GoWarranty Affiliate Agreement

Updated: February 2021

This Affiliate Program (“Operating Agreement”) contains the terms and conditions that govern your participation in the Affiliate Program (the “Program”). “We,” “us,” or “our” means Go Warranty & Services LLP. “You” or “your” means the applicant. A “site” means a website. “GoWarranty Site” means the [www.gowarranty.in] site. “Your site” means any site(s), any software application(s) and any Mobile Application (as defined hereinafter) that you link to the GoWarranty Site.
You agree to the terms and conditions of this operating agreement, or by continuing to participate in the program following our posting of a change notice, revised operating agreement, or revised operational documentation on the GoWarranty website, you
(a) agree to be bound by this operating agreement;
(b) acknowledge and agree that you have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as expressly set forth in this operating agreement; and
(c) hereby represent and warrant that you are lawfully able to enter into contracts (e.g., you are not a minor) and that you are and will remain in compliance with this operating agreement.
In addition, if this operating agreement is being agreed to by a company or other legal entity, then the person agreeing to this operating agreement on behalf of that company or entity hereby represents and warrants that he or she is authorized and lawfully able to bind that company or entity to this operating agreement.

1. Description of the Program
The purpose of the Program is to permit you to advertise GoWarranty products on your site or video and to earn advertising fees for Qualifying Purchases (as agreed during registration to the operating program) made by your end users under a specified session term. A “Product” is any item sold on the GoWarranty Site.

2. Enrollment
We may reject your participation of the Operating Program in our sole discretion including if we determine that your site is unsuitable. Unsuitable sites include those that:
(a) promote or contain sexually explicit materials;
(b) promote violence or contain violent materials;
(c) promote or contain libellous or defamatory materials;
(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 any trademark of GoWarranty, or a variant or misspelling of a trademark of GoWarranty, in any domain name, subdomain name, or in any username, group name, or other identifiers on any social networking site; or
(g) otherwise violate intellectual property rights.
If we reject your application, you are welcome to reapply at any time. However, if we accept your application and we later determine that your site is unsuitable, we may terminate this Operating Agreement at any time in 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 identification of your site, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), 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 or Channel
After you have been registered in the Operating Program, you may display Special Links on your site. “Special Links” are links to the GoWaranty Site that you place on your site in accordance with this Operating Agreement, that properly utilize the special “tagged” link formats we provide. Special Links permit accurate tracking, reporting, and accrual of advertising fees.
You may earn advertising fees only and only with respect to activity on the GoWarranty Site occurring directly through Special Links. We will have no obligation to pay you advertising fees if you fail to properly format the links on your site to the GoWarranty Site as Special Links, including to the extent that such failure may result in any reduction of advertising fee amounts that would otherwise be paid to you under this Operating Agreement.

4. Responsibility for Your Site
You will be solely responsible for your site, including its development, operation, and maintenance and all materials that appear on or within it. For example, you will be solely responsible for:
  • the technical operation of your site and/or channel, and all related equipment;
  • displaying Special Links and Content on your site in compliance with this Operating Agreement and the Operational Documentation and any agreement between you and any other person or entity (including any restrictions or requirements placed on you by any person or entity that hosts your site);
  • creating and posting, and ensuring the accuracy, completeness, and appropriateness of, materials posted on your site (including all Product descriptions and other Product-related materials and any information you include within or associate with Special Links);
  • using the Content, your site, and the materials on or within your site in a manner that does not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity or other intellectual property or proprietary rights);
  • using the Content, your site, and the materials on or within your site in a manner that is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous or otherwise in any manner whatsoever;
  • disclosing 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 cookies on visitors’ browsers; and
  • any use that you make of the Content and the GoWarranty Marks, whether or not permitted under this Operating Agreement.
We will have no liability for these matters or for any of your end users’ claims relating to these matters, and you agree to defend, indemnify, and hold us, our affiliates and licensors, and our and their respective employees, officers, directors, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) relating to (a) your site or any materials that appear on your site, including the combination of your site or those materials with other applications, content, or processes; (b) the use, development, design, manufacture, production, advertising, promotion, or marketing of your site or any materials that appear on or within your site, and all other matters described in this Section 5; (c) your use of any Content, whether or not such use is authorized by or violates this Operating Agreement, any Operational Documentation, or applicable law; (d) your violation of any term or condition of this Operating Agreement or any Operational Documentation; or (e) your or your employees' negligence or willful misconduct.

