Questions about the affiliate program?

Discover the terms and details of our affiliate program just below.

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” refers to GoAffPro.com and the Partner Website. “You” or “your” refers to the applicant. A “Site” means a website. “Partner Site” means the e-commerce/retail partner using the GoAffPro affiliate tracking software. “Your Site” means any website, software application, and mobile application (as defined below) that you link to the Partner Site. “Advertising Fees” means the commissions earned for a successful and verified sale of a product on the Partner Site by a customer using your referral link.

BY CHECKING THE BOX INDICATING THAT YOU ACCEPT THE TERMS AND CONDITIONS OF THIS OPERATING AGREEMENT, OR BY CONTINUING TO PARTICIPATE IN THE PROGRAM AFTER OUR PUBLICATION OF A NOTICE OF AMENDMENT, A REVISED OPERATING AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON THE PARTNER'S WEBSITE, YOU (A) AGREE TO BE BOUND BY THIS OPERATING AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE OPPORTUNITY TO PARTICIPATE IN THE PROGRAM AND THAT YOU WILL NOT RELY ON ANY REPRESENTATION, WARRANTY, OR STATEMENT OTHER THAN THOSE EXPRESSLY STATED IN THIS OPERATING AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LEGALLY CAPABLE OF ENTERING INTO CONTRACTS (FOR EXAMPLE, YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS OPERATING AGREEMENT. FURTHERMORE, IF THIS OPERATING AGREEMENT IS ACCEPTED BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON ACCEPTING THIS OPERATING AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT THEY ARE AUTHORIZED AND LEGALLY CAPABLE OF BINDING THAT COMPANY OR ENTITY TO THIS OPERATING AGREEMENT.

1. Program Description

The purpose of the program is to allow you to advertise products on your site and earn advertising fees OR commissions on qualifying purchases (as defined in Section 7) made by your end users. A "Product" means any item sold on the partner's website, other than products explicitly defined as excluded herein (collectively, "Excluded Products"). The product may also include certain services, if applicable, expressly included in the affiliate program's commission schedule. To facilitate your product advertising, we may provide you with data, images, text, link formats, widgets, links, and other linking tools, as well as other information related to the program ("Content"). Content specifically excludes any data, images, text, or other information or content related to the products offered on any site other than the partner's site.

2. Registration

To begin the enrollment process, you must submit a complete and accurate program application. You must identify your site in your application. We will evaluate your application and notify you of its acceptance or rejection. We may reject your application at our sole discretion, including if we determine that your site is unsuitable. Unsuitable sites include those that:

(a) promote or contain sexually explicit content;

(b) promote violence or contain violent content;

(c) promote or contain defamatory or libelous material;

(d) promote discrimination or employ discriminatory practices based on race, sex, religion, nationality, disability, sexual orientation or age;

(e) promote or undertake illegal activities;

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

(g) otherwise infringe intellectual property rights.

If we reject your application, you are free to reapply at any time. However, if we accept your application and later determine that your site is not suitable, we may terminate this operating agreement at any time at our sole discretion.

You will ensure that the information in your program application and otherwise associated with your account, including your email address and other contact information and your site identifier, is at all times complete, accurate, and up-to-date. We may send notifications (if applicable), approvals (if applicable), and other communications relating to the program and this Operating Agreement to the email address then currently associated with your program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.

3. Links on your site

Once you have been notified that you have been accepted into the program, you may display special links on your site. "Special links" are links to the partner site that you place on your site in accordance with this operating agreement, that correctly use the "tagged" special link formats we provide, and that comply with the linking requirements of the affiliate program. Special links enable accurate tracking, reporting, and accounting of advertising costs.

You may only collect advertising fees as described in Section 7 and only in respect of activity on the Partner Site occurring directly through special links. We will have no obligation to pay you advertising fees if you fail to properly format links on your site to the Partner Site as special links, including to the extent that such failure may result in a reduction of the advertising fees that would otherwise be paid to you under 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 portable devices (“Mobile Application”), you must include the name of the Mobile Application and a link to your Mobile Application in your application to the program. The suitability and other requirements of this Section 3 and the Mobile Application Policy will apply to Mobile Applications. We will evaluate your application and notify you of its acceptance or rejection. An accepted Mobile Application will be an “Approved Mobile Application” for the purposes of this agreement.

Special links displayed in approved mobile applications may be provided by the Affiliate API or Partner API (“Affiliate API”) or Product Advertising API, including special links displayed in an embedded web browser, and must use the affiliate ID that we have expressly assigned to you for your approved mobile applications.

