Please read this agreement careful as it represents a legally binding agreement between you and Market Like Pro Pvt. Ltd.. By submitting your application and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement.
Market Like Pro Pvt. Ltd. may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that Market Like Pro Pvt. Ltd. believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.
We periodically update these terms. We might also choose to replace these terms in their entirety if, for example, the Affiliate Program changes, ends, or becomes part of an existing program, including our partner programs. If we update or replace the terms we will let you know via electronic means, which may include an in-app notification or by email. If you don’t agree to the update or replacement, you can choose to terminate as we describe below.
ACCEPTANCE OF AFFILIATE
Once we receive an application to become an Affiliate from you, we will review your application and notify you whether you have been accepted to participate in the Affiliate Program, or not. Before we accept an application, we may want to review your application with you, so we may reach out to you for more information. We may require that you complete certain requirements or certification(s) before we accept your application. If we do not notify you that you are accepted to participate in the Affiliate Program within fifteen (15) days from your application, your application is considered to be rejected. If you are accepted to participate in the Affiliate Program, then upon notification of acceptance, the terms and conditions of this Affiliate Agreement shall apply in full force and effect, until terminated, pursuant to the terms set forth below.
Failure to complete any enrollment criteria within fifteen (15) days of your acceptance will result in the immediate termination of this Affiliate Agreement and you will no longer be able to participate in the Affiliate Program.
You will comply with the terms and conditions of this Affiliate Agreement at all times, including any applicable Program Policies.
RELATIONSHIP OF PARTIES
Market Like Pro Pvt. Ltd. and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on Market Like Pro Pvt. Ltd.'s behalf.
"Affiliate" - The business, individual, or entity applying to or participating in the Affiliate Program, or that displays Market Like Pro Pvt. Ltd.’s products and Services and/or promotions on its website, or other means, using an affiliate tracking code in exchange for receiving a commission from Market Like Pro Pvt. Ltd. for sales directly resulting from such display.
“Affiliate Program” means our marketing affiliate program as described in this Agreement.
"Affiliate Site" - The Affiliate's website which displays Market Like Pro Pvt. Ltd.’s Products and Services and/or promotions.
"Market Like Pro Pvt. Ltd.’s Products and Services" - Web hosting and related products and services that are available for purchase from Market Like Pro Pvt. Ltd..
"Market Like Pro Pvt. Ltd. Content" means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into our services.
“Affiliate Link” means the unique tracking link you place on your site or promote through other channels.
“Affiliate Lead” means a customer prospect who clicks on the Affiliate Link that we have made available to you via the Affiliate Tool.
“Affiliate Tool” means the tool that we make available to you upon your acceptance into the Affiliate Program and for you to use in order to participate in the Affiliate Program.
“Customer” means the authorized actual user of the Market Like Pro Pvt. Ltd. Products who has purchased the Market Like Pro Pvt. Ltd. products after being an Affiliate Lead.
"Commission Fees" - The amount you will be paid for each Qualified Purchase by a Referred Customer that you refer to Market Like Pro Pvt. Ltd. subject to the Commission Threshold and pursuant to the terms of this Agreement.
"Qualified Purchase" - A sale of Market Like Pro Pvt. Ltd. Products and Services by Market Like Pro Pvt. Ltd., with a term of twelve (12) months or longer, to a Referred Customer.
Each new and unique customer referred from Affiliate through a Link that provides valid account and billing information.
“Commission Threshold” - The amount of Commission Fees an Affiliate must accrue prior to receiving a payment from Market Like Pro Pvt. Ltd..
PAYMENT OF COMMISSION AND REFERRAL FEES
USE OF LINKS:
If you qualify and agree to participate as an Affiliate, we will make a variety of graphic and textual links available to you (each referred to herein as a "Link" or collectively, as the "Links"). The Links will serve to identify your website as a member of the Affiliate Program and will establish a link from your website or e-mail to Market Like Pro Pvt. Ltd.. You agree to cooperate fully with us in order to establish and maintain such Links. You further agree that your use of the Links must be in compliance with this Affiliate Agreement at all times. Market Like Pro Pvt. Ltd. may modify the Links from time to time in its sole discretion. You will not use graphic or textual images (indicating a Link) or text messages to promote Market Like Pro Pvt. Ltd. that are not approved in advance by Market Like Pro Pvt. Ltd.. All Affiliate Sites shall display the Links prominently in relevant sections of their website.
