FLEAFFAIR AFFILIATE POLICY
THIS FLEAFFAIR AFFILIATE POLICY (THE “POLICY” OR “AFFILIATE POLICY” OR “AGREEMENT”) IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THERE UNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS/DOCUMENTS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS IS A COMPUTER GENERATED ELECTRONIC RECORD/DOCUMENT AND DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
TERMS AND CONDITIONS MENTIONED IN THIS AGREEMENT ARE LEGALLY BINDING CONTRACT BETWEEN LUXQUISITE RETAIL PVT. LTD., ("FLEAFFAIR") AND THE USER ("YOU" OR "YOUR" OR "AFFILIATE") AND DESCRIBES THE TERMS ON WHICH FLEAFFAIR OFFERS YOU PARTICIPATION IN THE PROGRAM.
PLEASE READ THE TERMS AND CONDITIONS MENTIONED HEREIN CAREFULLY BEFORE PARTICIPATING OR REGISTERING FOR PARTICIPATING IN THE PROGRAM OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES RELATED TO THE PROGRAM. YOUR ACT OF PARTICIPATING/REGISTERING FOR PARTICIPATING IN THE PROGRAM, OR BY CONTINUING TO PARTICIPATE IN THE PROGRAM SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF THE PROGRAM, UPDATED FROM TIME TO TIME.
(FLEAFFAIR and You, Your, Affiliate are collectively referred to as the Parties and individually as the Party wherever the context so requires.)
1. Affiliate Channel: The website, app or any other digital property on which Affiliate displays Content approved by FLEAFFAIR under this Agreement.
2. Affiliate Platform/Hub: The reporting and tracking ecosystem accessible at affiliate.FLEAFFAIR.com to registered Affiliate using their respective login details. This is used for the efficient management of affiliates’ relationship with FLEAFFAIR.
3. Affiliate ID: A unique ID assigned to an Affiliate post signing up on the FLEAFFAIR Affiliate panel.
4. Content: Links, images, text, link formats, data, tool, API feeds etc. used for promoting FLEAFFAIR on the Affiliate Channel and specifically excludes any data, images, text or any other information or content relating to products offered or appearing on any site other than FLEAFFAIR Site.
5. Customer: Any user of FLEAFFAIR Site, including any New Customer, who transacts on FLEAFFAIR Site.
6. New Customer: A customer is called as a New Customer if he/she has not placed any order before on FLEAFFAIR.
7. Excluded Products: Products including but not limited to Products purchased by Affiliate for self-consumption (including those for close friends or family, product or service being advertised on FLEAFFAIR Site but not being sold on FLEAFFAIR Site and any other Product excluded in the Affiliate Referral Fees Schedule from time to time.
8. Products: The category of products covered under Affiliate Program as per Schedule 1, as may be updated from time to time except Excluded Products.
9. Referral Fees: Fee to be paid by FLEAFFAIR to You as advertising commission for Valid Transaction by a Customer as per the Fee Schedule displayed on the Affiliate Platform and updated from time to time subject to the terms and conditions of this Agreement.
10. Sub Affiliate : Affiliate introduced and registered under an existing Affiliate.
10. FLEAFFAIR Site: Digital properties owned and operated by FLEAFFAIR including the web portal “www.FLEAFFAIR.com” and any other portal or application used from time to time
FLEAFFAIR AFFILIATE PROGRAM
The objective of FLEAFFAIR’s Affiliate Program is to create a scalable and efficient channel of New Customers acquisition for FLEAFFAIR. Once Your application or digital property has been accepted by FLEAFFAIR and You have been notified of such acceptance, FLEAFFAIR may provide You Content to facilitate the advertisement of the Products of the Sellers on the Affiliate Channel to drive Customers to FLEAFFAIR Site. You shall display Content in a manner and form as intimated to You from time to time by FLEAFFAIR. The Products listed on FLEAFFAIR Site shall be linked to the Affiliate Channel and every time a Customer clicks on such a link on Affiliate Channel and purchases a Product from the FLEAFFAIR Site, FLEAFFAIR shall pay You a Referral Fee subject to terms and conditions of this Agreement.
You hereby consent to FLEAFFAIR as follows:
- Sending You emails / SMS communication relating to the Affiliate Program from time to time on your registered contact details
- Monitoring, crawling, and otherwise investigating Affiliate Channel to verify Your compliance with this Agreement.
