smartsleep partner program terms and conditions and data protection

Partner Program Terms & Conditions & Privacy Policy

Updated: March, 2019

This Affiliate Program Operating Agreement (“Operating Agreement”) contains the terms and conditions that govern your participation in the Affiliate Program (the “Program”). “We”, “us” or “our” means GoAffPro.com and the partner website. “You” or “Your” means the applicant. A “Page” means a website. “Affiliate Site” means the e-commerce/retail partner that uses the goaffpro affiliate tracking software. “Your Website” means any website, software application and mobile application (as defined below) that you link to the Partner Site. “Advertising Fees” means commissions earned for a successful and verified sale of a product on the Affiliate Site by a customer using your referral link.

BY CHECKING THE BOX INDICATING THAT YOU AGREE TO THE TERMS OF THIS OPERATING AGREEMENT, OR BY CONTINUING PARTICIPATION IN THE PROGRAM AFTER WE POST A CHANGE NOTICE, REVISED OPERATING AGREEMENT OR REVISED OPERATIONAL DOCUMENTATION ON THE PARTNER SITE HAVE, YOU AGREE (A). TO BE BOUND BY THIS OPERATING AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATE THE APPROPRIATENESS OF PARTICIPATING IN THE PROGRAM AND WILL NOT RELY ON ANY REPRESENTATION, WARRANTY OR STATEMENT NOT EXPRESSLY SET FORTH IN THIS OPERATING AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LEGALLY ABLE TO ENTER INTO CONTRACTS (E. G, YOU ARE NOT A MINOR) AND THAT YOU WILL ABIDE AND ABIDE BY THIS OPERATING AGREEMENT. If this company agreement is signed by a company or another legal person, the person who agrees to this company agreement on the name of this company or this legal person ensures that they are authorized and legally able, this company or this legal person TO BE BOUND BY THIS OPERATING AGREEMENT.

1. Description of the program

The purpose of the Program is to provide you with the opportunity to promote products on your website and receive advertising fees OR commissions for qualifying purchases (defined in Section 7) made by your End Users. A “Product” is any item sold on the Partner Site, excluding products expressly defined herein as Excluded Products (collectively, “Excluded Products”). A product may also include certain services that are specifically listed in the affiliate program's commission overview. To facilitate your promotion of Products, we may provide you with data, images, text, link formats, widgets, links and other linking tools, and other information in connection with the Program ("Content"). The Content expressly excludes any data, images, text or other information or content relating to products offered on any website other than the partner website.

2. Registration

To begin the enrollment process, you must submit a complete and accurate program application. You must provide your website in your application. We will review your application and inform you of its acceptance or rejection. We may reject your request in our sole discretion, including if we determine that your location is unsuitable. Examples of unsuitable websites include:

(a) promote or contain sexually explicit material;

(b) promote violence or contain violent material;

(c) promotes or contains libelous or defamatory material;

(d) promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age or engage in discriminatory practices;

(e) promote or engage in illegal activities;

(f) any trademark of GoAffPro, its partner sites or its affiliates, or any variant or misspelling of a trademark of GoAffPro, its partner sites or its affiliates in a domain name, subdomain name or in a username, group name or other identifier a social networking website; or

(g) otherwise violate intellectual property rights.

If we reject your application, you can reapply at any time. However, if we accept your application and later determine that your website is unsuitable, we may terminate this Operating Agreement at any time in our sole discretion.

You will ensure that the information in your Program application and other information associated with your account, including your email address and other contact information and your website identification, is complete, accurate and current at all times. We may send notices (if applicable), approvals (if applicable) and other communications relating to the Program and this Operating Agreement to the email address then associated with your Program account. You will be deemed to have received all notices, authorizations and other communications sent to this email address, even if the email address associated with your account is no longer current.

3. Links on your website

After you have been notified that you have been accepted into the program, you can display special links on your website. “Special Links” means Affiliate Site links that you place on your Site in accordance with this Operating Agreement, that properly utilize the special “marked” link formats we provide, and that meet the Affiliate Program linking requirements.

You may earn advertising fees only as described in Section 7 and only with respect to activities on the Partner Site that occur directly through specific links. We will have no obligation to pay you any advertising fees if you fail to properly format the links on your website to the Partner Site as Special Links, including to the extent that such failure may result in a reduction in the advertising fee amounts payable to you would otherwise be paid in accordance with this operating agreement.

If you wish to include Special Links in a software application designed and intended for use on mobile phones, tablets or other handheld devices ("Mobile Application"), you must include the name of the Mobile Application and the link to your mobile application in your application for the program. The suitability and other requirements of this Section 3 and the Mobile Application Policy apply to mobile applications. We will evaluate your application and inform you if it is accepted or rejected. An Accepted Mobile Application is an “Approved Mobile Application” for purposes of this Agreement.

