DISHIS JEWELS AFFILIATE PROGRAM AGREEMENT
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Dishis Jewels Affiliate Program (the "Program"). As used in this Agreement, "we", "us", or "our" means Dishis Jewels Private Limited and "you" means the applicant. Dishis Jewels Site means, collectively, the Dishis Jewels.com website, the Dishis Jewels mobile website and the Dishis Jewels mobile application.
Any person or entity that participates or attempts to participate in our affiliate program must accept this Dishis Jewels Affiliate Program Agreement without change. By registering for Dishis Jewels affiliate program, you agree to this Agreement. Please read the Agreement carefully.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- Registration for the Program
Participation in the Program is limited to parties that lawfully can enter into and form contracts under applicable law. For example, you have to be 18 years or above to register in this Program. To begin the registration, you will submit a complete submit your complete and accurate details via the Dishis Jewels website affiliate program registration link. We will evaluate your application in good faith and will notify you of its acceptance or rejection. We may reject your application if we determine (in our sole discretion) you are misusing the Program. Program misuse includes, but is not limited to, those /who do that:
- Advertise affiliate links as a cashback offer.
- Advertise misleading/wrong offers/deals running on dishisjewels.com
- Use affiliate links on illegal audio/video download sites
- Promote pornography and sexually explicit materials
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Promote illegal activities.
- Include any trademark of dishisjewels.com or any variation or misspelling of any trademark of dishisjewels.com.com, in any domain name.
- Include any trademark of dishisjewels.com in any username, group name, or another identifier on any social networking website.
- If there is any colour combination or layout similar or identical to Dishis Jewels.com, with the intention to deceive
- Use links or URLs which are not published by the dishis or by Dishis Jewels Affiliate Program.
- Add products directly to the customer's cart using scripts or any tools.
- Are owned by or is principally maintained/operated by current employees of Dishis Jewels.
- Otherwise violate intellectual property rights.
If we determine that you have not complied with any requirement or restriction provided in the Program or any other applicable policies or that you have otherwise violated this Agreement, we may (in addition to any other rights or remedies available to us) withhold any fees payable to you under this Agreement, terminate this Agreement, or both. In addition, you hereby consent to us monitoring, recording, using, and disclosing information about your affiliate link usage and visitors to an affiliate link that we obtain in connection with your display of special links, and monitoring, crawling and otherwise investigating affiliate links used to verify compliance with this Agreement and Program.
- Self-Orders / Bulk Orders
Dishis Jewels offers you that you can also purchase products during sessions initiated through the links for your own use, for resale or commercial use of any kind. This includes orders for customers or on behalf of customers or orders for products to be used by you or your friends, relatives, or associates in any manner. If you are found in violation of these policies, then Dishis Jewels has the right to terminate your registration, as well as revoke all payments linked to your account, unless you can show that the purchases were genuine.
- Special Affiliate Link
Subject to successful registration to the Dishis Jewels Affiliate program and this Agreement, we will grant you link (Special Affiliate Link”) that you can share on various Social Media platforms like Whatsapp, Facebook, Twitter, Instagram, Sharechat, Blogs, etc. or any other platform of your choice solely for purposes of facilitating referrals to the Dishis Jewels Site. Any purchases made through this Special Affiliate Link will make you eligible for referral fees as mentioned in this Agreement.
- Order Processing
We will process Product orders placed by customers through Special Affiliate Links to the Dishis Jewels Site. We reserve the right to reject/disapprove orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service. We will track sales made to customers who purchase Products by using Special Affiliate Links and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time at our discretion.
- Referral Fees
Every purchase made by customers through your Special Affiliate link will earn you up to 15% commission on the total purchase amount less the delivery charges. Referral fees are depending upon the product purchase by the customer which is as follow:-
- Gold jewelry - 05%
- Diamond Jewelry - 10%
- Costume Jewelry - 15%
It is clarified that if a customer’s click-through a Special Affiliate Link to the Dishis Jewels Site and leave Dishis Jewels Site without any purchase up to 30 days and later on visits directly the Dishis Jewels Site ( i.e without visiting through affiliate link) and makes purchases them this purchase will not be eligible for referral fees.
Referred fees will not be payable for the Products purchased through Special Affiliate Link only if the related orders are cancelled or returned.