Market Like Pro Pvt. Ltd. will provide the Affiliate with specific Referral Links to link advertisements and other marketing content to Market Like Pro Pvt. Ltd.. Market Like Pro Pvt. Ltd. will track users who have visited these Referral Links using cookies which expire after 60 days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.
The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. Market Like Pro Pvt. Ltd. is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.
Market Like Pro Pvt. Ltd. will process orders placed by Referred Customers who follow the Links from an Affiliate Site to Market Like Pro Pvt. Ltd.. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfillment, including Market Like Pro Pvt. Ltd.’s services, cancellation, processing, refunds and payment processing will be our responsibility. We will track the Qualified Purchases generated by your Affiliate Site and will make this information available to you through our website. To permit accurate tracking, reporting, and commission accrual, you must ensure that the Links between your website and our website are properly formatted.
Commissions will be calculated based on the commission rates stated on the Market Like Pro Pvt. Ltd. website for each Qualified Purchase (as defined herein) subject to commission accruing pursuant to ‘ACCURAL OF COMMISSION’ below. A “Qualified Purchase” does NOT include the following:
A purchase by a Referred Customer that is not up to date on its payments or is subject to a refund, referral, or other program.
A purchase that was completed prior to the Affiliate joining the Affiliate Program or was not tracked properly through an Affiliate Link.
A purchase by a Referred Customer that has not been in good standing for a period of at least fifteen (15) days or is in violation of Market Like Pro Pvt. Ltd.’s Terms & Conditions or other applicable policies at the time the Commission Fees accrue.
A purchase that Market Like Pro Pvt. Ltd. suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same customer, or the referral of accounts that do not comply with this Affiliate Agreement.
A purchase referred by an Affiliate that has an excessive cancellation rate as determined in Market Like Pro Pvt. Ltd.’s sole discretion.
A purchase by a Referred Customer if the Referred Customer was offered or received coupons, refunds, credits or discounts from the Affiliate.
A purchase by a Referred Customer if the Affiliate or Referred Customer is in or is promoting a business-opportunity program, as determined by us in our sole discretion.
Market Like Pro Pvt. Ltd. reserves the right to withhold payment of initial Commissions Fees to Affiliates who are new to the Affiliate Program, or who have commissions that are potentially fraudulent as determined by Market Like Pro Pvt. Ltd. in its sole discretion, to determine the legitimacy and cancellation rates of Referred Customers.
Market Like Pro Pvt. Ltd. reserves the right to suspend the payment of Commission Fees at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms of this Affiliate Agreement by the Affiliate or a Referred Customer. Market Like Pro Pvt. Ltd. reserves the right to deduct from Affiliate's current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, and cancelled purchases.
Affiliate is responsible for monitoring the payment, denial, and withholding of Commission Fees; Market Like Pro Pvt. Ltd. is not obligated to actively notify Affiliates of the status of Commission Fees. If Affiliate has a question about a Commission Fee that has been cancelled or withheld, Affiliate has fifteen (15) days from the day the payment would have been due to contact Market Like Pro Pvt. Ltd. to request that the Commission Fee be paid. Any changes to decisions about cancelled or withheld Commission Fees are strictly made in Market Like Pro Pvt. Ltd.’s sole discretion.
Commissions for any Referred Customer who is associated with any Market Like Pro Pvt. Ltd. reseller, referral or other program may not be considered a Qualified Purchase. In other words, you may not receive double commissions or compensation.
In the event that the Referred Customers that are referred to Market Like Pro Pvt. Ltd. by an Affiliate are determined to have an excessive cancellation rate, as determined by Market Like Pro Pvt. Ltd. In its sole discretion, Market Like Pro Pvt. Ltd. reserves the right to withhold or decline pending and future Commission Fees to such Affiliate.
Any attempt by an Affiliate to manipulate, falsify or inflate Referred Customers, Qualified Purchases, or Commission Fees to intentionally defraud Market Like Pro Pvt. Ltd. or any violation of the terms of this Affiliate Agreement constitutes immediate grounds for Market Like Pro Pvt. Ltd. to terminate the Affiliates participation in the Affiliate Program and will result in the forfeiture of any Commission Fees due to the Affiliate.