You may seek enrolment in the Affiliate Program by submitting the FLEAFFAIR Affiliate Program Application ("Application") along with scanned copies of requisite documents such as Permanent Account Number (PAN), cancelled cheque, incorporation or registration certificate etc. You hereby represent and warrant that You are:
- Lawfully entitled, authorized and competent to enter into this Program
- At least eighteen (18) years of age.
- Not disqualified from entering into a lawful contract under applicable laws
- Not a registered seller on FLEAFFAIR Site both at the time of enrollment and till the time You are using Affiliate Program.
You will ensure that the information in Your application and otherwise associated with Affiliate account, including Your email address and other contact information and identification of Affiliate Channel, is at all times complete, accurate, and up-to-date. FLEAFFAIR may notify You, by way of an email and/or a notification in such manner as decided by FLEAFFAIR detailing any communication in relation to Affiliate Program. You will be deemed to have received all notifications, approvals, and other communications sent to that email address.
You agree that PAN is mandatory for seeking enrolment as well as for us to make any payment of Referral Fees under this Affiliate Program. The PAN should exactly be in the same name that has been enrolled under this Affiliate Program.
You agree that FLEAFFAIR in its sole discretion may refuse / reject / hold Your application without providing any reason. FLEAFFAIR reserves the right to refuse access to use the Program, Affiliate Platform or to terminate access granted to You at any time without according any reasons for doing so.
FLEAFFAIR may reject Your application in case FLEAFFAIR in its sole discretion considers Affiliate Channel to be unsuitable. Unsuitable Site includes but is not limited to Affiliate Channels that:
- Promote/ advertise Content through pop-up windows / pop-unders.
- Promote/ advertise Content as a cashback offer.
- Advertise misleading/wrong offers/deals running on FLEAFFAIR Site.
- Use Content, directly or indirectly, on other websites offering any kind of referral program with/without payment of fees and/or sites in the nature of multi-level marketing arrangements
- Use Content in HTML emailers, newsletters or any other form of bulk emails;
- Use Content on illegal audio/video download sites.
- Add Products directly to the Customer's cart using scripts or any tools.
- Promote Content via use of paid ads on search engine result pages and social media websites by bidding on trademark of FLEAFFAIR or any variation or misspelling of any trademark of FLEAFFAIR;
- Promote or contain any content which is harmful, harassing, violent, blasphemous, affects goodwill of FLEAFFAIR, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
- Promote or contain any content which infringes rights of any third party i.e. patent, trademark, copyright, privacy, or other personal or other proprietary rights.
- Promote violation of any law for the time being in force.
- Promote or contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation
- Promote Excluded Products.
- Promote or undertake illegal activities.
- Include any trademark of FLEAFFAIR or its affiliates, or a variant or misspelling of a trademark of FLEAFFAIR or its affiliates, in any domain name, subdomain name, or in any username, group name, or other identifier on any social networking site.
- Qualify as Assisted Commerce players:
- For the purpose of this Program, Assisted Commerce means a channel where a third-party or agent helps individuals use e-commerce websites to procure products where these individuals either don’t have access to the products or lack the means/know-how to access the internet to place these orders themselves or whatsoever the reason being. These third-party or agents create a suitable and efficient network of outlets in the given area for assisting sale of the Products.
- FLEAFFAIR reserves the right to deny Referral Fees to any individual or organization who is classified as an Assisted Commerce player.
- FLEAFFAIR does not encourage the Affiliate Program to be used by Assisted Commerce players, and instead advises Customers to directly reach out to FLEAFFAIR Site.
- FLEAFFAIR reserves the right to not count such individuals as New Customer(s) for FLEAFFAIR since the order details used for making the purchase will be that of the third-party/individual acting as agent under Assisted Commerce.
AFFILIATE CHANNEL AND YOUR RESPONSIBILITY
You will be solely responsible for Affiliate Channel including its development, operation, maintenance and all materials that are displayed thereon. Your responsibility includes but is not limited to:
- the technical operation of Affiliate Channel and all related equipment;
- displaying links and Content on Affiliate Channel in compliance with this Program and any agreement between You and any other person or entity including but not limited to any restrictions or requirements placed on You by any person or entity that hosts Affiliate Channel;
- creating, posting and ensuring the accuracy, completeness, and appropriateness of materials posted on Affiliate Channel including but not limited to Product descriptions and other Product-related materials and any information that You include within or associate with Content;
- not to cloak, hide, spoof, or otherwise obscure the URL of Affiliate Channel containing Content (including by use of a redirecting page) such that FLEAFFAIR cannot reasonably determine the site from which a Customer clicks through such Content to the FLEAFFAIR Site;
- any use that You make of the Content and the FLEAFFAIR intellectual property rights, whether or not permitted under this Program.
