THE AGREEMENT: This Affiliate Agreement (starting now called the “Agreement”) is provided by the following organization, from now on referred to as “Company”: Fusion Practices Technologies Private Limited. Our website is www.apps2fusion.com. The Agreement is a legal document between you and the Company that describes the affiliate relationship we are entering. This Agreement covers your responsibilities as an affiliate and our duties to you. Please ensure you read and understand the entirety of this document and have a lawyer’s assistance if you desire because each of the terms of this Agreement is important to our working relationship.
The parties referred to in this Agreement shall be defined as follows:
a) Company, us, we: As we describe above, we will be referred to as the Company. Us, we, ours, and other first-person pronouns will also refer to the Company and all employees or legal agents of the Company.
b) You, the Affiliate: You will be referred to as the “Affiliate.” Throughout this Agreement, you will also be referred to with second-person pronouns such as You, Your, or Yours.
c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as “Parties” or individually as “Party.”
d) Affiliate Program: The program we have set up for our affiliates as described in this Agreement.
e) Affiliate Application: The fully completed form must be provided to us to consider your inclusion in the Affiliate Program.
f) Website: The primary Website we have noted above will be referred to as a website.
2) ASSENT & ACCEPTANCE
By applying to our Affiliate Program, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you disagree to be bound by this Agreement, please leave the Website immediately and not apply to our Affiliate Program. This Agreement expressly incorporates by reference any Terms of Conditions, Privacy Policies, End-User License Agreements, or other legal documents which we may have on our website.
3) AGE RESTRICTION
You must be at least 17 (seventeen) years of age to use this Website. By applying to our Affiliate Program, you represent and warrant that you are at least 17 years of age. The Company assumes no responsibility or liability for any misrepresentation of your age.
4) PROGRAM SIGN-UP
To sign up for our Affiliate Program, you will first be asked to submit an Affiliate Application to join. The Affiliate Application may be found at the following website: https://apps2fusion.com/affiliate-program/.
Submitting an Affiliate Application does not guarantee inclusion in the Affiliate Program. We evaluate each application and are the sole and exclusive decision-makers on Affiliate acceptance. If we choose not to allow your inclusion in the Affiliate Program, we will notify you reasonably. If you do not hear from us within a reasonable period, please consider your application rejected. We are not obligated to provide you with an explanation for your rejection. However, please be advised that we may reject applicants for any reason or manner, including but not limited to a website or social media page which violates our Acceptable Use Policy.
If your Affiliate Application is rejected, you may not reapply. If your Affiliate Application is accepted, each of the terms and conditions in this Agreement applies to your participation. We may also ask for additional information to complete your Affiliate Application or for you to undertake other steps to ensure eligibility in the Affiliate Program.
This Agreement does not create an exclusive relationship between you and us. You are free to work with similar affiliate program providers in any category. This Agreement imposes no restrictions on us working with any individual or Company we may choose.
6) AFFILIATE PROGRAM
After your acceptance in the Affiliate Program, you must ensure your account is set up thoroughly, including specific payout information and location (such as a bank or online account, which we may use to post payment).
Please be advised that below is a general description of the Affiliate Program. Everything contained in this subsection is subject to the specific terms and conditions throughout the rest of this Agreement.
We will provide you with a specific link that corresponds to certain products we are offering for sale (collectively, the “Link”). The Link will be keyed to your identity and send online users to the Company’s Website or websites. You hereby agree to fully cooperate with us regarding the Link and that you will explicitly always comply with all the terms of this Agreement for the promotion of the Link. We may modify the specific Link or links and notify you if we do so. You agree only to use links that are prior approved by us and to display the Link prominently on your website or social media page, as described in your Affiliate Application (collectively, the “Affiliate Site”).
Each time a user clicks through the Link posted on the Affiliate Site and completes the sale of the product or service; we determine it is a Qualified Purchase. As described below, you will be eligible to receive the following percentage of the sale: 15% (fifteen percent).
7) SPECIFIC TERMS APPLICABLE
We will determine whether the payout is permissible in our sole and exclusive discretion. We reserve the right to reject clicks and sales that do not comply with the terms of this Agreement.
Processing and fulfilling orders will be our responsibility. We will also provide real-time data regarding your account through the portal on which you log into the Website.
As described above, to be eligible for payout, user purchases must be “Qualified Purchases.” Qualified Purchases:
a) Must not be referred to by any other partner or affiliate links of the Company (in other words, Qualified Purchases are only available through your specific Affiliate Link.
b) May not be purchased by an already-existing partner or Affiliate of the Company.
c) May not be purchased before the Affiliate joins the Affiliate Program.
d) May only be purchased through a properly-tracking Affiliate Link.
e) May not be purchased by a customer in violation of any of our legal terms or Acceptable Use Policy.
f) May not be fraudulent in any way, in the Company’s sole and exclusive discretion.
g) The customer may not have been induced by the Affiliate offering them any coupons or discounts.