ACCRUAL OF COMMISSION:
Commissions will accrue and only become payable once you (i) provide all relevant tax and address documentation pursuant to Commission Payments below and (ii) reach the Commission Threshold of Rs._____ based on the commission rates stated on the www.marketlikepro.com website, solely as applied to Qualified Purchases which occurred within ninety (90) days of the end of the calendar month in which the first of such Qualified Purchases occurred. All Qualified Purchases still eligible to result in commissions under this section must remain active and in good standing pursuant to the terms of this Affiliate Agreement in order to remain eligible for accrual of a commission. Once a commission has accrued under this section, the amount of such commission (the “Commission Fee”) shall be due and payable to you under the terms of Commission Payments. Market Like Pro Pvt. Ltd. Reserves the right to change the Commission Threshold by amending this Affiliate Agreement and will notify you for any such amendment pursuant to the terms of this Affiliate Agreement.
Subject to the terms of this Agreement and the accrual of commissions as set forth in ACCRUAL OF COMMISSION above, commissions will be calculated according to the specified percentage or amount set forth on the Market Like Pro Pvt. Ltd.
Commission Fees will be processed approximately forty-five (45) to sixty (60) days after the end of the month or other period in which they accrue. Market Like Pro Pvt. Ltd. will only compensate you for Qualified Pur?chases made in accordance with this Agreement.
Commission Fees shall be paid based on the current information in your Affiliate profile. You are required to notify us promptly of any change in your address by updating your profile information in the Affiliate console. You are responsible for informing Market Like Pro Pvt. Ltd. of your desired payment form/type.
Market Like Pro Pvt. Ltd., in its sole discretion, reserves the right to modify the available commission payment methods or payment schedule at any time. Such changes shall take effect when posted.
PROCESSOR FEE PAYMENT:
All commissions are calculated based on the net transaction. In other words, all taxes, shipping, and payment processing fees are first deducted from the sums collected from the customer. The remaining amount is a commissionable sale. The commission rate listed on the Market Like Pro Pvt. Ltd. is then applied to determine the amount due the Affiliate. Any sums paid for taxes, shipping, and payment processor fees are not commissionable. The Market Like Pro Pvt. Ltd. may also charge a per transaction fee for every transaction processed. In the event that a per-transaction fee is applied, the amount of the fee can be seen on the Market Like Pro Pvt. Ltd.. Any such fee is not commissionable and is also deducted from the sums paid by the customer, prior to the calculation of any commission.
TAX FORMS AND ADDRESS CHANGES
It is your responsibility to provide Market Like Pro Pvt. Ltd. with the tax and payment information required to issue a Commission payment to you. If Market Like Pro Pvt. Ltd. does not receive the necessary tax or payment information within ninety (90) days of a Commission being earned, Market Like Pro Pvt. Ltd. will consider that Commission to be forfeited by the Affiliate and no payment will be issued.
You are responsible for the payment of all taxes related to the commissions you earn under this Agreement.
COMPLIANCE WITH APPLICABLE LAWS
As a condition to your participation in the Affiliate Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. You shall comply, and shall ensure that any third parties performing sales or referral activities on your behalf comply, with all applicable foreign and domestic laws (including without limitation export laws and laws applicable to sending of unsolicited email), governmental regulations, ordinances, and judicial administrative orders. You shall not engage in any deceptive, misleading, illegal or unethical marketing activities, or activities that otherwise may be detrimental to us, our customers, or to the public. Export laws and regulations of India and any other relevant local export laws and regulations may apply to the Market Like Pro Pvt. Ltd. Products. You will not directly or indirectly export, re-export, or transfer the Market Like Pro Pvt. Ltd. Products to prohibited countries or individuals or permit use of the Market Like Pro Pvt. Ltd. Products by prohibited countries or individuals.
MIXING OF PRODUCTS
As an Affiliate of the Market Like Pro Pvt. Ltd., your website on which you advertise any products or services of the Market Like Pro Pvt. Ltd. may only include products that are not capable of being viewed by persons 13 years of age or younger unless the Market Like Pro Pvt. Ltd. Specifically allows such products. Your website may NOT contain any content or images that are NOT suitable for being viewed by persons 13 years of age or younger if you include any reference whatsoever to the Market Like Pro Pvt. Ltd., the Website, the eBook(s), or your Affiliate Link. On any website on which you include any reference whatsoever to the Market Like Pro Pvt. Ltd., its
products, services, and eBooks, you may NOT include any reference whatsoever to any form of “Adult” content. Any violation of these requirements will result in immediate termination of your Affiliate status and you shall forfeit any commissions/referral fees that may be due. In the event that any violation of these requirements results in the suspension or termination of any payment processor for the Market Like Pro Pvt. Ltd., you shall be liable for liquidated damages in the amount of Rs.10,000 as well as actual and any consequential or actual damages that the Market Like Pro Pvt. Ltd. may incur.
