General Conditions Affiliation Program

Affiliate Program Functional Agreement

Updated: December, 2022

This Affiliate Program Functional Agreement (“ Functional Agreement ”) contains the terms and conditions that control your participation in the Affiliate Program (the “ Program ”). “ We ,” or “ Our ” means GoAffPro.com and Partner website. “ You ” or “ Your ” means the candidate. A “ site ” means a website. “ Partner Site ” means the e-commerce/sales partner using GoAffPro affiliate tracking software. “ Your Site ” means any site(s), any software(s) and any mobile application (as defined below) that you connect to the Partner Site. “ Advertising Fees ” means commissions earned for a successful and verified sale of the product on the partner's site by a customer, using your referral link.

BY CHECKING THE BOX STATING THAT YOU ACCEPT THE TERMS AND CONDITIONS OF THIS FUNCTIONAL AGREEMENT, OR BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING THE POSTING OF A CHANGE NOTICE, REVISED FUNCTIONAL DOCUMENT, OR REVISED FUNCTIONAL DOCUMENTATION ON THE SITE PARTNER, YOU (A) AGREE TO BE BOUND BY THIS FUNCTIONAL AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND YOU ARE NOT BINDING ON ANY REPRESENTATION, WARRANTY OR STATEMENT OTHER THAN AS CLEARLY PROVIDED FOR IN THIS OPERATING AGREEMENT; AND (C) REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO ENTER INTO A CONTRACT (FOR EXAMPLE, YOU ARE NOT A MINOR) AND THAT YOU WILL REMAIN IN COMPLIANCE WITH THIS OPERATING AGREEMENT.

FURTHERMORE, IF THIS OPERATING AGREEMENT IS AGREED BY A COMPANY OR OTHER LEGAL ENTITY, THE INDIVIDUAL AGREES TO THIS OPERATING AGREEMENT ON BEHALF OF SUCH COMPANY OR LEGAL ENTITY, SUCH COMPANY OR LEGAL ENTITY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND IS LEGALLY A COMPANY OR ENTITY TO THIS OPERATING CONTRACT.

1. Program Description

The purpose of the Program is to enable you to advertise Products on your Site and earn Advertising Fees OR Commissions on Qualifying Purchases (defined in Section 7) made by your End Users. A “Product” is any item sold on Partner’s website, except for products explicitly defined as Excluded Products 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 products, we may make available to you data, images, text, link formats, widgets, links and other linking tools, as well as other information relating to the Program (the "Content" ). The content specifically excludes any kind of data, images, text, or other information or content relating to the products offered on any site other than the partner site.

1. Registration

To begin the registration process, you must submit a complete and accurate program application. You must identify your site in your application. We will evaluate your application and notify you of its acceptance or rejection. We may reject your request in our sole discretion, including the possibility that your site may be determined to be inappropriate. Inappropriate sites include those that:

(a) encourages or contains explicit sexual material;

(b) encourages violence or contains violent material;

(c) encourages or contains defamatory material;

(d) encourages discrimination, or employs discriminatory practices based on race, sex, religion, nationality, disability, sexual orientation or age;

(e) encourages or engages in illegal activities;

(f) include any of the trademarks of GoAffPro, its partner sites or its affiliates, or a variation or infringement of a trademark of GoAffPro, its partner sites or its affiliates, in any domain name, name subdomain or username, group name, or other identifier on a social media site (see trademark guidelines; or

(g) otherwise violate intellectual property rights.

If we reject your request, you can reapply at any time. However, if we accept your request and later determine that your site is unsuitable, we may terminate the Operating Agreement at any time in our sole discretion. You will ensure that the information contained in your application to the Program and associated with your account, including your email address and other contact information and your site identification, is complete, accurate and current at all times. We may send notices (if applicable), endorsements (if applicable) and other communications relating to the Program and this Operating Agreement to the email address associated with your Program account. You will be deemed to have received all notices, consents, and other communications sent to that email address, even if the email address associated with your account is no longer current.