Special links displayed in Approved Mobile Applications may be provided via the Partner API or Affiliate API ("Partner API") or the Product Promotion API, including special links displayed in an integrated web browser , and must use the Partner ID that we have specifically assigned to you for your approved mobile applications.

4. Program Requirements

By participating in the Program, you agree to be bound by the Affiliate Program Terms and Conditions and all pages, schedules, policies, guidelines and other documents and materials referenced in this Operating Agreement (collectively, “Operational Documentation”) ), must be adhered to.

You will provide us with any information we request to verify your compliance with this Operating Agreement or the Operating Documentation. If we determine that you have failed to comply with any requirement or limitation set forth on the Partner Program Eligibility Requirements page or other operational documentation, or that you have otherwise violated this Operating Agreement, we may (in addition to any other provisions available to us rights or remedies available to you): (a) retain all advertising fees payable to you under this Operating Agreement; (b) close any other accounts you may have or may open in the future without paying any advertising fees; (c) terminate this Operating Agreement; or (d) take any of the above actions. In addition, you hereby agree that we:

- to send you emails from time to time regarding the Program;

- the monitoring, recording, use and disclosure of information about your website and your website visitors that we receive in connection with the display of special links (e.g. b that a particular customer clicked on a special link from your website before purchasing a product on the partner site), in accordance with the Privacy Notice; and

- Monitoring, crawling and otherwise examining your website to verify compliance with this Operating Agreement and the Operating Documentation.

5. Responsibility for your website

You are solely responsible for your website, including its development, operation and maintenance, and for all materials appearing on or within the website. For example, you are solely responsible for:

- the technical operation of your website and all related devices;

- the display of special links and content on your website in accordance with this Operating Agreement and the Operating Documentation and any agreements between you and any other person or entity (including any restrictions or requirements imposed on you by any person or entity, which hosts your website);

- the creation and publication and ensuring the accuracy, completeness and appropriateness of the materials published on your website (including all product descriptions and other product-related materials and any information you include in or link to specific links);

- use the Content, your website and the materials on or within your website in any way that violates our rights or the rights of any other person or entity (including copyrights, trademark rights, privacy rights, publicity rights or other intellectual property rights or Property rights) are not violated or misappropriated;

- use the Content, your website and the materials on or within your website in a manner that is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous or otherwise in any way;

- the accurate and appropriate disclosure on your website, either through a privacy policy or otherwise, how you collect, use, store and disclose the information collected from visitors, including, if applicable, that third parties (including us and others Advertisers) can provide content and advertising, collect information directly from visitors, and place or recognize cookies on visitors' browsers; and

- any use by you of the Content and the GoAffPro Marks, whether or not permitted under this Operating Agreement.

We assume no liability for these matters or for any claims by your end users relating to these matters, and you agree to defend us, our affiliates and licensors, and our and their respective employees, officers, directors and agents , indemnify and hold harmless from and against all claims, damages, losses, liabilities, costs and expenses (including attorneys' fees) relating to (a) your website or any materials appearing on your website, including the combination of your website or use these materials with any other application, content or process; (b) the use, development, design, manufacture, production, advertising, promotion or marketing of your Website or any materials appearing on or within your Website, and any other matter described in this Section 5; (c) your use of any Content, whether such use is authorized by or in violation of this Operating Agreement, any operating documentation or applicable law; (d) your violation of any terms of this Operating Agreement or any Operating Documentation; or (e) your negligence or the willful misconduct of your employees.

6. Processing the order

We process product orders placed by customers who follow special links from your website to the partner website. We reserve the right to refuse any order that does not comply with the requirements of the partner website, which may be updated from time to time. We will track Qualifying Purchases (defined in Section 7) for reporting and advertising fee purposes and will provide you with reports summarizing such Qualifying Purchases.

7. Advertising fees

We will pay you advertising fees for qualifying purchases in accordance with Section 8 and the Affiliate Program Commission Schedule. In the event that you have received an overpayment for any reason, we reserve the right to offset it against any subsequent advertising fees received by you under this Operating Agreement. Subject to the exceptions set forth below, a “Qualifying Purchase” occurs when (a) a customer clicks on the Partner Site via a specific link on your website; (b) the Customer adds a Product to their shopping cart during a single session and places the order for that Product no later than 89 days after the Customer's first click; or (c) the Product is shipped to and paid for by the Customer.

A "Session" begins when a customer clicks on the Partner Site via a special link on your website and ends on the first of the following events: (x) 24 hours after that click; (y) the Customer places an order for a Product; or (z) the customer follows a special link to the partner site that is not your specific link.

