com
, or to the Website that you will link to our Website (and which you will
identify in your Program application).
1. Enrollment
In The Program:
To begin the enrollment process, you will submit a complete Program application
via our Website. 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 Website is unsuitable
for the Program. Unsuitable sites include those that:
Promote
violence
Promote
discrimination based on race, sex, religion, nationality, disability,
or age
Promote
illegal activities
Include
"AtootRishtey" or variations or misspellings thereof in their domain
names
Otherwise
violate intellectual property rights
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 Website is thereafter determined (at our sole discretion) to be unsuitable
for the Program, we may terminate this Agreement without notice to you.
2. Links On Your
Website:
Once you have been notified that your Website has been accepted into the
Program, you may provide on your Website one or more of the following
types of links to our Website:
Text links
Search
Box Link
General
Link To AtootRishtey.com Home Page
We will provide you with guidelines and graphical artwork to use in linking
to our home page. To permit accurate tracking, reporting, and commission
fee accrual, we will provide you with special "tagged" link formats to
be used in all links between your Website and our Website. You must ensure
that each of the links between your Website and our Website properly utilizes
such special link formats. Links to our Website placed on your Website
pursuant to this Agreement and which properly utilize such special link
formats are referred to as "Special Links." You will only earn commission
fees with respect to activity on our Website occurring directly through
Special Links (The term Special Links means a link which contains your
affiliate id in the URL ): we will not be liable to you with respect to
any failure by you to use Special Links, 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. You will, however, earn commission
fees with respect to all Membership purchases on our Website once from
the above mentioned ?tagged? link.
In addition, you
may not:
(a) Purchase or register search engine keywords, AdWords, search terms
or other identifying terms and domain names that include the word "AtootRishtey"
or any variations thereof for use in any search engine, portal, sponsored
advertising service or other search or referral service. Specifically,
this policy prohibits You from bidding on:
AtootRishtey.com's
trademark, "AtootRishtey", AtootRishtey.com and any keyword string
that includes this term. For example, "AtootRishtey", "AtootRishtey
Singles", "AtootRishtey and marriage", ;
Variations
of AtootRishtey.com? trademark: for example "AtootRishtey",
"www.AtootRishtey.com", "www.AtootRishtey",
"wwwAtootRishtey.com", etc.
Variations
of our affiliate/subsidiary portals: for example www.AtutRishtey.com;
www.AtootRishta.com
etc
(b) Dilute, blur
or tarnish the value of AtootRishtey.com trademark, and/or Membership
and services. (For example, you are not allowed to say that you offer
better and/or more promotions, Membership and services than AtootRishtey.com)
(c) Misrepresent
AtootRishtey.com brand including URL, logos, trademarks and tradenames.
(d) Engage in indiscriminate
or unsolicited commercial and/or advertising emails.
(e) Cause or enable
any sales to be made that are not in good faith, including, but not limited
to, by means of any device, program, robot, Iframes, hidden frames, and
redirects.
(f) Establish or
cause to be established any promotion that provides any rewards, points
or compensation for sales, or that allows third parties to place Links
to the AtootRishtey.com Web site or Web site content, without such
AtootRishtey.com's prior written permission.
(g) Use all existing
or future software Membership and services (including without limitation
any computer programming code that is an add-on or bundled with any browser
or other host application) that will replace, intercept, interfere, hinder,
disrupt or otherwise alter in any manner the Web user's access, view or
usage of, or other aspect of the Web user's experience at any AtootRishtey
Affiliate Websites in a manner that causes or otherwise results in a different
experience from what was otherwise intended by AtootRishtey Affiliates;
(h) Use all existing
or future software Membership and services that will block, alter, direct,
redirect, substitute, insert, append itself to, or otherwise intercept
or interfere in any manner with any click through or other traffic-based
transaction that originated from AtootRishtey Affiliates with the result
of reducing any compensation or other payment earned by or owing to AtootRishtey
Affiliates.
If we determine,
in our sole discretion, that you have engaged in any of the foregoing
activities, we may (without limiting any other rights or remedies available
to us) withhold any referral fees otherwise payable to you under this
Agreement and/or terminate this Agreement.
3. Order Processing:
We will process orders placed by customers who follow special links from
your Website to our Website. 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 fulfillment.
Among other things, we will prepare order forms; process payments, cancellations,
and refunds; and handle customer service. We will track membership sales
made to customers who purchase membership using special links from your
Website to our Website 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.
