Affiliate Program Agreement

This Affiliate Program Operational Agreement (" Operational 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 requester. A " Site " means a website. " Partner Site " means the e-commerce/retail partner that uses the GoAffPro affiliate tracking software. " www.lechapeletlaurencon.com " means any website, software application, and mobile application (as defined below) that you link to the Partner Site. " Advertising Fees " means 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 OPERATIONAL AGREEMENT, OR BY CONTINUING TO PARTICIPATE IN THE PROGRAM AFTER WE HAVE POSTED A NOTICE OF AMENDMENT, A REVISED OPERATIONAL AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON THE PARTNER'S WEBSITE, YOU (A) AGREE TO BE BOUND BY THIS OPERATIONAL AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE SUITABLE FOR YOU TO PARTICIPATE IN THE PROGRAM AND THAT YOU ARE NOT RELYING ON ANY REPRESENTATION, WARRANTY, OR STATEMENT OTHER THAN THOSE EXPRESSLY MADE IN THIS OPERATIONAL AGREEMENT; AND (C) HEREBY DECLARE AND WARRANT THAT YOU ARE LEGALLY CAPABLE OF ENTERING INTO CONTRACTS (FOR EXAMPLE, SERVICE CONTRACTS, INSURANCE CONTRACTS, INSURANCE AGREEMENTS, ETC.G., 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, THE PERSON ACCEPTING THIS OPERATING AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY REPRESENTS AND WARRANTS THAT IT IS AUTHORIZED AND LEGALLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS OPERATING AGREEMENT.

 

  1. Program description

The program's objective is to allow you to advertise products on www.lechapeletlaurencon.com and receive advertising fees OR commissions on qualifying purchases (as defined in Article 7) made by your end users. A "product" is any item sold on the partner's website, with the exception of products explicitly defined as excluded products (collectively, " excluded products ").

The product may also include certain services, where applicable, expressly included in the affiliate program's commission schedule. To facilitate your advertising of the products, 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 relating to the products offered on any website other than the partner website.

 

  1. Registration

To begin the registration process, you must submit a complete and accurate program application. You must identify www.lechapeletlaurencon.com 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 www.lechapeletlaurencon.com is not appropriate. Inappropriate sites include, but are not limited to, those that:

 

(a) promote or contain sexually explicit material;

(b) promote violence or contain violent material; 

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

(g) otherwise infringe intellectual property rights. 

If we reject your application, you may reapply at any time. However, if we accept your application and subsequently determine that www.lechapeletlaurencon.com is not suitable, we may terminate this operating agreement at any time and at our sole discretion.

 

You will ensure that the information in your program application and otherwise associated with your account, including your email address, other contact information, and the www.lechapeletlaurencon.com 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 Operational Agreement to the email address then 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.

 

  1. Links on www.lechapeletlaurencon.com

After being notified that you have been accepted into the program, you may display special links on www.lechapeletlaurencon.com. " Special links " are links to the partner site that you place on www.lechapeletlaurencon.com in accordance with this operating agreement, that correctly use the " marked " special link formats we provide, and that comply with the affiliate program's link requirements. Special links allow for accurate tracking, reporting, and accumulation of advertising costs.

 

You may only collect advertising royalties under the conditions described in Article 7 and solely in relation to activity on the partner site occurring directly through specific links. We will not be obligated to pay you advertising royalties if you do not properly format the links from www.lechapeletlaurencon.com to the partner site.


as special links, including to the extent that such failure may result in a reduction of the advertising royalty amounts 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 mobile application name and a link to your mobile application in your application to join the program. The suitability requirements and other requirements of this Section 3 and the Mobile Application Policy 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 served by the Affiliate API or the Partner API (" Affiliate API ") or the Product Advertising API, including any special link displayed in an embedded web browser, and must use the affiliate ID that we have expressly assigned to you for your approved mobile applications.