Qualifying purchases exclude and we do not pay advertising fees for the following products:

- Products added to a customer's shopping cart or streamed or downloaded by a customer after the end of the respective session, even if the customer previously followed a special link from your website to the partner site;

- any product purchase that is not tracked or reported correctly because the links from your website to the partner website are not formatted correctly;

- any product purchased through a special link by you or on your behalf, including products you purchase through special links for yourself, friends, relatives or partners (e.g. b personal orders, orders for your own use and orders placed by you for or on behalf of another person or entity);

- any product purchased for resale or commercial use of any kind;

- any product purchased after the termination of this Operating Agreement;

- any Product order for which a cancellation, return or refund has been initiated; and

- any product purchased by a customer who was referred to the partner site by one of the following:

- an unauthorized paid search placement; or

- a link to the partner website, including a redirect link that appears on a search engine in response to a general Internet search query or keyword (i.e. H in natural, free, organic or unpaid search results), whether those links appear through your submission of data to this website or otherwise.

- any qualifying purchase where you have offered any consideration or incentive (including cash, rebates, rebates, points, charitable or other organization donations, or other benefits) to any person or entity for using specific links ( e.g. b by introducing a "rewards" or loyalty program that incentivizes people or legal entities to visit the partner site through your special links).

- any Product purchased through a Special Link in a mobile application that was not an approved mobile application or in which the Special Link in an approved mobile application was not supported by the AMA API, the Product Advertising API or other linking tools that we provide to you has been served.

- any qualifying purchase made in India via a mobile device or tablet, where:

- the partner website mobile application is pre-installed on the device or tablet by the original equipment manufacturer (“OEM”); or

- the Partner Website mobile application is installed through a maintenance release, a firmware update or a firmware-based notification by the OEM or the Notification Partner; or

- the partner website mobile application is installed from a source other than the Google Play Store or the iOS App Store

"Prohibited Paid Search Placement" means an Ad that you purchased by bidding on keywords, search terms or other identifiers (including proprietary terms) or otherwise participating in keyword auctions. “Proprietary Term” means any keyword, search term or other identifier that contains the word “goaffpro” or any other trademark of GoAffPro or its affiliates, or any variation or misspelling of any of these words (e.g.b "goaffpro"). “Redirect Link” means a link that indirectly directs Users to the Partner Site via an intermediary website or webpage without the User having to click on a link or take any other affirmative action on that intermediary website or webpage. “Search Engine” means Google, Yahoo, Bing or any other search engine, portal, sponsored advertising service or other search or recommendation service or website participating in any of their respective networks.

8. Payment of advertising fees

We will pay you monthly advertising fees for qualifying purchases sent, streamed or downloaded (as applicable) in a given month, subject to the withholdings or deductions described below. We will pay you approximately 60 days after the end of each calendar month, but may accrue and withhold advertising fees until the total amount payable to you is at least INR 1000 in the case of NEFT transfers.

The Advertising Fee payable to you includes all taxes, including any applicable service or goods and services tax or any other taxes or duties payable by you in connection with such services for which you have provided a valid invoice in accordance with applicable laws and Issue regulations and report them on tax returns within the prescribed period so that Partner Site can receive an input tax credit for the taxes paid. You agree to comply with all applicable provisions of such laws, including but not limited to:

- the timely issuance of GST compliant invoices;

- to make the invoices available to the partner site;

- the regular payment of applicable taxes; and

- the correct reporting to the government according to tax laws.

If at any time the credit of taxes is denied or the payment of taxes is required by the Partner Site or GoAffPro due to, among other things, the issuance of a defective invoice, late payment of taxes, inadequate reporting in the submitted Any declarations or failure by you to comply with applicable laws and regulations, you shall indemnify the Partner Site and GoAffPro for any denied credits or taxes reclaimed, as well as any interest and penalties imposed on the Partner Site and GoAffPro. If applicable Indian tax law requires it, we may deduct or withhold taxes, duties or similar amounts from the advertising fees payable to you. If you are a resident of India, the advertising fees payable to you will be subject to withholding of income tax at the rate prescribed by applicable law. If you are not a resident of India or have not provided us with your PAN (Permanent Account Number), the tax withholding rate applicable to you will be different. If you are not a resident of India, you further agree to provide the necessary documentation to the Partner Site and GoAffPro to enable them to comply with their reporting or other obligations in relation to the Advertising Fee payable to you. If we deduct or withhold taxes from the advertising fees payable to you, we will issue you with the appropriate withholding tax certificate if required by applicable law to substantiate the remittance of the taxes to the appropriate regulatory authorities (for non-residents, this will depend on the relevant documents provided). If you provide us with a certificate of zero or reduced withholding tax, we will apply that zero or reduced tax rate as the applicable withholding tax rate to the advertising fees payable to you. You hereby agree that you will not assert any claim against P or any of its affiliates, and hereby waive any claim you may have now or in the future with respect to any taxes imposed by the Partner Site and GoAffPro under this Operating Agreement relevant tax authority.

