Affiliate Policy

This Affiliate Agreement (the “Agreement”) contains the complete terms and conditions between you and VapourHost Private Limited, an Indian corporation. This Agreement covers your responsibilities as an affiliate and our responsibilities to you.

1) DEFINITIONS

The parties referred to in this Agreement shall be defined as follows:

1. a) Company, Us, We, VapourHost: As we describe above, we'll be referred to as the Company. VapourHost, Us, we, our, ours and other first-person pronouns will also refer to the Company, as well as all employees or legal agents of the Company.
2. b) You, the Affiliate: You will be referred to as the "Affiliate." You'll also be referred to throughout this Agreement with second-person pronouns such as You, Your, or Yours.
3. c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as "Parties" or individually as "Party."
4. d) Affiliate Program: The program we've set up for our affiliates as described in this Agreement.
5. e) Affiliate Application: The fully completed form which must be provided to us for consideration of your inclusion in the Affiliate Program.
6. f) Website: Our primary website located at https://vapourhost.com

2) ASSENT & ACCEPTANCE

By submitting an application to our Affiliate Program, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the website immediately and do not submit an application to our Affiliate Program. This Agreement specifically incorporates by reference any Terms of Conditions, Privacy Policies, or other legal documents which we may have on our website.

3) PROGRAM SIGN-UP

In order to sign up for our Affiliate Program, you will first be asked to submit an Affiliate Application to join.

Submitting an Affiliate Application does not guarantee inclusion in the Affiliate Program. We evaluate each and every application and are the sole and exclusive decision-makers on Affiliate acceptance. If we choose not to allow your inclusion in the Affiliate Program, we will attempt to notify you in a reasonable manner. If you do not hear from us within a reasonable time frame, please consider your application rejected. We are not obligated to provide you any explanation for your rejection, but please be advised we may reject applicants for any reason or manner, including but not limited to a website or social media page which violates our Acceptable Use Policy. If your Affiliate Application is rejected, you may not reapply. If your Affiliate Application is accepted, each of the terms and conditions in this Agreement apply to your participation. We may also ask for additional information to complete your Affiliate Application or for you to undertake additional steps to ensure eligibility in the Affiliate Program.

4) AFFILIATE PROGRAM

Please be advised the below is a general description of the Affiliate Program. Everything contained in this subsection is subject to the specific terms and conditions throughout the rest of this Agreement.

We will provide you with a specific link or links which correspond to certain products or services we are offering for purchase (collectively, the "Link"). The Link will be keyed to your identity and will send online users to the Company's website or websites. You hereby agree to fully cooperate with us regarding the Link and that you will explicitly comply with all of the terms of this Agreement for the promotion of the Link at all times. We may modify the specific link or links and may or may not notify you if we do so. You agree to only use links which are prior approved by us and to display the Link prominently on your website or social media page, as described in your Affiliate Application (collectively, the "Affiliate Site").

Each time a user clicks through the Link posted on the Affiliate Site and completes the sale of the product or service under the affiliate terms and we determine it is a Qualified Purchase, as described below, you will be eligible to receive the commission as described on commission page.

5) SPECIFIC TERMS APPLICABLE

1. We will determine whether payout is permissible in our sole and exclusive discretion. We reserve the right to reject clicks and/or sales that do not comply with the terms of this Agreement.
2. Processing and fulfillment of orders will be our responsibility. We will also provide real-time data regarding your account with us through the portal on which you log into the website.
3. As described above, in order to be eligible for payout, user purchases must be "Qualified Purchases." Qualified Purchases:
   
   

   a) Must not be referred by any other partner or affiliate links of the Company (in other words, Qualified Purchases are only available through your specific Affiliate Link);

   b) May not be purchased by an already-existing partner or affiliate of the Company;

   c) May not be purchased prior to the Affiliate joining the Affiliate Program;

   d) May only be purchased through a properly-tracking Affiliate Link;

   e) May not be purchased by a customer who has used our services before;

   f) May not be fraudulent in any way, in the Company's sole and exclusive discretion;

   g) May not have been induced by the Affiliate offering the customer any coupons or discounts not approved by us;

   h) May not be a self referral. No commission will be paid for signups by you, your household, or anyone within your organization;

   i) Must be first purchase by customer. 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

4. In the event that the Referred Customers that are referred to Company by an Affiliate are determined to have an excessive cancellation rate, as determined by VapourHost in its sole discretion, VapourHost reserves the right to withhold or decline pending and future Commission Fees to such Affiliate.
5. Company reserves the right to immediately cancel or withhold for later review any Commission Fee that fails to meet the criteria of a “Qualified Purchase.” Affiliate is responsible for monitoring the payment, denial, and withholding of Commission Fees; Company is not obligated to actively notify Affiliates of the status of Commission Fees.
6. The affiliate should not engage in the advertisement of business-opportunity sites, using marketing practices that we deem to be unethical or likely to attract fraudulent signups and/or signups with a very low likelihood of renewal. In such case, any commission will not be paid to the affiliate.
7. Any attempt by an Affiliate to manipulate, falsify or inflate Referred Customers, Qualified Purchases, or Commission Fees to intentionally defraud Company or any violation of the terms of this Agreement constitutes immediate grounds for Company to terminate the Affiliates participation in the Affiliate Program and will result in the forfeiture of any Commission Fees due to the Affiliate.
8. Commission payouts to the Affiliate will be held back for 30 days after the payment by referred customer to cover for money back guarantee/refunds/cancellations/chargebacks.

