NepalMatrimonial.com
Revenue Share Program Terms and Conditions:
This Agreement contains the complete
terms and conditions that apply to an individual's or entity's participation
in the NepalMatrimonial.com Revenue Share Program (also referred to as
"Program"). As per this Agreement, "we" means NepalMatrimonial.com,
and "you" means the applicant. "Site" means a World
Wide Web site and, depending on the context, refers either to NepalMatrimonial.com's
site located at the URL http://www. nepalmatrimonial.com, or to the site
that you will link to our site (and which you will identify in your Program
application).
1.
Enrollment in the Program
You need to submit a complete Program application
via our site for the enrollment process. Upon receipt of your
application, we will evaluate the same in good faith and will
notify you of your acceptance or rejection. We may reject your
application if we deem (at our sole discretion) that your site
is unsuitable for the Program. Examples of unsuitable sites include
(but is not exhaustive) that:
•
Promote sexually explicit materials
•
Promote violence
•
Promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation, or age
•
Promote illegal activities
•
Are in any nature perceived to be as competitive sites
to NepalMarimonial.com
•
Otherwise violate intellectual property rights
If we reject your application, you are welcome
to reapply to the Program at any time. Please note that if we
have accepted your application earlier but your site is determined
(at our sole discretion) to be unsuitable for the Program afterwards,
we may terminate this Agreement at any time.
2.
Links on Your Site
Once we notify you that your site has been accepted
into the Program, you may provide a general link to NepalMatrimonial.com
home page at http://www.nepalmatrimonial.com.
We will also provide you with guidelines and ad banner to use
in linking to our home page.
To permit accurate tracking, reporting, and referral fee accrual,
we will provide you with special "tagged" link formats
to be used in all links between your site and our site. You must
ensure that each of the links between your site and our site properly
utilizes such special link formats. Links to our site placed on
your site pursuant to this Agreement and which properly utilize
such special link formats are referred to as "Special Links."
You will only earn referral fees with respect to activity on our
site occurring directly through Special Links: we will not be
liable to you with respect to any failure by you to use Special
Links, including to the extent that such failure may result in
any reduction of amounts which would otherwise be paid to you
pursuant to this Agreement.
IMPORTANT: Please remember
that we will provide you with a special link to use to link your
website to NepalMatrimonial.com. If you DO NOT use that link to
http://www. NepalMatrimonial.com we will not be able to track
referrals from your site to ours.
3.
Order Processing
We will process orders placed by customers who
follow Special Links from your site to our site. We reserve the
right to reject orders that do not comply with our “Membership
Terms of Use/Service Agreement” and any additional requirements
that we may periodically establish. We will be responsible for
all aspects of order processing and service fulfillment to members
signing in through your site. We will manage membership orders,
process payments, handle service fulfillment and customer service.
Additionally, we will track customer payments for Paid Memberships
originating from your site using Special Links from your site
to our site and will make available to you reports summarizing
this sales activity. The form, content, and frequency of the reports
may vary from time to time (at our discretion).
4.
Referral Fees
For a sale to be eligible to earn a referral
fee, the customer must follow a Special Link from your site to
our site, place an order for a Paid Membership using our automated
ordering system and remit full payment to us. We will not, however,
pay referral fees on persons who are using only the FREE services
provided by NepalMatrimonial.com.
Referral fees will also
be paid on all recurring Paid Membership orders placed by the
referred member in future. Please note that the recurring payments
enjoy certain discounts from time to time and hence your commission
will be calculated on the discounted membership fees of such repeated
payments.
NOTE:
You may not directly or indirectly offer any person or entity
any consideration or incentive (including, without limitation,
payment of money or award any benefits) for using Special Links
on your site to access our site. If we determine, in our sole
discretion, that you have offered any person or entity any such
consideration or incentive, we may (without limiting any other
rights or remedies available to us) withhold any referral fees
otherwise payable to you under this Agreement.
5.
Referral Fee Schedule
You will earn referral fees based on qualifying
revenues according to referral fee schedules established by us.
"Qualifying revenues" are revenues derived by us from
our sales of qualifying products and services, excluding (after
deducting) costs for order fulfillment, taxes, service charges,
credit card processing fees, and bad debts.
6.