9. Policies and Pricing

Customers who purchase products through this program are customers of the partner website with respect to all activities they undertake in connection with the partner website. Accordingly, as between you and us, all prices, terms and conditions of sale, rules, policies and operating procedures relating to customer orders, customer service and product sales set forth on the Partner Site apply to such customers and are subject to change at any time.

10. Identify yourself as a partner

You will not issue any press releases or make any other public communications regarding this Operating Agreement, your use of the Content or your participation in the Program. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse or contribute to any charity or other cause), or any relationship or affiliation between us and you or any other person or entity, except as expressly permitted in this Operating Agreement. However, you must clearly state the following on your website: "[Insert your name] is a participant in the GoAffPro Affiliate Program, an affiliate advertising program designed to provide a means for sites to generate advertising revenue by advertising and linking to the affiliate site.

11. Limited License
12. Subject to the terms and conditions of this Operating Agreement and solely for the limited purpose of advertising products on the Partner Site and referring End Users to the Partner Site in connection with the Program, we hereby grant you a limited, revocable, non-transferable , non-sublicensable, non-exclusive, royalty-free license to (a) copy and display the Content solely on your website; and (b) use only those of our trademarks and logos that we provide to you as part of the Content (those trademarks and logos, collectively, "GoAffPro Marks") solely on your website and in accordance with the trademark guidelines of the Partner program
13. All licenses set forth in this Section 11 will terminate immediately and automatically if at any time you fail to timely comply with any obligation under this Operating Agreement or any Operating Documentation, or otherwise upon termination of this Operating Agreement. In addition, we may terminate the license set forth in this Section 11, in whole or in part, upon written notice to you. You will promptly remove from your Website and delete or otherwise destroy all Content and GoAffPro Marks for which the license set forth in this Section 11 is terminated or that we otherwise request from time to time.
14. Partner Program IP License (“License”)
15. By accepting the Operating Agreement or by accessing or using Product Promotional Content (as defined below), including the proprietary application programming interfaces and other tools (collectively, "PA API") that allow you to access and use certain types of data, images, text and other information and content relating to products ("Product Promotional Content") that we make available to you, you agree to be bound by this license.
16. Subject to the terms and conditions of this License and solely for the limited purpose of participating in the Affiliate Program in strict compliance with the Operating Agreement (including this License and other operating documentation), we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, Royalty-free license to: (a) copy and display Product Promotional Content solely on your website; (b) use only the GoAffPro Marks that we provide to you as part of the Product Promotional Content solely on your website and in accordance with the Associates Program Brand Guidelines, unless otherwise provided in this Operating Agreement, and (c) Access and use the PA API, Data Feed and Product Promotional Content solely in accordance with the Specifications and this License.
17. Reservation of rights; Submissions

Except for the limited licenses expressly set forth in Section 11, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to the Program, the Specific Links, the Link Formats, the Content, the PA API, the data feeds, the product advertising content, and you do not acquire any ownership rights therein by virtue of this Operating Agreement or the license hereunder, any domain name owned or operated by us, information and materials on any Partner Site or the Associates Site , our and our partners' trademarks and logos (including the GoAffPro trademarks), and any other intellectual property and technology we provide or use in connection with the Program (including any application program interfaces, software development kits, libraries, sample codes and related materials).

If you provide us or any of our affiliates with suggestions, reviews, modifications, data, images, text or other information or content regarding a product or in connection with this Operating Agreement, any Content or your participation in the Program, or if you modify any content in any way (collectively, "Your Submission"), you hereby irrevocably assign all right, title and interest in and to your Submission to us and (even if you have marked your Submission as confidential) grant to us a perpetual, fee-based license , royalty-free, non-exclusive, worldwide, irrevocable, freely transferable right and license to (a) use, reproduce, perform, display and distribute your Submission in any manner; (b) adapt, modify, reformat and create derivative works from your Submission for any purpose; (c) use and publish your name in attribution in connection with your Submission (but we are under no obligation to do so); and (d) sublicense the foregoing rights to other natural or legal persons. You also hereby warrant that: (y) your Submission is your original work or you received your Submission lawfully; and (z) we and our sublicensees will not infringe any rights of any person or entity, including copyright, in the exercise of the rights under the above License. You agree to assist us in documenting, perfecting or maintaining our rights in your Submission as we may require.

13. Compliance with laws

In connection with your participation in the Program, you will comply with all applicable laws of India, including but not limited to ordinances, rules, regulations, orders, licenses, permits, judgments, decisions and other requirements of any governmental authority having jurisdiction over you is.