6) PAYOUT INFORMATION

Unless custom agreement exists the affiliate commissions will be paid by the Company based on the structure outlined on the Affiliate program page.

Payouts will only be available when the Company has your current address information and Accounting Information. Accounting information may include the routing and account number of a bank where you wish to post a direct deposit.

Currently, the Company employs the following methods of payout: NEFT and IMPS.

For any changes in your address or accounting information, you must notify us immediately and we will endeavor to make the changes to your payout information as soon as possible.

We explicitly reserve the right to change payout information in our sole and exclusive discretion. If we do so, you will be notified.

Payouts are also subject to the following restriction:

1. a) Payouts are only available when a threshold of the following amount is met: INR 300 (three hundred).

For any disputes as to payout, the Company must be notified within thirty days of your receipt of the payout. We will review each dispute notification as well as the underlying payout transaction to which it is related. Disputes filed after thirty days of payout will not be addressed.

7) REPORTS

You may log into your account with us to review reports related to your affiliation, such as payout reports and Qualified Click and/or Purchase information. Please be advised however, that not all listed qualifying clicks and/or purchases have been fully reviewed for accuracy in the reports viewable by you in real-time and therefore may be subject to change prior to payout.

8) TERM, TERMINATION & SUSPENSION

The term of this Agreement will begin when we accept you into the Affiliate Program. It can be terminated by either Party at any time with or without cause.

You may only earn payouts as long as you are an Affiliate in good standing during the term. If you terminate this Agreement with us, you will qualify to receive payouts earned prior to the date of termination.

If you fail to follow the terms of this Agreement or any other legal terms we have posted anywhere on our website or websites, you forfeit all rights, including the right to any unclaimed payout.

We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.

At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

9) GRANT OF LICENSE

We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links and send customers to the Affiliate links we provide solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials" or “Company IP”) that we provide to you or authorize for such purpose. You may not modify the Licensed Materials in any way and you are only permitted to use the Company IP if you are an Affiliate in good standing with us.

We may revoke this license at any time and if we find that you are using the Licensed Materials in any manner not contemplated by this Agreement, we reserve the right to terminate this Agreement.

Other than as provided herein, you are not permitted to use any of the Licensed Materials or any confusingly similar variation of the Licensed Materials without our express prior written permission. This includes a restriction on using the Licensed Materials in any domain or website name, in any keywords or advertising, in any metatags or code, or in any way that is likely to cause consumer confusion.

Please be advised that your unauthorized use of any Company IP shall constitute unlawful infringement and we reserve all of our rights, including the right to pursue an infringement suit against you. You may be obligated to pay monetary damages or legal fees and costs.

10) RELATIONSHIP OF THE PARTIES

Nothing contained within this Agreement shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship. You are an independent contractor of the Company and will remain so at all times. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your Affiliate Site or otherwise, that contradicts anything in this section.

11) ACCEPTABLE USE

You agree not to use the Affiliate Program or our Company for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Affiliate Program in any way that could damage our websites, products, services, or the general business of the Company. You further agree not to use the Affiliate Program:

1. I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
2. II) To violate any intellectual property rights of the Company or any third party;
3. III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
4. IV) To perpetrate any fraud;
5. V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
6. VI) To publish or distribute any obscene or defamatory material;
7. VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
8. VIII) To unlawfully gather information about others.

12) DATA LOSS

The Company does not accept responsibility for the security of your account or content. You agree that your participation in the Affiliate Program is at your own risk.

13) INDEMNIFICATION

You hereby agree to indemnify and hold harmless the Company, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on

(i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party,

(ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or

(iii) any claim related to your site, including, without limitation, content therein not attributable to us,

(iv) any other damage arising from your equipment, your business, or your participation in the Affiliate Program.

14) SPAM POLICY

You are strictly prohibited from using the Affiliate Program for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

15) NO WARRANTIES

You agree that your use of the Affiliate Program is at your sole and exclusive risk and that any services provided by us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Affiliate Program will meet your needs or that it will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Affiliate Program is your sole responsibility and that the Company is not liable for any such damage or loss.

16) Limitations of Liability

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL COMPANY'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

17) Changes to Agreement

Company reserves the right to revise its policies at any time without notice.

Date Modified - 19/01/2019