8) PAYOUT INFORMATION
Payouts will only be available when the Company has your current address information and accounting and tax documentation. You will be asked to submit a PAN number, Aadhar number and ITR or W8/W9 (US) tax form. Accounting information may include the routing and account number of a bank where you wish to post a direct deposit or may consist of an email address for an online method of payment.
Currently, the Company employs the following methods of payout: PayPal
For any changes to your address or accounting information, you must notify us immediately, and we will endeavor to make the changes to your payout information as soon as possible.
Payouts will be available at the end of the month or period after they accrue. For example, suppose payouts are made every 30 days (about four and a half weeks). In that case, an entire 30-day period must finish for the payout of that period to be available in the following period. (Net 7 terms)
We explicitly reserve the right to change payout information at our sole and exclusive discretion. If we do so, you will be notified.
Payouts are also subject to the following restrictions:
- Payouts are only available when a threshold of the following amount is met: $150 (one hundred fifty USD)
- We process commission payouts once a month or for 30 days (about four and a half weeks).
For any disputes as to payout, the Company must be notified within thirty days of your receipt of the payout. We will review each dispute notification and the underlying payout transaction to which it is related. Disputes filed after thirty days of payout will not be addressed.
You may log into your account with us to review reports related to your affiliation, such as payout reports and Qualified Click and Purchase information. However, please be advised that not all listed qualifying clicks and purchases have been fully reviewed for accuracy in the descriptions viewable by you in real-time and, therefore, may be subject to change before payout.
10) TERM, TERMINATION & SUSPENSION
The term of this Agreement will begin when we accept you into the Affiliate Program. Either party can terminate it at any time with or without cause.
You may only earn payouts if you are an Affiliate in good standing during the term. If you terminate this Agreement with us, you will qualify to receive payouts made before the termination date.
If you fail to follow the terms of this Agreement or any other legal words we have posted anywhere on our website or websites, you forfeit all rights, including the right to any unclaimed payout.
We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.
At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
11) INTELLECTUAL PROPERTY
You agree that the intellectual property owned by the Company includes all copyrights, trademarks, trade secrets, patents, and other intellectual property belonging to the Company (“Company IP”).
Subject to the limitations listed below, we hereby grant you a non-exclusive, non-transferable, revocable license to access our websites in conjunction with the Affiliate Program and use the Company IP solely and exclusively in conjunction with identifying our Company and brand on the Affiliate Site to send customers to the Affiliate links we provide. You may not modify the Company IP in any way, and you are only permitted to use the Company IP if you are an Affiliate in good standing with us.
We may revoke this license at any time, and if we find that you are using the Company IP in any manner not contemplated by this Agreement, we reserve the right to terminate this Agreement.
Other than as provided herein, you are not permitted to use any of the Company IP or any confusingly similar variation of the Company IP without our express prior written permission. This includes a restriction on using the Company IP in any domain or website name, in any keywords or advertising, in any metatags or code, or in any way that is likely to cause consumer confusion.
Please be advised that your unauthorized use of any Company IP shall constitute unlawful infringement, and we reserve all our rights, including the right to pursue an infringement suit against you in federal court. You may be obligated to pay monetary damages or legal fees and costs.
As a result of this, you provide us with a non-exclusive license to use your name, trademarks, service marks if applicable, and other business intellectual property to advertise our Affiliate Program.
12) MODIFICATION & VARIATION
From time to time and at any time, the Company may modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and immediately upon posting on the Website. Changes or variations will replace any prior version of this Agreement unless previous versions are specifically referred to or incorporated into the latest modification or interpretation of this Agreement. If we update or replace the terms of this Agreement, we will let you know via electronic means, which may include an email. If you do not agree to the update or replacement, you can terminate this Agreement as described below.
a) To the extent any part or subpart of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be fully considered enforceable and valid.
b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement.
13) RELATIONSHIP OF THE PARTIES
Nothing contained within this Agreement shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship. You are an independent contractor of the Company and will always remain so.
14) ACCEPTABLE USE
You agree not to use the Affiliate Program or our Company for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Affiliate Program in any way that could damage our websites, products, services, or the Company’s general business.
a) You further agree not to use the Affiliate Program:
I) To harass, abuse, or threaten others or otherwise violate any person’s legal rights.
II) To violate any intellectual property rights of the Company or any third party.
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
IV) To perpetrate any fraud.
V) To engage in or create unlawful gambling, sweepstakes, or pyramid schemes.
VI) To publish or distribute any obscene or defamatory material.
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group.
VIII) To unlawfully gather information about others.
15) AFFILIATE OBLIGATIONS & FTC COMPLIANCE
You are responsible for ensuring operation and maintenance of the Affiliate Site, including technical operations, written claims, links, and accuracy of materials. You must provide, as noted above, that the Affiliate Site does not infringe upon the intellectual property rights of any third party or otherwise violate any legal rights.