You are free to promote your own web sites, but naturally any promotion that mentions Market Like Pro Pvt. Ltd. could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Market Like Pro Pvt. Ltd.. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Market Like Pro Pvt. Ltd. so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Market Like Pro Pvt. Ltd. so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Market Like Pro Pvt. Ltd.. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Market Like Pro Pvt. Ltd.’s Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as Market Like Pro Pvt. Ltd., [www.MarketLikePro.com], www.marketpro, www.marketlikespro.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Market Like Pro Pvt. Ltd.’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our Affiliate Program without prior notice, and on the first occurrence of such PPC bidding behavior.
Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited (i.e., no page from our site or any Market Like Pro Pvt. Ltd.’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Market Like Pro Pvt. Ltd. In IFrames, hidden links and automatic pop ups that open Market Like Pro Pvt. Ltd.; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
Affiliates shall not use cash rebates or other monetary incentives to promote products or services sold by the Market Like Pro Pvt. Ltd.. This includes, but is not limited to, offering to rebate a portion of the purchase price to anyone who purchases via the Affiliate’s link for the Affiliate Program. Such monetary compensation devalues the Affiliates Program at the expense of the Market Like Pro Pvt. Ltd.. Any violation of the provisions of this para- graph shall constitute a material breach of this Agreement, the Affiliate’s status as an Affiliate under this Affiliate Program shall terminate without notice, and Market Like Pro Pvt. Ltd. shall forfeit all Affiliate commissions as partial compensation for the damages inflicted to the Market Like Pro Pvt. Ltd. by Affiliate’s breach. However, nothing in this paragraph shall prevent an Affiliate from providing non-monetary bonuses to purchasers as an inducement to purchase through the Affiliate’s link provided that such bonuses are other- wise permitted by law.
INVESTIGATION BY LAW ENFORCEMENT OR GOV- ERNMENT AGENCIES
Market Like Pro Pvt. Ltd. reserves the right to reject any Affiliate application or immediately terminate any Affiliate from the Affiliate Program who has ever been investigated by any law enforcement or government agency for the Affiliate’s marketing or advertising practices in online or offline business ventures. Every applicant for the Affiliate Program must make full disclosure to the Market Like Pro Pvt. Ltd. of any such investigations, including the results of such investigations so that the Market Like Pro Pvt. Ltd. can make an informed decision as to whether the applicant is eligible for the Affiliate Program.
Once an applicant is approved, the applicant must also make full disclosure to the Market Like Pro Pvt. Ltd. immediately of any such investigations that occur during the term such approved applicant is an Affiliate. Any violation of the provisions of this paragraph shall constitute a material breach of this Agreement, the Affiliate’s status as an Affiliate under this Program shall terminate without notice, and the Affiliate shall forfeit all Affiliate commissions as partial compensation for the damages inflicted to the Market Like Pro Pvt. Ltd. by Affiliate’s breach.
Market Like Pro Pvt. Ltd. and their associated companies operate with the strictest codes of professional conduct. Any Affiliate who brings Market Like Pro Pvt. Ltd. or their employees, partners, or associates into disrepute, or who promotes any form of slander, racism, or unfair business practices, will have their Affiliate status canceled and any outstanding commissions will be forfeited.
Market Like Pro Pvt. Ltd. reserves the right to reject any Affiliate application if, in the Market Like Pro Pvt. Ltd.’s opinion, that person or entity violates established laws or commonly held standards of decency. For example, we will reject applications from any person or company that promotes any form of violence, illegal activities, or from applicants who Market Like Pro Pvt. Ltd. prefers not to be associated with.
AFFILIATE SALES AND TRACKING
After signing up for the Affiliate Program, you will receive a unique Affiliate URL (“Affiliate Link”) which you will use to advertise Market Like Pro Pvt. Ltd.. When someone clicks through this URL, a
cookie will be set in their browser with your Affiliate ID and their IP address may also be logged with your Affiliate ID. During that visit to the Market Like Pro Pvt. Ltd. or any later visit, when a purchase is made the commission will be given based on the existence of the cookie.
