|Affiliate Terms of Service
Open Only For Our Customers
AGREEMENT. In this Affiliate Agreement ("Agreement") "you"
and "your" refer to the individuals or companies that choose
to participate in the Scorpio Informatics Pvt Ltd revenue sharing Affiliate
Program, "we", us" and "our" refer to Scorpio Informatics Pvt Ltd.
Term of the Agreements:
The term of this Agreement will begin upon our acceptance
of your Affiliate 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. You are only eligible to earn
referral fees on sales occurring during the term.
Representations: You agree that all your advertising
and promotion of our services shall be truthful in nature.
Any affiliate that falsely represents the services offered
by Scorpio Informatics Pvt Ltd shall be immediately deactivated without
receiving any commissions owed, and may be subject to criminal
SPAM: You agree that you shall not advertise our
services through SPAM, which we loosely define as unsolicited
e-mailings or posting of messages to unrelated Newsgoups or
Message boards. Furthermore, any method used for promotion
of our services must not be in violation of the rules, or
terms, of that promotional medium.
Modification: We may modify any of the terms and
conditions contained in this Agreement, at any time and in
our sole discretion, by posting a change notice or a new agreement
on our website. Modifications may include, for example, changes
in the scope of available referral fees, fee schedules, payment
procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE
TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT.
YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR
POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL
CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. If we deem that
the changes to these terms are of significant nature, we will
make an effort to notify you of the revised terms via the
e-mail address that we have on record for you. It is our sole
discretion as to what changes shall be considered "significant",
and our failure to notify you of any changes to these terms
SHALL NOT be viewed as a breech of this Affiliate Agreement.
Disclaimer of Warranty, Limitation of Liability:
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE IS
AT YOUR OWN RISK. NEITHER Scorpio Informatics Pvt Ltd NOR ITS SUBSIDIARIES,
SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES,
AGENTS OR SUBCONTRACTORS WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT WITHIN
THE SERVICE. THE SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE”
BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES AND NON-INFRINGEMENT.
IN NO EVENT WILL Scorpio Informatics Pvt Ltd NOR ITS SUBSIDIARIES,
SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES,
AGENTS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES
(EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING
OUT YOUR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE,
INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED
PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES
THAT RESULT FROM MISTAKES, INACCURATELY ENTERED DATA, UNAUTHORIZED
USE, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN
OPERATION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED
TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION
OR UNAUTHORIZED ACCESS TO INSTITUTIONS RECORDS, PROGRAMS OR
SERVICES. YOU AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY
REPRESENT A REASONABLE ALLOCATION OF RISK. Further, our aggregate
liability arising with respect to this Agreement and the Program
will not exceed the total referral fees paid or payable to
you under to this Agreement.
Independent Investigation: YOU ACKNOWLEDGE THAT YOU
HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.
YOU UNDERSTAND THAT THIS IS NOT A "RESELLER" PROGRAM,
AND THAT ALL PRODUCTS AND SERVICES WILL BE SOLD DIRECTLY FROM
Scorpio Informatics Pvt Ltd TO OUR CUSTOMERS, WHICH YOU REFER TO US.
YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING
IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION,
GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Agreement: These Affiliate Agreement completely and exclusively
states the agreement of the parties regarding the subject
matter, and supersede all prior agreements and understandings
except those posted on this web page,
whether written or oral, with respect to the subject matter
of this Affiliate Agreement.
You agree that failure to abide by any provision of this Agreement
may be considered by Scorpio Informatics Pvt Ltd to be a material breach
and that Scorpio Informatics Pvt Ltd may
terminate your affiliate status and withhold any commissions
owed. Any such breach by you shall not be deemed to be excused
simply because Scorpio Informatics Pvt Ltd did not act earlier in response
to that, or any other breach by you.
of Refusal: Scorpio Informatics Pvt Ltd, in its sole discretion,
reserves the right to refuse service to anyone for any
reason. Your acceptance into our Affiliate Program is also
our sole discretion and may be refused for any reason.
Miscellaneous: This Agreement will be governed by
the laws of India and the State of Madhya Pradesh, without
reference to rules governing choice of laws. Any action relating
to this Agreement must be brought in the federal or state
courts located in the State of Madhya Pradesh, and you irrevocably
consent to the jurisdiction of such courts. You may not assign
this Agreement, by operation of law or otherwise, without
our prior written consent. Subject to that restriction, this
Agreement will be binding on, inure to the benefit of and
be enforceable against the parties and their respective successors
and assigns. Our failure to enforce your strict performance
of any provision of this Agreement will not constitute a waiver
of our right to subsequently enforce such provision or any
other provision of this Agreement.
Affiliate Program Structure: This is a Two Tier Affiliate Program With
Referral Fees Payment Being as Follows:
From Your Direct Sales: 15% of Sales Value
From Your Indirect Sales (Sales By Your Direct Referrals):
20% of Commissions Earned by Them. This effectively means that you get 3% of their sales
To Signup As Our Affiliate You Have To Be Our Customer.
Affiliate Program Is Not Open For Others. By Customer Is Meant That You Have A
Domain Registered Through Us And Have A Site Hosted On Our Servers.
Signup Bonus: We start your account with 10 US $ as Signup Bonus. This is payable
only if you reach payout within 90 days of signup and validation of your account by
Administrator. We also declare Bonuses depending upon how you perform with respect to
achieving your payouts.
Payouts And Mode Of Payments: International Affiliates Are Paid Through Paypal.
Indian Affiliates are Paid through INR equivalent Paper Check Mailed To Their Address On
File Through Courier. Courier Expenses Are Debited From The Payables. Payouts Are
Generated On Every 7th Of Each Month And Payments Released As Per The Minimum Balance
(available in your online affiliate account) terms. If The Account Balance Is Below That
The Balance Is Rolled Over to Next Month. These Referral Fees Payments Are
Recurring, Which Means That As Long AS They Remain Our Customer, You Get Your Referral Fees
every time they purchase or renew their account with us.