smartsleep partner program terms and conditions and data protection

Affiliate Program Terms & Conditions & Privacy Policy

Updated: March, 2019

This Affiliate Program Operating Agreement ("Operating Agreement") contains the terms and conditions governing your participation in the Affiliate Program (the "Program"). "We", "us" or "our" means GoAffPro.com and the Affiliate Website. "You" or "your" means the applicant. A "Page" means a website. "Affiliate Site" means the e-commerce/retail partner using the goaffpro affiliate tracking software. "Your Website" means any website, software application or mobile application (as defined below) that you link to the Partner Site. "Referral Fees" means commissions earned for a successful and verified sale of a Product on the Affiliate Site by a Customer using your Referral Link.

BY CHECKING THE BOX INDICATING THAT YOU AGREE TO THE TERMS OF THIS OPERATING AGREEMENT, OR CONTINUED PARTICIPATING IN THE PROGRAM AFTER WE HAVE PUBLISHED ANY CHANGE NOTICE, REVISED OPERATING AGREEMENT, OR REVISED OPERATING DOCUMENTATION ON THE AFFILIATE SITE, YOU (A) AGREE TO BE BOUND BY THIS OPERATING AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE ADEQUACY OF PARTICIPATING IN THE PROGRAM AND DO NOT RELY ON ANY REPRESENTATION, WARRANTY OR STATEMENT NOT EXPRESSLY STATED IN THIS OPERATING AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LEGALLY ABLE TO ENTER INTO CONTRACTS (E.G. YOU ARE NOT A MINOR) AND THAT YOU WILL AND WILL ADHERE TO THIS OPERATING AGREEMENT. IF THIS OPERATING AGREEMENT IS SIGNED BY A COMPANY OR ANY OTHER LEGAL ENTITY, THE PERSON WHO ENTERS INTO THIS OPERATING AGREEMENT ON BEHALF OF SUCH COMPANY OR THAT ENTITY HEREBY REPRESENTS THAT THEY HAVE THE AUTHORITY AND LEGAL ANALYSIS TO SIGN THIS COMPANY OR ENTITY TO BE BOUND BY THIS OPERATING AGREEMENT.

  1. Description of the program

The purpose of the Program is to provide you with an opportunity to promote Products on your website and receive advertising fees OR commissions on Qualifying Purchases (defined in Section 7) made by your End Users. A "Product" is any item sold on the Affiliate Site, excluding any Products specifically defined herein as Excluded Products (collectively, "Excluded Products"). A product may also include certain services specifically listed in the affiliate program's commission schedule. To facilitate your promotion of products, we may provide you with data, images, text, link formats, widgets, links and other linking tools, and other information related to the Program ("Content"). The content expressly excludes any data, images, text or other information or content relating to products offered on any website other than the Affiliate website.

  1. Login

To begin the enrollment process, you must submit a complete and accurate program application. You must indicate your website in your application. We will review your application and inform you of its acceptance or rejection. We may, in our sole discretion, refuse your application even if we determine that your location is unsuitable.Examples of unsuitable websites are those that:

(a) promote or contain sexually explicit material;

(b) promote violence or contain violent material;

(c) promotes or contains libelous or defamatory material;

(d) promote discrimination or engage in discriminatory practices based on race, sex, religion, nationality, disability, sexual orientation or age;

(e) promote or engage in illegal activities;

(f) a trademark of GoAffPro, its partner sites, or its affiliates, or a variant or misspelling of a trademark of GoAffPro, its partner sites, or its affiliates in a domain name, subdomain name, or in a username, group name, or other identifier included on a social networking site; or

(g) otherwise infringe intellectual property rights

If we reject your application, you can reapply at any time. However, if we accept your application and later determine that your website 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 other information associated with your account, including your email address and other contact information and identification of your website, is complete, accurate and current at all times. We may send notices (if applicable), approvals (if applicable), and other communications relating to the Program and this Operating Agreement to the email address then associated with your Program account. You will be deemed to have received all notices, approvals, and other communications sent to this email address, even if the email address associated with your account is out of date.

  1. Links on your website

Once you have been notified that you have been accepted into the program, you can display special links on your website. "Special Links" means links to the Affiliate Site that you place on your site in accordance with this Operating Agreement, that properly use the special "tagged" link formats that we make available, and that comply with the Affiliate Program's linking requirements.

You may earn Referral Fees only as described in Section 7 and only in relation to activity on the Affiliate Site that occurs directly through Special Links. We are not obligated to pay you any advertising fees for your failure to properly format the links on your website to the Affiliate's website as Special Links, including to the extent that such failure may result in a reduction in the advertising fee amounts paid to you would otherwise be paid under this Operating Agreement.

