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The following terms and conditions constitute an Affiliate Programme Agreement of SSW (“ShivShakti Web”).
Please read these Affiliate Terms and Conditions carefully before applying to become an Affiliate, as they set out SSW and your legal rights and obligations in relation to our Affiliate Programme. You will be asked to agree to these Affiliate Terms and Conditions before becoming an Affiliate.
Please be aware that this Agreement is designed for use in connection with a website affiliate programme where affiliates apply to join the programme online and there is therefore no signed paper copy of the Agreement. In addition, this Affiliate Programme is intended for the direct participation of each Affiliate.
2. Rights and Obligations of SSW.
SSW is at any time and at its sole discretion entitled to alter any terms and/or conditions contained in this Agreement or replace them with other provisions by placing an alteration notice or a new agreement at SSW website while informing Affiliate(s) at their email addresses given in their Application Forms about this occurrence. The aforementioned alterations may refer to changes of amount of Commissions and in the Affiliate Programme. Continued participation in the Affiliate Programme means that the Affiliate has accepted the alterations and is bound to the altered Agreement. Should an Affiliate not agree to these alterations, then the Affiliate has the right to terminate the Agreement without having any further claims (rights) against SSW.
2.2 Rules of Acceptance/Non – Acceptance of Application
In order to join the Affiliate Programme (Refer A Service Program), every Applicant shall accept the terms and conditions of the Agreement while completing and submitting an Application Form/Join Form available online. SSW has the right to evaluate the Application and to determine at its sole discretion as to whether or not the Application will or will not be accepted. The decision of SSW on the Application shall be deemed final and is therefore not subject to any appeals and objections. SSW will inform every Applicant as to whether their application has been granted or rejected.
3. Affiliate Rights and Obligations
3.1 Linking to SSW Websites Upon the granting of the Affiliate ’s Application, every Affiliate agrees to establish and maintain links from their websites to the SSW Website. Every Affiliate has the right to link to SSW with any of SSW creative materials (for instance banners, emails, articles, leaflets, images, logos or a text link and editorial columns) and this is the only means by which the Affiliate is permitted to promote and advertise on behalf of SSW. However, the Affiliate shall have no authority to and shall not bind SSW to any obligations as well as it also has no authority to make any claims or representations or grant any warranties in connection with SSW or on behalf of SSW. Additionally, the Affiliate is allowed to use approved advertising creative material and will not modify it in any way and refer to this material as it is available at SSW Website.
3.2 Affiliate Requirements All Affiliates of SSW are requested to refer and recommend a minimum number of 5 (five) active customers within a period of three consecutive months after joining the Affiliate Programme. In the event of the failure of an Applicant to meet this requirement, SSW has the right to close down the Affiliate account. However, the Affiliate will have the chance to reopen a new affiliate account.
3.3 Unlawful Conduct The Affiliate is not permitted to: (a) include any unlawful materials on the Affiliate Website, or include any hyperlink to anything prohibited by law Materials on the Affiliate Website; (b) market the Affiliate Website using spam or unsolicited emails or other unsolicited communications, or using any form of spyware, adware or similar software, or using any other antisocial or deceptive methods; (c) take any action in connection with the Affiliate Programme which might reasonably be expected to lead to the possibility of damage to the reputation and goodwill/reputation of SSW and/or the SSW Website; (d) promote and advertise services of SSW contradictory to rules specified in the Agreement. SSW has the right to terminate the Agreement with immediate effect if any of the aforementioned circumstances occur and/or to claim damages against the Affiliate.
3.4 Registering of Domain Names Every Affiliate shall refrain from registering or applying for registering any domain names similar to any domain names used by or registered in the name of SSW or any other name that could be understood to designate SSW.
3.5 Protection of SSW Trade Marks Trade marks of SSW or any other words including the word: “SSW”, or variation thereof or words similar or identical to any of SSW trade marks are protected by law. The Affiliate shall not use, purchase, copy, register any (key)words which are identical or similar to any of SSW trade marks or words including “SSW”.
3.6 Services in favour of SSW Through this Agreement, each Affiliate is granted the non –exclusive and non – assignable right to direct and recommend customers to SSW Website pursuant to these Affiliate Terms and Conditions. SSW remains free to contract or not to contract with customers provided by an Affiliate and the Affiliate has no right or privilege to assist SSW within services resulting from such referrals.
3.7 No Traffic and Abusing Activities No Affiliate will benefit from known or suspected traffic and refrain from any activities connected or/and related hereto which could cause damages to SSW or/and the SSW Website. SSW is entitled to withhold/suspend any affiliate payments and/or closed down accounts if SSW will have founded suspicion of such traffic activities. The same applies if affiliated customers are found to be abusing any SSW offers or promotions and this irrespective of the knowledge or lack of knowledge of the Affiliates.
3.8 Affiliate Website Each Affiliate participating in the Affiliate Programme shall be solely responsible for the establishment, development, operation, maintenance and contents of their own website as well as for all materials posted on this website. SSW hereby deny and exclude all and any responsibility and liability for these materials and the Affiliate undertakes to indemnify SSW and hold it blamless from all claims, damages, expenses, fees, costs and any other encumbrances that may arise directly or indirectly from the establishment, development, operation, maintenance and contents of Affiliates Websites.