1. Links on your site

Once you have been notified of your acceptance of the program, you can display special links on your site. “ Special Links ” are links to the Partner Site that you place on your Site pursuant to this Operating Agreement, that properly utilize the “ marked ” special link formats that we provide, and that comply with the Program linking requirements affiliation. Special links allow precise tracking, reporting and accounting of advertising costs. You may only earn advertising fees as described in Section 7 and only with respect to activities on the Partner Site occurring directly through Special Links. We will have no obligation to pay you any advertising fees if you fail to properly format links from your site to the partner site as special links, including to the extent that such failure may result in a reduction in the fee amount. of advertising that would otherwise be paid for. To you under this functional agreement. If you wish to include special links in software 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 application mobile in your application to the program. The relevance and other requirements of this Section 3 and the Mobile Application Policy will apply to Mobile Applications. We will evaluate your application and notify you of its acceptance or rejection. An accepted mobile application will be an “approved mobile application” for the purposes of this Agreement. Special links displayed in approved mobile applications may be provided by the Affiliate API or Partner API (“ Affiliate API ”) or by the Product Advertising API, including any special links displayed in an embedded web browser . They must also use the Affiliate ID that we have assigned to you specifically for your approved mobile applications.

1. Program Requirements

By participating in the Program, you agree to comply with the Terms of Participation in the Affiliate Program and all pages, schedules, policies, guidelines and other documents and materials referred to in this Operating Agreement (collectively, the “Documentation operational").

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 not complied with any requirements or restrictions described on the Associate Program Participation Requirements page or any other Operating Documents or have otherwise violated this Operating Agreement, we may ( in addition to any other rights or remedies available to us): (a) withhold advertising fees payable to you under this Operating Agreement; (b) close any other accounts you may have or may open in the future, without paying any advertising fees; (c) terminate this Operating Agreement; or (d) take all such actions. Additionally, you hereby consent that we may:

• Send you emails from time to time regarding the Program;
• Monitor, record, use and disclose information about your site and visitors to your site that we obtain in connection with your posting of Special Links (for example, whether a particular customer clicked on a link special of your site before purchasing a Product on the Partner Site) in accordance with the Privacy Notice; And
• Monitor, operate or research your site to verify compliance with this Operating Agreement and the Operational Documentation.

1. Responsibility for Your site

You will be solely responsible for your site, including its development, operation and maintenance, and for all material appearing or located therein. For example, you will be solely responsible for:

• the technical operation of your site and all related equipment;
• the display of Special Links and Content on your site in accordance with this Operating Agreement and the Operational Documentation and any agreements between you and any other person or entity (including any restrictions or requirements imposed on you by any person or entity that hosts your site);
• creating and displaying, and ensuring the accuracy, completeness and suitability of, the materials displayed on your site (including all Product descriptions and other Product-related materials and any information you include or associate with Special Links);
• use of the Content, your site and the materials on or in your site in a manner that does not infringe, violate or misappropriate any of our rights or those of any other person or entity (including the rights of (authorship, trademarks, privacy, publicity or any other intellectual property or proprietary rights);
• use of the Content, your site and the materials on or in your site in any manner that is not harmful, harassing, profane, defamatory, obscene, pornographic, paedophilic, libelous or otherwise in any way ;
• accurately and adequately disclose on your site, whether through a privacy policy or otherwise, how you collect, use, store and disclose data collected from visitors, including, where applicable, that third parties (including us and other advertisers) may serve content and advertising, collect information directly from visitors, and place or recognize cookies on visitors' browsers; And
• any use you make of the GoAffPro Content and Marks, whether or not authorized under this Operating Agreement.

We will have no liability with respect to such matters or your end users' claims relating to such matters, and you agree to defend, indemnify and hold us and our affiliates and licensors harmless. licensee, our respective employees, officers, directors and representatives, from and against any and all claims, damages, losses, liabilities, costs and expenses (including attorneys' fees) relating to (a) your site or any materials that appear on your site, including the use of your site, these elements, and other applications, content and processes; (b) the use, development, design, manufacture, performance, production, advertising, promotion or marketing of your site or any materials appearing on or in your site, and all other matters described in this section 5; (c) your use of any Content, whether or not such use is authorized by this Operating Agreement, any Operational Documentation or any applicable law; (d) your breach of the terms or conditions of this Operating Agreement or any of the Operational Documentation; or (e) your or your employees’ negligence or intentional misconduct.

1. Order processing

We will process Product orders placed by customers who follow 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 advertising fee accrual purposes and will make reports available to you summarizing such Qualifying Purchases.