The Market Like Pro Pvt. Ltd. is not responsible for a visitor clearing their cookies or blocking any client or server tracking scripts designed to credit the affiliate for the conversion. Untracked conversions will be credited to the pro?gram operator. Commissions will not be moved from one Affiliate to another affiliate.
In order to receive proper credit for sales, a person or entity must purchase through your unique Affiliate URL. Masking or cloaking of the links (whether done by software or by a script, and sometimes referred to as “Affiliate link cloaking”) may or may not work with parts of the Market Like Pro Pvt. Ltd. and this Affiliate Program. The Market Like Pro Pvt. Ltd. allows masking or cloaking but you must provide a repeatable process for our verification of the cloaked link, otherwise the use of the masked or cloaked link is disallowed.
For the purposes of this Agreement, a “Bona Fide Click-Through” shall be defined as any successful attempt by a visitor of the Affiliate's website to click on the link within the Promotional Materials on the Affiliate's website and to visit the Market Like Pro Pvt. Ltd.. The Market Like Pro Pvt. Ltd. shall have sole discretion to determine whether any particular click-through or class of click-throughs shall qualify as Bona Fide Click-Throughs. The Affiliate shall not attempt to: (i) artificially attempt to generate click-throughs to Market Like Pro Pvt. Ltd. by use of deception or misrepresentation; (ii) manipulate, incentivize, or otherwise encourage the Affiliate's employees, agents, customers, or other persons to click the link to the Market Like Pro Pvt. Ltd. for any purpose other than the promotion of the services and/or products offered through Market Like Pro Pvt. Ltd.; or (iii) create or employ any mechanism designed to artificially or automatically generate click-throughs to Market Like Pro Pvt. Ltd..
TERM AND TERMINATION
TERM: This Agreement will apply for as long as you participate in the Affiliate Program, until terminated.
TERMINATION WITHOUT CAUSE: Both you and we may terminate this Agreement on fifteen (15) days written notice to the other party.
TERMINATION FOR AGREEMENT CHANGES: If we update or replace the terms of this Agreement, you may terminate this Agreement on five (5) days written notice to us, provided that you send us written notice within ten (10) days after we send you notice of the change.
TERMINATION FOR CAUSE: We may terminate this Agreement: (i) upon fifteen (15) days’ notice to you of a material breach if such breach remains uncured at the expiration of such period, (ii) upon fifteen (15) days notice to you of non-payment of any amount due to us if such amount remains unpaid at the expiration of such period, (iii) immediately, if you become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors, (iv) immediately, if you breach the terms applicable to your subscription with us (if you have one), including if you default on your payment obligations to us or our affiliate, or (v) immediately, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.
EFFECTS OF EXPIRATION/TERMINATION: Expiration of this Agreement, and termination of this Agreement: (i) without cause by us,(ii) by you with cause, (iii) by you according to the ‘Termination for Agreement Changes’ section, shall not affect our obligation to pay you a Commission, so long as the related payment by the Customer Transaction is recognized by us within fifteen (15) days after the date of such termination or expiration and provided that in no event shall you be entitled to payment of Commission under this Agreement if you are eligible to receive a revenue share payment under the Sales Solution Program Agreement, Sales Referral Program Agreement or Agency Partner Program Agreement. We will not pay you fees on Customer Transactions recognized by us after fifteen (15) days after the date of such termination or expiration set out above. Provided however, in the event of termination without cause by you, or for cause by us, our obligation to pay and your right to receive any Commission will terminate upon the date of such termination, regardless of whether you would have otherwise been eligible to receive Commission prior to the date of termination. Except as expressly set forth in this section, you are not eligible to receive a Commission payment after expiration or termination of this Agreement. Upon termination or expiration, you will discontinue all use of and delete the Affiliate Tool that we make available to you for your participation in the Affiliate Program. Upon termination or expiration, an Affiliate Lead is not considered valid, and we may choose to maintain it in our database and engage with such a prospect.
Upon termination or expiration, you will immediately discontinue all use of our trademark and references to this Affiliate Program from your website(s) and other collateral. For the avoidance of doubt, termination or expiration of this Agreement shall not cause a Customer’s subscription agreement to be terminated.