If you wish to incorporate Special Links in a software application designed and intended for use on a mobile phone, tablet or other handheld device ("Mobile Application"), you must provide the Mobile Application name and link to your mobile application in your application for the program. The eligibility and other requirements of this Section 3 and the Mobile Application Policy apply to Mobile Applications. We will evaluate your application and inform you of its acceptance or rejection. An Accepted Mobile Application is an "Approved Mobile Application" for purposes of this Agreement.

Special links displayed in Approved Mobile Applications may be provided through the Affiliate API or Partner API ("Affiliate API") or the Product Promotion API, including special links displayed in an embedded web browser , and must use the partner ID that we have specifically assigned to you for your approved mobile applications

  1. Program Requirements

By participating in the Program, you agree that you will comply with the Affiliate Program Terms of Participation and all pages, schedules, policies, policies and other documents and materials referenced in this Operating Agreement (collectively, the "Operating Documentation") ), are complied with.

You will provide us with any information we request to verify your compliance with this Operating Agreement or the Operating Documentation. If we determine that you have failed to comply with any requirement or limitation described on the Affiliate Program Eligibility Page or other operating documentation, or that you have otherwise violated this Operating Agreement, we may (in addition to any other rights or remedies available under this Agreement): (a) withhold any 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 advertising fees; (c) terminate this Operating Agreement; or (d) take any of the above actions. In addition, you hereby agree that we:

- to send you emails related to the Program from time to time;

- monitoring, recording, using and disclosing information about your website and your website visitors that we receive in connection with the display of special links (e.g. that a particular customer clicked on a special link from your website before purchasing a product on the partner site), in accordance with the privacy notice; and

- Monitoring, crawling and other investigations of your website to verify compliance with this Operating Agreement and the Operating Documentation.

  1. Responsibility for your website

You are solely responsible for your website, including its development, operation and maintenance and for all material appearing on or within the website.For example, you are solely responsible for:

- the technical operation of your website and all devices connected to it;

- the display of special links and content on your website in accordance with this Operating Agreement and the Operating 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, hosting your website);

- creating, publishing, and ensuring the accuracy, completeness, and adequacy of the materials posted on your website (including all product descriptions and other product-related materials and any information you include in or connect to Special Links);

- use the content, your website and the materials on or within your website in any way that violates our rights or the rights of any person or entity (including copyright, trademark, privacy, publicity or other intellectual property rights or property rights) not violated or misappropriated;

- use the Content, your website and the materials on or within your website in any way that is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, defamatory or otherwise in any way;

- the accurate and appropriate disclosure on your website, either through a privacy policy or otherwise, of how you collect, use, store and disclose data collected from visitors, including, where applicable, that third parties (including us and others Advertisers) may provide content and advertising, collect information directly from visitors, and place or recognize cookies on visitors' browsers; and

- any use by you of the Content and the GoAffPro Marks, whether or not permitted under this Operating Agreement

We have no liability for these matters or for any claims by your end users related to these matters, and you agree to defend us, our affiliates and licensors, and our and their respective employees, officers, directors and agents , to indemnify and hold harmless from and against all claims, damages, losses, liabilities, costs and expenses (including attorneys' fees) relating to (a) your website or any materials appearing on your website, including the combination of your website or these materials with any other application, content or process; (b) the use, development, design, manufacture, production, advertising, promotion or marketing of your website or any materials appearing on or within your website and any other matter described in this Section 5; (c) your use of any Content, whether such use is authorized by or in violation of this Operating Agreement, Operating Documentation, or applicable law; (d) your breach of any term of this Operating Agreement or any Operating Documentation; or (e) your negligence or the willful misconduct of your employees.

  1. Order processing

We process product orders placed by customers who follow special links from your website to the partner website. We reserve the right to refuse orders that do not comply with the requirements of the partner's website, which may be updated from time to time.We will track Eligible Purchases (defined in Section 7) for reporting and advertising fee purposes and provide you with reports summarizing those Eligible Purchases

  1. Advertising Fees

We will pay you advertising fees for qualifying purchases in accordance with Section 8 and the Affiliate Program Commission Schedule. In the event that you have received an overpayment for any reason, we reserve the right to offset this against subsequent advertising fees received under this Operating Agreement. Subject to the exceptions noted below, a "Qualifying Purchase" occurs when (a) a customer clicks on to the Affiliate Site through a special link on your website; (b) Customer adds a Product to their shopping cart during a single session and places the order for that Product no later than 89 days after Customer's first click; or (c) the product is shipped to and paid for by the customer.

A "Session" begins when a Customer clicks on the Partner Site via a special link on your website and ends on the first of the following events: (x) 24 hours after that click; (y) the Customer places an order for a Product; or (z) the customer follows a special link to the affiliate site that is not your special link.

