This agreement (“Agreement”) describes the terms and conditions for
participation in the(https://topfirsthealthcare.blogspot.com/ By Freelancer Ritesh kumar)
Affiliate Program. The terms “Affiliate,” “you,” and “you're” are
referring to Amazon Affiliate Program, the person who is applying to
participate in our affiliate program. “We” and “our” refer to (https://topfirsthealthcare.blogspot.com/ By
Freelancer Ritesh kumar).
You and we are independent parties and you agree that this Agreement
shall not create any form of partnership or employer-employee relationship
between us. If you are accepting this Agreement on behalf of another
person or a company, you agree that you have authority to bind them.
REGISTRATION AND USE
To be eligible to participate as an affiliate, you must be at least
eighteen (18) years old and have a valid tax ID or social security number.
If you are in the United States you must complete a W9 form or its
equivalent in your country. During the registration process, you may be asked
to provide certain information. In providing this information you
represent and agree that all information is, and will remain, truthful and
current.
We reserve the right to determine whether you are eligible or terminate
your participation with us at any time, without notice. We reserve the
right to terminate your account at any time without notice or reason, but
specifically, we may do so if you or your site violates any term of
this Agreement or any applicable law. Termination of your account for breach
or violation of law may include forfeiture of any compensation owed and
disgorgement of any already paid.
AGREEMENT DURATION AND TERMINATION
This Agreement will begin upon our acceptance of your affiliate
application and will end when terminated by either party, but we may
terminate this agreement at any time, without notice, for your breach or
violation of the law.
Termination may occur at any time, with or without cause, by giving the
other party written notice of the termination in accordance with this Agreement.
Once the Agreement is terminated, you will immediately cease your
participation with the site, remove any offers, content, links,
or creativity that has been provided to you by us or our advertisers. Once
terminated you will forfeit any rights to any compensation from the date
of termination.
We may also reject any application if you are from a state that
currently imposes a tax on the sale of goods or services by affiliates
(i.e. nexus tax) and the advertiser does not wish to promote its products
in that state through you.
MODIFICATION
We may modify any of the terms and conditions within this Agreement at
any time and at our sole discretion, regardless of the dissimilarity that
may occur between the amended version of the Agreement and the original
version. These modifications may include but are not limited to, changes
in the scope of available referral fees, fee schedules, payment procedures, and
rules relating to our affiliate program. If any of the modifications are
unacceptable to you, you must immediately terminate this Agreement and
notify us of such notification; you must not continue participating in the
affiliate program. By continuing to participate in the program following
the posting of a Change Notice or amendments to this Agreement, you are
indicating that you accept the modifications and agree to comply with
them.
COMMISSION FEES
The schedule for you to receive compensation is based on the occurrence
of a valid event, which is governed by the terms of the offer and its
requirements. We reserve the right, in our sole discretion, to determine
the validity of any event that would lead to compensation to you.
Furthermore, we will have no obligation to pay for invalid actions or if
the advertiser(s) fails to remit payment.
Depending on the particular offer, your compensation may be based on
(PERCENTAGE AS DESIGNED BY AMAZON AFFILIATE PROGRAM FOR DIFFERENT PRODUCTS
& CATEGORIES ) % of the gross revenue of Rs.____._ per sale as a
commission from the particular valid action that would trigger
compensation to you (i.e. orders placed through your Affiliate Site). You
will only be paid for legitimate compensation that was earned, which
is determined by us at our sole discretion. Payment will be made by an
approved method that will be posted on the site, and in U.S. Dollars
unless otherwise agreed to by both parties in writing You will be paid
only once you have reached a payment threshold of at least Rs.50.00USD
(or another number agreed in writing by both parties) and paid on terms of
a schedule of ___________days after the last day of the calendar month or
another time frame which has been agreed upon in writing by both
parties. (Amazon Affiliate Program)
For a sale to generate a commission to an Affiliate, the customer must
complete the order form, remit full payment for the service ordered, and
have their installation completed. You will receive ______% for orders
placed through the Affiliate Sites of those sub-Affiliates which you
have sponsored into the __________ Affiliate Program. Affiliate
commissions will only be paid on sales that are made through qualified
Affiliates.