 

  1. Program requirements

By participating in the program, you agree to comply with the terms of participation in the affiliate program and all pages, schedules, policies, guidelines and other documents and materials mentioned 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 operational documentation. If we determine that you have failed to comply with any requirement or restriction described on the Associate Program Participation Requirements page or in any other operational documentation, or that you have otherwise violated this Operating Agreement, we may (in addition to any other rights or remedies available to us): (a) withhold all advertising royalties payable to you under this Operating Agreement; (b) close any other accounts you may have or open in the future, without payment of advertising royalties; (c) terminate this Operating Agreement; or (d) cancel this Operating Agreement.

(d) undertake all the aforementioned actions. In addition, you hereby authorize us to:

 

  • to send you emails relating to the program from time to time; ● the monitoring, recording, use and disclosure of information about your site and visitors to www.lechapeletlaurencon.com that we obtain as part of your display of special links (for example, that a particular customer clicked on a special link from www.lechapeletlaurencon.com before purchasing a product from the partner site) in accordance with the privacy notice; and
  • monitor, explore and otherwise investigate www.lechapeletlaurencon.com to verify that it complies with this operating agreement and operational documentation.

 

  1. Responsibility of www.lechapeletlaurencon.com

You will be solely responsible for www.lechapeletlaurencon.com, including its development, operation, and maintenance, as well as all elements contained therein. For example, you will be solely responsible for:

 

  • the technical operation of www.lechapeletlaurencon.com and all related equipment;
  • display special links and content on www.lechapeletlaurencon.com in accordance with this operating agreement and operational documentation, as well as any agreement entered into between you and any other person or entity (including any restriction or requirement imposed by any person or entity that hosts www.lechapeletlaurencon.com);
  • the creation and display, and the guarantee of the accuracy, completeness and suitability of the material displayed on www.lechapeletlaurencon.com (including all product descriptions and other information)

documents relating to the products and any information that you include in special links or associate with them);

  • use the content, www.lechapeletlaurencon.com and the material on or in www.lechapeletlaurencon.com in a way that does not infringe, violate or misappropriate 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, www.lechapeletlaurencon.com and the material on or in www.lechapeletlaurencon.com in a manner that is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous or otherwise in any way;
  • disclose on www.lechapeletlaurencon.com accurately and adequately, through a privacy policy or otherwise, how you collect, use, store and disclose data collected from visitors, including, where applicable, the fact that third parties (including us and other advertisers) may serve content and advertisements, collect information directly from visitors and place or recognize cookies on visitors' browsers; and
  • any use you make of GoAffPro content and trademarks, whether or not authorized by this operating agreement.

 

We will not be responsible for these matters or for your end users' claims relating to these matters, and you agree to defend, indemnify and hold harmless us, our affiliates and licensors, and our and their respective employees, officers, directors and representatives, from and against any and all claims, damages, losses, liabilities, costs and expenses (including attorneys' fees) relating to (a) www.lechapeletlaurencon.com or any material that appears on www.lechapeletlaurencon.com, including the combination of www.lechapeletlaurencon.com or such material with other applications, content or processes;

(b) the use, development, design, manufacture, production, advertising, promotion or marketing of www.lechapeletlaurencon.com or any material appearing on or in www.lechapeletlaurencon.com, and all other matters described in this Section 5; (c) your use of any content, whether or not such use is permitted or violates this Operating Agreement, any Operating Documentation or applicable law; (d) your breach of any term or condition of this Operating Agreement or any Operating Documentation; or (e) your or your employees' negligence or willful misconduct.

 

  1. Order processing

We will process product orders placed by customers who follow the special links from www.lechapeletlaurencon.com 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 Qualifying Purchases (defined in Article 7) for reporting and advertising cost accumulation purposes and will provide you with reports summarizing these Qualifying Purchases.