FLEAFFAIR will have no liability or for any of Your end users’ claims relating to abovementioned issues, and You agree to defend, indemnify, and hold FLEAFFAIR, its affiliates, licensors, its respective employees, officers, directors, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) relating to:
- Affiliate Channel or any materials that appear on Affiliate Channel, including but not limited to the combination of Affiliate Channel or those materials with other applications, content, or processes;
- Correct implementation of the tracking parameters in the Affiliate Link;
- the use, development, design, manufacture, production, advertising, promotion, or marketing of Affiliate Channel or any materials that appear on or within Affiliate Channel;
- You must ensure that direct Affiliate Link is not generated or displayed in response to general internet queries or keywords or on search engines etc.;
- Your use of any content, whether or not such use is authorized by or violates this Program, any operational documentation, or applicable law;
- Your violation of any term or condition of this Program; or
- Your or your employees' negligence or willful misconduct.
- The Referral Fees shall be payable only with respect to those transactions which are classified as “Valid Transaction”, as defined below:
- FLEAFFAIR follows a Last-click 24-hour attribution model. This means that an Affiliate will be credited with a transaction only if the Customer makes a purchase within 24 hours of clicking on the Content, provided that the Customer has not clicked on any other advertising link such as other Affiliate’s link or FLEAFFAIR promotional SMS/E-mail link or links / Affiliate links generated or displayed in response to general internet queries or keywords or on search engines etc.;
- Only those transactions that are successfully recorded in the Affiliate Platform by way of a Cookie, Pixel, URL or any other tracking method used at that time; and Products which are sold directly through the Affiliate Channel.
- The following transactions or conduct shall not be considered as Valid Transaction and hence shall not be eligible for Referral Fees:
- A single click will only be attributable to a Valid Transaction of purchase, if happened and hence any subsequent order placed within 24 hours of clicking on the Content will not be eligible for this Program and Referral Fees. You acknowledge that the tracking is reset once a Customer has completed a Valid Transaction.
- 'Bulk Order' as determined by FLEAFFAIR as per certain criteria. An order can be classified as 'Bulk Order' if it meets with any of the below mentioned criteria, which may not be exhaustive, viz:
- Products ordered are not for self-consumption but for commercial resale;
- Multiple orders placed for same Product at the same address;
- Bulk quantity of the same Product ordered;
- Invalid address given in order details;
- Order initiated during sessions using the links on Affiliate Channel meant for Your own use or for the purpose of any resale or commercial use e.g. orders for or on behalf of Your customer, orders to be consumed by You, Your friends, relatives or associates;
- Any malpractice used to place the order.
- Abusive arbitrage of any kind
- An attempt to circumvent the Referral Fees schedule or artificial increase of Your Referral Fees as determined by FLEAFFAIR (e.g. by intentionally featuring, purchasing or requesting or encouraging any third party to purchase low-price items offered on the FLEAFFAIR Site for the purpose of exceeding any Referral Fees threshold or by causing any page of the FLEAFFAIR Site to open in a Customer's browser other than as a result of the Customer clicking on a Content on Affiliate Channel, any order made with fraudulent intent, fake, unjustified or deliberate incorrect information etc.);
- Your failure to properly format the Affiliate link in accordance with the instructions and directions of FLEAFFAIR e.g. sale of any Product occurring from an Affiliate link which is not displayed on an Affiliate Channel.
With respect to Valid Transactions on Affiliate Platform, FLEAFFAIR shall pay You the Referral Fees on a monthly basis. The following payment mechanism shall be applicable:
- Referral Fees shall be payable to You as per Fee Structure as detailed in Schedule 1.
- Only one invoice for a month will be considered by FLEAFFAIR against a single Affiliate ID.
- Each Affiliate ID will be linked to a single valid PAN Number (which will be a mandatory document), bank account number and Company Name.
- The Referral Fees will be calculated on the Product Cost sold in an invoice, no fees will be paid on shipping, taxes, octroi etc.
- FLEAFFAIR will accrue and withhold payment of Referral Fee until the total amount due is at least Rs 1000/-.
