The Platform is owned by Kandharam E-Commerce Platform with its registered office at Building Sf No 141/12, Door No.349, Mummoorthy Koil street, Agalur Village, Aviyur Post, Gingee Taluk, Viluppuram, Tamil Nadu,604203 India (hereinafter referred to as "Kandharam Site").
Your use of the Platform and services and tools are governed by the following terms and conditions ("Terms of Service") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with Kandharam E-Commerce Platform and these terms and conditions including the policies constitute Your binding obligations, with Kandharam Site.
Affiliate
Program Operating Agreement
Updated:
14 February, 2021
This
Affiliate Program Operating Agreement (“Operating Agreement”) contains
the terms and conditions that govern your participation in the Associates
Program (the “Program”). “We,” “us,” or “our” means
Kandharam Décor Fashions and Trends. “You” or “your” means the
applicant. A “site” means a website. “Kandharam Site” means the
[www.kandharam.co.in] site. “Your site” means any site(s), any software
application(s) and any Mobile Application (as defined hereinafter) that you
link to the Kandharam Site.
BY SIGNUP NEW NEW AFFILIATE INDICATING THAT YOU AGREE TO THE
TERMS AND CONDITIONS OF THIS OPERATING AGREEMENT, OR BY CONTINUING TO
PARTICIPATE IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE, REVISED
OPERATING AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON THE KANDHARAM
SITE, 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 REPRESENTATION,
GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS OPERATING
AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO
ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL
REMAIN IN COMPLIANCE WITH THIS OPERATING AGREEMENT, INCLUDING AFFILIATE PROGRAM OPERATING AGREEMENT. IN ADDITION, IF THIS OPERATING AGREEMENT IS
BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO
THIS OPERATING AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS
AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT
COMPANY OR ENTITY TO THIS OPERATING AGREEMENT.
1. Description of the Program
The
purpose of the Program is to permit you to Affiliate Products on your site and
to earn Commission fees for Qualifying Purchases made by your end users. A
“Product” is any item sold on the Kandharam Site.
2. Enrolment
To
begin the enrollment 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 application in our sole discretion including if we determine that your
site is unsuitable. Unsuitable sites include those that:
(a) promote or contain
sexually explicit materials;
(b) promote violence
or contain violent materials;
(c) promote or contain
libelous or defamatory materials;
(d) promote
discrimination, or employ discriminatory practices, based on race, sex,
religion, nationality, disability, sexual orientation, or age;
(e) promote or
undertake illegal activities;
If
we reject your application, you are welcome to reapply at any time. However, if
we accept your application and we later determine that your site is unsuitable,
we may terminate this Operating Agreement at any time in our sole discretion.
You will ensure that
the information in your Program application and otherwise associated with your
account, including your email address and other contact information and identification
of your site, is at all times complete, accurate, and up-to-date. We may send
notifications (if any), approvals (if any), 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
notifications, approvals, and other communications sent to that email address,
even if the email address associated with your account is no longer current.
3. Links on Your Site
After
you have been notified that you have been accepted into the Program, you may
display Special Links on your site. “Special Links” are links to the
Kandharam Site that you place on your site in accordance with this Operating
Agreement, that properly utilize the special “tagged” link formats we
provide, and that comply with the Affiliate Program Operating
Agreement, Special
Links permit accurate tracking, reporting, and accrual of advertising fees.
4. Responsibility for
Your Site
You will be solely responsible for your
site, including its development, operation, and maintenance and all materials
that appear on or within it. For example, you will be solely responsible for:
· the technical
operation of your site and all related equipment;
· displaying Special
Links and Content on your site in compliance with this Operating Agreement and
the Operational Documentation and any agreement between you and any other
person or entity (including any restrictions or requirements placed on you by
any person or entity that hosts your site);
· creating and posting,
and ensuring the accuracy, completeness, and appropriateness of, materials
posted on your site (including all Product descriptions and other
Product-related materials and any information you include within or associate
with Special Links);
· using the Content,
your site, and the materials on or within 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 copyrights, trademarks, privacy, publicity or other
intellectual property or proprietary rights);
· using the Content,
your site, and the materials on or within your site in a manner that is not
harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic,
libelous or otherwise in any manner whatsoever;
· disclosing on your
site accurately and adequately, either 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 advertisements, collect information directly
from visitors, and place or recognize cookies on visitors’ browsers; and
· any use that you make
of the Content and the Kandharam, whether or not permitted under this Operating
Agreement.
We
will have no liability for these matters or for any of your end users’ claims
relating to these matters, and you agree to defend, indemnify, and hold us, our
affiliates and licensors, and our and their respective employees, officers,
directors, and representatives, harmless from and against 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
combination of 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 within your site, and all other matters as described; (c) your use of any
Content, whether or not such use is authorized by or violates this Operating
Agreement, any Operational Documentation, or applicable law; (d) your violation
of any term or condition of this Operating Agreement or any Operational
Documentation; or (e) your or your employees' negligence or willful misconduct.
5. Order Processing
We will process
Product orders placed by customers who follow Special Links from your site to
the Kandharam Site. We reserve the right to reject orders that do not comply
with any requirements on the Kandharam Site, as they may be updated from time
to time. We will track Qualifying Purchases for reporting accrual purposes and
will make available to you reports summarizing those Qualifying Purchases.
6. Policies and Pricing
Customers who buy products
through this Program are customers of the Kandharam Site with respect to all
activities they undertake in connection with the Kandharam Site. Accordingly,
as between you and us, all pricing, terms of sale, rules, policies, and
operating procedures concerning customer orders, customer service, and product
sales set forth on the Kandharam Site will apply to those customers, and the same
may be changed at any time.