 

  1. Advertising costs

We will pay you advertising fees on qualifying purchases in accordance with Article 8 and the affiliate program commission schedule. In the event that an overpayment has been

 

We reserve the right to adjust or offset any advertising fees paid to you for any reason by deducting them from any advertising fees subsequently paid to you under this operating agreement. Subject to the exclusions set forth below, a " qualifying purchase " occurs when (a) a customer clicks on a special link from www.lechapeletlaurencon.com to the partner site; (b) during a single session, the customer adds a product to their shopping cart and places an order for that product 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 www.lechapeletlaurencon.com to the partner site and ends on the first of the following occurrences: (x) 24 hours have passed since this 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 the following items, for which we will not pay advertising fees:

 

  • 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 www.lechapeletlaurencon.com to the partner site;

 

  • any product purchase that is not properly tracked or reported because the links from www.lechapeletlaurencon.com 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, family, 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 was referred to the partner site by one of the following means:

 

  • paid placement is prohibited; or

 

  • a link to the partner site, including a redirect link, which is 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 as a result of your submitting data to that site or otherwise.

 

  • any qualifying purchase for which you have offered a person or entity consideration or an incentive (including cash, a rebate, a discount, points, a donation to a charity or other organization, or any other benefit) for using the 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 through 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 made in India using a mobile device or tablet:
  • Paid advertising (Pay-Per-Click) is strictly prohibited.
  • Any qualifying purchase for 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.
  • It is forbidden to display on www.lechapeletlaurencon.com web offers of discount vouchers with the mention "reveal discount code" or a similar phrase that encourages the visitor to click to reveal a discount code and to go to the partner's site.
  • 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, firmware update, or firmware-based notifications sent by the equipment manufacturer 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" 

Classification as a Coupon Affiliate will be determined by the Partner at its sole discretion. Factors that may lead to classification as a "Coupon Affiliate" include, but are not limited to:

  1. 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;
  2. the presence of certain words (or their variations or misspellings) in the website URL or in its content, such as "coupons", "offers" or "savings";
  3. a website focused on other merchants and the discounts or promotions they offer, rather than on products, and which presents little original human-generated information.

 

"Prohibited Paid Placement " means an advertisement that you purchased by bidding on keywords, search terms, or other identifiers (including proprietary terms) or by participating in 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 any such word (e.g., "goaffpor"). " Redirect Link " means a link that indirectly directs users to the partner site through an intermediary website or webpage, without the user having to click 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 referral service, or any site participating in any of their respective networks.

 

  1. 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 fee due to you includes all taxes, including services tax, goods and services tax, or any other tax or levy you may be required to pay in connection with these services, for which you will issue a valid invoice in accordance with applicable laws and regulations and report them on your tax returns within the prescribed time limits, so that the partner site can claim an input 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; ● making the invoices available to the partner site;
  • the filing of applicable taxes on a periodic basis; and
  • declare them correctly to the government under tax legislation.

 

If, at any time, the 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 be required to indemnify the partner site and GoAffPro for any denied credit or collected 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, duties, 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 any necessary documentation, if applicable, to enable the partner site and GoAffPro to fulfill any reporting or other obligations regarding the advertising fees payable to you. If we deduct or withhold taxes from the advertising fees payable to you, we will issue you the corresponding withholding tax certificate, if required by applicable law, attesting to the filing of taxes with the appropriate regulatory authorities (for non-residents, this certificate is subject to the provision of relevant documentation). If you provide us with a zero or reduced withholding tax certificate, we will apply that zero or reduced rate as the applicable withholding tax rate to the advertising fees payable to you.

You hereby agree not to pursue any claim against P or any of its affiliates, and you hereby waive any claim you may have now or in the future, with respect to taxes that the partner site and GoAffPro file with a competent tax authority under this operating agreement.

 

  1. Policies and pricing

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.

 

  1. Identify yourself 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 must 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 express 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 www.lechapeletlaurencon.com: "[Insert your name] participates in the GoAffPro Affiliate Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to the partner site."

