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Sep 08, 2008
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Affiliation |
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| Agreement
This
agreement describes the entire terms and conditions for participation
in Layout Galaxy Affiliation Program. In this agreement, the term "Participant"
refers to you (the applicant), and "sponsoring website" refers
to the website from which you will link to Layout Galaxy. Wherever the
agreement refers to "you" or "your", it means "the
Participant"; "we" or "our" refer to Image Online Pvt. Ltd.
and the terms "product" or "products" refer to Layout
Galaxy.
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You
can add or remove links at any time:
You may add as many links to Layout Galaxy, or remove such links, at anytime
and without prior approval from Image Online Pvt. Ltd.. |
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Referral
Fee Qualifying Products :
Layout Galaxy sold by Image Online Pvt. Ltd. originating from a special link or
links at your sponsoring website qualify to earn you referral fees.
The following products will be considered "qualifying products":
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Products
that meet the following criteria:
Products sold to customers who follow a special link from your sponsoring
website to our site and submit that order by using Layout Galaxy order forms. |
The
following products will not be considered qualifying courses for referral
fees:
Products sold through any other special link to our site other than the
specific URL's that you are assigned to your sponsoring website. |
Referral
Fee Amount:
The purchase price of referral fee qualifying products will count toward
the total sales during the calendar month in which such products are sold.
Only qualifying products that are sold by Image Online Pvt. Ltd. shipped/sent to a
customer and for which Image Online Pvt. Ltd. has received full payment will qualify
for a referral fee. |
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The
total of such sales in any given month will generate referral fees, based
upon the applicable flat rate referral fee, according to the following
schedule :
Layout
Galaxy: 12% referral fee for online orders. First Referral Fee will be
paid only after you reach 3 Sales.
For
example - You generated 3 sale first month & 3 sale next month, you
will receive first check for 6 sales @ 12% each.
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Referral
Fee Payment:
Image Online Pvt. Ltd. will send a referral fee check for the applicable
referral fee approximately 5 days after the 1st of each calendar month provided
3 Sales generated first time. Later Payment will be made approximate 5 days
after the 1st of each calendar month even if 1 Sale generated.
A statement of customer purchase activity to the Participant will be sent
each quarter of the calendar year.
Returns and Cancellations: If a referral fee qualifying Layout Galaxy is
later returned by the customer, its referral fee will be deducted from the
next monthly payment sent to the Participant. If there is no next monthly
payment, the Participant will be billed. |
Order
Processing:
Image Online Pvt. Ltd. will be solely responsible for processing every
order placed by a customer following a special link from your sponsoring
website. Order entry will use Image Online Pvt. Ltd. secure online ordering process,
Image Online Pvt. Ltd. phone line, or Image Online Pvt. Ltd. mailing address. Order forms, payment
processing, shipping, cancellations, returns, and related customer services
are the responsibility of Image Online Pvt. Ltd..
All of the rules, operating procedures and policies of Image Online Pvt. Ltd. regarding
customer orders and accounts will apply to orders we receive through special
links on your sponsoring website. Image Online Pvt. Ltd. reserves the right to reject
any order that does not comply with our rules, operating procedures and
policies. |
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Tracking
of Sales:
Image Online Pvt. Ltd. will be solely responsible for tracking sales we make to
customers who follow special links from the sponsoring website. The Participant
will be solely responsible for ensuring that these special links are formatted
properly, a necessary prerequisite to tracking such sales. Statements
of Layout Galaxy sales activity will be provided to the Participant in
real-time with a special URL that they are assigned.
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Promotional
Techniques:
You are free to promote the link to Layout Galaxy in all the
ways we recommend in the introduction email letter you receive by email
immediately after you sign up. Examples of acceptable ways to promote Layout
Galaxy are through banners, text links, letters of recommendation to newsletter
subscribers or your client base. However, if you use SPAM (in any way, shape
or form, including email and newsgroup spamming), or offer Layout Galaxy
on any WAREZ, CRACK, or SPAM oriented site, your account will be immediately
terminated! Any referral fees not paid up to the point of termination will
not be paid to you and will be property of Image Online Pvt. Ltd.. |
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References/Testimonials:
You agree to cooperate with Image Online Pvt. Ltd. in the development of joint press
releases and testimonials. You further agree that you will allow us to
use your company name in marketing collateral and make reference to you
on our website.