Compensation can only be earned between the acceptance of the Affiliate
application and notice of termination. Fees will be paid on the first day
of each month by (https://topfirsthealthcare.blogspot.com/ By Freelancer Ritesh kumar).
Any returned checks, chargebacks, or fees from a returned order will be
adjusted in the following fee payment. If no fee payment is due, a billing
invoice for the amount will be issued.
Affiliates must have an active link on their website. In order to
qualify for commissions on sub-affiliate sales in any given month, an affiliate
must personally sell at least one order during that month. Affiliates will
also be responsible for all taxes and fees that they may incur.
ORDER PROCESSING
(https://topfirsthealthcare.blogspot.com/ By Freelancer Ritesh kumar) will be solely
responsible for processing every order placed by a customer on the
Affiliate and sub-affiliate sites. Customers who purchase products and
services through the (https://topfirsthealthcare.blogspot.com/ By Freelancer Ritesh kumar)
will be deemed to be customers of (https://topfirsthealthcare.blogspot.com/ By
Freelancer Ritesh kumar). Prices and availability of our products and
services may vary from time to time. (https://topfirsthealthcare.blogspot.com/ By
Freelancer Ritesh kumar) policies will always determine the price paid by
the customer. We reserve the right to reject any order that does
not comply with our rules, operating procedures, and policies.
WEBSITE RESTRICTIONS
As stated above, your eligibility to participate depends on several
things including how you promote the products or services. (https://topfirsthealthcare.blogspot.com/ By
Freelancer Ritesh kumar) reserves the right, in its sole discretion and
without explanation to you, to reject your participation in the (https://topfirsthealthcare.blogspot.com/ By
Freelancer Ritesh kumar) based on-site content. For example, Sites that do not
qualify for the (https://topfirsthealthcare.blogspot.com/ By Freelancer Ritesh kumar)
Affiliate Program include, but are not limited to, sites that:
· -Are X- rated and promote
sexually explicit materials
· -Promote violence and discord.
· -Promote discrimination based on
race, sex, religion, nationality, disability, sexual orientation, or age
· -Promote illegal or questionable
activities
· -Violate intellectual property
rights or other rights of third parties
· – Sites that use spyware,
malware, or adware
· – Sites that collect personal
information about visitors without their knowledge
· – Sites that iframe any offer
· – Sites that impersonate any
person or give the impression that the Site is endorsed by any particular
person
· – Sites that are unable to direct
reasonable amounts of traffic
· – Sites that are under
construction
· – Sites that require a
login/password, unless approved by us
· – Sites that contain exit pops or
ghost pixel firing
· – Sites that use fake news
stories or are created in a way to resemble a news site (flogs, articles)
· -Violate any law of any
applicable jurisdiction
· -Would otherwise bring our (www.tophealthcare.in/
By Freelancer Ritesh kumar) Affiliate Program into disrepute
We reserve the sole right to determine whether your website is
disqualified from our program due to the above restrictions.
FRAUD
You must not under any circumstances engage in fraudulent, unfair, or
deceptive practices when participating in our (https://topfirsthealthcare.blogspot.com/ By
Freelancer Ritesh kumar). This includes, but is not limited to, the
practice commonly known as “cookie stuffing,” offering non-existent incentives
as a reward for purchasing items, or any other fraudulent, unfair, or
deceptive practice. We reserve the right to determine, at our sole
discretion, whether you or your site has utilized any fraudulent method or
is engaging in deceptive tactics. We may suspend or terminate your account if
we have any reason to believe that you are committing fraud or deceit and
at any time, at our sole discretion. If your account is suspended or
terminated for fraud you will forgo any rights to compensation both paid,
and unpaid.