4. Program Requirements

By participating in the program, you agree to comply with the requirements for participation in the affiliate program and all pages, schedules, policies, guidelines and other documents and materials referenced in this operating agreement (collectively, the "Operating Documentation").

You will provide us with all information we request to verify your compliance with this Operating Agreement or any other operating documentation. If we determine that you have failed to comply with any requirement or restriction described on the Affiliate Program Participation Terms page or in any other operating documentation, or that you have violated this Operating Agreement, we may (in addition to any other rights or remedies available to us): (a) withhold advertising fees owed to you under this Operating Agreement; (b) close any other accounts you may have or may open in the future, without payment of advertising fees; (c) terminate this Operating Agreement; or (d) take any of the above actions. In addition, you hereby consent to us:

we send you emails about the program from time to time;
monitor, record, use, and disclose information about your site and your site visitors that we obtain in connection with your display of special links (for example, that a particular customer clicked on a special link on your site before purchasing a product from the partner site) in accordance with the privacy notice; and
we monitor, explore and otherwise examine your site to verify compliance with this operating agreement and operational documentation.

5. Responsibility for your site

You will be solely responsible for your website, including its development, operation, and maintenance, as well as all elements appearing on it. For example, you will be solely responsible for:

the technical operation of your site and all associated equipment;
the display of special links and content on your site in accordance with this operating agreement and operational documentation, as well as any agreement between you and any other person or entity (including restrictions or requirements imposed on you by any person or entity that hosts your site);
the creation and publication, as well as the guarantee of the accuracy, completeness and relevance of the elements published on your site (including all product descriptions and other product-related elements, as well as any information that you include in or associate with special links);
the use of the content, your site and the elements on or in your site in a way that does not infringe, violate or misappropriate any of our rights or those of any other person or entity (including copyright, trademark, privacy, publicity or other intellectual property or proprietary rights);
use the Content, your site and the elements on or in your site in a manner that is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous or otherwise in any way;
disclose on your site accurately and adequately, either through a privacy policy or otherwise, how you collect, use, store and disclose data collected from visitors, including, where applicable, that third parties (including us and other advertisers) may serve content and advertisements, collect information directly from visitors and place or recognize information.

6. Order Processing

We will process product orders placed by customers who follow special links from your site to the partner site. We reserve the right to reject orders that do not comply with the partner site's requirements, as these may be updated from time to time. We will track eligible purchases (as defined in Section 7) for reporting and advertising cost accrual purposes and will provide you with reports summarizing these eligible purchases.

7. Advertising costs

We will pay you advertising fees on qualifying purchases in accordance with Section 8 and the Affiliate Program Commission Schedule. If you have received an overpayment for any reason, we reserve the right to adjust or offset it against any subsequent advertising fees due to you under this Operating Agreement. Subject to the exclusions set forth below, a "qualifying purchase" occurs when (a) a customer clicks a special link on your site to the partner site; (b) in a single session, the customer adds a product to their cart and completes the purchase within 89 days of the customer's initial click; or (c) the product is shipped to and paid for by the customer.

A "session" begins when a customer clicks on a special link from your site to the partner site and ends as soon as the first of the following events occurs: (x) 24 hours have passed since 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 special link.

Eligible purchases exclude, and we will not pay advertising fees on, any of the following:

any product which, after the applicable session expires, is added to a customer's shopping cart, or is streamed or downloaded by a customer, even if the customer previously followed a special link from your site to the partner site;

any product purchase that is not properly tracked or reported because the links from your site to the partner site are not properly formatted;

any product purchased through a special link by you or on your behalf, including products you purchase through special links for yourself, your friends, relatives, or associates (e.g., personal orders, orders for your own use, and orders placed by you for or on behalf of any other 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 is redirected to the partner site by one of the following means:

paid search placement is prohibited; or

a link to the partner site, including a redirect link, generated or displayed on a search engine in response to a general Internet search query or keyword (i.e., in natural, free, organic or unpaid search results), whether such links appear via your submission of data to that site or otherwise.

any qualifying purchase in which you have offered any person or entity consideration or incentive (including cash, a discount, a rebate, points, a donation to a charity or other organization, or any other benefit) for the use of special links (for example, by implementing a "rewards" or loyalty program that incentivizes people or entities to visit the partner site through your special links).

any product purchased via a special link in a mobile application that was not an approved mobile application or where the special link in an approved mobile application was not served by the AMA API, the Product Advertising API or other linking tools that we make available to you.

any eligible purchase, which takes place in India, made via a mobile device or tablet in which:

Pay-per-click advertising is strictly prohibited.