Qualifying purchases exclude and we don't pay advertising fees for the following products:

- Products added to a customer's shopping cart or streamed or downloaded by a customer after the end of the respective session, even if the customer previously followed a special link from your website to the partner site;

- any product purchase that is not properly tracked or reported because the links from your site to the partner site are not formatted correctly;

- any product purchased through a Special Link by you or on your behalf, including products you purchase through Special Links for yourself, friends, relatives or associates (e.g. personal orders, orders for your own use and orders you place for or on behalf of another person or entity);

- any product purchased for resale or commercial use of any kind;

- any Product acquired after the termination of this Operating Agreement;

- any Product order for which a cancellation, return or refund has been initiated; and

- any product purchased by a customer referred to the affiliate site by one of the following:

- an illegal paid search placement; or

- a link to the Affiliate's website, including a redirecting link, generated or displayed on a search engine in response to a general Internet search query or keyword (i.e., in natural, free, organic, or unpaid search results), regardless whether those links appear through your submission of information to this site or otherwise.

- any qualifying purchase where you have offered consideration or an incentive (including money, rebates, rebates, points, donations to charity or other organizations, or other benefits) to an individual or entity for use of Special Links ( (e.g., by instituting a "rewards" or loyalty program that encourages individuals or entities to visit the affiliate site through your specific links).

- any Product purchased through a Featured Link in a Mobile Application that was not an Approved Mobile Application or in which the Featured Link in an Approved Mobile Application was not controlled by the AMA API, the Product Advertising API, or other linking tools that we make available to you, has been served

- any qualifying purchase made in India via a mobile device or tablet, where:

- the original equipment manufacturer ("OEM") mobile application of the Partner's website is preinstalled on the device or tablet; or

- the Partner Website Mobile Application is installed through a maintenance release, firmware update, or firmware-based notification by the OEM or the notification partner; or

- the mobile application of the partner website is installed from a source other than Google Play Store or iOS App Store

"Prohibited Paid Search Placement" means an Ad that you acquired by bidding on keywords, search terms or other identifiers (including protected terms) or otherwise participating in keyword auctions. "Proprietary Term" means keywords, search terms, or other identifiers that contain the word "goaffpro" or any other trademark of GoAffPro or its affiliates, or variations or misspellings of any such word (e.g., "goaffpor"). "Redirecting Link" means a link that directs users indirectly through an intermediary site or webpage to the Partner Site without the user having to click on a link or take any other affirmative action on such intermediary site or webpage. "Search Engine" means Google, Yahoo, Bing, or any other search engine, portal, sponsored advertising service, or other search or recommendation service or website participating in any of their respective networks.

  1. Payment of advertising fees

We will pay you monthly advertising fees for qualifying purchases shipped, streamed or downloaded (as the case may be) in a given month, subject to any withholding or deductions described below. We will pay you approximately 60 days after the end of each calendar month, but may accrue and withhold promotional fees until the total amount payable to you is at least INR 1000 in the case of NEFT transfers.

The advertising fee payable to you includes all taxes, including any applicable service or goods and services tax or other tax or duty, payable by you in connection with such services for which you have a valid invoice in accordance with applicable laws and issue regulations and include them on tax returns within the prescribed timeframe so that Partner Site can receive a pre-tax credit for taxes paid. You agree to comply with all applicable provisions of these laws, including but not limited to:

- the timely issuance of GST-compliant invoices;

- to make the invoices available to the partner site;

- the periodic payment of applicable taxes; and

- the correct reporting to the government according to tax laws.

If at any time the affiliate site or GoAffPro refuses to credit tax or requires payment of tax due to, among other things, the issuance of an incorrect invoice, default in payment of tax, improper reporting in the submitted declarations or failure by you to comply with applicable laws and regulations, you shall indemnify Affiliate Site and GoAffPro for any denied credit or tax reclaimed, interest and penalties imposed on Affiliate Site and GoAffPro where required by applicable Indian tax law , we may deduct or withhold any tax, duty or similar amount from any advertising fee payable to you. If you are a resident of India, the advertising fees payable to you are subject to withholding income tax at the rate prescribed by applicable law. If you are not a resident of India or have not provided us with your PAN (Permanent Account Number), the withholding rate that applies to you will be different. If you are not a resident of India, you also agree to provide the necessary documentation for the Affiliate Site and GoAffPro to comply with their reporting or other obligations related to the advertising fee payable to you. Where we deduct or withhold tax from the advertising fees payable to you, we will provide you with the appropriate withholding tax certificate if required by applicable law to show that the tax has been remitted to the relevant regulators (for non-residents this is subject to the relevant documents provided). If you provide us with a zero or reduced withholding tax certificate, we will apply that zero or reduced tax rate as the applicable withholding tax rate to the advertising fees payable to you. You hereby agree that you will not bring any claim against P or any of its affiliates and hereby waive any claim you may have now or in the future with respect to any taxes that Affiliate Site and GoAffPro may have under this Operating Agreement at any relevant tax authority.