14. Term and termination

The term of this Operating Agreement begins upon our acceptance of your Program application and ends when terminated by either you or us. Either you or we may terminate this Operating Agreement at any time, with or without cause, by providing written notice of termination to the other party. Upon termination of this Operating Agreement, all licenses you have with respect to the Content will automatically terminate and you will immediately cease use of the Content and the GoAffPro Marks and all links to the Partner Site, all GoAffPro Marks, all other Content and all immediately remove from your website and delete or otherwise destroy any other materials we have provided to you under this Operating Agreement or otherwise in connection with the Program. We may retain accrued unpaid advertising fees for a reasonable period after termination to ensure the correct amount is paid (e.g.b to accommodate cancellations or returns). Upon termination of this Operating Agreement, all rights and obligations of the parties will terminate, except that the rights and obligations of the parties under Sections 5, 9, 10, 12, 13, 14, 16, 17, 18, 19 and 20 and all accrued , but unpaid payment obligations from us in accordance with this operating agreement will survive the termination of this operating agreement. Termination of this Operating Agreement shall not relieve either party of any liability for any breach of this Operating Agreement or for any liabilities arising under this Operating Agreement prior to termination.

15. Change

We may change the terms and conditions contained in this Operating Agreement (and Operating Documentation) at any time and in our sole discretion by posting a change notice, a revised Agreement or revised Operating Documentation on the Partner Site or by providing you with a Notice of such change will be sent by email to the email address then associated with your Associates account (such email change will be effective on the date specified in the email, but in no event less than two business days after the email was sent). Changes may include, for example, changes to the Associates Program fee schedule, Associates Program eligibility requirements, payment procedures and other program requirements. IF ANY CHANGE IS UNACCEPTABLE TO YOU, YOUR SOLE RESPONSE SHALL BE TERMINATION OF THIS OPERATING AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM AFTER THE EFFECTIVE DATE OF ANY CHANGE (E.G.b THE DATE THAT WE POST ANY CHANGE NOTICE, AMENDED OPERATIONAL AGREEMENT OR MODIFIED OPERATIONAL DOCUMENTATION ON THE PARTNER SITE, OR THE DATE STATED IN AN EMAIL TO YOU REGARDING SUCH CHANGE) SHALL BE DEEMED TO BE YOUR BINDING ACCEPTANCE OF THE CHANGE.

16. Relationship between the parties

You and we are independent contractors, and nothing contained in this Operating Agreement or the Operating Documentation shall create a partnership, joint venture, agency, franchise, sales representative or employment relationship between you and us or our respective affiliates. You are not authorized to make or accept offers or representations on behalf of us or our affiliates. You will not make any statements, whether on your website or otherwise, that are or may be inconsistent with the statements in this section. If you authorize, support, encourage or enable another natural or legal person to take any action in connection with the subject matter of this Operating Agreement, you will be deemed to have taken the action yourself.

17. Limitation of liability

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOSS OF INCOME, PROFITS, GOODWILL, USE OR DATA) ARISING IN CONNECTION WITH THIS OPERATING AGREEMENT, THE PROGRAM, THE OPERATING DOCUMENTATION, THE PARTNER SITE, THE GOAFFPRO SITE, OR THE SERVICE OFFERINGS (AS DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS OPERATING AGREEMENT, THE PROGRAM, THE AFFILIATE SITE, THE GOAFFPRO SITE AND THE SERVICE OFFERINGS SHALL NOT EXCEED THE SUM OF ADVERTISING FEES CHARGED IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT OCCURRED THE MOST RECENT CLAIM HAS BEEN PAID OR WAS PAYABLE TO YOU UNDER THIS OPERATING AGREEMENT.

18. Disclaimers

THE PROGRAM, THE GOAFFPRO SITE, THE AFFILIATE SITE, ALL PRODUCTS AND SERVICES OFFERED ON THE AFFILIATE SITE, ALL SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, THE DOMAIN NAME GOAFFPRO.Com and the trademarks and logos of our connected companies (including the GoaffPro brands) as well as all technologies, software, functions, materials, data, images, texts and other information and content that we or our connected companies or licensed PROGRAM PROVIDED OR USED (COLLECTIVELY, THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS”. NEITHER WE NOR OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE SERVICE OFFERING, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERING, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE NON-INFRINGEMENT OF RIGHTS AND PRIVACY USE AND ANY WARRANTIES ARISING FROM USAGE OF DEALING, PERFORMANCE OR USAGE OF TRADE. WE MAY DISCONTINUE ANY SERVICE OFFERING OR CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE OR OPERATION OF ANY SERVICE OFFERING AT ANY TIME AND FROM TIME TO TIME IN OUR SOLE DISCRETION. NEITHER WE NOR OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICES WILL CONTINUE TO BE PROVIDED, THAT THEY WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN A PARTICULAR MANNER, OR THAT THEY WILL BE UNINTERRUPTED, ACCURATE, ERROR-FREE OR FREE OF HARMFUL COMPONENTS TEN ARE. NEITHER WE NOR OUR AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES OR INTERRUPTIONS IN THE SERVICE, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) UNAUTHORIZED ACCESS TO, ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF YOUR WEBSITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM, CONTENT, OPERATIONAL DOCUMENTATION, GOAFFPRO WEBSITE OR AFFILIATE PROGRAM WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS OPERATING AGREEMENT . IN ADDITION, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS SHALL BE RESPONSIBLE FOR ANY COMPENSATION, REFUNDS OR DAMAGES IN CONNECTION WITH (X) LOSS OF ANTICIPATED PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL OR OTHER BENEFITS, (Y) INVESTMENT EN, EXPENSES OR OBLIGATIONS ARISING FROM YOUR PARTICIPATION IN CONNECTION WITH THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM OR (Z) TERMINATION OF THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM.