- The commission slabs are on the basis of Sales count of New Customers & Customers other than New Customers.
- For New Customers, all sales will be calculated as the sum of the respective Referral Fees for 50 and above 50 New Customers (for New Customers above and over 50) as per Schedule 1.
- For Customers other than the New Customers, all sales will be calculated as the sum of the respective Referral Fees for 100 and above 100 Customers other than New Customers (for Customers other than New Customers above and over 100) as per Schedule 1.
- Any order cancellation won't account for any Customers. Only non-cancelled validated orders would be considered for Affiliate Referral Fees payment.
- For Orders from Sub Affiliates the fees will be paid as per Schedule 2.
- No additional service tax will be paid by FLEAFFAIR on the affiliate commission.
- The Referral Fees shall not be payable if the Customer initiates request of cancellation/return of the order placed by him/her within 7 days of such order and You agree to any adjustment by FLEAFFAIR in monthly Referral Fees payment due to such cancellation/return. For avoidance of doubt, such cancellation/return will also cover those Valid Transactions where Customer has shown “intent to return” due to any reason and even though such cancellation/return has not been initiated for more than 7 days (“Deemed Cancellation/Return). You agree that You will not make any dispute in relation to FLEAFFAIR decision to such Deemed Cancellation/Return.
- The options for Referral Fees payment are by Cheque, electronic fund transfer, FleAffair cash or gift voucher. The mode of payment shall be selected by You at the time to registration. The Referral Fees will be processed as per the payment mode selected by You in Your Affiliate account as on the 1st day of every month.
- Payment of Referral Fees by Cheque / electronic fund transfer mode shall be subject to submission of requisite documents as requested at the time of registration or later on as per applicable laws and FLEAFFAIR internal policies.
- The payment of Referral Fees through cheque or bank transfer shall be made only if the minimum amount to be paid to You during relevant payment cycle or at any point of time thereafter is at least Rs.1,000/-. Till that time, FLEAFFAIR will accrue and withhold Referral Fees and the same will be rolled into the next month's total Referral Fees and will be paid only if it crosses the minimum threshold amount of Rs.1,000/-. However, You can opt for gift voucher if the Referral Fees is below Rs. 1,000/-.
- You agree to issue valid invoice for the Referral Fees.
- The Referral Fees payable to you is inclusive of all the taxes including service tax or other tax or levy that You may be required to remit or add in connection with such services. If required by applicable Indian tax law, we may deduct or withhold taxes from the Referral Fees payable to You as per applicable laws. You hereby agree that You will not pursue any claim against FLEAFFAIR or any of its affiliates, and hereby waive all such claims You may have, in respect of any withholding taxes FLEAFFAIR deposits with a relevant taxing authority pursuant to this Agreement.
- You agree that the decision of FLEAFFAIR in relation to payment of Referral Fees to You, its mechanism, determination of Valid Transaction, Bulk Order etc. shall be final and binding.
- Referral Fees Schedule may be modified / revised by FLEAFFAIR at its sole discretion, in which case updated Referral Fees Schedule will be available on Affiliate Platform.
- FLEAFFAIR may set off any and all amount of Referral Fees due or becoming due to You pursuant to this Agreement against any damages, costs, expenses or any other moneys due from You to FLEAFFAIR under or by virtue of any provision of this Agreement/Program.
POLICIES AND PRICING
Subject to the terms of this Agreement, FLEAFFAIR grants You for the purposes of this Agreement, a limited, revocable, non-transferable, non-sub licensable, non-exclusive, royalty-free license to reproduce and display the Content to the extent permitted under this Agreement solely for the purpose of identifying Affiliate Channel as a Program participant and to assist in generating New Customers. You may not use such image or text in an offline promotion or other offline manner (e.g., any kind of printed material, mailing or another document). You may not modify the graphic image or text, or any other of images provided by FLEAFFAIR, in any manner. FLEAFFAIR reserve all rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow prevailing FLEAFFAIR’s Trademark / Copyright Guidelines.
You hereby acknowledge and agree that except the limited license provided hereinabove, You shall have no right or claim or assert any title to or any of FLEAFFAIR's intellectual property rights including any trademarks, copyright, patent, knowhow etc. (“ FLEAFFAIR IPRs”) or take any actions which shall or may impair any such rights.