5. Order Processing
We will process Product orders placed by customers who follow Special Links from your site and/or channel to the GoWarranty Site. We reserve the right to reject orders that do not comply with any requirements on the GoWarranty Site, as they may be updated from time to time. We will track Qualifying Purchases for reporting and advertising fee accrual purposes and will make available to you reports summarizing those Qualifying Purchases.

6. Advertising Fees
We will pay you advertising fees on Qualifying Purchases in accordance with the commission structure mutually agreed during registration. In the event any excess payment has been made to you for any reason whatsoever, we reserve the right to adjust or offset the same against any subsequent advertising fees payable to you under this Operating Agreement. Subject to the exclusions set forth below, a “Qualifying Purchase” occurs when (a) a customer clicks through a Special Link on your site to the GoWarranty Site; (b) during a single Session that the customer adds a Product to his or her shopping cart and places the order for that Product in the same session.
A “Session” begins when a customer clicks through a Special Link on your site and/or channel to the GoWarranty Site and ends upon a successful transaction or purchase of GoWarranty product.
Qualifying Purchases exclude, and we will not pay advertising fees on any of, the following:
  • any Product that, after expiration of the applicable Session, 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 GoWarranty Site;
  • any Product purchase that is not correctly tracked or reported because the links from your site to the GoWarranty 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, 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 termination of this Operating Agreement;
  • any Product order where a cancellation, return, or refund has been initiated; and
  • any Product purchased by a customer who is referred to the GoWarranty Site through any of the following:
    • a Paid Search Placement; or
    • a link to the GoWarranty Site, including a Redirecting Link, that 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 those links appear through your submission of data to that site or otherwise.
  • any Qualifying Purchase wherein you have offered any person or entity any consideration or incentive (including any money, rebate, discount, points, donation to charity or other organization, or other benefit) for using Special Links (e.g., by implementing any “rewards” or loyalty program that incentivizes persons or entities to visit the GoWarranty Site via your Special Links).
7. Advertising Fee Payment
We will pay you advertising fees on a monthly basis for Qualifying Purchases shipped, streamed, or downloaded (as applicable) in a given month, subject to any applicable withholding or deduction described below. We will pay you at a maximum of approximately 60 days following the end of each calendar month, but we may accrue and withhold advertising fees until the total amount due to you is at least INR1000 in case of NEFT transfers.
The advertising fee payable to you is inclusive of all taxes including applicable service tax or goods and services tax or other tax or levy that you may be required to remit in connection with such services for which you will raise a valid invoice under applicable law(s) and regulations and report it in the returns within the prescribed time limit so that GoWarranty can take input tax credit of the taxes paid. You undertake to comply with any of the applicable provisions of such law including but not limited to:
  • timely issuance of GST compliant invoices;
  • making the invoices available to GoWarranty;
  • depositing applicable taxes on a periodic basis; and
  • correctly reporting them to the government under tax laws.
 
8. Policies and Pricing
Customers who buy products through this Program are customers of the GoWarranty Site with respect to all activities they undertake in connection with the GoWarranty Site. Accordingly, as between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the GoWarranty Site will apply to those customers, and the same may be changed at any time.

