Terms of service.
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Kamaconnection.com Partner Program (the "Program"). As used in this Agreement, "we" means Kamaconnection.com, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to Kamaconnection.com's site located at the URL http://www.kamaconnection.com, or to the site that you will link to our site (and which you will identify in your Program application).
1. Enrollment in the Program
To begin the enrollment process, you will submit a complete Program application
via our site. We will evaluate your application in good faith and will notify
you of your acceptance or rejection. We may reject your application if we determine
(at our sole discretion) that your site is unsuitable for the Program. Examples
of unsuitable sites (this list is not exhaustive) are those that:
· Promote sexually explicit materials, adult and/or mature content, Hacking/cracking
content
· Promote violence & profanity
· Promote racial intolerance, or advocate against any individual, group,
or organization, sex, religion, nationality, disability, sexual orientation,
or age
· Promote illegal activities, gambling or casino-related content
· Include "Kamaconnection" or variations or misspellings thereof
in their domain names
· Otherwise violate intellectual property rights
· Are in any nature perceived to be as competitive sites to Kamaconnection.com
· Has Excessive advertising; Excessive, repetitive, or irrelevant keywords
in the content or code of web pages
· Offers Incentives (monetary or point-based) to users to click on Kamaconnection.com
links or ads
· Offer sales or promote of certain weapons, such as firearms, ammunition,
balisongs, butterfly knives, and brass knuckles
· Offer sales or promote of beer or hard alcohol, tobacco or tobacco-related
products, prescription drugs
a. If we reject your application, you are welcome to reapply to the Program
at any time. You should also note that if we accept your application and your
site is thereafter determined (at our sole discretion) to be unsuitable for
the Program, we may terminate this Agreement at any time.
If we reject your application, you are welcome to reapply to the Program at
any time. You should also note that if we accept your application and your site
is thereafter determined (at our sole discretion) to be unsuitable for the Program,
we may terminate this Agreement at any time.
2. Links on Your Site
Once you have been notified that your site has been accepted into the Program,
you may provide on your site a general link to Kamaconnection.com home page
at http://www.kamaconnection.com. We will provide you with guidelines and graphical
artwork to use in linking to our home page.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special "tagged" link formats to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly utilizes such special link formats. Links to our site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Link" Or "Affiliate Link" Or "Partner Link". You will only earn referral fees with respect to activity on our site occurring directly through "Special Link" Or "Affiliate Link" Or "Partner Link": we will not be liable to you with respect to any failure by you to use "Special Link" Or "Affiliate Link" Or "Partner Link", including to the extent that such failure may result in any reduction of amounts which would otherwise be paid to you pursuant to this Agreement.
IMPORTANT: Please remember that we will provide you with a special link (referred as "Special Link" Or "Affiliate Link" Or "Partner Link") to use to link your website to Kamaconnection.com. DO NOT link to http://www.kamaconnection.com and we will not be able to track referrals from your site to ours without that special link.
3. Order Processing
We will process orders placed by customers who follow Special Links (referred
as "Special Link" Or "Affiliate Link" Or "Partner Link")
from your site to our site. We reserve the right to reject orders that do not
comply with any requirements that we periodically may establish. We will be
responsible for all aspects of order processing and service fulfillment. Among
other things, we will prepare order forms, process payments, handle service
fulfillment and customer service. We will track sales made to customers who
purchase products and services using Special Links (referred as "Special
Link" Or "Affiliate Link" Or "Partner Link") from your
site to our site and will make available to you reports summarizing this sales
activity. The form, content, and frequency of the reports may vary from time
to time at our discretion.
You may not place orders during sessions initiated through the links on your site for your own use, for resale or commercial use of any kind. This includes orders for customers or on behalf of customers or orders to be used by you or your friends, relatives or Alliances in any manner. Such purchases may result (in our sole discretion) in the withholding of referral fees or the termination of this Agreement. A Qualifying Product is one on the sale of which a Partner is entitled to Qualifying Revenues.
In addition, you may not directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money or awarding of any benefits) for using Special Links (referred as "Special Link" Or "Affiliate Link" Or "Partner Link")on your site to access our site (e.g., by implementing any "rewards" program for persons or entities who use Special Links on your site to access our site). If we determine, in our sole discretion, that you have offered any person or entity any such consideration or incentive, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement.
4. Payment
Webmasters
At the end of every month, we will send you a cheque for your earnings subject
to a minimum earned balance of USD 100. If your account balance is less than
INR 990, we'll carry it forward to the next month and mail you the cheque once
the balance touches USD 100.
5. Policies and Pricing
Customers who register through this Program will be deemed to be customers of
Kamaconnection.com. Accordingly, all Kamaconnection.com terms and conditions,
rules, policies, and operating procedures concerning member conduct, customer
service, and sales will apply to those customers. We may change our policies
and operating procedures at any time. For example, we will determine the prices
to be charged for services sold under this Program in accordance with our own
pricing policies.
6. Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance
of your site and for all materials that appear on your site. For example, you
will be solely responsible for (this list is not exhaustive) :
* The technical operation of your site and all related equipment.
* Ensuring that materials posted on your site do not violate or infringe upon
the rights of any third party (including, for example, copyrights, trademarks,
privacy, or other personal or proprietary rights).
* Ensuring that materials posted on your site are not libelous or otherwise
illegal.
* We disclaim all liability for these matters. Further, you will indemnify and
hold us harmless from all claims, damages, and expenses (including, without
limitation, attorneys' fees) relating to the development, operation, maintenance,
and contents of your site.
7. Term of the Agreement
The term of this Agreement will begin upon our acceptance of your 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
written notice of termination. Upon the termination of this Agreement for any
reason, you will immediately cease use of, and remove from your site, all links
to our site, and all Kamaconnection.com trademarks, trade dress and logos, and
all other materials provided by or on behalf of us to you pursuant hereto or
in connection with the Program. You are only eligible to earn referral fees
on our sales of Qualifying Products occurring during the term, and referral
fees earned through the date of termination will remain payable only if the
related orders are not canceled or returned. We may withhold your final payment
for a reasonable time to ensure that the correct amount is paid.
8. Modification
We may modify any of the terms and conditions contained in this Agreement, at
any time and in our sole discretion, by posting a change notice or a new agreement
on our site. Modifications may include, for example, changes in the scope of
available referral fees, referral fee schedules, payment procedures, and Program
rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO
TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING
OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE
BINDING ACCEPTANCE OF THE CHANGE.
9. Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create
any partnership, joint venture, agency, franchise, sales representative, or
employment relationship between the parties. You will have no authority to make
or accept any offers or representations on our behalf. You will not make any
statement, whether on your site or otherwise, that reasonably would contradict
anything in this Section.
10 Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any
loss of revenue, profits, or data) arising in connection with this Agreement
or the 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 Program will not exceed at any time and under any circumstances the total
referral fees paid or payable to you under this Agreement.
11. Disclaimers
We make no express or implied warranties or representations with respect to
the Program or any products 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.
12. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS
AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY)
SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN
THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR
WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING
IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT
OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Miscellaneous
This Agreement will be governed by US laws and the State of Virgina without
reference to rules governing choice of laws. You may not assign this Agreement,
by operation of law or otherwise, without our prior written consent. Subject
to that restriction, this Agreement will be binding on, inure to the benefit
of, and 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.