  1. Policies and Pricing

Customers who purchase products through this program are customers of the affiliate site for all activities they undertake in connection with the affiliate site. Accordingly, as between you and us, all prices, terms of sale, rules, policies and operating procedures relating to Customer orders, customer service and product sales set forth on the Affiliate Site apply to such Customers and are subject to change at any time.

  1. Identify yourself as a partner

You will not issue any press releases or make any other public communications related to this Operating Agreement, your use of the Content, or your participation in the Program. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse or contribute to any charity or other cause), or any relationship or affiliation between us and you or any other person or entity, except as expressly permitted in this Operating Agreement.However, you must clearly state the following on your website: "[Insert your name] is a participant in the GoAffPro Affiliate Program, an affiliate advertising program designed to provide websites with advertising revenue by advertising and linking to the affiliate website

  1. Restricted License
  2. Subject to the terms of this Operating Agreement and solely for the limited purpose of promoting products on the Affiliate Site and directing end users to the Affiliate Site in connection with the Program, we hereby grant you a limited, revocable, non-transferable , non-sublicensable, nonexclusive, royalty-free license to (a) copy and display the Content solely on your website; and (b) use only those of our marks and logos that we make available to you as part of the Content (those marks and logos, collectively "GoAffPro Marks"), only on your website and in accordance with the GoAffPro Trademark Guidelines Affiliate Program
  3. All licenses set forth in this Section 11 will terminate immediately and automatically if at any time you fail to timely comply with any obligation under this Operating Agreement or any Operating Documentation, or otherwise upon termination of this Operating Agreement. In addition, we may terminate the license set forth in this Section 11 in whole or in part by written notice to you. You will promptly remove from your website and delete or otherwise destroy all Content and GoAffPro Marks for which the license set forth in this Section 11 is terminated or which we otherwise request from time to time.
  4. IP license of the partner program ("License")
  5. By accepting the Operating Agreement or by accessing or using Product Promotional Content (as defined below), including proprietary application programming interfaces and other tools (collectively, "PA API") that allow you to access and use certain types of data, images, text and other information and content related to products ("Product Promotional Content") that we make available to you, you agree to be bound by this license.
  6. Subject to the terms of this License and solely for the limited purpose of participating in the Affiliate Program in strict compliance with the Operating Agreement (including this License and other Operating Documentation), we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to: (a) copy and display Product Promotional Content solely on your website; (b) use only the GoAffPro Marks that we make available to you as part of the Product Promotional Content, solely on your website and in accordance with the Associates Program's Trademark Guidelines, except as otherwise provided in this Operating Agreement; and (c) access and use the PA API, Data Feed and Product Promotional Content solely in accordance with the Specifications and this License.
  7. Reservation of Rights; Submissions

Except for the limited licenses expressly set forth in Section 11, we reserve all right, title and interest (including all intellectual property and proprietary rights) in the Program, the Special Links, the Link Formats, the Content, the PA API, the data feeds, product advertising content, and you do not acquire any ownership rights in, by virtue of this Operating Agreement or the license hereunder, in any such domain name owned or operated by us, information and materials on any Affiliate Site or the Associates Site , our and our partners' trademarks and logos (including the GoAffPro Marks), and any other intellectual property and technology we make available or use in connection with the Program (including any application program interfaces, software development kits, libraries, example codes and related materials)

If you provide us or any of our affiliates with any suggestions, reviews, changes, data, images, text or other information or content regarding any Product or in connection with this Operating Agreement, any Content or your participation in the Program, or if you modify any content in any way (collectively, "your Submission"), you hereby irrevocably assign to us all right, title and interest in and to your Submission and grant us (even if you have marked your Submission as confidential) a perpetual, paid , royalty-free, non-exclusive, worldwide, irrevocable, freely transferable right and license to (a) use, reproduce, perform, display and distribute your Submission in any manner; (b) adapt, modify, reformat and create derivative works from your Submission for any purpose; (c) use and publish (but we are under no obligation to do so) your name in the form of attribution in connection with your Submission; and (d) sublicense the foregoing rights to any other person or entity. You also hereby warrant that: (y) your Submission is your original work or you obtained your Submission in a lawful manner; and (z) we and our sublicensees will not infringe any rights of any person or entity, including copyrights, in exercising the rights under the License referred to above. You agree to assist us in documenting, perfecting or maintaining our rights in your Submission, to the extent we need it.

  1. Compliance with Laws

In connection with your participation in the Program, you will comply with all applicable laws of India including, without limitation, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions and other requirements of any governmental authority having jurisdiction over you is.