9. Identifying Yourself as an Associate
You will not issue any press release or make any other public communication with respect to 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 expressing or implying that we support, sponsor, endorse, or contribute to any charity or other cause), or 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 your site: “[Insert your name] is a participant in the GoWarranty Affiliate Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to gowarranty.in.”
  1. GoWarranty API Usage Requirements.
    1. Description. Under this License, we may make available to you Product Advertising Content including the following:
      1. Data, images, audio, video, logos, user interface designs, and other creative designs; and
      2. Textual materials, such as textual Product information.
  1. You will promptly remove from your application and delete or otherwise destroy any Product Advertising Content that is no longer displayed on the GoWarranty Site or that we notify you is no longer available for your use.
  2. You will not include on your application, display, or otherwise use Product Advertising Content in connection with any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device.
  3. You will not, without our express prior written approval, access or use the Product Advertising API or Data Feed for the purpose of aggregating, analyzing, extracting, or repurposing any Product Advertising Content or in connection with any software or other application intended for use by persons or entities that offer products on the GoWarranty Site.
  4. You will not (i) interfere, or attempt to interfere, in any manner with the functionality or proper working of the PA API; (ii) compile or use Product Advertising Content for the purpose of direct marketing, spamming, unsolicited contacting of sellers or customers, or other advertising activities; or (iii) remove, obscure, alter, or make invisible, illegible, or indecipherable, any notice, including any notice of intellectual property or proprietary right, appearing on or contained within the PA API, Data Feed, Product Advertising Content, or Specifications.
  5. You will not issue any press release or make any other public communication with respect to this License or your use of the Product Advertising API, Data Feed, or Product Advertising Content. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to any charity or other cause), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this License.
  6. You will not, and will not attempt to (i) modify, alter, tamper with, repair, or otherwise create derivative works of the Specifications or any software included in Product Advertising Content; or (ii) reverse engineer, disassemble, decompile, or otherwise derive any source code of or relating to the PA API, Data Feed, or any software included in Product Advertising Content.
  7. You will not, without our express prior written approval, sell, resell, redistribute, sublicense, or transfer (i) any Product Advertising Content; or (ii) any application that utilizes the Product Advertising API or Data Feed or that incorporates or displays Product Advertising Content. For example, you may not use Product Advertising Content on or within any application, platform, site, or service (including social networking sites) that requires you to sublicense or otherwise give any rights in or to Product Advertising Content to any other person or entity. If you obtain our approval to sell, resell, redistribute, sublicense, or transfer a client application that client application must comply with this License, including subsection (xiii) and the last sentence of subsection (xv) below.
  8. You will not store or cache Product Advertising Content consisting of an image, but you may store a link to Product Advertising Content consisting of an image for up to 24 hours. You may store other Product Advertising Content that does not consist of images for caching purposes for up to 24 hours, but if you do so you must immediately thereafter refresh and re-display the Product Advertising Content by making a call to the PA API or retrieving a new Data Feed and refreshing the Product Advertising Content on your application immediately thereafter. Unless otherwise notified by us, you may store individual GoWarranty Standard Identification Numbers (ASINs) for an indefinite period until the termination of this License. Notwithstanding the foregoing, if your application includes a client application, the client application may not store or cache Product Advertising Content. Upon our request you will, within three business days of our request, furnish us with a copy of any client application that includes or uses Product Advertising Content for the purpose of verifying your compliance with this License.
  9. You will not exceed, or if you build and release an application that calls the PA API, each copy of that application that is installed by an end user will not exceed, any limit on calls per second set forth in any Specifications (or that we otherwise notify you apply) and you will not send files to or from the PA API that are greater than 40K without our prior written approval.
10. Compliance with Laws
In connection with 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 that has jurisdiction over you.

11. Term and Termination
The term of this Operating Agreement will begin upon our acceptance of your Program application and will end when terminated by either you or us. Either you or we may terminate this Operating Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon any termination of this Operating Agreement, any and all licenses you have with respect to Content will automatically terminate and you will immediately stop using the Content and GoWarranty Marks and promptly remove from your site and delete or otherwise destroy all links to the GoWarranty Site, all GoWarranty Marks, all other Content, and any other materials provided or made available by or on behalf of us to you under this Operating Agreement or otherwise in connection with the Program.
 
MOBILE APPLICATION POLICY
These Mobile Guidelines (“Mobile Guidelines”) apply to your inclusion of Special Links in your Approved Mobile Application. "We," "us," or "our" means GoWarranty Seller Services Private Limited or any of its affiliates, as the case may be. "You" means the user agent for the associate 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 compliance with these Mobile Guidelines is required at all times, and any violation of these Mobile Guidelines will automatically terminate the Operating Agreement.
Your Mobile Application:
  1. must be free to download and all GoWarranty links must be accessible without paying for access;
  2. must have original content;
  3. must not emulate GoWarranty’s own shopping app functionality;
  4. must not have price tracking and/or price alerting functionality, unless approved in advance by GoWarranty in writing;
  5. must not host or render GoWarranty web pages in WebViews.
We may modify this Mobile Application Policy at any time and in our sole discretion by posting a change notice or revised or a revised Mobile Application Policy on the GoWarranty Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM. YOUR CONTINUED INCLUSION OF SPECIAL LINKS IN YOUR APPROVED MOBILE APPLICATION FOLLOWING OUR POSTING OF A CHANGE NOTICE OR A REVISED MOBILE APPLICATION POLICY ON THE GOWARRANTY SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
We reserve the right, exercisable in its sole discretion, to take appropriate action against any use without permission or any use that does not conform to this Mobile Application Policy.