Any eligible purchase in which the affiliate has posted links or their coupon code on a "coupon website" is strictly prohibited. For the definition of a coupon website, see below.

Posting coupon offers on your website with "reveal coupon code" or a similar phrase that entices the visitor to click to reveal a coupon code and go to the partner's site is prohibited.

The partner site's mobile application is pre-loaded by the original equipment manufacturer ("OEM") onto the device or tablet; or

The partner site's mobile application is installed via a maintenance release or firmware update, or via firmware-based notifications sent by the OEM or notification partner; or

The partner site's mobile application is installed from a source other than the Google Play Store or iOS App Store.

"Coupon website"

Whether you are classified as a coupon affiliate will be determined by the partner at their sole discretion. Factors that may lead to classification as a "coupon affiliate" include, but are not limited to

the presence of coupon offers, particularly from many different merchants, on the affiliate's website, especially if these coupons represent many different merchants and/or are indexed or organized in a directory;

the presence of certain words (or variants or misspellings thereof) in the website URL or highlighted in the website content, such as "coupons", "offers" or "savings";

a website that focuses on other merchants and the discounts or promotions they offer, rather than on products, and that features little original human-generated content.

“Prohibited Paid Search Placement” means an advertisement that you purchased by bidding on keywords, search terms, or other identifiers (including proprietary terms) or by participating in other keyword auctions. “Proprietary Term” means keywords, search terms, or other identifiers that include the word “goaffpro” or any other trademark of GoAffPro or its affiliates, or variations or misspellings of such words (e.g., “goaffpor”). “Redirect Link” means a link that indirectly directs users to the partner site through an intermediary website or webpage without requiring the user to click on a link or perform any other positive 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 ranking service, or any site that participates in any of their respective networks.

8. Payment of advertising fees

We will pay you advertising fees on a monthly basis for eligible purchases shipped, streamed, or downloaded (as applicable) during a given month, subject to any applicable withholding or deductions described below. We will pay you approximately 60 days after the end of each calendar month, but we may accumulate and withhold advertising fees until the total amount owed to you is at least INR 1,000 in the case of NEFT transfers.

The advertising fees due to you include all taxes, including applicable services tax or goods and services tax, or any other tax or levy you may be required to pay in connection with these services. You will issue a valid invoice in accordance with applicable laws and regulations and report it on your tax returns within the prescribed timeframe so that the partner site can claim a tax credit for the taxes paid. You agree to comply with all applicable provisions of this law, including, but not limited to:

the timely issuance of invoices compliant with GST;
the provision of invoices on the partner site;
the filing of applicable taxes on a periodic basis; and
declare them correctly to the government in accordance with tax laws.

If at any time a tax credit is denied or tax payment is demanded from the Partner Site or GoAffPro due to, but not limited to, the issuance of an incorrect invoice, failure to pay taxes, improper reporting on filed returns, or your failure to comply with applicable laws and regulations, you will indemnify the Partner Site and GoAffPro against any denied credit or recovered tax, as well as any interest and penalties imposed on the Partner Site and GoAffPro. If required by applicable Indian tax law, we may deduct or withhold taxes, levies, or similar amounts from the advertising fees payable to you. If you are an Indian resident, the advertising fees payable to you will be subject to income tax withholding at the rate stipulated by applicable law. If you are not an Indian resident or have not provided us with your PAN (Permanent Account Number), the applicable tax withholding rate will vary. Furthermore, if you are a non-resident, you agree to provide the necessary documentation, as required, to enable the Partner Site and GoAffPro to fulfill any reporting or advertising fee obligations owed to you. If we deduct or withhold taxes from the advertising fees owed to you, we will issue you the corresponding withholding certificate, if required by applicable law, proving that the taxes have been deposited with the appropriate regulatory authorities (for non-residents, this is subject to the relevant documentation being made available). If you provide us with a zero or reduced withholding certificate, we will apply that zero or reduced withholding rate as the applicable withholding rate on the advertising fees owed to you. You hereby agree not to bring any legal action against P or any of its affiliates, and hereby waive any claims you may have now or in the future, regarding taxes that the Partner Site and GoAffPro file with a competent tax authority in accordance with this Operating Agreement.