1. Advertising Fees

We will pay you an advertising fee on Qualifying Purchases in accordance with Section 8 and the Affiliate Program Fee Schedule. In the event that an excess payment has been made to you for any reason, we reserve the right to adjust it or deduct it from the 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 on your site to the Partner Site; (b) during a single Session, the customer adds a Product to their basket and places the order for this Product no later than 89 days after their initial click; or (c) the Product is sent 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 first of the following events: (x) 24 hours pass from this 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 are excluded and we will not pay advertising costs for any of the following:

• Any product that, after the applicable session has expired, is added to a customer's shopping cart, or is uploaded or downloaded by a customer, even if the customer has already followed a special link from your site to the site partner ;
• Any Products purchased by you or on your behalf through a special link, including products you purchase through special links for yourself, your friends, family or associates (e.g., personal orders, orders for your own use, and orders you have placed for or on behalf of any other person or entity);
• Any Product purchased for resale or any commercial use;
• Any product purchased after termination of this operating contract;
• Any product order for which a cancellation, return or refund has been initiated; And
• Any product purchased by a customer and which is directed to the partner site by one of the following means:
• Paid search is prohibited; Or
• A link to the partner site, including a redirect link, generated or displayed on a search engine in response to a general Internet search query or a keyword (i.e. in search results unpaid, natural, free or organic) whether links appear upon submission of data to this site or otherwise.
• Any qualifying purchase in which you provided any person or entity with any consideration or incentive (including any cash, cashback, discount, points, charitable or other organization donation, or other benefit) for using links special (for example, by implementing any “reward”; or loyalty program that incentivizes people or entities to visit the partner site via your special links).
• Any Product purchased through a special link in a mobile application that was not an approved mobile application or whose special link on an approved mobile application was not served by the AMA API, the product advertising API or any other linking tool available to you.
• Any qualifying purchase, which takes place in India, made using a mobile device or tablet in which:
• The partner site's mobile application is pre-installed by the original equipment manufacturer ("OEM") on the device or tablet; Or
• The Partner Site mobile application is installed via a maintenance release, firmware update or similar notifications sent by the OEM or notification partner; Or
• The partner site's mobile app is installed from a source other than Google Play Store or iOS App Store

“Prohibited Paid Search Placement” means advertising purchased by you using keywords, search terms or other identifiers (including proprietary terms) or other participation in keyword auctions . "Proprietary Term" means keywords, search terms or other identifiers including the word "GoAffPro" or any other trademark of GoAffPro or its subsidiaries, or variations or misspellings of any of these words (for example, “affil”). "Redirect Link" means a link that indirectly sends users to the Partner Site through an intermediary site or web page without requiring the user to click on a link or take any other affirmative action on that website or web page. intermediate web page. “Search Engine” means Google, Yahoo, Bing, or any other search engine, portal, sponsored advertising service, or other search or referral service, or any site participating in one of their respective networks .

1. Payment of advertising costs:

We will pay you an advertising fee monthly for qualifying purchases shipped, streamed or downloaded (as applicable) in a given month, subject to any applicable withholding or deduction described below. We will pay you approximately 10 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 EUR 10 if transferred.

The advertising fees payable to you include any taxes, including applicable service tax, goods and services tax or other tax or levy that you may be required to pay in connection with the services for which you will establish a valid invoice under the applicable law(s) and regulations, as well as report it in the declarations within the prescribed period so that the partner site can benefit from the input tax credit paid. You assume your compliance with any of the applicable provisions of this law, including, but not limited to:

• Timely issuance of GST-compliant invoices;
• Making invoices available to the partner site;
• Depositing applicable taxes periodically; And
• Properly reporting them to the government under tax laws.

If at any time a tax credit is refused or if the payment of taxes is requested from the partner site or from GoAffPro, due to, among other things, the issuance of a deficient invoice, a failure to pay the taxes. In the event of inappropriate reporting of declarations filed or non-compliance with applicable laws or regulations, you will indemnify the partner site and GoAffPro for any denied credit or any recovered tax, as well as interest and penalties imposed on Partner Site. and at GoAffPro. If required by applicable Indian tax laws, we may deduct or withhold taxes, levies or similar amounts from advertising fees payable to you. If you are a resident of India, advertising fees payable to you will be subject to income tax withholding at the rate provided by applicable law. If you are not a resident of India or have not provided us with your Permanent Account Number (PAN), the rate of withholding tax applicable to you will vary. Additionally, if you are a non-resident, you agree to provide necessary documentation, if necessary, to Partner Site and GoAffPro to satisfy any reporting requirements or obligations with respect to advertising fees payable to you . If we deduct or withhold taxes from advertising fees payable to you, we will issue you the appropriate withholding certificate, if required by applicable law, evidencing the deposit of taxes with the appropriate regulatory authorities (for non-residents, these relevant documents are made available to them). If you provide us with a zero or reduced withholding tax certificate, we will apply a zero or reduced tax rate to the withholding tax rate applicable to the advertising fees payable to you. You hereby agree not to pursue any claim against P or its affiliates, and hereby waive any claims you may have now or in the future, with respect to taxes that filings of the Partner Site and GoAffPro with a competent tax authority in accordance with this Operating Agreement.