We may monitor your account, as well as clicks and purchases coming through your account. If we determine you are not in compliance with any of the terms of this Agreement, we have the right to terminate your participation in the Affiliate Program immediately.
We require all our Affiliates to comply with all applicable statutes, regulations, and guidelines set by the government, through the Department of Consumer Affairs, Competition Commission of India, and National Company Law Appellate Tribunal / Federal Trade Commission (US), as well as state and local governments as mandated. (The Federal Trade Commission requires that affiliate relationships, such as the relationship between you and the Company, be disclosed to consumers.)
We recommend that you seek independent legal counsel to advise you of our obligations to disclose in this manner.
You are required to post a conspicuous notice on your Website regarding the Affiliate Program. The statement does not have to contain precise words like the example given below, but should be similar:
We engage in affiliate marketing whereby we receive funds through clicks to our affiliate program through this Website, or we receive funds through the sale of goods or services on or through this Website. We may also accept advertising and sponsorship from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising and any other legal requirements that may apply.
We also require you to comply with all applicable data privacy and security laws and regulations, including all of those which may impact your country of residence or your visitors. Such rules include, but are not limited to, any applicable laws in the India or United States or the General Data Protection Regulation of the European Union. We also require that you implement adequate organizational and technical measures to ensure an appropriate level of security for the data that you process. Further, as a result of this, you agree to comply with any requests we may make to you regarding compliance with the General Data Protection Regulation or requests you may receive from data subjects.
If we find you are not in compliance with any of the requirements of this subpart, we may terminate our relationship with you at our sole and exclusive discretion.
16) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer or attempt to reverse engineer or disassemble any code or software from or on any of our websites or services.
b) Violate any of our websites or services’ security through unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user, or network.
17) DATA LOSS
The Company does not accept responsibility for your account or content security. You agree that your participation in the Affiliate Program is at your own risk.
You agree to defend and indemnify the Company and any of its agents (if applicable) and hold us harmless against all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Affiliate Program, your breach of this Agreement, or your conduct or actions. You agree that the Company shall select its legal counsel and may participate in its defense if it wishes.
19) SPAM POLICY
You are prohibited from using the Affiliate Program for illegal spam activities, including gathering email addresses and personal information from others, or sending any mass commercial emails.
20) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties concerning the Affiliate Program. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
21) SERVICE INTERRUPTIONS
The Company may need to interrupt your access to the Affiliate Program to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access may be affected by unanticipated or unscheduled downtime for any reason but that the Company shall have no liability for any damage or loss caused because of such downtime.
22) NO WARRANTIES
You agree that your use of the Affiliate Program is at your sole and exclusive risk and that any services provided by us are on an “As Is” basis. The Company now expressly denies all express or implied warranties of any kind, including, but not limited to, the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Affiliate Program will meet your needs or that it will be uninterrupted, error-free, or secure. The Company also makes no warranties for the reliability or accuracy of any information. You agree that any damage that may occur to you, through your computer system or because of your data loss from your use of the Affiliate Program is your sole responsibility. The Company is not liable for any such damage or loss.
23) LIMITATION ON LIABILITY
The Company is not liable for any damage that may occur to you because you participated in the Affiliate Program to the fullest extent permitted by law. The Company’s maximum liability arising from or relating to this Agreement is limited to one hundred ($100) US Dollars. This section applies to all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
24) GENERAL PROVISIONS:
A) LANGUAGE: All communications made, or notices given under this Agreement shall be in the English language.
B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Affiliate Program, you agree that India shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, except for its conflict of law provisions. In case any litigation expressly permitted under this Agreement is initiated, the Parties agree to submit to the personal authority of the state and federal courts of the following county: India, Indian. The Parties agree that this choice of law, venue, and authority provision is not permissive but mandatory in nature. As a result, you waive the right to any venue objection, including assertion of the doctrine of forum non-convenient or similar doctrine.
C) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: India. A single arbitrator shall conduct the arbitration, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, punitive award damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of India. Each Party shall pay their costs and fees. Claims necessitating arbitration under this section include, but are not limited to contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes, or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. In Agreement with this subpart of this Agreement, the Parties waive any rights they may have to a trial regarding arbitral claims.
D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
E) SEVERABILITY: If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and subparts will be enforced to the maximum extent possible. The remainder of this Agreement shall continue in full force in such conditions.
F) NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or subpart of this Agreement will not constitute a waiver of any other part or subpart.
G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under this Agreement are for convenience and organization only. Headings shall not affect the meaning of any provisions of this Agreement.
H) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, actions of civil authorities, acts of military officers, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
I) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including email or fax.
For any questions or concerns, please email us at the following address: email@example.com.