3.9 Principle of Separation No affiliation may be made and established between SSW Website and any Affiliates Websites.
3.10 Grant of Licence / Intellectual Property Rights SSW hereby grants to each Affiliate a non – exclusive, non – transferrable license within the duration of the Agreement to use trade names, trade marks, service marks, logos and any other designations of SSW (“Intellectual Property”) solely and only in connection with the display of the advertising/promotional material on the Affiliate Websites. The Affiliate is not allowed to grant any sub-license and/or to transfer or/and contribute the license to any entity/individuals directly or indirectly. The Affiliate undertakes to refrain from any attack and shall cause any third party to refrain from any attack against the Intellectual Property and inform SSW forthwith about any misuse of the Intellectual Property by any third party. Furthermore, the Affiliate shall not assert the invalidity, unenforceability, or contest the ownership of the Intellectual Property in any action or proceedings and shall not take any action that may prejudice the SSW right in the Intellectual Property or/and to diminish their validity and standing.
3.11 Confidentiality Each Affiliate agrees to treat all information directly or indirectly disclosed to it by SSW relating to business, operations, technology, clients and/or the Affiliate Programme of SSW as strictly confidential and will not without obtaining the prior written consent of SSW disclose any part of this information to any third party. In addition, each Affiliate undertakes to use the confidential information only for the purposes of the Agreement. The confidentiality undertaking shall not apply to information which has become available to the public generally. The obligation of the Affiliate with respect to confidential information shall continue to apply to the Affiliates for an unlimited period of time.
3.12 Data Protection Each Affiliate is aware and acknowledges that SSW, directly or through third parties collect and processes personal data relating to Affiliates. You as an Affiliate consent to SSW holding and processing, both electronically and manually, the data which relates to You for the purposes and execution of the Agreement. In accordance with the Data Protection, SSW will only hold this information for as long as it is appropriate to execute the Agreement.
4.1 General Terms, Each Affiliate will receive a Basic Commission totalling upto 10% from the sale amount of referred customers. If the sale amount will increase by with 10 referals for a calendar month, then the Affiliate will earn a exta Success Commission of 3% and if the sale amount will increase by another 10 referals for a calendar month, then the Affiliate will be entitled to receive a extra Success Commission of 5%.
4.2 Payable Commission, SSW will provide the Affiliates with all commission payments within 15 days after customer payment(“Date of Payment”).
5. Commencement and Termination of the Agreement, Legal Consequences
5.1 Commencement and Termination
The Agreement will become effective on the day on which the Affiliate will be approved as an Affiliate in accordance with the terms and conditions of the Agreement. Each party is entitled to terminate the Agreement in writing at any time and with immediate effect. For purposes of notification of termination, delivery via email shall be deemed a written and immediate form of notification.
5.2 Legal Consequences
Upon termination, each Affiliate is obliged to remove all of SSW’s banners/logos/designations etc. from Affiliate website and to disable all links from Affiliate website to SSW website. All rights, licenses and other privileges to the Affiliate shall also be terminated with immediate effect. The Affiliate shall return to SSW any confidential information and all copies of it and its right to use Intellectual Property of SSW will cease forthwith.
6. Relationship between SSW and Affiliates
SSW and Affiliates are independent contractors and nothing in the Agreement will create any form of partnership, joint venture, agency, franchise, sales representative, employment between them. The Affiliate is not empowered to make or accept/reject any offers on behalf of SSW and is not authorized to make any statement on behalf of SSW as well.
The Affiliates shall defend, indemnify and hold SSW, its members of the management board, employees and representatives blameless from and against any and all liabilities, losses, damages including legal fees resulting from or connected with (1) any breach by Affiliate(s) of any warranty, representation or term contained in the Agreement, (2) the performance of Affiliate(s) duties and obligations under the Agreement , (c) the negligence of Affiliate(s) and any injury caused by negligent or intentional acts or omissions or the unauthorized use of our banners/logos/designations and links or this Affiliate Programme.
SSW makes no warranties or representations with respect to the Affiliate Programme, and the commission payment arrangement and do not express nor imply any warranties arising out of a course of performance, dealing or trade usage. Additionally, SSW makes no guarantee that the operation of website of SSW will be uninterrupted or error free and SSW will not be liable for the consequences if there are any.
9. Limitations of Liability
SSW liability arising out of or in connection with the Agreement and/or the Affiliate Programme will not exceed the total amount of Commission paid or payable to an Affiliate under this Agreement. Additionally, SSW ‘ obligations under this Agreement do not constitute personal obligations of management board members, employees or/and shareholders of SSW.
10. Remaining Provisions
This Agreement shall be concluded for indefinite period of time and each party to this Agreement has the right to terminate the Agreement with immediate effect in the written form, by email.
If any provisions of this Agreement shall be invalid or incapable of implementation or if any gap shall occur, then this shall not affect the validity of the other provisions. In lieu of the invalid provision or the provision incapable of implementation or for the purposes of closing the gap, such reasonable provision shall apply which, to the extent permitted by law, shall most closely reflect the intention of the Parties to this Agreement or which they would have intended to choose in accordance with the purpose of this Agreement, had they given their attention to such a point. Without the prior written consent of other Parties, neither Party can assign (transfer) or offset its rights and obligations to third parties resulting from this Agreement under pain of nullity.
11. Final Statement
You as the Affiliate acknowledge that you have read this Agreement and agree to be bound by the Terms and Conditions of this Agreement by joining 'Refer A Service Program'.