Affiliate Program Terms and Conditions of Raj Softech Solutions
This Affiliate Agreement ("Agreement") constructed between us, Raj Softech Solutions India Private Limited ("RajSoftech Hosting") and you, regarding your application of participation with our Affiliate Program (the "Affiliate Program") as an "affiliate" of Raj Softech Solutions India Private Limited (an "Affiliate", "You", "Your"), and the establishment of links from your website to our website, https://www.rajsoftechsolutions.com.
BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN OUR AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND OUR TERMS AND CONDITIONS https://www.rajsoftechsolutions.com/terms-and-conditions AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Note: If you do not agree to be bound by this agreement as last revised, do not use (or continue to use) any of our services availed through our site.
Last Updated Date: 23-01-2021
CLAUSE 1. Definitions
"Affiliate" - The individual person, or entity applying for our affiliate program, using our affiliate tracking code in exchange for receiving commissions from our product sales.
"Affiliate Site" - The Affiliate's websites where our products or services are displayed.
"RajSoftech Hosting Products and Services" - All services listed on our website that are available for purchase.
"Commission Fees" - The amount you will earn from each qualified purchase by a customer referred by you for the very first time to our company and pursuant to the terms of this agreement.
"Commission Threshold" - The eligible payout limit of all your accrued affiliate sale commission prior to your last payment.
"Qualified Purchase" - Any sale of Raj Softech Solutions products and/or services from our affiliate for a term of minimum (12) twelve months or longer tenure to a referred customer that is not excluded under clause 5.
"Referred Customer" - Each new and unique customer referred to our company the very first time through our affiliate link (refer clause 2) that provides a valid account and billing information.
"Registration Form" - Any and all order forms, signups, acceptance forms, submitted by a customer to buy our products and/or services.
CLAUSE 2. Enrollment / Registration
2.1. To become our affiliate, complete the simple registration form on our affiliate page.
2.2. Our background verification team will verify your application in good faith and will notify you of our acceptance or rejection in a timely manner. We may sometimes reject your application if we determine (at our sole discretion) that your website is not suitable for our affiliate program for any reason, but not limited to, its inclusion of content that is, in our opinion, unlawful or otherwise violates our Acceptable Use Policy https://www.rajsoftechsolutions.com/terms-and-conditions
2.3. If we reject your application for any reason, you will not be allowed to enroll again using the same domain name or email Id. But you are allowed to reapply with a different domain name.
CLAUSE 3. Promotion / Marketing
3.1. Use of Banners and Links: If your application is approved, we will provide you with an affiliate account. There you can find a variety of graphic and textual links (collectively, "links") tagged with a unique affiliate ID. You, therefore, agree that your use of these links must be in compliance with this agreement at all times. Raj Softech Solutions may modify links from time to time at its sole discretion. You also agree that you will not use our links on any websites that are not approved by RajSoftech Hosting.