1. Policies and Pricing

Customers purchasing products through our Program are also customers of the Partner Site with respect to all activities they undertake with the Partner Site. Consequently, the pricing, sales clauses, regulations, policies and operating procedures regarding customer orders, customer service and sales of products on the Partner Site are the same as for us, and likewise, any modification of 'one site will change for the other as well.

1. The Associate Role

You will not publish press articles or any public communication, in accordance with the Operating Agreement, the use of Content, as well as your participation in the Program. You will not misrepresent or embellish your relationship with us (including by expressing or implying that we support, sponsor, endorse or participate in any charity or other cause), and you will not express or subvert -means any relationship or affiliation between you and us or any person or organization except as expressly permitted by the Operating Agreement. However, you must clearly state on your site the following: “[insert name] is a participant in the GoAffPro Affiliate Program, an affiliate promotion program whose objective is to provide tools to sites so that they can collect fees via advertising and linking to the Partner Site”.

1. Limited license

• Subject to the terms of this Operating Agreement and only for the specific purposes of promoting and linking the Partner Site Products in connection with our Program, we grant you a limited, revocable, non-transferable, non-subtractable, non-exclusive license. and free of copyright, for the purpose of (a) copying and publishing the Content on your site; and (b) use only the trademarks and logos that we make available to you as part of the Content (such trademarks and logos collectively referred to as “ GoAffPro Marks ”) for the sole purposes of your site and in compliance with the GoAffPro Guidelines. Affiliation Program on the Registered Brand .

1. Any license set forth in Section 11 will immediately and automatically terminate if you fail to comply with the Operating Agreement or any other Operating Documentation, or upon termination of the Operating Agreement. In addition, we may terminate the license set forth in Section 11 in whole or in part upon written notice to you. You must promptly remove, erase or even destroy from your site, all Content and any GoAffPro Mark in accordance with the license presented in section 11 or as and when requested by us.

• IP Association Program License (“ License ”)

1. By accepting the Operating Agreement, or by accessing or using Product Advertising Content (defined below), including proprietary application programming interfaces and other tools (collectively “ IPAP ”) that you permit access to and use of certain types of data, images, text, and other information and content related to the Products (“ Product Advertising Content ”) that may be made available to you, you agree to be bound by this License.
2. Subject to the terms of this License and solely for the stated purposes of participation in the Associate Program strictly in accordance with the Operating Agreement (including this License and any Operating Documentation), we grant you a limited, revocable, non transferable, non-sublicensable, non-exclusive and copyright-free, for the purpose of (a) copying and publishing the Product Advertising Content solely on your site; (b) use only the GoAffPro Marks that we make available to you for Product Advertising Content, for the sole purposes of your site and in compliance with the Affiliate Trademark Program Guidelines, unless recommended by the Operating Agreement; and (c) access and use the IPAP, Data Feed and Product Advertising Content in accordance with the Specifications and this License.

1. Reservation of rights; Proposals

Except for the limited licenses set forth in Section 11, we reserve the right, title and interest (including possession and intellectual property rights) and unlike you, in accordance with the Operating Agreement or license herein. below, to acquire any interest or ownership rights in the Program, Special Links, link formats, Content, IPAP, Data Feeds, Product Advertising Content, any domain name owned or managed by us, any information or any material on the Partner Sites, Associate Sites, our and associates' logos and trademarks (including the GoAffPro Marks), as well as any intellectual property and technology that we provide or use in connection with the Program (including any application programming interface, development software kits, libraries, coding samples, and any related materials)

If you submit to us or our affiliates any suggestions, reviews, modifications, data, images, text, or any information or content on any product or relating to this Operating Agreement, any Content, or your participation in the Program, or if you modify any Content in any way, (collectively referred to as “ Your Submission ”), you irrevocably grant to us all right, title and interest in Your Submission and grant to us (even if you have made Your Submission privately ) the unlimited, copyright-free, previously honored, non-exclusive, international, irrevocable, and freely transferable license and right to (a) use, reproduce, perform, publish, and distribute Your Submission in any manner whatsoever ; (b) adapt, modify, re-format and create a version of Your Proposal for any purpose; (c) use and publish your name as an endorsement in connection with Your Proposal (without obligation on our part) and (d) sub-contract the foregoing rights to anyone or anything. Additionally, we warrant that (y) Your Submission is your original work or that you have obtained Your Submission legally; and (z) our exercise of the right to subcontract under the license above will not infringe the right of any person or organization, including copyright. You agree to assist us when we document, improve, or maintain our rights to Your Proposal.