9. Policies and tariffs

Customers who purchase products through this program are considered customers of the partner site for all activities they undertake in connection with the partner site. Therefore, between you and us, all prices, terms of sale, rules, policies, and operational procedures concerning customer orders, customer service, and product sales stated on the partner site will apply to those customers and may be modified at any time.

10. Identification 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 stating or implying that we support, sponsor, endorse, or contribute to any charity or other cause), nor will you state or imply any relationship or affiliation between us and you or any other person or entity, except as expressly permitted by this Operating Agreement. You must, however, clearly state the following on your site: “[Insert your name] participates in the GoAffPro Affiliate Program, an affiliate advertising program designed to provide sites with a means to earn advertising fees by advertising and linking to the partner site.”

11. Limited License

Subject to the terms of this Operating Agreement and solely for the limited purpose of advertising Products and directing end users to the Partner Site as part of the Program, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, and royalty-free license to (a) copy and display the Content only on your site; and (b) use only our trademarks and logos that we may make available to you as part of the Content (such trademarks and logos, collectively, the "GoAffPro Trademarks") only on your site and in accordance with the Trademark Guidelines of the Affiliate Program.

All licenses set forth in this Section 11 will terminate immediately and automatically if, at any time, you fail to comply in a timely manner with any obligation under this Operating Agreement or any Operational Documentation, or otherwise terminate this Operating Agreement. In addition, we may terminate the license set forth in this Section 11, in whole or in part, upon written notice. You will promptly remove from your site and delete or otherwise destroy all Content and GoAffPro Trademarks for which the license set forth in this Section 11 is terminated, or as we may otherwise request from time to time.

Affiliate Program Intellectual Property License (“License”)

By accepting the Operating Agreement, or by accessing or using the Product Advertising Content (as defined below), including proprietary application programming interfaces and other tools (collectively, the “PA API”) that allow you to access and use certain types of data, images, text, and other information and content related to the Products (“Product Advertising Content”) that we may make available to you, you agree to be bound by this License.

Subject to the terms 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 Documents), we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, and royalty-free license to: (a) copy and display the Product Advertising Content only on your Site; (b) use only those GoAffPro trademarks that we make available to you in connection with the Product Advertising Content, only on your Site and in accordance with the Affiliate Program trademark guidelines, except as otherwise provided in this Operating Agreement; and (c) access and use the PA API, data feed, and Product Advertising Content only in accordance with the specifications and this License.

12. Reservation of rights; Submissions

Except for the limited licenses expressly set forth in Section 11, we reserve all rights, title, and interest (including all intellectual property and proprietary rights) in and to the Program, Special Links, link formats, Content, PA API, Data Feeds, Product Advertising Content, any domain name owned or operated by us, information and materials on any Partner Site or Associated Site, our trademarks and logos and those of our affiliates (including the GoAffPro Marks), and all other intellectual property and technology that we provide or use in connection with the Program (including application programming interfaces, software development kits, libraries, code samples, and related documentation), and you do not acquire, under this Operating Agreement or the License below, any ownership or interest in and to the Program, Special Links, link formats, Content, PA API, Data Feeds, Product Advertising Content, or any domain name owned or operated by us. by us, the information and materials on any Partner Site or Associated Site, our trademarks and logos and those of our affiliates (including the GoAffPro Marks), and any other intellectual property and technology that we provide or use in connection with the Program (including application program interfaces, software development kits, libraries, code samples and related materials).

If you provide us or any of our affiliates with suggestions, reviews, modifications, data, images, text, or other information or content about 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 to us all rights, title, and interest in and to Your Submission and grant us (even if you have designated Your Submission as confidential) a perpetual, royalty-free, non-exclusive, worldwide, irrevocable, and 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 the form of a credit in conjunction with Your Submission (however, we will have no obligation to do so); and (d) sublicense the above rights to any other person or entity. In addition, you hereby warrant that: (y) your submission is your original work or that you obtained your submission lawfully; and (z) our exercise and that of our sublicensees of the rights under the above license will not infringe any right of any person or entity, including copyright. You agree to provide us with any assistance we may need to document, improve, or maintain our rights in your submission.

13. Respect for the laws

As part of 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.