In addition, we will not pay referral fees for any purchases made by customers referred through a Prohibited Paid Search Ad or Special Links (to the Dishis Jewels Site) that is generated or displayed in response to general Internet search queries or keywords. "Prohibited Paid Search Ad" means an advertisement that you purchased through bidding on keywords, search terms, or other identifiers (including Proprietary Terms) or other participation in keyword auctions. "Proprietary Term" means keywords, search terms, or other identifiers that include the word " Dishis Jewels," or any other trademark of Dishis Jewels, or variations or misspellings of any of those words (e.g., "dishis kart," "dishiscart," etc).
- Referral Fee Payment
We will pay you referral fees on a bi-weekly basis for Products purchased shipped in the applicable 15days.
Payment of referral fess is made for the delivered orders, which are not cancelled or returned by the customer subsequently.
Payment will be released to the affiliate partner after successful completion of the cancellation period of the product of 30 days. Provided that If you select payment via cheque, we will accrue and withhold referral fees until the total amount due is at least INR 5,000 (subject to all the necessary documents having been submitted by the affiliate to Dishis Jewels for processing payments through NEFT)
Documents required for NEFT payments are as follows:
- Scanned Copy of cancelled cheque (same Bank details as mentioned in the Affiliate Account). In case you do not have a cheque, you can send us the scanned copy of the first page of your passbook or online Bank statement. However, the IFSC code and the Bank account number should be clearly mentioned on it.
- Scanned Copy of your/ company PAN card (same name with which you have registered for the Affiliate Account)\
Also, if you have registered as an 'Organisation' in the affiliate account, the following 2 additional documents are required:
- Scanned Copy of your Incorporation Certificate (same company name with which you have registered for the Affiliate Account)
- Scanned Copy of your GST Certificate (same company name with which you have registered for the Affiliate Account)
Please ensure that all details match with the details mentioned in your Affiliate Account.
Please note that the referral fees will be processed as per the payment mode/details mentioned by you in your affiliate account.
The referral fee payable to you is inclusive of all taxes including goods service tax or other tax or levy that you may be required to remit in connection with such services.
If required by applicable Indian tax law, we may deduct or withhold income taxes from the referral fees payable to you. If you are an Indian resident, your referral fees payable to you will be subjected to income tax (5% TDS as per section 194(H) of Income Tax Act) provided documents are uploaded as per the payment mode opted. In case if there are no documents, referral fees would be subject to a 20% income tax (TDS) withholding. If you are not an Indian resident or have not provided us with your PAN (Permanent Account Number), the rate of income tax withholding applicable to you will vary and income tax would be withheld from the referral fees accrued to you based on documents submitted by you which are required as per the provisions of Income Tax of India. If we deduct or withhold income taxes from referral fees payable to you, we will issue to you the relevant withholding tax certificate evidencing the deposit of the taxes with the relevant regulatory authorities.
- Policies and Pricing
Customers who buy products through this Dishis Jewels Affiliate Program will be deemed to be our customers. Accordingly, all our rules, policies and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, your site may only show prices when we serve the link in which those prices are displayed. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
- Compliance with Laws
As a condition to your participation in the Dishis Jewels Affiliate Program, you agree that while you are a Dishis Jewels Affiliate Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Dishis Jewels Affiliate Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Dishis Jewels Affiliate Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email and all other anti-spam laws.
- Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Dishis Jewels Affiliate Program registration and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the Dishis Jewels Site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Dishis Jewels Affiliate Program. You are eligible to earn referral fees only on sales of products that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Effect of Termination: Upon termination of this Agreement by either side you will cease to be an affiliate and shall remove all links to the Dishis Jewels site and non-removal of links and use of all or any of our trademark, trade dress, logos and price are treated as illegal crawling and infringement of our Trademark.
We may modify any of the terms and conditions contained in this Agreement, without prior notice at any time and in our sole discretion, by posting a change notice or a new agreement on the Dishis Jewels Site. Modifications may include, for example, changes in the scope of available referral fees, referral fee payment time, payment procedures, and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the Program following our posting of a change notice or new agreement on the Dishis Jewels Site will constitute binding acceptance of the change.
- Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this clause.
- Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Dishis Jewels 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 Dishis Jewels Affiliate Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Dishis Jewels Affiliate Program or any products sold through the Dishis Jewels Affiliate Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Dishis Jewels Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
- Independent Investigation
You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate websites that are similar to or compete with your website. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
Any dispute relating in any way to the Program or this Agreement will be adjudicated in courts in Bangalore (Karnataka) and you hereby consent to exclusive jurisdiction and venue in those courts. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.
This Agreement will be governed by the laws of the Indian Republic, without reference to rules governing the choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.