19. Governing Law and Litigation

This Operating Agreement shall be governed by the laws of the Republic of India without regard to its conflict of law principles. The courts located in [Haryana] shall have exclusive jurisdiction over any dispute arising under the Program or this Operating Agreement.

Notwithstanding anything to the contrary in this Operating Agreement, we may bring an action for injunctive or other relief in any court of competent jurisdiction for any actual or alleged infringement of our intellectual property rights or the proprietary rights of any other person or entity. You further acknowledge and agree that our rights in the Content are of a special, unique and exceptional character, which gives them a special value, the loss of which cannot be easily estimated or adequately compensated in the form of damages.

20. Other

You acknowledge and agree that we and our partners may at any time solicit (directly or indirectly) customer referrals on terms that may differ from those in this Operating Agreement, or operate websites similar to or related to your website her compete. You may not assign this Operating Agreement, by operation of law or otherwise, without our express prior written consent. Subject to this limitation, this Operating Agreement will be binding upon, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict compliance with any provision of this Operating Agreement shall not constitute a waiver of our right to subsequently enforce that provision or any other provision of this Operating Agreement. In the event of a conflict between this Operating Agreement and the Operating Documentation, the Partner Program Excluded Products page will take precedence over this Operating Agreement, which in turn will take precedence over the rest of the Operating Documentation. Whenever the terms “including”, “including”, “e.g.b" and "for example" are used, they each mean "including, without limitation", "including, without limitation", "e.g.b", without limitation" and "for example, without limitation". Any decisions or updates made by us, any actions taken by us and any authorizations granted by us under this Operating Agreement may be made, taken or granted in our sole discretion. Any information relating to us or our affiliates and provided by us in connection with the Operating Agreement that is not known to the general public will be considered “Confidential Information.” You agree that: (a) all Confidential Information will remain the exclusive property of GoAffPro; (b) you will use Confidential Information only as necessary for your performance under the Operating Agreement and will ensure that persons having access to Confidential Information are made aware of and comply with the obligations in this provision; and (c) you will not otherwise disclose Confidential Information to any individual, company or other third party (other than your Affiliates). You agree that we may, in our sole discretion, disclose or make available to any judicial, quasi-judicial, governmental, regulatory or other authority any information provided or transmitted by you or information relating to your services under this Operating Agreement as necessary for us to cooperate with and/or comply with their orders, instructions or instructions or to comply with any requirements under applicable law. You represent and warrant that you and your financial institution(s) are not subject to any sanctions or otherwise listed on any list of prohibited or restricted parties, or owned or controlled by any such party, including but not limited to the lists maintained by the United Nations Security Council, the US government (e.g. b the U.S. Department of Treasury's list of Specially Designated Nationals and Foreign Sanctions Evaders and the U.S. Department of Commerce's Entity List), the European Union or its member states, or any other applicable government agency.

MOBILE APPLICATION GUIDELINES

These Mobile Application Guidelines (“Mobile Application Guidelines”) govern the inclusion of Special Links in your Approved Mobile Application. “We”, “us” or “our” means GoAffPro.com, its partner websites or one of its affiliates, as the case may be. “You” means the User Agent for the Partner Account associated with the Approved Mobile Application. All capitalized terms used below that are not defined on this page have the meaning given to them in the Operating Agreement. Strict compliance with these Mobile Guidelines is required at all times and any violation of these Mobile Guidelines will automatically result in termination of the Operating Agreement.

Your mobile application:

1. must be free to download and all referral links must be accessible without paying for access;
2. must have original content;
3. may not mimic the functionality of our shopping app partner website (if any);
4. may not have price tracking and/or price alert functionality unless approved in advance by GoAffPro or the partner site in writing;
5. may not host or display the partner site's websites in WebViews.