14. Duration and termination

This Operating Agreement will begin upon our acceptance of your application to participate in the Program and will end when either you or we terminate it. Either you or we may terminate this Operating Agreement at any time, with or without cause, by providing the other party with written notice of termination. Upon termination of this Operating Agreement, all licenses you hold in the Content will automatically terminate, and you will immediately cease using the Content and the GoAffPro Trademarks and promptly remove from your site, and otherwise delete or destroy, all links to the Partner Site, all GoAffPro Trademarks, all other Content, and all other materials provided or made available to you by or on our behalf under this Operating Agreement or otherwise in connection with the Program. We may withhold any outstanding advertising fees for a reasonable period after termination to ensure that the correct amount is paid (for example, to account for cancellations or returns). Upon termination of this Operating Agreement, all rights and obligations of the parties shall be extinguished, except for the rights and obligations of the parties under Articles 5, 9, 10, 12, 13, 14, 16, 17, 18, 19, and 20, and all outstanding payment obligations of ours under this Operating Agreement shall survive the termination of this Operating Agreement. No termination of this Operating Agreement shall relieve either party of any liability for any breach of this Operating Agreement or any liability arising therefrom prior to the termination.

15. Modification

We may modify any of the terms and conditions contained in this Operating Agreement (and any operational documentation) at any time and at our sole discretion by posting a notice of modification, a revised agreement, or revised operational documentation on the Partner Site or by sending you a notice of modification via email to the email address currently associated with your Associate account (any modification via email will be effective on the date specified in such email and will in no event be less than two business days after the date the email was sent). Modifications may include, for example, changes to the Associate Program advertising fee schedule, the conditions for participation in the Associate Program, payment procedures, and other program requirements. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR SOLE REMEDY IS TO TERMINATE THIS OPERATING AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM AFTER THE EFFECTIVE DATE OF ANY CHANGE (FOR EXAMPLE, THE DATE OF OUR PUBLICATION OF A NOTICE OF CHANGE, A REVISED OPERATING AGREEMENT OR REVISED OPERATIONAL DOCUMENTATION ON THE PARTNER'S WEBSITE OR THE DATE SPECIFIED IN ANY EMAIL SENT TO YOU CONCERNING SUCH A CHANGE) CONSTITUTES YOUR MANDATORY ACCEPTANCE OF THE CHANGE.

16. Relationship between the parties

You and we are independent contractors, and nothing in this Operating Agreement or the Operational Documentation will create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our behalf or on behalf of our affiliates. You will not make any statement, whether on your website or otherwise, that contradicts or may contradict anything in this section. If you authorize, assist, encourage, or facilitate any other person or entity to take any action related to the purpose of this Operating Agreement, you will be deemed to have taken the action yourself.

17. Limitation of Liability

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE OR DATA) ARISING OUT OF THIS OPERATING AGREEMENT, THE PROGRAM, THE OPERATIONAL DOCUMENTATION, THE PARTNER SITE, THE GOAFFPRO SITE OR THE SERVICE OFFERINGS (DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, OUR TOTAL LIABILITY ARISING FROM THIS OPERATING AGREEMENT, THE PROGRAM, THE PARTNER SITE, THE GOAFFPRO SITE AND SERVICE OFFERS SHALL NOT EXCEED THE TOTAL ADVERTISING FEES PAID OR PAYABLE ON YOUR BEHALF UNDER THIS OPERATING AGREEMENT DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE MOST RECENT EVENT GIVING RISE TO THE LIABILITY CLAIM OCCURRED.

18. Disclaimer

THE PROGRAM, THE GOAFFPRO SITE, THE PARTNER SITE, ALL PRODUCTS AND SERVICES OFFERED ON THE PARTNER SITE, ALL SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, THE GOAFFPRO.COM DOMAIN NAME AND TRADEMARKS AND LOGOS OF OUR AFFILIATES (INCLUDING THE GOAFFPRO TRADEMARKS), AND ALL TECHNOLOGIES, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE "SERVICE OFFERS") ARE PROVIDED "AS IS". NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, REGARDING THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES CONCERNING THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM ANY COURSE 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 AT OUR SOLE DISCRETION. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT SERVICE OFFERS WILL CONTINUE TO BE PROVIDED, OPERATE AS DESCRIBED, CONSISTENTLY, OR IN ANY PARTICULAR MANNER, OR BE UNINTERRUPTED, ACCURATE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE (A) FOR ANY ERRORS, INACCURACIES, OR INTERRUPTION OF SERVICE, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO, OR ALTERATION, DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGE, 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 SITE, OR AFFILIATE PROGRAM SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS OPERATING AGREEMENT. FURTHERMORE, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY COMPENSATION, REIMBURSEMENT OR DAMAGES ARISING FROM (X) ANY LOSS OF PROFITS OR POTENTIAL REVENUE, ANTICIPATED SALES, CUSTOMER SERVICE OR OTHER BENEFITS, (Y) ANY INVESTMENT, EXPENSES OR COMMITMENTS BY YOU IN CONNECTION WITH THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY TERMINATION OF THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM.