At any time, the license granted under this Agreement shall will immediately and automatically stand terminated if FLEAFFAIR found or suspect that the terms of this Agreement are not complied by You or otherwise upon termination of this Agreement. Further FLEAFFAIR may terminate license granted under this Agreement, in whole or in part upon written notice to you without assigning any reason. Upon termination, you will promptly remove from Affiliate Platform and delete or otherwise destroy all of the Content and FLEAFFAIR IPRs with respect to which the license set forth under this Agreement are terminated or as FLEAFFAIR may otherwise request from time to time.
YOUR REPRESENTATIONS AND UNDERTAKING
You hereby represent and undertake that:
- The information provided by You in the application is complete and accurate;
- You shall comply with all laws, rules, regulations, ordinances, permits, licenses, Court judgments, decisions which are applicable to the Program and this Agreement at all times;
- You have obtained/shall obtain and maintain all applicable regulatory/governmental approvals required to enter into this Agreement and to perform your obligations under this Agreement;
- You shall not promote any offer which is not approved by FLEAFFAIR;
- You shall not use or display any Content in the Content which is not approved by FLEAFFAIR;
- You shall not bid or purchase any keyword, search terms or identifiers which are identical or similar to any of FLEAFFAIR's trade mark / brand name from any search engine;
- You shall not violate the intellectual property rights of any third party or contravene any law in force;
- You will not issue any press release or make any other public communication with respect to this Agreement, Your use of the Content, Your participation in Affiliate Program; or
- You will not misrepresent or embellish the relationship between FLEAFFAIR and You in any manner to any third party.
DISCLAIMER, WARRANTIES & LIABILITY OF FLEAFFAIR
You expressly understand and agree that, to the maximum extent permitted by applicable law:
- FLEAFFAIR shall not be liable or responsible for any error, system failure, interruption, unauthorized access to or modification, destruction, damage or loss to Affiliate Website or Your data, information, image, text etc. in any manner due to Your use of the Program or Website or Program Website. Furthermore, FLEAFFAIR shall not be liable or responsible for any compensation, reimbursement, or damages arising in connection with (a) any loss of prospective profits or revenue, anticipated sales, goodwill, or other benefits, (b) any investments, expenditures, or commitments by You in connection with this operating Agreement or Your participation in the program, or (c) any termination of this operating Agreement or Your participation in the program.
- FLEAFFAIR shall not be responsible for the delay or inability to use the Program, Program Website, Website or related functionalities or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Program, or otherwise arising out of the use of the Program, Program Website, Website whether based on contract, tort, negligence, strict liability or otherwise.
INDEMNIFICATION AND LIMITATION OF LIABILITY
- You agree to indemnify, defend and hold harmless FLEAFFAIR including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by FLEAFFAIR that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to this Agreement. Further, you agree to hold FLEAFFAIR harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Program, Website, Program Website, any claim that Your material caused damage to a third party, Your violation of the terms of this Agreement, or Your violation of any rights of third party, including any intellectual property rights.
- In no event shall FLEAFFAIR, its officers, directors, employees, partners or suppliers be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not FLEAFFAIR has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Program, Website, Program Website or Contents.
- You agree that FLEAFFAIR may, in its sole discretion and without prior notice, terminate Your access to the Program, FLEAFFAIR Site and delist You from participating in the Program in future or adjust or recover any Referral Fees already paid by FLEAFFAIR, if FLEAFFAIR determines that You have violated any of the terms of this Agreement or any representation made by You herein. You also agree that any violation by You of the terms of this Agreement may cause irreparable harm to FLEAFFAIR, for which monetary damages would be inadequate, and You consent to FLEAFFAIR obtaining any injunctive or equitable relief that FLEAFFAIR deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies FLEAFFAIR may have at law or in equity. Notwithstanding anything contained in this Agreement elsewhere, in the event You violate any terms of this Agreement or any representation made by You herein, FLEAFFAIR may in its sole discretion choose not to terminate this Agreement or terminate Your access to the Program but instead may forfeit the Referral Fees payable to You.
- You agree that FLEAFFAIR may, in its sole discretion, and without prior notice, terminate Your access to the Affiliate Program, FLEAFFAIR Site, Affiliate Platform for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You; (3) discontinuance or material modification of the Program; or (4) unexpected technical issues or problems.
- If FLEAFFAIR does take any legal action against You as a result of Your violation of the terms of this Agreement, FLEAFFAIR will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to FLEAFFAIR.