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Copyrighted
material:
As the Participant, you are solely responsible for ensuring that your
reviews, Layout Galaxy descriptions and articles (if applicable at your
site) obey all applicable copyright and other laws. You must have express
permission to use another party's copyrighted material. Image Online Pvt. Ltd. will
not be responsible if you use another party's copyrighted material in
violation of the law.
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Image Online Pvt. Ltd. policy applies to all orders:
Every customer who buys a product through this program is
deemed to be a customer of Image Online Pvt. Ltd.. The Participant does not have
the authority to make or accept any offer on behalf of Image Online Pvt. Ltd.. All
Image Online Pvt. Ltd. policies regarding customer orders, including product availability,
pricing and problem resolution will apply to these customers. Image Online Pvt. Ltd.
is not responsible for any representations made by the Participant, which
contradict our policies.
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Product
prices and availability:
The price charged for every product sold under this program will be determined
by Image Online Pvt. Ltd. according to our own pricing policies. In case of any
price discrepancies, the price charged to the customer will always be
the price listed on Layout Galaxy webpage linked from your sponsoring
website.
Product availability can change, and Image Online Pvt. Ltd. will present the best
information available to all sponsoring sites and its clients regarding
product availability.
Website service interruption: Image Online Pvt. Ltd. will make every effort to keep
its website operational. However, certain technical difficulties may,
from time to time, result in temporary service interruptions. The Participant
agrees not to hold Image Online Pvt. Ltd. liable for any of the consequences of
such interruptions.
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Trademarks,
Trade Names, & Patents:
You hereby recognize our right of ownership of all Trademarks, Trade Names,
and Patents associated with these services. You will act consistently
with these rights and act to preserve them in the course of marketing
and sales of these services. We grant you the right to our Trademarks
and Trade Names in connection with marketing and sales of these services
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Term
of the Agreement:
The Participant may receive referral fee payments on qualifying orders
that are placed during the term of this agreement. This term will begin
on the date that your application is approved by Image Online Pvt. Ltd., and shall
end when canceled by either party as provided below.
Referral Fees earned through the date of expiration or cancellation of
this agreement will remain payable only if the products are not returned
or canceled from their orders. Payment of the final referral fee payment
to the Participant may be withheld for a reasonable time in order to ensure
that the correct amount is paid.
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The
agreement may be modified:
Image Online Pvt. Ltd. reserves the right to change any of the terms and conditions
in this agreement, at any time and in its sole discretion, by posting
a new agreement on our website.
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Cancellation
of this agreement:
Either Image Online Pvt. Ltd. or the Participant, acting in their sole discretion,
may choose to cancel this agreement at any time by written notice of cancellation
to the other.
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Warranty
Disclaimer:
Image Online Pvt. Ltd. makes no warranties, representations or conditions with regard
to the program or, except as expressly set forth in Image Online Pvt. Ltd.'s then
current product sales policies, any products sold thereunder, whether
express or implied, arising by law or otherwise, including without limitation
any implied warranty of merchantability or fitness for a particular purpose
or non-infringement or any implied warranty arising out of course of performance,
course of dealing or usage of trade.
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Limitation
of Damages:
Image Online Pvt. Ltd. shall have no liability for any indirect, incidental, special
or consequential damages or any loss of revenue or profits arising under
or with respect to this agreement or the program, even if Image Online Pvt. Ltd.
has been advised of the possibility of such damages. Further, Image Online Pvt. Ltd.'s
aggregate liability arising under or with respect to this agreement or
the program shall in no event exceed the total referral fees paid or payable
by Image Online Pvt. Ltd. to Participant under this agreement.
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Miscellaneous:
Participant and Image Online Pvt. Ltd. are independent contractors and nothing in
this agreement is intended to or will create any form of partnership,
joint venture, agency, franchise, sales representative or employment relationship
between the parties. Participant shall not assign this Agreement, by operation
of law or otherwise, without the prior written consent of Image Online Pvt. Ltd..
Subject to the foregoing restriction, this agreement is binding upon,
insures to the benefit of and is enforceable by the parties and their
respective successors and assigns.
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Governing
Law:
This agreement shall be governed by the laws of the India without reference
to its choice of law principles. |
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