Terms & Condition
As an applicant of the affiliate program (“Program”) or an authorized affiliate (“Affiliate”) of Earth Rhythm Pvt Ltd, you agree to abide by the terms and conditions contained herein (“Terms”). Please read the entire Terms carefully before registering and promoting Earth Rhythm as an Affiliate.
These following terms and conditions apply to individuals who are accessing or using the Program both as the merchant (“we” or “Merchant”) and an Affiliate (“you” or “Affiliate”) who refers customers to use product or service from the Merchant.
By participating in the Program, Affiliate agrees to use the Program in the manner specified in, and are bound by, these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as an Affiliate or participate in the Program in any manner.
1. Approval or Rejection of the Application
We reserve the right to approve or reject any Affiliate Program application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program application.
2. Account
You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign-up process for an Affiliate account (“Account”)
You must be 18 years of age or older to join this Program.
Each Account is for use by either a single legal entity (e.g., a company or a partnership) or an individual user. We do not permit you to share your username and password with any other person nor with multiple users on a network. Responsibility for the security of any usernames and passwords issued (including those of any Invitees) rests with you.
You may not use the Program for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws).
3. Affiliate Links and Coupon
An Affiliate link will be generated once you have been selected as an Affiliate, and, we may also assign, to you, coupon codes, specific to certain products, based on our sole discretion. Notwithstanding anything contained herein, if you’re not assigned a specific coupon code, then you’re not allowed to promote that coupon.
A customer using your Affiliate link and coupon code will not result in you earning a double commission. Further, in the event a customer visits our website through your Affiliate Link, however subsequently clicks on the referral link of another Affiliate or uses another Affiliate’s coupon code, this other Affiliate will get the commission attributed to such sale and not you.
It is hereby clarified that, the Company reserves the right to, at its sole discretion, pause the Program for updates or no reason, at any time, and no commission will be payable to the Affiliate during such time. The Affiliate shall be intimated about the suspension of the Program via email, and such suspension shall be said to be effective from the time such email is deemed to be served, in accordance with Clause 15 of these Terms. The Company shall further notify the Affiliates when the Program has been resumed, and the commission shall become payable,
from the date on which such resumption email is deemed to be served.
Affiliate may also advertise Merchant website and products on online channels such as Facebook, Instagram, or offline classified channel ads, magazines, and newspapers.
4. Affiliate Responsibilities
(i) We can monitor your site: You hereby give the Merchant, the right to monitor your website at any time to determine if you are following these Affiliate Terms, and to notify you of any changes we feel you should make to remain in compliance. Further, you must comply with any requests we make for you to take down specific content from your website. Failure to comply is a violation of these Terms and grounds for termination of your affiliate status.
(ii) We determine the policies for referred customers: Persons who become customers of Merchant’s products through referrals made in the Affiliate Program will be considered to be Merchant’s customers, at Merchant’s sole discretion. All the terms, rules, policies, and operating procedures that apply to Merchant’s users will apply to such referred customers. We may change the terms, rules, policies, and operating procedures at any time, as further described in these Terms and other terms as released/posted by the Merchant from time to time.
(iii) You will not promote Merchant through paid advertising or media buying that leads directly to the Merchant’s website (found at https://www.earthrhythm.com). This applies to all advertising platforms and to all Affiliates, unless direct approval from Merchant is granted.
(iv) You will not use Merchant’s name or variations of Merchant’s name in your domain names or social media pages: You may not register or purchase domain names that include Merchant’s name or any misspellings or variations of Merchant name to run promotions as an Affiliate. Additionally, you may not include Merchant’s name, variations of Merchant’s name, or the look and feel of Merchant’s own social media pages on any social media pages (i.e., Facebook Fan Page) where you run promotions as an Affiliate.
(v) You will be responsible for your website’s content: You may not promote Merchant content and products on a website that contains any form of misleading, defamatory, obscene, illegal, bigoted, pornographic or any other content deemed offensive by the Merchant.
(vi) You will not promote using cookie-stuffing: You may not use cookie stuffing techniques or click-generators that set the tracking cookie without the user actually clicking on the affiliate link. You will not artificially generate clicks or impressions on your site or create visits on the Merchant’s site, whether by way of a robot or software program or otherwise.
(vii) You will not mimic Merchant’s media and content: Publishers must make sure that his or her media does not copy or resemble the look and feel of the Merchant’s website or create the impression that your media is part of Merchant's website. You also understand that using the language found on Merchants’ pages verbatim is not allowed unless it is to describe the content found on any given product’slanding page.
(viii) You will be responsible for your use of content found on Merchant’s site: You may create your own promotional materials using pages from Merchant’ssite as reference. You may also use product images and part of the text in Merchants’ pages to promote the products accurately on your site. However, you may not download, copy, or use video content (free or paid) and upload them on your own site(s). Violation of this provision may result in the immediate termination of your Affiliate Account.
(ix) You will not use spyware, malware, virus and the like: You may not include on your site, display, or otherwise use affiliate links or other content that uses any spyware, malware, or virus, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device.
(x) You will be open and honest about your relationship to Merchant: You may not misrepresent or embellish the relationship between you and Merchant or imply any relationship or affiliation between you and Merchant or any other person or entity except as expressly permitted by these Terms. You may not represent yourself as an agent or employee of the Merchant or represent that you have the authority to bind the Merchant to a contract.
(xi) You cannot utilize a browser extension to promote Merchant or Merchant products without direct approval from Merchant: All coupon codes available in the extension must be approved by the Merchant. You also understand and agree that your browser extension cannot allow users to upload new coupons into the extension's feed.
(xii) You will be mindful of who you do business with: You may not use marketing practices that attract fake customers. Merchant, in Merchant’s sole discretion, will make the determination whether someone is a fake customer.