1. Compliance with the Act

In exercising your participation in the Program, you submit to all laws of India including, but not limited to, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and any other requirements of any governmental authority. which is in your jurisdiction.

1. Duration and termination

The term of this Operating Agreement shall begin upon acceptance of your Program application and shall terminate upon termination by either you or us. Either 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 termination of this Operating Agreement, all licenses you have with respect to the Content will automatically terminate and you will immediately cease use of the GoAffPro Content and Marks, promptly remove from your Site and delete or destroy all links to the Partner Site, all GoAffPro Marks, any other content and other materials provided or made available by you or on your behalf under this Operating Agreement or otherwise in connection with the Program. We may hold accrued unpaid advertising fees for a reasonable period of time after termination to ensure that the correct amount is paid (for example, to account for possible cancellations or returns). Upon termination of this Operating Agreement, all rights and obligations of the parties shall be terminated, except for the rights and obligations of the parties under Sections 5, 9, 10, 12, 13, 14, 16, 17 , 18, 19, and 20, together with any accrued but unpaid payment obligations of us under this Operating Agreement, shall survive termination of this Operating Agreement. No termination of this Operating Agreement will relieve either party of any liability for any breach or failure to comply with this Operating Agreement prior to termination.

1. Edit

We may modify the terms and conditions contained in this User Agreement (and in any operational documentation) at any time and in our sole discretion, by posting a change notice, a revised agreement or revised operational documentation on the Site partner or by sending a notice of modification. such change by email to the email address then associated with your Associates account (any such change by email will be effective on the date specified in such email and in no event will be less than two business days after the date the email was sent; is sent). Changes may include, for example, changes to the Associates Program advertising fee schedule, Associates Program participation requirements, payment procedures, and other Program requirements.

IF ANY MODIFICATION IS NOT ACCEPTABLE, YOUR SOLE REMEDY IS TO TERMINATE THIS OPERATING AGREEMENT. YOUR CONTINUANCE OF PARTICIPATION IN THE PROGRAM AFTER THE EFFECTIVE DATE OF ANY MODIFICATION (E.G., THE DATE OF OUR NOTICE OF MODIFICATION, REVISED OPERATING AGREEMENT OR REVISED OPERATIONAL DOCUMENTATION ON THE PARTNER SITE OR THE DATE PROVIDED IN ANY EMAIL SETTING OUT THIS MODIFICATION WILL CONSTITUTE YOUR MANDATORY ACCEPTANCE OF THE CHANGE.

1. Relationship of the parties

You and we are independent contractors and nothing in this Operating Agreement or the Operating Documentation will create any partnership, joint venture, agency, franchise, sales representative or employment relationship.

make or accept offers or representations on behalf of our company or 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 assist any other person or entity to take any action related to the subject matter of this User Agreement, you will be deemed to have taken the action yourself.

1. Limit of liability

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE OR DATA) ARISING IN CONNECTION WITH THIS OPERATING AGREEMENT, THE PROGRAM, THE OPERATIONAL DOCUMENTATION, PARTNER SITE, GoAffPro SITE OR SERVICE OFFERINGS (DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, OUR AGGREGATE LIABILITY ARISING FROM THIS OPERATING AGREEMENT, THE PROGRAM, THE PARTNER SITE, THE GoAffPro SITE AND THE SERVICE OFFERINGS WILL NOT EXCEED THE TOTAL AMOUNT OF ADVERTISING FEES PAID OR PAYABLE PURSUANT TO THIS OPERATING AGREEMENT IN THE IMMEDIATE CENTER TO SEARCH DATE ON WHICH THE EVENT WILL OCCUR TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.

