Affiliate Program Terms and Conditions
1. JOINING THE BIG SHAKTI AFFILIATE
PROGRAM
By filling out the Affiliate
Application form on the Site (bigshakti.com), you will automatically be bound by
the terms and conditions of this agreement.
Only applicants who have been
notified of approval after completing the Affiliate Application form may participate
or use the Site. No paid fee is required for participation
in Big Shakti’s Affiliate Program. Participation in Big Shakti’s
Affiliate program is solely for this purpose: to legally advertise our website to
receive a commission on products purchased by your referral individuals.
2. REVOCATTION OF AFFILIATE STATUS
Your affiliate application and
status in the program may be suspended or terminated, without prior notice, at any
time, for any of the following reasons including without
limitation:
- Breach of any of these terms and conditions
- Breach of any law, act, ordinance, regulation, or applicable internet regulation
and or code of conduct
- Breach of any rules or code of conduct of Big Shakti which may from time to time
be published on this site
- Inappropriate
advertisements (false claims, misleading hyperlinks)
- Sites that
Big Shakti deems as inappropriate for our product range
- Any non-opt-in
email marketing including spamming (mass email, mass newsgroup posting, e-newsletters,
etc)
- Advertising
on sites containing/promoting illegal activities or site that contain gambling,
pornography, racism, promotion of prescription drugs
- Violation
of copyright, trademark and intellectual property rights.
3. AFFILIATE LINKS
You may use graphic and text
links both on your website and in emails as provided to you by Big Shakti’s Affiliate
program. You may also create your own
banner as long as they are deemed appropriate according to the conditions in 2.
In the event that you create
your own banner advertisement or graphic, it must be pre-approved by Big Shakti,
prior to becoming "active."
4. TRACKING OF ORDERS PLACED
VIA AN AFFILIATE LINK
As your site visitor clicks through
your affiliate link, a cookie is set in their browser that contains your affiliate
ID. When this person decides to buy a product, the script will look for this cookie
to identify the affiliate to be awarded the commission. Visitors sent through your
affiliate link may make a purchase at a later time (up to 30 days) and the commission
will still be awarded if the cookie is present in their browser.
5. DURATION AND AMEMDMENT
These terms will begin upon your
approval to the affiliate program and end when your affiliate account is terminated
either by you, or, in the event of a violation of terms as set forth in Section 2,
by Big Shakti.
The terms of this agreement may
be modified by Big Shakti by variation hereof without
notice of your consent or acceptance. If any modification
to the terms is unacceptable
to you, you may choose to terminate your affiliate account by providing notice in
accordance with the requirements set out at Miscellaneous.
Your continuing participation in the program will constitute your acceptance of
any change.
Before you seek to refer to or rely upon these Terms and Conditions you must check
the current Terms and Conditions.
6. LIABILITY
Under no circumstance will Big
Shakti be held liable for indirect or accidental damages (including without limitation for loss of revenue, commissions or indirect
loss of profit or opportunity or arising out of any third party liability)
due to affiliate tracking failures, loss of database files, and any results of denial of
service attack, virus, code failure, fault or error, trojan or other interruption
failure fault or error to the affiliate program or our website including any incorporated
or utilised third party code.
We do not make any expressed
or implied warranties with respect to the affiliate program and/or products sold
at this site. We make no claim that the operation of the affiliate program and our
website will be error-free and are not be liable for any interruptions or errors.
Also, all sales fall under these Terms & Conditions
and we reserve the right to not facilitate transactions that
we do not feel are in our best interest.
By completing the online application
to become an affiliate of Big Shakti, it is acknowledged that you have familiarized
yourself with the Terms and Conditions, understand, and abide by them.
7. TAXATION
It is the Affiliate’s sole responsibility
to understand and abide by any federal, state, local or foreign tax laws that may
apply to your receipt of revenue. The Affiliate understands that he/she may be required
to complete certain tax information reporting forms, in accordance with your state
or country, prior to your receipt of any monetary sums. The Affiliate further understands
that Big Shakti may be required to provide information regarding affiliate earnings
to government taxation agencies that request such information concerning its citizens.
If goods and services tax (“GST”) is payable in respect of payments made under the
Affiliate Program the consideration payable will be increased by the amount of GST.
Big Shakti will provide you with a valid tax invoice.
8. TRADEMARKS, COPYRIGHTS AND PROPRIETARY
RIGHTS
Affiliates may not distribute,
modify, transmit, reuse, re-post, or use the content of the Site for public or commercial
purposes, including the text and images, without Big Shakti’s written permission.
Affiliates should assume that
everything you see or read on the Site is copyrighted unless otherwise noted and
may not be used except as provided in this Affiliate Agreement or in the text on
the Site without the written permission of Big Shakti. Big Shakti neither warrants
nor represents that your use of materials displayed on the Site will not infringe
rights of third parties.
Big Shakti assumes no responsibility, and shall not be liable for, any damages to,
or viruses that may infect Affiliates computer equipment or other property on account
of your access to, use of, or browsing in the Site or your downloading of any materials,
data, text or images.
The trademarks and logos displayed
on the Site are registered and unregistered Trademarks of Big Shakti and/or others.
Nothing contained on the Site should be construed as granting, by implication, estoppel
or otherwise, any license or right to use any Trademark displayed on the Site without
the written permission of Big Shakti or such third party that may own the Trademarks
displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any
other content on the Site, except as provided in this Agreement, is strictly prohibited.
You are also advised that Big Shakti will aggressively enforce its intellectual
property rights to the fullest extent of the law, including the seeking of criminal
prosecution.
9. MISCELLANEOUS
Big Shakti may not review all
of the sites linked to by the Site and is not responsible for the content of any
off-site pages or any other sites linked to the Site. Affiliate linking to any other
off-site pages or other sites is at the Affiliate’s own risk.
The regulations, terms and conditions
contained in these Terms and Conditions represent the complete, final and exclusive agreement between Big
Shakti and the Affiliate, and supersede all prior agreements, representations and
understandings between Big Shakti and the Affiliate.
Big Shakti may terminate accounts at any time. However, such termination does not affect the enforceability
of the terms and conditions of this Agreement as they relate to acts and omissions
during the period prior to such termination.
The Affiliate acknowledges that
if any provision of this Agreement conflicts with any other rule, regulation, term
or condition of the Site, the terms and conditions of this Agreement shall govern. Notices shall be delivered to us via our Contact
Us page Notice and notices from us to you will be via your email address as provided
by you, and shall be deemed to have arrived when received or within two (2) days
of having been sent (whichever is the sooner).
You shall not modify the Affiliate Program link or any component thereof in any
way unless permission from Big Shakti is first received in writing.
You agree and acknowledge that Big Shakti owns all goodwill, name, reputation and
intellectual property rights in Big Shakti and the Affiliate Program and all the
content, products and services of Big Shakti and any enhancements or changes thereof.
You acknowledges that you never had and do not have and will not claim to have any
intellectual property rights, goodwill name or reputation in or in association with
Big Shakti.
This Agreement shall be construed under and governed by the laws of New South Wales
Australia and the parties agree to submit to the jurisdiction of the courts of New
South Wales Australia.