(xiii) You will not delete promotional material: You may not delete any promotional material, including but not limited to Affiliate links, posts, videos, images, that you may have posted online on any websites/social media sites including but not limited to Facebook, Instagram and YouTube, even after the termination of your Affiliate status.
5. Commissions
Commissions will be paid once a month on every 15th day of the month.
You cannot refer yourself, and you will not receive a commission on your own accounts. There is also a limit of one commission per referral. If someone clicks the link on your site and orders multiple accounts, then you will receive a commission on the first order only.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds or a fail in COD will not be paid out and approved for commission.
6. Termination
Your Affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
• Inappropriate advertisements (false claims, misleading hyperlinks, etc.). • Spamming (mass email, mass newsgroup posting, etc.).
• Advertising on sites containing or promoting illegal activities
• Violation of intellectual property rights. Earth Rhythm reserves the right to require license agreements from those who employ trademarks of Earth Rhythm in order to protect our intellectual property rights.
• Self-referrals, fraudulent transactions, suspected Affiliate fraud
In addition to the foregoing, Earth Rhythm reserves the right to terminate any Affiliate Account at any time, for any violations of these Terms or for no reason. It is hereby clarified that, notwithstanding anything contained in these Terms, in the event Earth Rhythm terminates your Affiliate status, you shall stop receiving commission from the date on which your status was terminated.
7. Term
The applicability of these Terms begins upon your acceptance in the Program and will end when your Affiliate Account is terminated, unless the clause is a surviving clause.
The terms and conditions herein may be modified by us at any time. If any modification to the terms and conditions herein are unacceptable to you, your only choice is to terminate your Affiliate Account. Your continuing participation in the Program will constitute your acceptance of any change.
8. Guidelines
Affiliate shall comply with the guidelines for disclosure under the ‘Guidelines for Influencer Advertising on Digital Media’ (“Guidelines”), released by the Advertising Standards Council of India, effective from 14th June 2021, and any future amendments that may be made to the same. Affiliate shall be responsible for ensuring that all the requirements contained in the Guidelines are fulfilled. The disclosure requirements contained in the Guidelines are reproduced below and the Affiliate acknowledges that the Guidelines may be amended, and these Terms shall be constrained to have been updated to reflect any such amendments that may be passed.
(i) Disclosure must be upfront and prominent so that it is not missed by an average consumer a. It should be placed in a manner that is hard to miss.
b. Disclosures are likely to be missed if they appear only on an ‘ABOUT ME’ or profile page, or bios, at the end of posts or videos, or anywhere that requires a person to click ‘MORE’.
c. Disclosure should not be buried in a group of hashtags or links.
(ii) Using a platform’s disclosure tool should be considered in addition to an influencer’s own disclosure.
(iii)If the advertisement is only a picture or video post without accompanying text (such as Instagram stories or Snapchat), the discloser label needs to be superimposed over the picture/video and it should be ensured that the average consumer is able to see it clearly.
a. For videos that last 15 seconds or lesser, the disclosure label must stay for a minimum of 3 seconds.
b. For videos longer than 15 seconds, but less than 2 minutes, the disclosure label should stay for 1/3rd the length of the video.
c. For videos which are 2 minutes or longer, the disclosure label must stay for the entire duration of the section in which the promoted brand or its features, benefits etc are mentioned.
(iv)In live streams, the disclosure label should be announced at the beginning and the end of the broadcast. If the post continues to be visible after the live stream is over, appropriate disclosure must be added to the text/ caption.
(v) In the case of audio media, the disclosure must be clearly announced at the beginning and at the end of the audio, and before and after every break that is taken in between.
9. Indemnity
Affiliate shall indemnify and keep Earth Rhythm indemnified against any third-party claim, action, cost, suit, litigation or proceedings arising out of and/or related to any non-compliance of any of the terms and conditions contained herein and/or applicable law by the Affiliate.
10. Intellectual Property Rights
You are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your website) obey all applicable copyright, trademark, and other laws. Earth Rhythm will not be responsible if you use another party's copyrighted or trademarked material in violation of the law.
11. Limitation of Liability
We will not be liable to you with respect to any subject matter of these Terms 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 you have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in these Terms, in no event shall our cumulative liability to you arising out of or related to these Terms, whether based in contract, negligence, strict liability, tort, or other legal or equitable theory, exceed the total commission paid to you under these Terms.
12. Disclaimer - We make no express or implied representations or warranties regarding Earth Rhythm. Any implied warranties of merchantability, fitness for a particular purpose, accuracy, reliability and non-infringement are expressly disclaimed and excluded. In addition, we make no representation that the operation of our website will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors.
13. Relationship between the Parties
Affiliate and Earth Rhythm are independent contractors, and nothing in these Terms 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 these Terms.
14. Arbitration
Any dispute relating in any way to these Terms (including any actual or alleged breach hereof), any transactions or activities under these Terms or your relationship with us or any of our Affiliates shall be submitted to confidential arbitration in Gurgaon, Haryana. Arbitration under these Terms shall be conducted in the English language in accordance with the rules then prevailing under the Indian Arbitration and Conciliation Act, 1996. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
15. Notice
All notices given by you to us must be given to Earth Rhythm at collaboration@earthrhythm.com . We may give notice to you at the e-mail address you provided to us when registering. Notice will be deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. Waiver
If we fail, at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled hereunder, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
17. Severability
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. Entire Agreement
These Terms and any document expressly referred to in it represents the entire agreement between us in relation to the use of the Program and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into these Terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these Terms except as expressly stated herein.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into these Terms (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.
19. Governing Law and Jurisdiction
This legal notice shall be governed by and construed in accordance with Indian law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the courts at Gurgaon, Haryana.
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