  1. Runtime and Termination

The term of this Operating Agreement begins upon our acceptance of your Program application and ends when terminated by either you or us. Either you or we may terminate this Operating Agreement at any time, with or without cause, by giving written notice to the other party.Upon termination of this Operating Agreement, all licenses you may have with respect to the Content will automatically terminate and you will immediately cease using the Content and the GoAffPro Marks and all links to the Affiliate Website, all GoAffPro Marks, all other Content and all promptly remove from your website and delete or otherwise destroy any other materials we have made available to you under this Operating Agreement or otherwise in connection with the Program. We may retain any accrued unpaid advertising fees for a reasonable period after termination, to ensure the correct amount is paid (e.g. to accommodate cancellations or returns). Upon termination of this Operating Agreement, all rights and obligations of the parties shall cease, except that the rights and obligations of the parties pursuant to Sections 5, 9, 10, 12, 13, 14, 16, 17, 18, 19 and 20 and all accrued , but unpaid payment obligations by us under this Operating Agreement shall survive the termination of this Operating Agreement. Termination of this Operating Agreement will not relieve either party of any liability for breach of this Operating Agreement or for any liability arising out of this Operating Agreement prior to termination.

  1. change

We may change the terms and conditions contained in this Operating Agreement (and the Operating Documentation) at any time and in our sole discretion, by posting a change notice, revised agreement or revised Operating Documentation on the Partner Website or by sending you a E-mail notification of any such change to the e-mail address then associated with your Associates account (such change by e-mail will be effective on the date specified in the e-mail but in no event less than two business days after the date the email was sent). Changes may include, for example, changes to the Associates Program fee schedule, Associates Program eligibility requirements, payment procedures, and other program requirements. IF ANY CHANGE IS UNACCEPTABLE TO YOU, YOUR EXCLUSIVE REACTION IS TO TERMINATE THIS OPERATING AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM AFTER THE EFFECTIVE DATE OF ANY CHANGE (E.G., THE DATE WE POST A CHANGE NOTICE, MODIFIED OPERATING AGREEMENT, OR MODIFIED OPERATING DOCUMENTATION ON THE PARTNER WEBSITE, OR THE DATE PROVIDED IN AN EMAIL REGARDING YOU OF SUCH MODIFICATION) WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE MODIFICATION.

  1. Relationship between 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 between you and us or our respective affiliates. You are not authorized to make or accept any offer or representation on our behalf or that of our affiliates. You will not make any statements, whether on your website or otherwise, that conflict or may conflict with the statements in this section. If you authorize, assist, encourage or enable any other person or entity to perform any action related to the subject matter of this Operating Agreement, you will be deemed to have performed the action yourself.

  1. Limitation of Liability

WE WILL HAVE NO LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOSS OF INCOME, PROFITS, GOODWILL, USE OR DATA) RESULTING IN CONNECTION WITH THIS OPERATING AGREEMENT, THE PROGRAM, THE OPERATING DOCUMENTATION, THE AFFILIATES SITE, THE GOAFFPRO SITE, OR THE SERVICE OFFERINGS (AS DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN ADDITION, EXCEED OUR TOTAL LIABILITY IN CONNECTION WITH THIS OPERATING AGREEMENT, THE PROGRAM, THE AFFILIATES SITE, THE GOAFFPRO SITE, THE GOAFFPRO SITE THE SERVICE OFFERINGS WILL NOT INCUR THE AMOUNT OF ADVERTISING FEES PAID OR PAYABLE TO YOU UNDER THIS OPERATING AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRIOR TO THE DATE THE EVENT GIVING RISE TO THE RECENT LIABILITY CLAIM.

  1. Disclaimers

THE PROGRAM, THE GOAFFPRO SITE, THE AFFILIATE SITE, ALL PRODUCTS AND SERVICES OFFERED ON THE AFFILIATE SITE, ALL SPECIFIC LINKS, LINK FORMATS, OPERATING DOCUMENTATION, CONTENT, THE DOMAIN NAME GOAFFPRO.COM AND THE TRADEMARKS AND LOGOS OF OUR AFFILIATES (INCLUDING THE GOAFFPRO BRANDS), AS WELL AS ALL TECHNOLOGY, SOFTWARE, FEATURES, MATERIALS, DATA, IMAGES, TEXT AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY, THE "SERVICE OFFERINGS") ARE PROVIDED "AS IS". NEITHER WE NOR OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE OFFERING, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES RELATING TO THE SERVICE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND NO INTERFERENCE IN USE, AND ANY WARRANTIES BASED ON COMMERCIAL PURPOSE, COMMERCIAL PURPOSE, OR TORT OF PERFORMANCE, ARE DISCLAIMED. WE MAY DISCONTINUE ANY SERVICE OR CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE OR OPERATION OF ANY SERVICE AT ANY TIME AND FROM TIME TO TIME IN OUR OWN DISCRETION. NEITHER WE NOR OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICES WILL CONTINUE TO BE PROVIDED, THAT THEY WILL OPERATE AS DESCRIBED, CONSISTENTLY OR IN A PARTICULAR WAY, OR THAT THEY WILL BE UNINTERRUPTED, ACCURATE, ERROR-FREE OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY (A) ERRORS, INACCURACIES OR INTERRUPTIONS IN THE SERVICE, INCLUDING, INCLUDING ANY POWER FAILURE OR SYSTEM ERROR; OR (B) UNAUTHORIZED ACCESS TO, ALTERATION, OR DELETION, DESTRUCTION, CORRUPTION OR LOSS OF YOUR WEBSITE OR ANY DATA, IMAGES, TEXT OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR ANY OTHER PERSON OR ENTITY, OR ABOUT THE PROGRAM, THE CONTENT, THE OPERATING DOCUMENTATION, THE GOAFFPRO SITE OR THE AFFILIATES PROGRAM SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS OPERATING AGREEMENT .FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDEMNITY, REFUNDS OR DAMAGES RESULTING FROM (X) LOSS OF ANTICIPATED PROFITS OR REVENUES, ANTICIPATED SALES, GOODWILL OR OTHER BENEFITS, (Y) INVESTMENTS, EXPENSES OR OBLIGATIONS YOU WILL ARISE IN CONNECTION WITH THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM, OR (Z) THE TERMINATION OF THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM

  1. Governing Law and Litigation

This Operating Agreement shall be governed by the laws of the Republic of India without regard to the principle of conflict of law. The courts located in [Haryana] shall have exclusive jurisdiction over any dispute arising out of the Program or this Operating Agreement.

Notwithstanding anything to the contrary in this Operating Agreement, we may seek an injunction or other remedy in any court of competent jurisdiction for any actual or alleged infringement of our intellectual property or the proprietary rights of another person or entity. You further acknowledge and agree that our rights in the Content are of a special, unique and exceptional character, giving them a special value, the loss of which cannot be readily appreciated or adequately compensated in the form of damages.

  1. Other

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 of this Operating Agreement, or operate websites similar to or with your website you compete You may not assign this Operating Agreement, by operation of law or otherwise, without our express prior written consent. Subject to this limitation, this Operating Agreement shall bind, benefit and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict compliance with any provision of this Operating Agreement shall not constitute a waiver of our right to subsequently enforce that provision or any other provision of this Operating Agreement. In the event of any conflict between this Operating Agreement and the Operating Documentation, the Affiliate Program Excluded Products page will control this Operating Agreement, which in turn will control the remainder of the Operating Documentation. Whenever the terms "including", "including", "e.g." and "for example" are used, they mean "including without limitation", "including without limitation", "e.g., without limitation" and "for example, without limitation". Any decisions or updates made by us, any actions taken by us and any approvals granted by us under this Operating Agreement may be made, taken or granted in our sole discretion. Any information relating to us or our affiliates provided by us in connection with the Operating Agreement that is not known to the general public will be considered "Confidential Information".You agree that: (a) all Confidential Information will remain the exclusive property of GoAffPro; (b) you will use Confidential Information only to the extent necessary for your performance under the Operating Agreement and ensure that persons who have access to Confidential Information are made aware of and comply with the obligations in this provision; and (c) you will not otherwise disclose Confidential Information to any individual, company or other third party (other than your affiliates). You agree that we may, in our sole discretion, protect any information you provide or transmit, or any information that relating to your services under this Operating Agreement, to any judicial, quasi-judicial, governmental, regulatory or other authority, if this is necessary for us to cooperate with them and/or to comply with their orders, instructions or directives or in order to do so to meet requirements under applicable law. You represent and warrant that you and your financial institution(s) are not subject to, sanctioned or otherwise listed on, or are owned or controlled by any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Treasury Department's list of Specially Designated Nationals and Foreign Sanctions Evaders and the US Commerce Department's Entity List), the European Union or its member states or any other competent governmental authority.

MOBILE APPLICATION GUIDELINES

These Mobile Application Policies ("Mobile Application Policies") apply to the inclusion of Special Links in your Approved Mobile Application. "We", "us" or "our" means GoAffPro.com, its partner websites or one of its affiliates, as the case may be. "You" means the user agent for the Partner 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 Policies is required at all times, and any violation of these Mobile Policies will automatically result in termination of the Operating 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 mimic the functionality of our partner website for shopping apps (if any);
  4. may not have price tracking and/or price alert functionality unless approved in advance in writing by GoAffPro or the Partner Site;
  5. may not host or display the websites of the partner site in WebViews.

We may change this Mobile Application Policy at any time and in our sole discretion by posting a change notice or a revised or restated Mobile Application Policy on the GoAffPro or Affiliate Site. IF ANY CHANGE IS UNACCEPTABLE TO YOU, YOUR SOLE REMEDY IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM. CONTINUED INCORPORATION OF SPECIFIC LINKS IN YOUR APPROVED MOBILE APPLICATION AFTER OUR POSTING OF A CHANGE NOTICE OR REVISED MOBILE APPLICATION POLICY ON THE PARTNER SITE CONSTITUTES YOUR BINDING ACCEPTANCE OF THE CHANGE.