4. Commission
Fees
We will pay you (in accordance with Sections 5 and 6 below) commission
fees on certain Membership sales to third parties. For a Membership sale
to be eligible to earn a commission fee, the customer must follow a Special
Link from your Website to our Website, select and purchase the Membership
using our automated ordering system, accept delivery of the Membership
at the shipping destination, and remit full payment to us.
5. Commission
Fee Schedule
You will earn commission fees based on qualifying revenues according to
commission fee schedules to be established by us. " ?Qualifying revenues?
do not include shipping & handling, gift-wrapping, taxes, and service
charges.
AtootRishtey.com
pays monthly commissions on a sliding scale. At the end of each month
we will add all of your sales together for that month and arrive at your
commission percentage for the month according to this commission fee schedule:
Total
Sales/Month Commission Percentage
Each time
you refer a visitor to AtootRishtey.com and they complete a purchase,
you earn commission on that sale. If the visitor does not purchase immediately,
but comes back within 10 days and purchases, we still credit you with
the sale.
Affiliates
that sign-up for the AtootRishtey.com Affiliates Program must have
a valid URL that they are responsible for.
Affiliates
may not directly or indirectly offer any person or entity any consideration
or incentive to sign up Websites to the AtootRishtey.com Affiliates
Program.
If we
determine, at our sole discretion, that you are abusing the system in
the manner stated above, we may (without limiting any other rights or
remedies available to us) withdraw your participation and withhold any
commission fees payable to you for Websites you recruit.
6. Commission
Fee Payment
We will pay you commission fees on a monthly basis. 30 days following
the end of each calendar month, we will send you a check for the commission
fees earned on your sales of Qualifying Membership that were sold during
that month, less any taxes that we are required by law to withhold. However,
if the commission fees payable to you for any month are less than Rs.
500.00 for domestic affiliates and $25.00 USD for International affiliates,
we will hold those commission fees until the total amount due is at least
Rs.500.00/$25.00 (USD) or (if earlier) until this Agreement is terminated.
If a Membership that generated a commission fee is returned by the customer,
we will deduct the corresponding commission fee from your next monthly
payment. If there is no subsequent payment, we will send you a bill for
the commission fee.
7. Policies And
Pricing
Customers who buy Membership through this Program will be deemed to be
customers of AtootRishtey.com. Accordingly, all of AtootRishtey.com?s
rules, policies, and operating procedures concerning customer orders,
customer service, and Membership 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 Membership sold under this
Program in accordance with our own pricing policies. Membership prices
and availability may vary from time to time. Because price changes may
affect Membership that you already have listed on your Website, you may
not include price information in your Membership descriptions. We will
use commercially reasonable efforts to present accurate information, but
we cannot guarantee the availability or price of any particular Membership
8. Affiliate Identity:
You may not make any press release, advertising / identifying yourself
as an affiliate of AtootRishtey.com. For a press release of this type,
you must obtain written permission from the staffs. In addition, you may
not in any manner misrepresent or embellish the relationship between us
and you, or express or imply any relationship or affiliation between us
and you or any other person or entity except as expressly permitted by
this Agreement (including by expressing or implying that AtootRishtey.com
supports, sponsors, endorses or contributes money to any charity or other
cause).
9. Limited License:
We grant you a nonexclusive, revocable right to use the graphic image
and text described in Section 8 and such other images for which we grant
express permission, solely for the purpose of identifying your Website
as a Program participant and to assist in generating Membership sales.
You may not modify the graphic image or text, or any other of our images,
in any way. We reserve all of our rights in the graphic image and text,
any other images, our trade names and trademarks, and all other intellectual
property rights. We may revoke your license at any time by giving you
written notice.
In addition, we grant
you a nonexclusive, worldwide right to reproduce and use all graphic images
and other materials provided to you, solely for the purpose of creating
Links connecting your Website to the AtootRishtey.com Website and promoting
Membership for sale. These Membership images must be served by AtootRishtey.com?s
Website and cannot be used in any form other than the form provided by
AtootRishtey.com.
10. Responsibility
For Your Website:
You will be solely responsible for the development, operation, and maintenance
of your Website and for all materials that appear on your Website. For
example, you will be solely responsible for:
The technical
operation of your Website and all related equipment
The accuracy
and appropriateness of materials posted on your Website (including, among
other things, all Membership-related materials)
Ensuring
that materials posted on your Website do not violate or infringe upon
the rights of any third party (including, for example, copyrights, trademarks,
privacy, or other personal or proprietary rights)
Ensuring
that materials posted on your Website are not libelous or otherwise illegal
11. Resale And
Special Incentive Restrictions:
You may not purchase Membership during sessions initiated through the
links on your Website for resale or commercial use of any kind. This includes
orders for customers or on behalf of customers. Such purchases may result
(in our sole discretion) in the withholding of commission fees or the
termination of this Agreement. Membership that are eligible to earn commission
fees under the rules set forth above are referred to as "Qualifying Membership."