 

11. Limited License

  1. Subject to the provisions of this operating agreement and solely for the purpose of advertising products on the partner's site and directing end users to that site as part of the program, we hereby grant you a limited, revocable and non-transferable, non-sublicensable, non-exclusive and royalty-free right to (a) copy and display the content only on www.lechapeletlaurencon.com; 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 referred to as " GoAffPro trademarks ") only on www.lechapeletlaurencon.com and in accordance with the affiliate program's trademark guidelines.
  2. All licenses set forth in this Section 11 will terminate immediately and automatically if, at any time, you fail to comply with any obligation arising from this Operating Agreement or any operating documentation within the specified timeframe, or if this Operating Agreement is terminated for any other reason. In addition, we may terminate the license set forth in this Section 11, in whole or in part, by providing you with written notice. You must promptly remove from www.lechapeletlaurencon.com and delete or otherwise destroy all GoAffPro content and trademarks with respect to which the license set forth in this Section 11 is terminated, or as we may otherwise request from time to time.

 

  1. Associates Program Intellectual Property License (" License ")

 

  1. 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 product-related information and content (" product advertising content ") that we may make available to you, you agree to be bound by this license.

 

  1. Subject to the terms of this license and solely for the limited purpose of participating in the Associate 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's advertising content only on www.lechapeletlaurencon.com; (b) use only the GoAffPro trademarks that we make available to you in connection with the product's advertising content, only on www.lechapeletlaurencon.com and in accordance with the trademark guidelines of the Associate Program, unless 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.

 

 

  1. Rights reserved; submissions

Except for the limited licenses expressly stated in Section 11, we reserve all rights, title, and interest (including all intellectual property rights and proprietary rights) in and to, and you do not acquire, under this Operating Agreement or the license hereunder, any interest or proprietary right in or to, the Program, special links, link formats, content, PA API, data feeds, product advertising content, any domain name we own or operate, information and materials on any partner or associated site, our trademarks and logos and those of our affiliates (including the GoAffPro trademarks), and any other intellectual property and technology 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 relating to a product or this Operating Agreement, any content, or your participation in the program, or if you modify any content in any way (collectively, " your submission "), you 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, paid, 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 contribution for any purpose; (c) to use and publish your name as a credit in connection with your submission (however, we are under no obligation to do so); and (d) to sublicense the above-mentioned rights to any other person or entity. In addition, you hereby warrant that: (y) your contribution is your original work or that you obtained it lawfully; and (z) the exercise of our rights and those of our sublicensees under the above license will not infringe the rights 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.

 

  1. Respect for the laws

As part of your participation in the program, you will comply with all applicable Indian laws, including, but not limited to, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions and other requirements of any competent government authority with respect to you.

 

  1. Duration and termination

This Operational Agreement takes effect upon acceptance of your application to participate in the program and ends when either you or we terminate it. You or we may terminate this Operational Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon termination of this Operational Agreement, all licenses you hold in the content will automatically terminate, and you will immediately cease using the content and GoAffPro trademarks. You will also promptly remove from www.lechapeletlaurencon.com and 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 us or on our behalf under this Operational Agreement or in connection with the program. We may withhold any accumulated and unpaid 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 any outstanding payment obligations of ours under this Operating Agreement, which shall survive the termination of this Operating Agreement. No termination of this Operating Agreement shall relieve either party of its liability for any breach of this Operating Agreement or for any liability incurred under it prior to termination.

 

  1. Modification

We may modify 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 then associated with your Partner account (any modification by 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 Partner Program advertising fee schedule, the conditions for participation in the Partner 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 OPERATIONAL AGREEMENT OR REVISED OPERATIONAL DOCUMENTATION ON THE PARTNER'S WEBSITE OR THE DATE SPECIFIED IN ANY EMAIL SENT TO YOU ABOUT THAT CHANGE) CONSTITUTES YOUR BINDING ACCEPTANCE OF THE CHANGE.

 

  1. Relations between the parties

You and we are independent contractors, and nothing in this Operating Agreement or the Operating Documentation creates a partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will not have the 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 www.lechapeletlaurencon.com 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 such action yourself.

 

  1. 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) RELATED TO 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 TO YOU OR PAYABLE UNDER THIS OPERATING AGREEMENT DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT LIABILITY CLAIM OCCURRED.