We reserve the right, in our sole discretion, to take appropriate action against any unauthorized use or use inconsistent with this Mobile Application Policy

Goaffpro.com Privacy Notice

Goaffpro.com knows that you care about how information about you is used and shared, and we appreciate your trusting us to do this carefully and sensibly. This notice describes Goaffpro.com's privacy policy. By visiting Goaffpro.com and its customers' affiliate portal, you accept and consent to the practices described in this Privacy Policy.

- Person in charge of personal information

- What personal information does Goaffpro.com collect about customers?

- What about cookies?

- Does Goaffpro.com share the information received?

- How secure is the information about me?

- What about third party providers and links to other websites?

- What information can I access?

- What choices do I have?

- Are children allowed to use Goaffpro.com?

- Announcements and Revisions

- Examples of information collected

Responsible for personal information

All personal information provided to or collected by Goaffpro.com under this Privacy Policy is held and controlled by Goaffpro.com (the Data Controller) at 16, Sector 20, Haryana, India.

What personal information about customers does Goaffpro.com collect?

The information we receive from our customers helps us personalize and continually improve your affiliate experience at goaffpro.com. We use your information to help our partner e-commerce stores operate an affiliate network, provide services, process payments, communicate with you about orders, products, services and promotional offers, update our records and generally maintain your accounts with us, display content such as your earnings, successful referrals, etc. We also use this information to improve our platform, to prevent or detect fraud or abuse of our website, and to enable third parties to perform technical, logistical or other functions on our behalf.

The following are the types of information we collect.

Information you give us: We receive and store any information you enter on our website or give us in any other way. Click here to see examples of what we collect. You can choose not to provide certain information, but then you may not be able to use many of our features. We use the information you provide to respond to your requests, improve our platform and communicate with you.

Automatic Information: We receive and store certain types of information when you interact with us. For example, like many other websites, we use "cookies" and receive certain types of information when your web browser accesses Goaffpro.com and its partner portals, or advertisements and other content posted by or on behalf of Goaffpro.com on others websites are provided. Click here to see examples of the information we receive. We may also receive/store information about your location and mobile device, including a unique identifier for your device.We may use this information for internal analysis and to provide location-based services, such as advertising, search results and other personalized content

Email Communications: In order to make emails more useful and interesting, we often receive a confirmation when you open an email from Goaffpro.com, if your computer supports this feature. We also compare our customer list with lists from other companies to avoid sending unnecessary messages to our customers. If you do not wish to receive email or other mail from us, please adjust your communication preferences.

Information from other sources: We may receive information about you from other sources and add it to our account information.

By using or continuing to use the Site, you consent to our use of your information (including sensitive personal information) in accordance with this Privacy Notice, as may be amended from time to time by Goaffpro.com, in its sole discretion. You also consent to us collecting, storing, processing, transferring and sharing your information (including sensitive personal information) with third parties or service providers for the purposes set out in this Privacy Notice.

We may be required to share the above information with government agencies and bodies for identity verification purposes or for the prevention, detection or investigation, including cyber incidents, and prosecution and punishment of criminal offences. You consent to Goaffpro.com disclosing your information where required by applicable law.

What about cookies?

- Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser to enable our systems to recognize your browser and provide features such as Site Stripe, One-Click Share, etc. and to remember your preferences in the partner portal.

- The Help menu in the menu bar of most browsers tells you how to stop your browser from accepting new cookies, how to get the browser to notify you when you receive a new cookie, and how to disable cookies altogether be able. In addition, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or by visiting the manufacturer's website. However, because cookies enable you to experience some essential features of Goaffpro.com, we recommend that you leave them enabled.

- If you leave cookies on, make sure you sign out when you stop using a shared computer.

Does Goaffpro.com share the information it receives?

Information about our customers is an important part of our business and we are not able to sell it to others. Goaffpro.com shares customer information only as described below and with its subsidiaries that Goaffpro.com controls and with its customers who are either subject to this Privacy Notice or employ practices at least as protective as those described in this Privacy Notice.

- Affiliates We Do Not Control: We work closely with affiliated companies. In some cases, these companies operate stores on shopify.com or sell listings to you on shopify.com. In other cases, we provide services jointly with or on behalf of these companies.

- Third Party Service Providers: We hire other companies and individuals to perform tasks on our behalf. Examples include analyzing data, providing marketing assistance, providing search results and links (including paid listings and links) that Processing credit card payments and providing customer services. They have access to the personal information they need to perform their jobs, but are not allowed to use it for any other purpose. In addition, they must process the personal data in accordance with this privacy notice and within the framework of the applicable laws.