We may change this Mobile Application Policy at any time and in our sole discretion by posting a change notice or a revised or restated Mobile Application Policy on the GoAffPro or Partner Site. IF ANY CHANGE IS UNACCEPTABLE TO YOU, YOUR SOLE REMEDY IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM. CONTINUED INCLUSION OF SPECIAL LINKS INTO YOUR APPROVED MOBILE APPLICATION FOLLOWING US POSTING OF A CHANGE NOTICE OR REVISED MOBILE APPLICATION POLICY ON THE PARTNER SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

We reserve the right to take appropriate action, in our sole discretion, against any unauthorized use or use inconsistent with this Mobile Application Policy.

Goaffpro.com data protection notice

Goaffpro.com knows that you care about how information about you is used and shared, and we appreciate that you trust us to do so carefully and sensibly. This notice describes Goaffpro's privacy policy.com By visiting Goaffpro.com and its customers' partner portal, you accept and agree to the practices described in this Privacy Policy.

- Person responsible for personal information

- What personal information about customers does Goaffpro collect.com?

- What about cookies?

- Gives Goaffpro.com pass on the information received?

- How secure is the information about me?

- What about third parties and links to other websites?

- What information can I access?

- What choices do I have?

- Is it allowed for children, Goaffpro.com to use?

- Announcements and revisions

- Examples of information collected

Personal information controller

All personal information provided by Goaffpro.com as part of this privacy policy or provided by Goaffpro.com are collected by Goaffpro.com (the data controller) is stored and controlled at 16, Sector 20, Haryana, India.

What personal information about customers does Goaffpro collect.com?

The information we receive from our customers helps us improve your partner experience at goaffpro.com to personalize and continually improve. We use your information to help our partner e-commerce stores operate an affiliate network, provide services, process payments, communicate with you about orders, products, services and promotional offers, update our records and generally maintain your accounts with us, content such as your earnings, successful recommendations, etc. display We also use this information to improve our platform, to prevent or detect fraud or abuse of our website, and to enable third parties to perform technical, logistical or other functions on our behalf.

The following are the types of information we collect.

Information you give us: We receive and store any information you enter on our website or give us in any other way. Click here to see examples of what we collect. You can choose not to provide certain information, but then you may not be able to take advantage of many of our features. We use the information you provide to respond to your requests, improve our platform and communicate with you.

Automatic information: We receive and store certain types of information when you interact with us. For example, like many other websites, we use "cookies" and obtain certain types of information when your web browser accesses Goaffpro.com and its partner portals or access advertising and other content provided by or on behalf of Goaffpro.com may be provided on other websites. Click here to see examples of the information we receive. We may also receive/store information about your location and mobile device, including a unique identifier for your device. We may use this information for internal analytics and to provide location-based services such as advertising, search results and other personalized content.

Email communication: To help us make emails more useful and interesting, we often receive a confirmation when you receive an email from Goaffpro.com if your computer supports this function. We also compare our customer list with lists from other companies to avoid sending unnecessary messages to our customers. If you do not want to receive emails or other mail from us, please adjust your communication preferences.

Information from other sources: We may receive information about you from other sources and add it to our account information.

By using or continuing to use the website, you agree that we will use your data (including sensitive personal data) in accordance with this privacy notice, which may be published from time to time by Goaffpro.com may be changed at its sole discretion. You also agree that we may collect, store, process, transfer and share your data (including sensitive personal data) with third parties or service providers for the purposes set out in this privacy notice.

We may be required to share the above information with government agencies and bodies for the purpose of identity verification or for the prevention, detection or investigation, including of cyber incidents, as well as for the prosecution and punishment of criminal offenses. You agree that Goaffpro.com will disclose your information if required to do so by applicable law.

What about cookies?

- Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser to enable our systems to recognize your browser and provide features such as Site Stripe, One-Click Share, etc. as well as the storage of your settings in the partner portal.

- The Help menu on the menu bar of most browsers will tell you how to stop your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, and how to disable cookies altogether can. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the manufacturer's website. However, because cookies allow you to use some essential features of Goaffpro.com, we recommend that you leave it enabled.

- If you leave cookies turned on, make sure you log out when you finish using a shared computer.

Gives Goaffpro.com pass on the information received?

Information about our customers is an important part of our business and we are unable to sell it to others. Goaffpro.com shares customer information only as described below and with its affiliates, Goaffpro.com controls, as well as with its customers who are either subject to this Privacy Notice or employ practices that are at least as protective as those described in this Privacy Notice.

- Affiliates that we do not control: We work closely with affiliated companies. In some cases, these companies operate stores on Shopify.com or sell listings to you on shopify.com In other cases, we provide services jointly with or on behalf of these companies.