We may update and change any part or all of this Agreement, including by replacing it in its entirety. If we update or change this Agreement, the updated Agreement will be made available to you via the Affiliate Tool and we will let you know by email. The updated Agreement will become effective and binding on the next business day after we have notified you. When we change this Agreement, the "Last Modified" date above will be updated to reflect the date of the most recent version. We encourage you to review this Agreement periodically. If you don’t agree to the update, change or replacement, you can choose to terminate as we describe above. No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
It is understood that any individual that uses the Market Like Pro Pvt. Ltd.’s system shall not use it in connection with obscene, defamatory, slanderous, hateful, illegal or politically disruptive material, the definition of which shall be at the sole discretion of the Market Like Pro Pvt. Ltd.. It is also understood that Affiliates shall not try to cheat the system in an effort to increase their payments due. If such misuse is detected, the Affiliate will be immediately terminated as an Affiliate and any sums payable as and for commissions will be withheld. All Affiliates further agree to refrain from engaging in any hostile activity toward the system. Any individual that engages in such hostile activity, such as hacking, shall be held liable for any loss sustained by the Market Like Pro Pvt. Ltd., or its associates due to such action.
DISCLAIMER OF WARRANTIES: WE AND OUR AFFILIATED COMPANIES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE MARKET LIKE PRO PVT. LTD. PRODUCTS, MARKET LIKE PRO PVT. LTD. CONTENT, THE AFFILIATE PROGRAM OR THE AFFILIATE TOOL FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) AND THE AFFILIATE TOOL MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE MARKET LIKE PRO PVT. LTD. PRODUCTS AND AFFILIATE TOOL ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE MARKET LIKE PRO PVT. LTD. PRODUCTS AND THE AFFILIATE TOOL INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NO INDIRECT DAMAGES: TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
ELECTRONIC COMMUNICATIONS AND EMAIL
Market Like Pro Pvt. Ltd. requires your primary email address be listed in your Affiliate Profile. Affiliates will not be able to use the Market Like Pro Pvt. Ltd. or participate in the Affiliate program until their email addresses are verified. Those who fail to verify their email address or use an email address that generates an error response consistently (e.g., “User is over quota” or “Mailbox full”) will forfeit any commissions due and this contract will be terminated immediately. You may not use an email address with an auto responder as your Affiliate email address. When you visit Market Like Pro Pvt. Ltd. or send emails to the Market Like Pro Pvt. Ltd., you are communicating electronically. You consent to receive communications from the Market Like Pro Pvt. Ltd. electronically. Market Like Pro Pvt. Ltd. will communicate with you by email or by posting notices on Market Like Pro Pvt. Ltd.. You agree that all agreements, notices, disclosures and other communications that the Market Like Pro Pvt. Ltd. provides to you electronically satisfy any legal requirement that such communications be in writing. If you are an Affiliate, you understand that you may NOT opt out of any emails that you receive from Market Like Pro Pvt. Ltd.. As an Affiliate, you must continually have a valid email account on file with the Market Like Pro Pvt. Ltd. or we reserve the right to terminate your participation immediately, without any refund of any license fees paid or payment of any commission due.
UNAUTHORIZED CHARGING OR RECEIPT OF PAYMENTS THROUGH THE WEBSITES
No Affiliate, or other person or entity may use the Market Like Pro Pvt. Ltd., or the Market Like Pro Pvt. Ltd. Payment processing system, for private transactions. Any revenue collected through the Market Like Pro Pvt. Ltd. or through the Market Like Pro Pvt. Ltd. payment processing system may become the sole property of the Market Like Pro Pvt. Ltd.. Specifically, Affiliates may not link to the
Market Like Pro Pvt. Ltd. for processing of products or services that are not wholly sponsored by the Market Like Pro Pvt. Ltd. and authorized by the Market Like Pro Pvt. Ltd. and further, may not link to the Market Like Pro Pvt. Ltd. for processing of any products beyond what the Market Like Pro Pvt. Ltd. has identified as salable products for the Market Like Pro Pvt. Ltd. and specific Affiliate sales.
Should any Affiliate of the Market Like Pro Pvt. Ltd. or other person or entity construct links that process orders through the Market Like Pro Pvt. Ltd. payment processing system, the act will be considered an attack of computing resources with intent to damage the Market Like Pro Pvt. Ltd. and therefore treated as a serious computer crime. Violators will be prosecuted to the fullest extent of the law.
CHARGING OR RECEIVING ANY PAYMENT FOR ASSISTING OTHER AFFILIATES
The progress of any Affiliate benefits the Market Like Pro Pvt. Ltd. in
many ways. If You recruit, sponsor, or obtain an Affiliate through the Websites, by any means, You should always be willing to assist such Affiliate at no charge if you are overriding such Affiliate in a multi-tier payment system. If you are unwilling to assist such Affiliates without charge, your Affiliate status with the Market Like Pro Pvt. Ltd. will be terminated immediately and any commissions due will be withheld permanently as partial compensation for managing the associated and impacted Affiliates.