3.2. Disclaimer: EXCEPT AS PERMITTED HEREIN, YOU SHALL NOT be AUTHORIZED TO (3.1.1.) USE THE RAJSOFTECH HOSTING TRADEMARK, NAME OR ANY OF OUR OTHER INTELLECTUAL PROPERTY, INCLUDING WITHOUT LIMITATION, THE LINKS, AND THE LICENSED MATERIALS (COLLECTIVELY, THE “RAJ SOFTECH SOLUTIONS IP”) (OR ANY VARIATIONS OR MISSPELLINGS THEREOF OR OTHER TERM OR TERMS CONFUSINGLY SIMILAR TO ANY OF THE FOREGOING) WITHOUT RAJSOFTECH EXPRESS PRIOR WRITTEN PERMISSION;
(3.2.2.) USE RAJ SOFTECH SOLUTIONS IP IN A DOMAIN OR WEBSITE NAME, IN ANY BIDS FOR KEYWORDS OR GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), IN ANY SEARCH ENGINE ADVERTISING (PAID OR OTHERWISE), IN ANY METATAGS, GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), KEYWORDS, ADVERTISING, SEARCH TERMS, CODE, OR OTHERWISE; (3.2.3.) ACT IN ANY WAY THAT CAUSES OR CREATES OR COULD CAUSE OR CREATE ANY "INITIAL INTEREST CONFUSION" OVER THE USE OF RAJ SOFTECH SOLUTIONS IP ON THE INTERNET OR IN ANY SEARCH ENGINE ADVERTISING. YOUR USE OF RAJ SOFTECH SOLUTIONS IP IN ANY MANNER, OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER SHALL CONSTITUTE UNLAWFUL INFRINGEMENT OF RAJ SOFTECH SOLUTIONS INTELLECTUAL PROPERTY RIGHTS, AND MAY SUBJECT YOU TO CLAIMS FOR DAMAGES (INCLUDING POTENTIAL TREBLE DAMAGES FOR KNOWING OR WILFUL INFRINGEMENT), AND THE OBLIGATION TO PAY RAJ SOFTECH SOLUTIONS LEGAL FEES AND COSTS IN CONNECTION WITH ANY ACTION OR PROCEEDING IN WHICH RAJ SOFTECH SOLUTIONS SEEKS TO ENFORCE ITS RIGHTS UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF RAJ SOFTECH SOLUTIONS INTELLECTUAL PROPERTY RIGHTS.
3.3. You are not allowed to post or guarantee any refunds, credits, or discounts on our products and/or services or other content concerning Raj Softech Solutions without prior written consent in each instance. Affiliates are allowed to use our coupons and discounts that are provided or listed on our website. Any such violations will result in the termination of your affiliate program or the withholding of your commission fees.
CLAUSE 4. Order Processing
All orders place by Referred Customers may be approved or rejected by Raj Softech Hosting, at its sole discretion, to reject orders that do not comply with our requirements (may be established from time to time). All other processes such as order processing, cancellation, refunds, and payments will be our responsibility. We will track all orders manually and approve qualified purchases only.
CLAUSE 5. Qualified Purchase
5.1. Commissions will be calculated based on the commission structure stated on our website for each qualified purchase (as defined herein). A qualified purchase does NOT include the following:
5.1.1. The purchase by a Referred Customer should not be associated with any of our affiliated websites or subsidiaries.
5.1.2. The purchase by a Referred Customer who is having a history of refunds, not timely payments.
5.1.3. The purchase should be completed before the affiliate enrollment process.
5.1.4. The purchase by a Referred Customer that has not a good standing for a period of at least thirty (30) days or is in violations of our terms of services https://www.rajsoftechsolutions.com/terms-and-conditions, Acceptable Use Policy or other applicable policies at the time of commission fees accrue.
5.1.5. The purchase at our sole discretion suspects to be fraud, which includes, but not limited to, use of any bot registrations, fictitious information, false address for communication, false email address, multiple accounts from the same customer, or the referral of accounts that do not comply with t his agreement.
5.1.6. A purchase by an Affiliate that has an excessive cancellation rate as determined at our sole discretion.
5.1.7. A purchase by a Referred Customer was offered or received coupons, discounts, refunds, credits, or canceled before 30 Days of the account activation.
5.1.8. The Affiliate is practicing unethical or likely to attract fraudulent signups with a very likelihood of renewal.
5.1.9 The purchase by a Referred Customer processed with a discounted offer, festive offer, and/or any types of discounts.
5.1.10. RajSoftech Hosting reserves to withheld the Initial Commission Fees to Affiliates who are new to our program or who earned commissions that are determined as fraudulent, as determined, at our sole discretion, to determine the legitimacy.
5.1.11. RajSoftech Hosting reserves the right to suspend the payment of Commission Fees at any time if we suspect any fraud or other reported activity or potential breach our any of these terms in this agreement either by the Affiliate or a Referred Customer. It may lead to any part or entire Commission Fees corresponding to the fraudulent, questionable, and canceled purchases.