19. Applicable Law and Disputes

This Operating Agreement shall be governed by the laws of the Republic of India, without regard to its conflict of laws principles. The courts of [Haryana] shall have exclusive jurisdiction over any dispute relating to or arising out of or in any way in connection with the Program or this Operating Agreement.

Notwithstanding anything to the contrary in this Operating Agreement, we may seek injunctive or other relief from any court of competent jurisdiction for any actual or alleged infringement of our intellectual property or proprietary rights or those of any other person or entity. You further acknowledge and agree that our rights in the Content are special, unique, and extraordinary, giving them a particular value, the loss of which cannot be readily estimated or adequately compensated by damages.

20. Miscellaneous

You acknowledge and agree that we and our affiliates may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Operating Agreement or operate sites similar to or competing with your site. You may not assign this Operating Agreement, by operation of law or otherwise, without our express prior written consent. Subject to this restriction, this Operating Agreement will be binding upon, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to strictly enforce any provision of this Operating Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Operating Agreement. In the event of any conflict between this Operating Agreement and the Operational Documentation, the Products Excluded from the Affiliate Program page will prevail over this Operating Agreement, which will prevail over the remainder of the Operational Documentation. Whenever used in this Operating Agreement, the terms “include,” “including,” “for example,” and “for instance” mean, respectively, “include, without limitation,” “including, without limitation,” “for example, without limitation,” and “for example, without limitation.” All decisions or updates we may make, actions we may take, and approvals we may give under this Operating Agreement may be made, taken, or given at our sole discretion. Any information about us or our affiliates provided by us under this Operating Agreement that is not publicly available is considered “Confidential Information.” You agree that: (a) all Confidential Information will remain the exclusive property of GoAffPro; and (b) you will use Confidential Information only to the extent reasonably necessary for your performance under this Operating Agreement and ensure that any persons who have access to Confidential Information are informed of and comply with the obligations of this provision. and (c) you will not disclose Confidential Information to any person, company, or other third party (other than your affiliates). You agree that we may, at our sole discretion, disclose or make available any information provided or submitted by you or related to your performance under this Operating Agreement to any judicial, quasi-judicial, governmental, regulatory, or other authority that we may require to cooperate with and/or comply with any of their orders, instructions, or directives, or to satisfy any requirement under applicable law. You represent and warrant that you and your financial institution(s) are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such party, including, but not limited to, lists maintained by the United Nations Security Council, the U.S. government (for example, the U.S. Treasury Department's Specially Designated Nationals List and Foreign Sanctions Defrauders List and the U.S. Department of Commerce's Entity List), the European Union or its Member States, or any other competent governmental authority.

MOBILE APPLICATION POLICY

These Mobile Guidelines (“Mobile Guidelines”) apply to your inclusion of special links in your approved mobile application. “We,” “us,” or “our” refers to GoAffPro.com, its partner sites, or one of its affiliates, as applicable. “You” refers to the user agent of the associated account linked to the approved mobile application. All capitalized terms used below that are not defined on this page have the meanings given to them in the Operating Agreement. Strict adherence to these Mobile Guidelines is required at all times, and any violation of these Mobile Guidelines will automatically terminate the Operating Agreement.

Your mobile application:

must be downloadable for free and all referral links must be accessible without paying for access;
must have original content;
must not emulate the shopping application functionality of our partner site (if applicable);
must not have price tracking and/or price alert functionality, unless prior written approval is obtained from GoAffPro or its partner site;
must not host or render the partner site's web pages in WebViews.

We may modify this Mobile App Policy at any time and at our sole discretion by posting a change notice or a revised Mobile App Policy on GoAffPro or the partner site. IF A CHANGE IS UNACCEPTABLE TO YOU, YOUR SOLE REMEDY IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM. YOUR CONTINUED INCLUSION OF SPECIAL LINKS IN YOUR APPROVED MOBILE APP AFTER OUR POSTING OF A CHANGE NOTICE OR A REVISED MOBILE APP POLICY ON THE PARTNER SITE CONSTITUTES YOUR MANDATORY ACCEPTANCE OF THE CHANGE.

We reserve the right, exercisable at our sole discretion, to take appropriate action against any unauthorized use or any use that does not comply with this mobile application policy.