- Business Transfers: As we continue to develop our business, we may sell or buy businesses, subsidiaries or divisions. In such transactions, customer data is typically one of the transferred business assets, but remains subject to the promises made in the pre-existing privacy notices (unless the customer agrees otherwise). Of course, even in the unlikely event that Goaffpro.com, Inc. or substantially all of its assets are acquired, customer data will be among the transferred assets.

- Protecting Goaffpro.com and Others: We release account and other personal information when we believe release is appropriate to comply with applicable law, enforce or apply our Terms of Service and other agreements, or protect the rights protect the property or safety of Goaffpro.com, our users, or others. This includes sharing information with other companies, organizations, governments or regulators to protect against fraud and reduce credit risk. However, this does not include selling, renting, sharing, or otherwise disclosing customers' personally identifiable information for a commercial purpose in a manner that is inconsistent with the promises made in this Privacy Policy.

- With your consent: Except as noted above, you will be notified when information about you may be shared with third parties and given the opportunity to opt-out of having the information shared.

How secure is the information about me?

- We work to protect the security of your data during transmission by using Secure Sockets Layer (SSL) software, which encrypts the data you enter and protects the security of your data in accordance with the international standard IS/ISO/ IEC 27001 guaranteed via "Information Technology Security Techniques Information Security Management System Requirements".

- We maintain physical, electronic, and procedural safeguards associated with the collection, storage, and disclosure of personal information (including sensitive personal information). Our security procedures mean that we occasionally request proof of identity before disclosing any personal information to you.

- It is important that you protect yourself against unauthorized access to your password and your computer. Be sure to sign out when you stop using a shared computer. Click here for more information on opting out.

What about third party providers and links to other websites?

Our website contains third party advertisements and links to other websites.

What information can I access?

Goaffpro.com allows you to access a wide range of information about your account and your interactions with Goaffpro.com for the limited purpose of viewing and, in certain cases, updating this information. This list will change as our website evolves.

What are my choices?

- As previously mentioned, you can always choose not to provide any information, even if it is required to create an account or to use goaffpro.com features such as your profile.

- You may add or update certain information on the pages referred to in the What information can I see? is referenced. If you update information, we usually keep a copy of the previous version for our records. If you do not wish to receive email or other mail from us, please adjust your communication preferences. (If you do not wish to receive Terms of Use and other legal notices from us, such as this Privacy Notice, those notices will still apply to your use of goaffpro.com and it is your responsibility to review them for changes).

- If you do not wish to receive email or other mail from us, please adjust your communication preferences. (If you do not wish to receive Terms of Use and other legal notices from us, such as this Privacy Notice, those notices will still apply to your use of goaffpro.com and it is your responsibility to review them for changes).

- The Help menu in the menu bar of most browsers tells you how to prevent your browser from accepting new cookies, how to get the browser to notify you when you receive a new cookie and how You can disable cookies altogether. In addition, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or by visiting the manufacturer's website.

However, because cookies enable some essential features of goaffpro.com, we recommend that you leave them turned on.

Are children allowed to use Goaffpro.com?

Use of goaffpro.com is restricted to persons who can form a legally binding contract under the Indian Contracts Act, 1872. If you are a minor, i.e. under the age of 18, you may only use goaffpro.com with the involvement of a parent or legal guardian.

Notifications and Revisions

If you have any privacy or grievance concerns at goaffpro.com, please contact us with a detailed description and we will try to resolve the issue for you.

Our business is constantly changing and our Privacy Notice and Terms of Use will change as well. We may e-mail you periodic reminders of our notices and terms unless you have instructed us not to do so, but you should visit our website frequently to check for recent changes.

Unless otherwise stated, our current Privacy Notice applies to all information we have about you and your account. However, we stand by our promises and will never materially change our policies and practices to lower the protection of customer data collected in the past without the consent of the customers concerned.

Examples of Information Collected

Information you give us

You provide most of this information when you create an account and update your profile in Settings.For example, you provide information when you: provide information on your account (and you may have more than one if you have used more than one email address) or on your profile; communicate with us by telephone or otherwise. As a result of these actions, you may provide us with information such as your name, address and telephone number, the personal description in your profile, and financial information.

Automatic information

Examples of information we collect and analyze are: the internet protocol address (IP address) that your computer uses to connect to the internet; Log in; E-mail address; Password; computer and connection information such as browser type and version; operating system and platform; the complete Uniform Resource Locators (URL) click stream to, through and from our website (including date and time); cookie number; We may also use browser data such as cookies or similar data on certain parts of our website for fraud prevention and other purposes. During some visits, we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to particular pages, page interaction information (e.g., scrolling, clicks, and mouse-overs) and methods used to exit the page.

Information you can access

Examples of information that you can easily access at goaffpro.com are: current information about recent orders from partners, personal information (including name, email, password, communication and personalized preferences), payment preferences, E -Mail notification settings and your profile.

Complaints Officer

The details of the Complaints Officer are below:

Name: Anuj Tenani

Email: admin@goaffpro.com

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