In addition, you
may not:
(a) directly or indirectly offer any person or entity any consideration
or incentive (including, without limitation, payment of money (including
any rebate), or granting of any discount or other benefit) for using Special
Links on your Website to access our Website (e.g., by implementing any
"rewards" program for persons or entities who use Special Links on your
Website to access our Website). 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 commission fees otherwise payable to you under this Agreement
and/or terminate this Agreement.
12. 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 Website, all links to our Website, Membership images
from our database, and all AtootRishtey.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 commission fees on our sales of Qualifying Membership occurring
during the term, and commission 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.
13. Modification
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 Website. Modifications may include, for example,
changes in the scope of available commission fees, commission fee schedules,
payment procedures, and Program rules. In the event of substantive changes
to the terms of this agreement, you will be contacted by Email. Substantive
changes include changes in the commission schedule. 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 Website will constitute binding
acceptance of the change.
14. 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 Website or otherwise, that reasonably
would contradict anything in this Section.
15. Limitation
Of Liability :
We will not be liable for direct or 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.
You hereby agree
to indemnify and hold harmless AtootRishtey.com and its subsidiaries
and affiliates, franchises and their directors, officers, employees, agents,
shareholders, partners, members, and other owners, against any and all
claims, actions, demands, liabilities, losses, damages, judgments, settlements,
costs, and expenses (including reasonable attorneys' fees) (any or all
of the foregoing hereinafter referred to as "Losses") insofar as such
Losses (or actions in respect thereof) arise out of or are based on
(a) any
claim that our use of the Affiliates Trademarks infringes on any trademark,
trade name, service mark, copyright, license, intellectual property, or
other proprietary right of any third party,
(b) any
misrepresentation of a representation or warranty or breach of a covenant
and agreement made by you herein, or
(c) any
claim related to your Website, including, without limitation, content
therein not attributable to us.
16. Disclaimers
:
We make no express or implied warranties or representations with respect
to the Program or any Membership sold through the Program (including,
without limitation, warranties of fitness, merchantability, noninfringement,
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 Website will be uninterrupted or error-free, and we will not be
liable for the consequences of any interruptions or errors.
17. Independent
Investigation :
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 WEBSITES THAT ARE SIMILAR
TO OR COMPETE WITH YOUR WEBSITE. 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.
18. Miscellaneous
This Agreement will be governed by the laws of the India and the state
of Tamilnadu, without reference to rules governing choice of laws. Any
action relating to this Agreement must be brought in the federal or state
courts located in Chennai, Tamil nadu, 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. Rules
Regarding Affiliates Communications And Promotion The following rules
apply to any press release or other communication that you may want to
issue in connection with your participation in the AtootRishtey.com
Affiliates Program, as well as to any other promotion of your Website.
Press Releases And Other Communications (Including All Communications
On Your Website Or Via Other Media)
Any communication
must accurately identify that you are participating in the "AtootRishtey.com
Affiliates Program."
Any communication
must clearly and accurately describe the nature of your participation
in the AtootRishtey.com Affiliates Program: your communication must
not create confusion or misrepresent the nature of your or any other participant's
participation in the AtootRishtey.com Affiliates? Program.
You may, without our
prior consent, say the following in any communication: that you have become
a AtootRishtey.com Affiliate, and/or that you have joined or become
a member of the AtootRishtey.com Affiliates Program.
You must obtain our
prior written consent to use any other description of your participation
in the AtootRishtey.com Affiliates Program or of the program itself, which
we may give or withhold at our sole discretion. If you seek such consent,
please submit the entirety of your proposed press release to us by Email
at mail@AtootRishtey.com
for review. Other Website Promotion
To protect the integrity
of the reputation of AtootRishtey.com Affiliates as well as the AtootRishtey.com
brand name, you may not promote your Website via certain forms of indiscriminate
advertising, commonly referred to as "spamming." Accordingly, you may
not promote your Website via postings to non-commercial newsgroups or
cross-postings to multiple newsgroups at once.
Notwithstanding the
foregoing, you may promote your Website via mailings to recipients who
are already customers or subscribers to your Website's services, provided
that the recipients have the option to remove themselves from future mailings.
Further, you may promote your Website via newsgroup postings to newsgroups
that specifically welcome commercial messages (when in doubt, consult
the newsgroup FAQ or moderators to be sure that such a message is acceptable
in that newsgroup).