5.1.12. RajSoftech Hosting reserves the right to immediately cancel or withhold any or all Commission Fees that fail to meet "Qualified Purchase Criteria". Affiliate is responsible for monitoring payment, denial, and withholding of Commission Fees. If an Affiliate has a question towards the Commission Fees that have been canceled or withheld, Affiliate has thirty (30) days from the day of the payment to contact RajSoftech Hosting. Final Decisions are at our sole discretion.
5.1.13. Commissions for any Referred Customer who is already with any of our Affiliate Sites or subsidiaries may not be considered for a Qualified Purchase. In other words, you will not receive double commissions.
5.1.14. If the Referred Customer is having an excessive Cancellation rate, as determined at our sole discretion, will not be considered as a Qualified Purchase.
5.1.15. Any attempt to manipulate or inflate the Referred Customers, Qualified Purchases, Or Commission Fees in any intention to defraud Raj Softech Hosting or any violation of the terms of this Agreement constitutes immediate grounds for Termination of your Affiliate Program and forfeiture of all accrued Commission Fees.
CLAUSE 6. Accrual of Commission(s)
Affiliate Commissions will accrue and become eligible for payout only
6.1. Provide all relevant tax and address documentation pursuant to Clause 7.
6.2. A minimum threshold of Rs. 3000 based on the commission rates stated on our website, solely applied for Qualified Purchases only (refer Clause 5).
CLAUSE 7. Commission Payments
In good faith and subject to the acceptable use of the terms of Agreements and the Accrual of Commissions (see Clause 6 above), the Commission Fees will be calculated according to the specific percentage as stated in our website for each Qualified Purchases (see Clause 5 above) only.
7.1. All Commission Fees will be processed after Thirty (30) Days (proposed money back guaranteed) and will be paid approximately after Forty-Five (45) Days from the end day of the refund period.
7.2. All Commission Fees will be transferred via Registered Bank Transfer through NEFT mode only. If you have any obligations, you may write to [email protected]
7.3. If you want to update or change your desired payment method, notify our team before the Forty-Five (45) Days and the payment will be done in the next cycle.
7.4. RajSoftech Hosting will deduct the charges as imposed by Banks from the Commission Fees. We are not responsible for paying any third-party fees charged by the payment gateway, and /or banks.
7.5. RajSoftech Hosting at its sole discretion, reserves the right to modify the available commission payment method at any time. Such changes will be posted here in this Agreement.
7.6. It is your responsibility to be tax compliant by submitting necessary tax and payment information at the time of payment.
CLAUSE 8. Modifications
We may, from time to time, at our sole discretion, may modify, add, or delete, any or all terms of this Agreement. All such modifications will be updated in this Agreement and will take effect immediately after posting on our website. Modifications may include but are not limited to, changes in the scope of Affiliate Commission Fees, Percentage, Payment Procedures, Commission Fees Payment Schedules, and Affiliate Program Rules. if any such modifications are unacceptable to you, your only recourse is to terminate this agreement and quit your Affiliate Program with us.
CLAUSE 9. Disclaimers
We make no express or implied warranties or representations with a request to the Affiliate Program or any Raj Softech Solutions Products and Services sold through the Affiliate Program (including, without limitation, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). In addition, we make no representation that the operation of our website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors, including the tracking of information concerning Referred Customers during any period of interruption.
CLAUSE 10. Relationship of Parties
You and RajSoftech Hosting are independent contractors, and nothing beyond that in this Agreement will create any Partnership, Joint Venture, Agency, Franchise, Employee Relationship, Marketing Executive, or Sales Representative. You should not authorize or accept any offers on our behalf.
CLAUSE 11. Representation and Warranties
You hereby read, reviewed, and understand this Agreement and agree to be bound by its terms. You agree that you are at least eighteen (18) years of age. Each Referred Customer is genuine, Real, and Unique meets our criteria of a Qualified Purchase for generating a Commission Fee as provided in this Agreement.
CLAUSE 12. Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
CLAUSE 13. Indemnification
You hereby agree to indemnify and hold harmless RAJSOFTECH HOSTING and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or another proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (III) any claim related to your Affiliate Site, including, without limitations, its development, operation, maintenance and content therein not attributable to us.