1. Warnings

THE PROGRAM, THE GoAffPro SITE, THE PARTNER SITE, ALL PRODUCTS AND SERVICES OFFERED ON THE PARTNER SITE, ALL SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, THE DOMAIN NAME OF OUR AFFILIATES AND LOGOS ( INCLUDING THE GoAffPro MARKS), AND ANY TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US AFFILIATES OR LICENSORS RELATED TO THE PROGRAM (COLLECTIVELY “THE OFFERINGS SERVICE") ARE PROVIDED "AS IS". NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH REGARD TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE, OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES REGARDING THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY ARISING OUT OF COURSE OF DEALING, PERFORMANCE OR USAGE OF TRADE. We may suspend any Service offering, or change the nature, features, functions, 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, INDIRECTLY OR IN A PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR-FREE, OR FREE FROM HARMFUL DAMAGE. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES OR INTERRUPTIONS IN SERVICE, INCLUDING POWER FAILURE OR SYSTEM FAILURE; OR (B) ANY UNAUTHORIZED ACCESS TO YOUR SITE OR ANY ALTERATION, 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, US OR ANY OTHER PERSON OR ENTITY, OR THROUGH THE PROGRAM, CONTENT, OPERATIONAL DOCUMENTATION, THE GoAffPro SITE OR THE AFFILIATE PROGRAM SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS OPERATING AGREEMENT. Furthermore, neither we nor any of our affiliates or licensees shall be liable for any compensation, reimbursement or damages arising from any loss of profits or potential revenue, advance sales, profits miscellaneous or other benefits, INVESTMENTS, EXPENSES OR COMMITMENTS OF YOUR SPOUSE RELATED TO 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 its conflict of laws principles. The courts of [Haryana] shall have exclusive jurisdiction over any dispute relating to or in any way arising out of the Program or this Operating Agreement.

Notwithstanding anything to the contrary in this Operating Agreement, we may seek injunctive or other relief in a court of competent jurisdiction for any actual or alleged infringement of the intellectual property or proprietary rights of ours or any other person or entity. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary nature, giving them special value, the loss of which cannot be readily estimated or adequately compensated in monetary damages. .

1. 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 User Agreement or operate sites similar to or competitive with your site. You may not assign this User Agreement, by operation of law or otherwise, without our prior written permission. Subject to this limitation, this Operating Agreement will 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's Excluded Products page will control this Operating Agreement, which will control the remainder of the Operational Documentation. Whenever used in this Operating Agreement, the terms “include(s)”, “including”, “for example” and “for example” respectively mean “include(s), without limitation,” , “including, without limitation,”. “For example, without limitation” and “for example, without limitation”. Any determinations or updates we may make, actions we may take, and approvals we may give under this Operating Agreement, may be made, taken, or given in our sole discretion. Any information relating to us or our affiliates, provided by us under the Operating Agreement and which is not known to the general public, is considered (“Confidential Information”). You agree that: (a ) all confidential information remains the exclusive property of GoAffPro; (b) you will use the Confidential Information only as reasonably necessary for your performance under the Operating Agreement and you will ensure that persons with 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 any Confidential Information to any person, entity, 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 relating to your performance under this Operating Agreement to any judicial, quasi-judicial, governmental, regulatory or other authority. , as required. by us to cooperate and/or comply with any of their orders, instructions or directives or to satisfy any requirements under applicable laws. You represent and warrant that you and your financial institutions are not subject to sanctions or otherwise designated on any prohibited or restricted party lists, nor owned or controlled by any such party, including without limitation limit, the lists maintained by the United Nations. Security Council, the United States Government (e.g., the United States Department of Treasury's Designated Nationals List and Sanctioned Aliens List, and the United States Department of Commerce's Entity List), the European Union or its Member States, or any other applicable governmental authority.

MOBILE APPLICATION POLICY

These mobile guidelines (the “Mobile Guidelines”) apply to the 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 for 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 compliance with these Mobile Services Guidelines is necessary at all times, and any violation of these Mobile Services Guidelines will automatically terminate the User Agreement.

Your mobile application:

1. must be free to download and all referral links must be accessible without paying for access;
2. must have original content;
3. must not emulate the functionality of our own shopping application on the partner site (if applicable);
4. must not have price tracking and/or price alert functionality unless you have prior written permission from GoAffPro or its partner site;
5. must 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 version of the Mobile Application Policy on GoAffPro or the partner site. IF ANY MODIFICATION IS NOT ACCEPTABLE, YOUR SOLE REMEDY IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM. YOUR CONTINUED INCLUSION OF SPECIAL LINKS IN YOUR APPROVED MOBILE APPLICATION FOLLOWING THE POSTING OF A CHANGE NOTICE OR REVISED MOBILE APPLICATION POLICY ON THE PARTNER SITE WILL CONSTITUTE YOUR OBLIGATION TO READ ACCEPTANCES OF THE CHANGE.

We reserve the right, exercisable in its sole discretion, to take appropriate action against any use without permission or use that does not comply with this Mobile Application Policy.