This Affiliate Agreement is an electronic record in terms of Information Technology Act, 2000 and rules here under is applicable and the amended provisions pertaining to electronic records in various statutes is amended by the Information Technology Act, 2000.
The Website is an e-learning platform, which has the following offerings:
- Self-paced recorded programs
- Live interactive courses
- Classroom trainings
This Affiliate Agreement is a legally binding document between the Affiliate (‘You’) and the Website (‘We/Us’). This agreement will be effective upon Your acceptance of the same and will govern the relationship and transaction between You and the Website for the use of the Services offered through the Website.
BASIC TERMS & CONDITIONS
- You will be provided with an affiliate dashboard which you can use for referring links to our various offerings under Elearnmarkets.com
- You as an affiliate will be eligible for a Commission on every Qualified purchase.
Note: i. Revenue Generated is the amount of money that a company actually receives during a specific period excluding taxes, including discounts and deductions for canceled purchases. It is the top line or gross income figure from which costs are subtracted to determine net income.
ii. Qualified Purchase-The Sale with full payment settlement is termed as Qualified Purchase.
- The commission will be calculated on the 10th of every month, for the previous calendar month. The minimum amount for payout is Rs 200. Below that, it will be carried forward to next month.
- The company has zero tolerance for any Affiliates associated with Spam. The accounts of the Affiliates associated with spam will be immediately terminated as soon as the violation is verified. The company may also cancel the Affiliate’s application if we determine that the Affiliate site is not suitable for the company program.
The Affiliate shall be eligible to register themselves on the Website if they are competent to maintain the contract under the Indian Contract Act, 1872 and if they are registered Users on the Website, who have created an account. The Affiliate shall not be permitted to link their social media accounts in lieu of registration on the Website and shall be required to create a standalone Affiliate account. The Affiliate shall be obligated to provide correct and true information to the Website at the time of registration and shall update any changes to such information as may be applicable, from time to time, in a timely manner.
The Affiliate can register on the Website at the URL at https://www.elearnmarkets.com/affiliate. The Website reserves the right to approve or deny registration of Affiliates, based on the following eligibility criteria, amongst others:
- Location of the Affiliate
- Their willingness to work closely with the Website
- Support in promoting the products through their social circle and networks
- Reputation of the Affiliate
- Affiliate site suitability as per our Products
- All documents as per the policy
The Website shall have final discretion in approving and rejecting requests and the same cannot be challenged or questioned by the Users or potential Affiliates.
RIGHTS AND OBLIGATIONS OF THE COMPANY
- The Company shall be entitled to withhold payment to the Affiliate for a reasonable period, to be determined at the discretion of the Company, in order to ensure that all qualified purchases are valid and payment from customers referred by the Affiliate are legitimate. Any decision made by the Company in this regard shall be deemed to be final.
- The Company shall share an affiliate code with the Affiliate and may also share creatives with the Affiliates for certain offerings.
- The Company shall receive course fees directly from users and shall only transfer commission fees as laid out hereinbelow to the Affiliates.?
OBLIGATIONS OF THE AFFILIATE
- The Affiliate shall promote the offerings of the Website on social media, blogs, through email and other online media
- The Affiliate shall cooperate fully with the Company to establish and maintain links provided by the Company to the Affiliate through the Website.
- The Affiliate shall carry out their promotional activities using links for that express purpose that are supplied by the Website.
- The Affiliate shall have to stay updated about the various offerings of the Website and check the Website periodically.
- The Affiliate shall be permitted to post content pertaining to discounts that may be offered from time to time by the Website.
- The Affiliate shall be permitted to post content that pertains to coupons, discounts or offers provided by the Company exclusively through the Affiliate program by utilizing links or banners circulated by the Company for that express purpose.
- The Affiliate shall be mandated to submit certain documents including Pan Card, ID proof and bank account details to the Company.
- Every Affiliate shall be eligible to earn commission fees (‘Affiliate Commission’) on every qualified purchase made by a user during the term of affiliateship.
- The Affiliate Commission shall be calculated as a certain percentage of the net sale proceeds of every qualified purchase, being the listed price deducting any discount (whether such discounts are generic or exclusive to the Affiliate Program), payment gateway charges and any other direct cost.
- The Affiliate Commission percentage shall be decided on a case-by-case basis with mutual consent between the Company and the Affiliate, between the time of registration and prior to activation of the Affiliate account by the Company – and may be altered at any time by the Company at its sole discretion. Approval of an Affiliate by the Website subsequent to registration may take up to 30 days.
- The Affiliate Commission shall only be reflected in the Affiliate dashboard upon completion of 7 days from the date of successful sale of the e-products wherein the Affiliate code was used.
- All redeemed Affiliate Commissions shall be credited to the registered bank account of the Affiliate in accordance with the payment cycle mentioned hereinabove.
- Any applicable tax rules are to be considered, in accordance with prevailing laws in force.
- The Affiliate Commission shall be paid as per point 5 above on or before the 20th calendar date of every month, for the previous month.
- In the event that a student who has availed of the services of the Website pursuant to the promotional activities of a specific Affiliate seeks a refund thereafter and succeeds, the Affiliate Commission paid to such Affiliate pursuant to the refunded qualified purchase shall be refunded to the Company.
- If the Affiliate is found to not be working in the interest of Users or creating negative discourse about the Website/products, the Website reserves the right to block the Affiliate account, providing 15 days’ prior intimation.
- The Website has sole discretion to unilaterally block, suspend or cancel the account of any Affiliate in accordance with its policies.?
- The Affiliate shall not misrepresent the relationship held by and between the Parties to this Agreement nor their participation in the Affiliate programme with the Website. The Affiliate, further, shall not be entitled to make any binding commitments or enter into any transactions on behalf of the Website, without the prior informed consent of the Website.
- Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The Affiliate shall have no authority to make or accept any offers or representations on our behalf. The Affiliate will not make any statement on any forum that reasonably would contradict anything in this clause.
This Affiliate Agreement may be amended at any time by the Website, without prior intimation to the Affiliate.