SPAM (UCE)
Unsolicited Commercial E-mail – (https://topfirsthealthcare.blogspot.com/ By
Freelancer Ritesh kumar) in no way participate in mass unsolicited
e-mailing (i.e. spamming), and all Affiliates are expected not to do
anything that would violate this policy. Violation of this policy will
result in the termination of the Agreement and immediate dismissal
from the (https://topfirsthealthcare.blogspot.com/ By Freelancer Ritesh kumar) Affiliate The
program, with no refund or payments made for affiliate commissions earned.
DATA AND INTELLECTUAL PROPERTY
Once you are approved, and so long as you remain eligible, you are
granted a non-exclusive, revocable, limited non-transferable license to
use materials that are provided to you by us or an advertiser for a
particular offer. You do not have any intellectual property rights in any of
those materials. Furthermore, any data that is collected or generated
through your efforts, use, or participation are deemed to be confidential
information of our company and become wholly owned by us. This
information is proprietary to us and is considered a trade secret. You will
remain responsible for its accuracy and safeguarding it, which includes
not reproducing it or storing it in unsecure locations. You will not
disclose any of this data to anyone outside of this Agreement and will
notify us within two (2) hours if you believe the data or your site has been
compromised. You will be liable to us for any claims, whether brought or
threatened, that are connected to the use or misuse of our site or the
data.
FORCE MAJEURE
You agree not to hold us liable for any damages related to issues beyond
our control, including but not limited to, acts of God, war, terrorism,
insurrection, riots, criminal activity, natural disasters, disruption of
communications or infrastructure, labor shortages or
disruptions (including unlawful strikes), shortages of materials, and any
other events which are not within our control
INDEMNITY
You agree to indemnify us for and defend against any actions by third
parties related to your participation in our program. For example, if you
violate our anti-spam policy, and we get sued a result of your activity,
you must indemnify us for the damages and legal fees that you cause us to
incur.
DISCLAIMER
We make no express or implied warranties or representations with respect
to the Affiliate Program or your potential to earn income from the (https://topfirsthealthcare.blogspot.com/ By
Freelancer Ritesh kumar) Affiliate Program. In addition, we make no representation
that the operation of our site or the Affiliate Sites will be
uninterrupted or error-free, and we will not be liable for the
consequences of any interruptions or downtime. We expressly disclaim all
warranties, whether written or oral. We will not be liable for any damages
that you, or any third party, may incur as a result of your use or misuse
of our site or promotion of any offer or loss of any data. In jurisdictions
that limit or do not allow these exclusions our maximum liability will not
exceed any amounts paid to you within the previous three (3) payment
cycles.
MISC.
If any Court strikes down any provision or sentence of this Agreement
the rest shall remain intact and in full force and effect. This
Agreement will be governed by the laws applicable in the State of (Insert your
state here), without reference to rules governing conflicts of laws. Any
action relating to this Agreement must be brought in a court of competent
jurisdiction located in (Insert Your City and State Here), or if no such
court of competent jurisdiction exists in that geographical area, then the next
closest court which has jurisdiction to hear the action; you irrevocably
consent to the jurisdiction of these and only these courts. The prevailing
party in any dispute or legal action will be entitled to its reasonable
attorneys’ fees and costs. You may not assign your rights or obligations
under this Agreement, by operation of law or otherwise, without our prior
written consent. We, however, may assign or transfer our rights
and obligations under this Agreement to a third party where we believe it
appropriate? for example, if we sell our business to a third party.
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. By
submitting this Affiliate Agreement form, you acknowledge that you have read
this agreement and agree to all its terms and conditions. You have
independently evaluated this program and are not relying on any
representation, guarantee, or statement other than as set forth in
this agreement. (Optional) you may choose not to have the following
rule with your program.
*Please note that NO COMMISSION is paid on your original purchase of (https://topfirsthealthcare.blogspot.com/ By Freelancer
Ritesh kumar). In other words, you cannot buy from yourself or be your first
purchase for the sole purpose of discounting your own product
purchase. I have read the terms of this agreement and I accept. https://topfirsthealthcare.blogspot.com/ By
Ritesh kumar
AT sector - 33 , Chandigarh, India.