- FLEAFFAIR reserves the right to suspend or terminate Your Affiliate account or withhold or recover payment of Referral Fees for any transaction/pending affiliate commissions with immediate effect or disqualify any Affiliate from the benefits mentioned herein above without any prior notice if FLEAFFAIR suspects of any fraudulent activity or Bulk Order and take such action as may be required.
TERM AND TERMINATION
- The term of this Agreement will begin upon FLEAFFAIR’s acceptance of Your application and will end upon termination as per the terms of this Agreement either by FLEAFFAIR or You.
- This Agreement may be terminated by FLEAFFAIR or You with or without cause by giving 24 hours' notice in writing. Provided that, in the event of You committing a breach of the terms of this Agreement, FLEAFFAIR may terminate this Agreement immediately without any advance notice. Upon termination of the Agreement, any and all license granted to You by FLEAFFAIR with respect to the Program and the Contents shall automatically without any further notice stand revoked and You shall immediately cease the use of the Program and the Contents and promptly remove all Contents and Affiliate link from Affiliate website and all links between Affiliate website and FLEAFFAIR Site. You acknowledge and agree that termination of this Agreement shall not relieve You from any liability of breach, or liability accruing under this Agreement prior to termination of this Agreement.
DISPUTES RESOLUTION AND GOVERNING LAW
If any dispute arises between the Parties hereto during the subsistence of this Agreement or thereafter in connection with or arising out of this Agreement, the dispute shall be referred to arbitration under the Indian Arbitration and Conciliation Act, 1996 to be adjudicate upon by a sole arbitrator to be appointed by FLEAFFAIR. Arbitration shall be held at New Delhi, India. The proceedings of arbitration shall be in the English language. The arbitrator's award shall be final and binding on the Parties.
The terms of this Agreement shall be governed in accordance with the laws of India and courts in Delhi alone shall have jurisdiction.
FLEAFFAIR may modify any of the terms and conditions contained in this Agreement, including without limitation the Fee Schedule, in our sole discretion by posting a change notice/ revised agreement/ revised schedule on the Website and/or Program Website or by sending notice of such modification to You by email to the email address provided by You in the Application.
If the modification is unacceptable to You, then You may terminate this Agreement. Your continued participation in the Program shall constitute binding acceptance of the modification made to the terms of the Agreement.
- This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and it revokes/supersedes all previous discussions/ correspondence/ memorandum of understanding or Agreements between the Parties whether written, oral or implied, if any, concerning the matters covered herein in this Agreement.
- You cannot assign or otherwise transfer the Agreement, or any rights granted here under to any third party. FLEAFFAIR's rights under the Agreement are freely transferable by FLEAFFAIR to any third parties without the requirement of seeking Your consent.
- If, for any reason, a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the Parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect
- Any failure by FLEAFFAIR to enforce or exercise any provision of this Agreement, or any related right, shall not constitute a waiver by FLEAFFAIR of that provision or right.
- It is understood and has been agreed between the Parties that this Agreement is entered into by and between the Parties to this Agreement on 'principal-to-principal' basis and nothing in this Agreement shall create, or be deemed to create, a partnership, joint venture or the relationship of principal and agent, between the Parties or any of them.
- Neither Party shall be responsible for any delay in performance or non-performance of this Agreement provided such delay or default in performance is caused directly or indirectly by conditions beyond its control such as acts of God, riots, strike, labour unrest, war, acts of terrorism, computer systems, computer network, internet website, computer hacking, unauthorized access to computer data and storage devices, computer crashes or any Governmental restriction which may impede the performance of this Agreement.
- That Annexure(s) to this Agreement is/are part and parcel of this Agreement and be read in conjunction with this Agreement while interpreting the terms and conditions of this Agreement.
REFERRAL FEE SCHEDULE 1
|Category||New Customer||Existing Customer|
|Monthly Transactions||Upto 50||Above 50||Upto 100||Above 100|
REFERRAL FEE SCHEDULE 2
|Sub Affiliate Transactions||2.5%|
- Orders on Web will count towards the respective New & Existing user slabs.
- No additional service tax will be paid by FLEAFFAIR on the affiliate commission.
- In case a customer applies a 'Promo Code' to purchase a product, then the Fee shall be calculated on the basis of the reduced Selling Price of the product, after the application of such 'Promo Code'.
- Register as an Affiliate through this REGISTRATION LINK