 

  1. 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 THE TRADEMARKS AND LOGOS OF OUR AFFILIATES (INCLUDING THE GOAFFPRO TRADEMARKS), AND ALL TECHNOLOGY, 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, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE OFFERINGS OF SERVICES. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES CONCERNING THE SERVICE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AS WELL AS ANY WARRANTIES ARISING FROM TRADE, PERFORMANCE, OR TRADE USAGE. 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, THAT THEY WILL OPERATE AS DESCRIBED, CONSISTENTLY, OR IN ANY PARTICULAR MANNER, OR THAT THEY WILL BE UNINTERRUPTED, ACCURATE, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS SHALL BE LIABLE (A) FOR ANY ERRORS, INACCURACIES OR INTERRUPTIONS OF SERVICE, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) FOR ANY UNAUTHORIZED ACCESS TO, OR ALTERATION OF, www.lechapeletlaurencon.com OR ANY DATA, IMAGE, TEXT OR OTHER INFORMATION OR CONTENT, OR FOR ANY DELETION, DESTRUCTION, DAMAGE OR LOSS OF SUCH 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, REFUND, OR DAMAGE RELATED TO (X) ANY LOSS OF POTENTIAL PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENT, EXPENSE, OR COMMITMENT 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.

 

  1. Applicable law and disputes

This operating agreement is 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 related to or arising out of or in any way in connection with the program or this operating agreement.

 

Notwithstanding any provision to the contrary in this Operating Agreement, we may seek injunctive relief or other remedies from any court of competent jurisdiction in the event of an actual or alleged infringement of our intellectual property rights 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 monetary damages.

 

  1. 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 yours. You may not assign.

This Operating Agreement may not be modified, by operation of law or otherwise, without our prior written consent. Subject to this restriction, this Operating Agreement is binding upon, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to require strict performance of any provision of this Operating Agreement shall not constitute a waiver of our right to subsequently enforce that 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 shall prevail over this Operating Agreement, which shall prevail over the remainder of the Operational Documentation. Whenever used in this Operating Agreement, the terms "include," "including," "for example," and "e.g." mean, respectively, "include without limitation," "including without limitation," "e.g. without limitation," and "e.g. without limitation." Any decision or update we may make, any action we may take, and any approval we may give under this Operating Agreement may be made or given at our sole discretion. Any information about us or our affiliates that we provide under this Operating Agreement and that is not publicly available is considered "Confidential Information." You agree that: (a) all Confidential Information will remain the exclusive property of GoAffPro; (b) you will use Confidential Information only to the extent reasonably necessary for the performance of this Operating Agreement and you will ensure that those who have access to Confidential Information are aware of and comply with the obligations of this provision; and (c) you will not disclose Confidential Information to any individual, company, or 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 if we require it to cooperate with and/or comply with 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 designated on, or owned or controlled by, any list of prohibited or restricted parties, including, but not limited to, lists maintained by the United Nations Security Council, the United States government (for example, the U.S. Treasury Department's Specially Designated Nationals List and Foreign Sanctions Evaders List and the U.S. Department of Commerce's Entity List), the European Union or its Member States, or any other applicable governmental authority.

 

MOBILE APPLICATION POLICY 

These Mobile Guidelines (“ Mobile Guidelines ”) apply to the inclusion of special links in your approved mobile application. “We,” “us,” or “our” means GoAffPro.com, its partner sites, or any of its affiliates, as applicable. “You” refers to the user agent of the account associated with 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 Application Guidelines is required at all times, and any violation of these Guidelines will automatically terminate the Operating Agreement.

 

Your mobile application:


  1. must be downloadable free of charge and all reference links must be accessible without payment;
  2. must have original content;
  3. must not imitate the functionality of our partner site's shopping application (if there is one);
  4. must not have price tracking and/or price alert functionality unless GoAffPro or its partner site approves it in advance in writing;
  5. 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 the GoAffPro website or the partner's website. IF A CHANGE IS UNACCEPTABLE TO YOU, YOUR SOLE REMEDY IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM. CONTINUING TO INCLUDE SPECIAL LINKS IN YOUR APPROVED MOBILE APP AFTER THE POSTING OF A CHANGE NOTICE OR A REVISED MOBILE APP POLICY ON THE PARTNER'S WEBSITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

 

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

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