- Third Party Service Providers: We engage other companies and individuals to perform tasks on our behalf. Examples include analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer services. They have access to the personal data they need to carry out their tasks, but are not permitted to use it for any other purposes. In addition, they must process the personal data in accordance with this privacy notice and within the framework of applicable laws.

- Business Transfers: As we continue to develop our business, we may sell or buy businesses, subsidiaries or divisions. In such transactions, customer information will typically be one of the business assets transferred, but will remain subject to the promises made in the pre-existing privacy notice (unless the customer agrees otherwise). Even in the unlikely event that Goaffpro.com, Inc. or substantially all of its assets are acquired, Customer Data will of course be one of the transferred assets.

- Protection from Goaffpro.com and others: We release account and other personal information when we believe release is appropriate to comply with applicable law, enforce or apply our Terms of Use and other agreements, or violate Goaffpro's rights, property or safety.com, our users or others. This includes exchanging information with other companies, organizations, governments or regulators to protect against fraud and reduce credit risk. However, this does not include selling, renting, sharing or otherwise disclosing customers' personal information for commercial purposes in a manner inconsistent with the promises made in this Privacy Policy.

- With your consent: Except as set out above, you will be notified when information about you may be shared with third parties, and you will have the opportunity to decline to have the information shared.

How secure is the information about me?

- We work to protect the security of your data during transmission by using Secure Sockets Layer (SSL) software, which encrypts the data you enter and maintains the security of your data in accordance with the international standard IS/ISO/ IEC 27001 on “Information Technology Security Techniques Information Security Management System Requirements”.

- We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personal information (including sensitive personal information). Our security procedures mean that we may occasionally require proof of identity before disclosing personal information to you.

- It is important that you protect against unauthorized access to your password and your computer. Make sure you log out when you stop using a shared computer. Click here for more information about opting out.

What about third parties and links to other websites?

Our website contains advertising from third parties and links to other websites.

What information can I access?

Goaffpro.com allows you to access a wide range of information about your account and your interactions with Goaffpro.com for the limited purpose of viewing and, in certain cases, updating this information. This list will change as our website develops.

What choices do I have?

- As mentioned above, you can always choose not to provide any information, even if it is required to create an account or use goaffpro.com features such as your profile are required.

- You can add or update certain information on the pages accessed in the What information can I see? is referred. When you update information, we typically retain a copy of the previous version for our records. If you do not want to receive emails or other mail from us, please adjust your communication preferences. (If you do not want to receive terms of use and other legal notices from us, such as: b this data protection notice, these notices continue to apply to your use of goaffpro.com, and it is your responsibility to check for changes).

- If you do not want to receive emails or other mail from us, please adjust your communication preferences. (If you do not want to receive terms of use and other legal notices from us, such as: b this data protection notice, these notices continue to apply to your use of goaffpro.com, and it is your responsibility to check for changes).

- The Help menu in the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, and how You can deactivate cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the manufacturer's website.

However, since cookies prevent the use of some essential functions of goaffpro.com, we recommend that you leave it turned on.

Are children allowed to goaffpro.com?

The use of goaffpro.com is permitted only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor, i.e.H If you are under 18 years of age, you may goaffpro.com should only be used with the involvement of a parent or legal guardian.

Notices and revisions

If you have concerns about data protection or abuses at goaffpro.com, please contact us with a detailed description and we will try to resolve the issue for you.

Our business is constantly changing and our Privacy Notice and Terms of Use will also change. We may send you periodic reminders of our notices and conditions by email unless you have instructed us not to, but you should check our website frequently to stay informed of any changes.

Unless otherwise stated, our current Privacy Notice applies to all information we have about you and your account. However, we stand behind our promises and will never materially change our policies and practices to reduce the protection of customer information collected in the past without the consent of affected customers.

Examples of information collected

Information you give us

You provide most of this information when you create an account and update your profile in Settings. For example, you provide information when you: provide information in your account (and you may have more than one if you have used more than one email address) or in your profile; communicate with us by telephone or other means. As a result of these actions, you may provide us with information such as your name, address and telephone number, the personal description in your profile and financial information.

Automatic information

Examples of information we collect and analyze include: the Internet protocol (IP) address used to connect your computer to the Internet; Log in; E-mail address; Password; Computer and connection information such as browser type and version; operating system and platform; the full Uniform Resource Locators (URL) clickstream to, through and from our website (including date and time); cookie number; We may also use browser data, such as cookies or similar data, on certain parts of our website to combat fraud and for other purposes. During some visits, we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (e.g. b scrolling, clicks and mouse-overs) and methods used to exit the page.

Information you can access

Examples of information you can access at goaffpro.com can easily access: current information about recent orders from partners, personal information (including name, email, password, communication and personalized settings), payment settings, email notification settings and your profile.

Complaints officer

You will find the details of the complaints officer below:

Name: Anuj Tenani

Email: admin@goaffpro.com