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This Agreement contains the complete terms and conditions that apply to your participation as a member of the Dressify.in Affiliate Program.
To begin the enrollment process, you will submit a completed Program Application through our website. Your account will be instantly active in our program after approval. We will evaluate your account in good faith to ensure you comply with all our rules and agreements. We may reject your account if we determine in our sole discretion that your site is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is:
1) Unlawful, defamatory, pornographic, obscene, harassing or otherwise objectionable.
2) Facilitates illegal activity or promote violence or
3) Promote or assist others in promoting copyright infringement, or violate intellectual property rights
4) include any trademark of Dressify or its affiliates, or a variant or misspelling of a trademark of Dressify or its affiliates, in any domain name, subdomain name, or in any username, group name, or other identifier on any social networking site, or,
5) If your site is or promotes a Pyramid scheme, MLM(multi-level-marketing) or similar looking business-opportunity program (collectively, "Content Restrictions").
If we reject your application, you can reapply at any time after amending the reason for non-approval. However, if we accept your application and we later determine that your site is unsuitable, we may terminate this Operating Agreement at any time in our sole discretion.
As an affiliate website of Dressify, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the "Links"). Allowable promotional links may contain Dressify's trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by Dressify. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links.
Designer and Affiliate accounts
As an affiliate you may not be seller/designer on the Dressify.in website and vice-versa. Please note that we consider several criteria[including but not limited to email address, IP address match] while ascertaining eligibility for affiliate accounts which we may not disclose to an outside party. Any accounts found operating as both designer and affiliate accounts will be terminated and their earnings forfeited.
Processing of Orders
We will process orders for products placed by customers who have placed the orders using referral links provided such orders comply with standard Terms and Conditions on Dressify site which may be updated from time to time. All such qualifying purchases will be tracked for affiliate commission purposes.
Commission payout rate is 12%. Dressify will charge a 15% processing fee on all affiliate transactions.
Example: If you send us 50 customers in any month, and they purchase items worth Rs.100,000/- your earnings stand at 12% = Rs.12,000. Dressify processing fee in this scenario would be Rs.1800(15% of Rs.12,000), and your net earnings would be Rs.10,200 (Rs.12,000 - Rs. 1800).
Incentivized commissions, and offering any form of incentive to obtain a sale is forbidden, unless prior approval is given and cleared by Dressify. To inquire on whether your incentive is acceptable, please e-mail care [@] Dressify [dot] in
The Commission Rate is subject to change from time to time, upon e-mail notice to you and commencing the 30-days following such notice.
Commission Payment Terms
We will pay you commission on all purchases referred through your affiliate link, when:
a) A customer clicks your affiliate link on your site to Dressify site.
b) Customer purchases the product within 48 hours following the initial click through mentioned in pt. A.
c) The product is shipped, and paid to by the customer.
Such purchases exclude, and are not liable for payment of affiliate commission on any of the following:
1. Customer purchases the product more than 48 hours after the initial click through.
2. Any product purchase which is not properly tracked due to links from your site to Dressify are not properly formatted.
3. Purchase through affiliate links of products for yourself, family, relatives, or orders placed by you for someone else.
4. Products purchased for resale or commercial use.
5. Products which are undelivered, cancelled, or returned.
6. Purchases in violation of Paid search policy. (See Paid Search policy section)
Commissions deemed due and owed to you under the program will be paid to you directly by Dressify.in after a holding period of 30 days and in accordance with a regular payout cycle established by Dressify.in. No commission will be paid for purchases by you, your household, or anyone within your organization. Dressify reserves the right to only pay for referrals that are tracked. "Tracked" is defined by clients coming to Dressify.in using an affiliate URL. Commissions can be earned per each new sale referred through the unique affiliate link.
All payments happen through NEFT/RTGS bank transfers. No cheques are issued.
You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law.
Dressify expressly requires you to disclose that there is a "material connection" between you and Dressify any time you offer an endorsement or testimonial on our services. Such disclosure should be clear and prominent, meaning close to the endorsement or testimonial.
Please note: You should obtain legal advice on how to fully comply with these responsibilities in your specific situation.
In addition to the foregoing, we will immediately TERMINATE your participation in the program if we believe you have engaged in any of the following:
- Unsolicited mass e-mail solicitations, IRC postings or any other form of spamming, including but not limited to, newsgroups customers or otherwise violate the anti-spamming policies of Dressify or national law;
- Provide inaccurate or incomplete information to Dressify concerning your identity, address or other required information;
- Attempt to cheat, defraud or mislead us in any way;
- Distribution of material or content through your website which is obscene, racial, pornographic, unlawful, defamatory in nature; or your site is found illegally distributing copyrighted content such as - but not limited to - music, video, software through torrents or direct links to such illegal content on your website.
- Any MLM, pyramid scheme or any similar "member make member & earn" scheme is operational on your website.
- Misrepresent to the public the terms and conditions of our sites or your sites;
- Engage in popup advertisement network activities;
- IFrames may not be used unless given express permission by Dressify, sales made through hidden IFrames or Cookie Stuffing methods will be considered invalid.
You are required to comply with the following rules when bidding on keywords on any paid search engines or social media site, including without limitation, Google, Yahoo/Bing, Twitter and Facebook:
You are prohibited from bidding on any Dressify trademarks, or any variations and misspellings thereof without Dressify's prior written approval. Examples of prohibited keywords are "Dressify," "Dressify," "Dressify.com," "www.Dressify.in," "Dressify reviews".
You are prohibited from bidding on keywords containing Dressify trademarks plus an additional term such as [Dressify coupons], [Dressify promotions], and [Dressify promos] Further, Affiliates are NOT permitted to broad or phrase match any of these keywords.
You are prohibited from outranking Dressify's internal paid search ad on any keywords.
You are prohibited from direct linking to Dressify.in from any paid search ads.
You are prohibited from using Dressify.in as a display URL.
All materials, including without limitation, ad copy, coupons, and promotions on your Affiliate Site must accurately represent active and valid promotions. For example, you may not display an ad on your Affiliate Site for a promotion that has expired. We continue to monitor all paid search landscapes. If you are determined to be in violation of this section your participation in the program may be terminated. For more information on match types, please visit Google's overview of match types.
The term of this Agreement will begin upon our acceptance of your Affiliate Program Application 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 notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
You and Dressify 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 Section. You are not an agent of the Dressify and Dressify expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
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 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.
We make no express or implied warranties or representations with respect to the Affiliate Program or any COMPANY services or other items sold through the 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 our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide Dressify with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.
We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, website, business and financial information relating to Dressify, customer and vendor lists relating to Dressify and any members of the Affiliate Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information.
You hereby agree to indemnify, defend and hold harmless Dressify, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.
Terminated accounts cannot later apply to the Program without our express written consent. Dressify reserves the right to institute a reserve fund holding commissions for a time period deemed necessary in situations where sales generated by an affiliate consistently have a high chargeback/cancellation ratio. Dressify will be the sole and final arbitrator for any and all disputes or claims related to the validity of sales. In order to facilitate accurate record-keeping, multiple Dressify affiliate accounts spanning multiple affiliate networks are strictly prohibited. If you have an account with the Dressify.in in-house affiliate program and also open a Dressify affiliate account with another network such as Commission Junction, both affiliate accounts will be terminated and all commissions will be forfeited. 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 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.
By participating in this affiliate program, you agree to binding arbitration for any disputes or claims that arise against Dressify or its subsidiaries in conjunction with this program. An arbitration firm selected by Dressify will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.