Market Like Pro Pvt. Ltd. will allow the Affiliate to offer a fee based
coaching program based on excessive amounts of time required for assistance. Excessive amounts of time are defined as over or equal to a 60 minute session of assistance, guidance and coaching. A reasonable fee may be charged by the Affiliate.
AFFILIATE IDENTIFICATION NUMBERS
You will be required to setup and Affiliate ID. Your Affiliate ID may be numeric and/or CaSe sEnSitIvE. For example, the code ‘learn_more’ is different from ‘Learn_More’. You are responsible for maintaining the secrecy and security of your Affiliate ID and password. You agree to hold Market Like Pro Pvt. Ltd. harmless in the event that any such information is shared by you with any other person or entity whatsoever. Market Like Pro Pvt. Ltd. also maintains an Affiliate ID numeric equivalent to the Affiliate ID setup by the Affiliate. This numeric ID resides on Market Like Pro Pvt. Ltd.'s server.
LIMITATIONS OF LIABILITY
The Affiliate Program is provided on an "as is" and "as available" basis and the use of the Affiliate Program is at the Affiliate's own risk.
Market Like Pro Pvt. Ltd. makes no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program.
We will not be liable to you with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. further, notwithstanding anything to the contrary contained in this agreement, in no event shall Market Like Pro Pvt. Ltd.'s cumulative liability to you arising out of or related to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to you under this agreement.
The Affiliate will indemnify and hold harmless Market Like Pro Pvt. Ltd., its directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate's or any third party's operations or use of the Affiliate Program.
You hereby agree to indemnify and hold harmless Market Like Pro Pvt. Ltd. and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate Trademarks infringes on any trade?mark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your Affiliate Site, including, without limitation, its development, operation, maintenance and content therein not attributable to us.
Each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, Market Like Pro Pvt. Ltd. customer and vendor lists, or pricing and sales information (including without limitation commission rates), shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Agreement except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party not under any obligation of confidentiality to the disclosure hereunder. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) pursuant to a valid summon issued by a court or administrative agency of competent jurisdiction, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process including, without limitation, the The Securities and Exchange Board of India Act, 1992, as amended, and the rules and regulations promulgated thereunder. In the event of such disclosure, the receiving party shall give the disclosing party prior notice before releasing any information unless giving such notice is prohibited.
Market Like Pro Pvt. Ltd.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Market Like Pro Pvt. Ltd.’s right to comply with governmental, court and law enforcement determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above.
If any part of this Affiliate Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
GRANT OF LICENSES:
We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Market Like Pro Pvt. Ltd.'s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Market Like Pro Pvt. Ltd. and the good will associated therewith will inure to the sole benefit of Market Like Pro Pvt. Ltd..
Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
This Agreement shall be governed and construed in accordance with the laws of India applicable to agreements made and to be performed in India. You agree that any legal action or proceeding between Market Like Pro Pvt. Ltd. and you for any purpose concerning this agreement or the parties’ obligations hereunder, will first attempt to be resolved with the help of a mutually agreed-upon online mediator. Any costs and fees (other than attorney fees) associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through online mediation, we agree to submit the dispute to binding arbitration at the following location: for legal actions or proceedings between Market Like Pro Pvt. Ltd. and you, in Mumbai, Maharashtra, India under the Arbitration and Conciliation Act, 1996. In no case shall you have the right to go to court or have a trial. You will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
DELEGATION OF DUTIES AND RIGHTS TO THIRD PARTIES:
Market Like Pro Pvt. Ltd. may assign its rights and duties under this agreement to any party at any time without notice to you.
Market Like Pro Pvt. Ltd. may transfer any rights or responsibility that it may have to any person or entity whatsoever. Nothing herein shall alter or encumber the right of Market Like Pro Pvt. Ltd. to transfer any such rights or responsibilities. Any transfer by Market Like Pro Pvt. Ltd. Shall cause this agreement, and any other agreement then in effect (as well as any other contract between you and the transferring party) to transfer simultaneously, all without permission.
NOTE: Elite Marketing Pro reserves the right to update commission amounts at any time.
This Affiliate program agreement was last updated on November 01, 2020.
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