In all promotion,
you must clearly represent yourself and your Website as entities independent
from AtootRishtey.com, AtootRishtey.com's affiliated companies,
the AtootRishtey.com Website, the bhartmatrimony.com's franchisees
and any of AtootRishtey.com's affiliated companies' Websites.
Generally, in any
forum or media, you must honor the advertising practices and restrictions
that are commonly considered acceptable by its readers.
AtootRishtey.com,
Inc., reserves the right at its sole discretion to modify the foregoing
rules at any time. AtootRishtey.com, Inc., reserves the right to take
action against any person or entity that does not conform to these rules.
Guidelines For Using
The AtootRishtey.com? Trademark and the subsidiary trademarks such
as www.tamilmatrimony.com; www.assammatrimony.com etc
These guidelines
apply to your use of AtootRishtey.com? (The "Trademark") in materials
which have been approved in advance by AtootRishtey.com, Inc.
You may use the Trademark
solely for the purpose authorized by AtootRishtey.com, Inc.
You may not alter
the Trademark in any manner. For example, you may not change the proportion,
color, or font of the Trademark.
You may not display
the Trademark in any manner that implies sponsorship, endorsement by AtootRishtey.com,
Inc. outside of your involvement in the Affiliates Program.
You may not use the
Trademark to disparage AtootRishtey.com, its Membership or services,
or in a manner which, in AtootRishtey.com, Inc.'s reasonable judgement,
may diminish or otherwise damage AtootRishtey.com, Inc.'s goodwill
in the Trademark.
The Trademark must
appear by itself, with reasonable spacing (at least the height of the
Trademark) between each side of the Trademark and other graphic or textual
elements.
You acknowledge that
all rights to the Trademark are the exclusive property of AtootRishtey.com,
Inc., and all goodwill generated through your use of the Trademark will
inure to the benefit of AtootRishtey.com, Inc.
Editorial Guidelines
for Paid Search Listings
Many of our affiliates are now using paid search to generate commission.
Here are the editorial guidelines to help you stay compliant with the
AtootRishtey.com operations agreement:
Correct representation
of AtootRishtey.com brand. Use www.AtootRishtey.com URL for the
visible URL in your listings if you are linking directly to AtootRishtey.com
website. You are not allowed to dilute blur or tarnish the value of AtootRishtey.com
trademark, and/or Membership and services. (For example, you are not allowed
to say in the copy of your ads, that AtootRishtey.com does not offer
discounts, Membership or services that your website is offering.)
If you are going
to use the number of Membership that AtootRishtey.com in your copy,
you must use 300,000. Any updates in Membership count will be communicated
to affiliates via email.
If you are linking
directly to AtootRishtey.com site, you must place AtootRishtey.com
URL as the visible URL in your ad.
Keywords involving
AtootRishtey.com's trademark "AtootRishtey" and variations thereof.
You shall not purchase or register search engine keywords, AdWords, search
terms or other identifying terms that include the word "AtootRishtey"
or any variations thereof for use in any search engine, portal, sponsored
advertising service or other search or referral service. Specifically,
this policy prohibits You from bidding on:
AtootRishtey.com's
trademark, "AtootRishtey", ?AtootRishtey.com? and any keyword string
that includes this term. For example, "AtootRishtey marriages", "AtootRishtey
singles"
Variations
of AtootRishtey.com? trademark: for example "barat matrimony", "bhart
matrimony", "www.AtootRishtey.com", "AtootRishtey", "bharat matrimony",
"www.AtootRishtey", etc.,
If AtootRishtey.com
determines, in its sole discretion, that You have purchased or attempted
to purchase "AtootRishtey" or one of the two cited examples above,
then AtootRishtey.com may (without limiting any other remedies available
to it) pursue any or all of the following actions:
Withhold, or cancel any and all compensation otherwise payable to You
beginning with the date on which You purchased the prohibited trademarked
terms;
Remove
You from the AtootRishtey.com affiliate Program permanently.
Correct
representation of AtootRishtey.com features and promotions. All promotions
or claims must be accurate at any time that the ad is running.
If You breach any
of these AtootRishtey.com guidelines, You may be removed from the Program
immediately and/or permanently. AtootRishtey.com also reserves the
right to withhold, or cancel any and all compensation for transactions
not in compliance with these Terms and Conditions.
AtootRishtey.com,
Inc. reserves the right in its sole discretion to modify these guidelines
at any time.
AtootRishtey.com,
Inc. reserves the right to take action against any use that does not conform
to these guidelines. |