In this Terms of Service (the “Agreement”) are an agreement between Newsys Solution Private Limited (“Newsys” or “us” or “our”) and you (“Customer,” “you” or “your”). regarding the Newsys Affiliate Program (“Program”). The purpose of this Agreement is to allow HTML linking between your website and www.newsys.in.
Only individuals 18 years of age or older may participate in this service. You must provide Newsys with up-to-date, complete and accurate information. You must use your own website and identity in the sign-up process and may not assume a false or another person’s or entity’s identity or place advertiser paid links on a website without authorization. Any Affiliate found to be placing Advertiser paid links on an unauthorized website will be automatically shut down and all earnings shall be immediately forfeited.
Newsys reserves the right to change this agreement at any time, at our discretion, without notice to its affiliates. You agree to be bound by these terms and abide by them while your affiliate account is in operation. If at any time, you do not agree to the terms of this Agreement or any of the policies on our Website, please discontinue use of the Services, immediately close your account(s) and cease participation in the Affiliate Program.
- You must keep your Affiliate Account active and in good standing at all times.
- Affiliates are responsible for ensuring that their tracking code is working properly before sending traffic to Newsys’s servers. Any modification to the links is the sole responsibility of the affiliate. Rewards may not be paid for tracking errors caused by editing, masking, redirecting, or tampering with affiliate links, as determined at Newsys’s sole discretion.
- Domain forwarding is prohibited — you may not purchase a domain and set it to forward directly to our site using your affiliate link.
- Affiliates MAY NOT use cookie-stuffing techniques that set the tracking cookie without the user actually clicking on the referral link (for example, a 1×1 pixel iframe).
- You are prohibited creating multiple or fake accounts, or “self-refer” account(s) using multiple or fake email addresses or identities.
- Refer a Customer through illegal or fraudulent means, including, without limitation: (i) domain speculation; (ii) email, forum, blog or social media SPAM; (iii) forced iframes; (iv) through CPC ads using the Newsys marks or in any way exploiting our brand name; or (v) through any other means which we determine, in our sole discretion, is questionable
- Upload, disseminate, distribute, transmit, link to or otherwise facilitate access to any content that infringes on any patent, trademark, service mark, trade secret, copyright or other proprietary rights (“Intellectual Property Rights”) of any party.
- Referred Customer must arrive at our Website via your Affiliate Link.
- Referred customers must maintain an active hosting service during any free trial and/or money-back guarantee periods applicable in order for the affiliate Reward to be considered earned. Affiliates will not receive Rewards from customers who cancel their hosting service, receive a refund, or become suspended during these free trial and/or money-back guarantee periods.
- Affiliates will be fully responsible for all costs and expenses of maintaining and marketing the Affiliate Program, including but not limited to all costs associated with the creations, hosting, modification, and improvements to the Affiliates’s web site, costs of search engine placement and other Internet marketing, costs of inserting the Newsys’s links into its website, offline marketing costs, postage costs, and all other costs and expenses, and the Affiliates hereby holds the Newsys harmless from or against the same.
- Newsys will be responsible for handling all customer inquiries, product orders, customer billing and collection, product shipment relative to customers that enter the Newsys’s site through the links from the Affiliate’s site. Pricing of the Newsys products and services is totally within its discretion and the Newsys reserves the right to change the pricing structure, terminate any special offers, discontinue products or services, or change the terms under which products or services are offered at any time, without any advanced notice to the Affiliates or users accessing the Newsys’s site. The Newsys’s only response to the Affiliates in this regard is to track customer orders that occur through links from the Affiliates’s website and make reports to the Affiliates of the commissions due to the Affiliates as a result thereof. All such reports shall be un-audited. The Newsys will have no obligation to provide the Affiliates with any specific information relative to any customer, regardless of whether they access the Newsys’s site through the link from the Affiliate’s site.
Under the Affiliate Program, you will only be paid Affiliate Commission for Qualified Purchases by a Referred Customer that you refer to Newsys under and in accordance with the terms of this Agreement.
- We pay a commission of ₹200 to ₹500 on a Qualified Purchase by a Referred Customer. Affiliate Commission appears as “Pending” until the lapse of 45 days (Money back period) after the sale occurred, at which point the Affiliate Commission will be locked and verified before issuance. If the Referred Customer downgrades or closes their hosting package within forty-five (45) days of purchase you will not be credited with any Affiliate Commission. Minimum commission balance of ₹5000 or ($75) is required for Payment.
- Affiliate Commission is only paid for the Referred Customer’s initial purchase of Service via the Affiliate Link, and not additional or subsequent purchases, accounts or upgrades by Referred Customer.
- Affiliate Commission will not be paid for the Qualified Purchase if the Referred Customer was offered or received coupons, refunds, credits or discounts from the Affiliate.
- Affiliate accounts may be deactivated at any time, without warning or notice, and at our sole discretion. Any affiliate who violates Newsys’s Terms of Service, including without limitation, these Affiliate Program Terms, or any applicable law, is subject to having their affiliate account deactivated immediately, and any and all accrued, but not yet received, Rewards will be forfeited.