Referral Fee Payment
We will send you a check (or you can collect
the same from our office) for a percentage of the sales you referred
to our site every calendar month, provided you earn at least NRS
1000. If we need to send the checks/bank drafts via express couriers
to the address provided during registration (inside Nepal only),
you would have to bear the Bank & Courier charges yourself.
We welcome webmasters from Nepal as well as abroad. We can, however,
pay International webmasters in NRS inside Nepal only. You may
authorize someone you know such as a friend or relative to collect
the check from our office.
7.
Policies and Pricing
Customers who register through Revenue Share
Program will be deemed to be customers of NepalMatrimonial.com.
Thus, NepalMatrimonial.com Terms of Use/Service Agreement, Privacy
Policy as well as all other rules, policies, and operating procedures
concerning member conduct, customer service, and sales will apply
to those customers. We may also change prices for the service
we provide, our policies and operating procedures at any time
at our own sole discretion.
8.
Responsibility for Your
Site
You will be solely responsible for the development,
operation, and maintenance of your site and for all materials
that appear on your site. For example, you will be solely responsible
for the following (the list is not exhaustive):
•
The technical operation of your site and all related
equipment.
•
Ensuring that materials posted on your site do not violate
or infringe upon the rights of any third party (including,
for example, copyrights, trademarks, privacy, or other personal
or proprietary rights).
•
Ensuring that materials posted on your site are not libelous
or otherwise illegal.
We disclaim all liability for these matters.
Further, you will indemnify and hold us harmless from all claims,
damages, and expenses (including, without limitation, attorneys'
fees) relating to the development, operation, maintenance, and
contents of your site.
9.
Term of the Agreement
The term of this Agreement will begin upon our
acceptance of your Program application and will end when terminated
by either party. Either you or we may terminate this Agreement
at any time, with or without cause, by giving the other party
written notice of termination. Upon the termination of this Agreement
for any reason, you will immediately cease use of, and remove
from your site, all links to our site, and all NepalMatrimonial.com
trademarks, logos, and all other materials provided by or on behalf
of us to you in connection with the Program. You are only eligible
to earn referral fees on our sales of Qualifying Services/Products
occurring during the term, and referral fees earned through the
date of termination will remain payable only if the related orders
are not canceled or returned. We may withhold your final payment
for a reasonable time to ensure that the correct amount is paid.
10.
Modification
We may modify any of the terms and conditions
contained in this Agreement, at any time and in our sole discretion.
Modifications may include but not limited to changes in the referral
fees, referral fee schedules, payment procedures, and Program
rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, THE ONLY OPTION AVAILABLE
TO YOU IS TO TERMINATE THIS AGREEMENT BY SENDING US A WRITTEN
NOTICE. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING
CHANGES IN THE TERMS AND CONDITIONS ON OUR SITE WILL CONSTITUTE
BINDING ACCEPTANCE OF THE CHANGE.
11.
Relationship of Parties
You and we are independent contractors, and
nothing in this Agreement will create any partnership, joint venture,
agency, franchise, sales representative, or employment relationship
between the parties. 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 site or otherwise, that reasonably
would contradict anything in this Section.
12.
Limitation of Liability
We will not be liable for indirect, special,
or consequential damages (or any loss of revenue, profits, or
data) arising in connection with this Agreement or the Program,
even if we have been advised of the possibility of such damages.
Additionally, our aggregate liability arising with respect to
this Agreement and the Program will not exceed at any time and
under any circumstances the total referral fees payable to you
under this Agreement.
13.
Disclaimers
We make no express or implied warranties or
representations with respect to the Program or any services/products
sold through the Program (including any implied warranties arising
out of a course of performance, dealing, or trade usage). In addition,
we do not guarantee that the operation of our site will be uninterrupted
or error-free, and we will not be liable for the consequences
of any interruptions or errors.
14.
Acceptance of the Terms
& Conditions in This Agreement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT
AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT
WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS
ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT
OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR
WEB SITE. FURTHER, YOU HAVE INDEPENDENTLY EVALUATED AND DECIDED
TO PARTICIPATE IN THE PROGRAM.
Miscellaneous
The Agreement is deemed to have been
entered into at Lalitpur, Nepal and consequently the laws of Nepal will
govern the Agreement and the decision of a court of law with proper jurisdiction
in Nepal, if so sought, will be final.
Still have any questions about the NepalMatrimonial.com’s Revenue
Share Program? Contact
us.
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