Affiliate - Terms & Conditions
Welcome to Elevar Sports! Thanks for joining our Affiliate program.
These following terms and conditions apply to individuals who are accessing or using the Program both as a merchant (“we” or “merchant”) and an affiliate (“you” or “affiliate”) who refers customers to use product or service from the merchant.
By participating in the Program, Affiliate agrees to use the Program in the manner specified in, and are bound by, these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorized to register as an Affiliate or participate in the Program in any manner.
1. Approve or Reject of the Registration
We reserve the right to approve or reject ANY Affiliate Program Registration in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Registration.
2. Promotion & Applicable Orders
Merchant will provide the Affiliate with an Affiliate link to promote Merchant’s Product & Services. Merchant may also provide Affiliate with a Discount Coupon that can be shared with prospective customers. Affiliate may advertise merchant website on online channels such as Facebook, Instagram, Whatsapp etc.
We use a cookie to track people who have clicked on your link, so they need to be using cookies for us to track them. If a person doesn't allow cookies or clears their cookies then we can't track them so can't pay earnings on that person's activity. Cookie duration (in number of days) is mentioned on the Affiliate registration form. The tracking day will start from the time a customer clicks on the affiliate’s link. Within the cookie time, every order made by this customer at merchant website will automatically result in commissions to the affiliate (There’s no need for the customer to click on the affiliate link then).
Orders are only considered once they have been fully paid for. Therefore, a COD order will only reflect in the system once the customer has accepted delivery and paid for the order. Orders that are returned by customers will not be considered in the commission due. Use of the Affiliate Program is subject to a fair use policy which gives merchant the right to review each and every referral order. The Merchant will decide at its sole discretion what is considered an applicable order for commission payout and Affiliate will have no legal recourse against Merchant for what orders are considered applicable for commission.
3. Commissions and payment
Commission: Refer any customer to make a purchase on our website, you will get a commission amount which is calculated based on Commission structure that will be seen on the Affiliate Program Dashboard. Commission amount is dependent on order value. Merchant reserves the right to change the Commission Structure at any time with immediate effect by providing a notification to the Affiliate via the Affiliate Program Dashboard.
For an Affiliate to receive a commission, you need to specify the payment details on Settings.
Payout Schedule: All dues arising between the 1st to the last day of the month shall be communicated by the Merchant to Affiliate on the 14th day of the next month and shall be paid by Merchant to Affiliate on the 15th of the next month. As mentioned above, Orders that result in charge backs or refunds will not be paid out. In case a refund or return is processed for an order that has commission which has already been paid out in a previous cycle, the commission amount will be deducted from the next payout cycle. In calculating new commissions due by Merchant to Affiliate less refunded order commissions due from Affiliate to Merchant, if the refunded amount of commissions is more than commissions due, then Affiliate is liable to pay the Merchant the due amount. The Merchant reserves sole right to change the Payment Schedule.
4. Term & Termination
The term of the Affiliate Program starts once Affiliate agrees to these terms and conditions and the Merchant approves Affiliate Application. During the term of this agreement, you shall not at any time make untrue, misleading, or negative/derogatory statements relating to the Merchant, any clients, or any Related Corporation or Partnership of the Merchant.
The Merchant can at its sole discretion remove an affiliate from the program with immediate effect. If an affiliate wishes to be removed from the affiliate program, they can do so by contacting the Merchant. At no time after the Termination Date shall you directly or indirectly represent yourself as being interested in or employed by or in any way connected with the Merchant or Merchant or any Related Corporation or Partnership of the Merchant, other than as a former employee of the Merchant.
5. Independent Contractor
This Affiliate Program will not render the Affiliate an employee, partner, agent of, or joint venturer with the Merchant for any purpose and Affiliate does not have the authority to bind the Merchant in any manner. The Affiliate is and will remain an independent Contractor in Affiliate’s relationship to the Merchant. The Affiliate will have no claim against the Merchant hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
6. Non-Competition & Non-Solicitation
Conflict of Interest: You will communicate and fully disclose promptly to the Merchant, any interest, direct and indirect you may have in any contract or proposed contract with the Merchant and to declare the nature of your interest. This includes any interest or shareholding held by immediate family including your spouse, your parents or children in any Company or business which has or may have an interest in any contract with the Merchant.
Anti-Compete: During the term of this Agreement and three (3) months thereafter, the Affiliate shall not directly or indirectly (without the prior written consent of the Merchant) engage, be concerned with or interested in any other business of a similar nature to or competitive with that carried on by the Merchant or any Related Corporation or Partnership of the Merchant.
Non-Solicitation: During the term of this Agreement and three (3) months thereafter, the Affiliate shall not directly or indirectly recruit, solicit, discuss employment with, hire, employ or engage any personnel and/or employee of the Merchant without the prior written consent of the Merchant.
The Affiliate acknowledges that during the engagement, Affiliate will have access to and become acquainted with various trade secrets, inventions, intellectual property, innovations, source code, processes, information, records and specifications owned or licensed by the Merchant and/or used by the Merchant in connection with the operation of its business including, without limitation, the Merchant’s business and product processes, methods, customer lists, login identifications, passwords, accounts and procedures. The Affiliate agrees that Affiliate will not disclose any of the aforesaid, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of this engagement with the Merchant. All files, records, documents, blueprints, specifications, computer files, information, letters, notes, media lists, original artwork/creations, notebooks, and similar items relating to the business of the Merchant, whether prepared by the Affiliate or otherwise coming into Affiliate’s possession, will remain the exclusive property of the Merchant. The Affiliate will not retain any copies of the foregoing without the Merchant’s prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by the Merchant, the Affiliate will immediately deliver to the Merchant all such files, records, documents, specifications, information, and other items in Affiliate’s possession or under Affiliate’s control.
8. Intellectual Property
License to Marks: The term “Marks” shall mean the trademarks, service marks, trade names, logos, slogans and other identifying symbols and indicia of the Merchant. All use of Merchant’s Marks by Affiliate will be in the form and format approved by Merchant. Marks will at all times remain the exclusive property of the Merchant. Merchant does not, and shall not be deemed to, grant Affiliate any license or rights under any intellectual property or other proprietary rights.
9. Other Terms
Force Majeure: The Merchant shall not be held responsible for any consequences or liabilities under this Agreement by reason of restrictive Governmental laws or regulations, riots, insurrection, terrorist action, natural calamity, or acts of God (each a “Force Majeure event”).
Dispute Resolution: Affiliate and the Merchant agree to use their best efforts to settle any disputes regarding the rights or obligations of the parties under this Agreement through negotiation and agreement. Any disputes that cannot be settled in this manner shall be conclusively determined at the sole discretion of the Merchant.
Applicable Law: The Affiliate Program agreement shall be governed by, and construed in accordance with, the laws of India.
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