- At our sole discretion, any false or misleading advertising or suspected fraudulent activity associated with your affiliate account will result in immediate deactivation.
Trademark & Copyrights
- Affiliates will have a non-exclusive, limited-term license to use the trademarks, logos, and copyrighted material that the Newsys provided to the Affiliates for use solely on the home page that the Affiliates designate in the Affiliates Affiliate Program Application. Affiliates may only use the images that the Newsys specifically makes available to the Newsys Affiliate Members at the area of its website that is specifically designated as approved images for Affiliate Program Members. Affiliates may not distribute, reproduce, modify, amend, these images in any way. Affiliates may use these images only for the purposes of promoting the Newsys’s website and products on the Affiliates website in compliance with the Affiliate Program policies and procedures and the terms of this Agreement. The license so granted is subject to complete compliance with all terms and conditions of this Agreement and any policies the Newsys may create and amend from time to time regarding the Affiliate Program.
- Affiliates will only use such items in the form, size, content, and appearance that the Newsys provided them to the Affiliates. The Affiliates is not permitted to modify them. The Affiliates agrees to display these items prominently on its website. These items may only be used in if they contain a hypertext link to the Newsys’s web site. This license shall immediately terminate upon the termination from the Affiliate Program. The Newsys may also terminate this license upon notice to the Affiliates in the event that the Affiliates’s use of these items is contrary to or does not conform with its standards, such standards to be determined in its sole and absolute discretion. The Affiliates agrees that the Newsys retains all right, title and interest in and to all such materials. The Newsys will retain all goodwill and other value associated with any of these materials. The Affiliates will not gain any trademark, copyright or other proprietary rights to such materials. The Affiliates agrees not to take any action that is contrary to or inconsistent with the Newsys rights to these materials. The Affiliates will not use these materials in any way that is damaging, defamatory, disparaging, derogatory, or negative to the Newsys or that paints the Newsys in a false or negative light. The Newsys may revoke the limited license granted hereunder at any time in writing to the Affiliates. Upon termination or revocation, the Affiliates will immediately cease from any use this material.
Newsys cannot guarantee product availability or the term of any price or special promotion or offer.
Representation & warranties
Affiliates hereby represent and warrants to Newsys to have the complete power and authority to enter into this Agreement and that this Agreement constitutes a valid and legally enforceable agreement. The entry of this Agreement has been duly and validly authorized by all necessary corporate or other organizational actions and approvals. Affiliates entry of this Agreement is not prohibited by the terms of any document, is not contrary to any law, rule or regulations, and is not in violation of any court or administrative order.
- NEWSYS HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND LIABILITY RELATED TO ANY DOWNTIME OR FAILURE FOR USERS TO BE ABLE TO ACCESS ITS WEBSITE OR TO ACCESS ITS WEB SITE USING THE LINK FROM Affiliates WEBSITE. FURTHERMORE, NEWSYS SHALL NOT BE RESPONSIBLE FOR AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO ITS WEB SITE, THE AFFILIATE PROGRAM, Affiliates PARTICIPATION IN THE AFFILIATE PROGRAM, Affiliates ABILITY TO MAKE ANY COMMISSIONS OR OTHERWISE PROFIT THROUGH PARTICIPATION IN THIS AFFILIATE PROGRAM, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY, NON-INFRINGEMENT, OR ANY CLAIM MADE BASED UPON Newsys’S COURSE OF DEALING OR USAGE OF TRADE. Newsys DOES NOT REPRESENT OR WARRANT THAT ITS WEB SITE OR ANY APPLICATION, INCLUDING BUT NOT LIMITED TO ITS LINK TRACKING FEATURES, WILL BE ERROR-FREE OR THAT THEY WILL FUNCTION WITHOUT INTERRUPTION.
- NEWSYS SHALL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGES OR LIABILITIES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, LOST PROFITS, LOST BUSINESS OPPORTUNITY OR ANY OTHER DAMAGES; REGARDLESS OF WHETHER NEWSYS WAS OR HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME AND TOOK NO ACTION TO PREVENT THE SAME.
Affiliates hereby indemnifies and holds NEWSYS, and all of NEWSYS stockholders, officers, directors, employees, contractors, affiliates, agents, successors and assigns harmless from and against any and all claims, liabilities, damages, actions, causes of action, suits, threats, demands, settlements, including all costs and attorney fees related thereto, that NEWSYS may incur and which are based in whole or in part upon Affiliates participation in the Affiliate Program, any claims that any of Affiliates trademarks and other proprietary material infringe upon the rights of any other party, Affiliates breach of any term, covenants, condition, representation or warranty contained in this Agreement or any policies of participation in the Affiliate Program, or any claim related directly or indirectly to Affiliates use, operation or the content of Affiliates’s web site.
This Agreement shall be interpreted under the laws of the State of Odisha. Any and all legal actions relative hereto shall be in the courts of Odisha.
This document was last updated on 20/10/2016