An affiliate program is a marketing strategy in which a company rewards individuals or other businesses (affiliates) for each customer brought to the company through the affiliate's own marketing efforts. This is a popular way for businesses to expand their reach and promote their products or services. In this document, we will outline the terms and conditions of the affiliate program for the website Online Shopping in Pakistan (hereinafter referred to as "Company").
1.1 "Affiliate" means the individual or entity that has agreed to participate in the Company's affiliate program.
1.2 "Customer" means a person who makes a purchase on the Company's website through an affiliate's referral link.
1.3 "Referral Link" means a unique link provided to the affiliate by the Company for the purpose of tracking referrals and attributing commissions.
1.4 "Commission" means the payment due to the affiliate for each successful referral made by the affiliate.
1.5 "Agreement" means this affiliate agreement between the Company and the affiliate.
2.1 The Company hereby appoints the affiliate as a non-exclusive affiliate for the purpose of promoting the Company's products or services to potential customers.
2.2 The affiliate acknowledges and agrees that it is not an employee or agent of the Company, and that it has no authority to bind the Company to any obligations or commitments.
3.1 The Company agrees to pay the affiliate a commission for each successful referral made by the affiliate.
3.2 The commission rate shall be as agreed upon by the parties, and may vary depending on the product or service being promoted.
3.3 The commission will only be paid for successful referrals, which are defined as customers who make a purchase on the Company's website using the affiliate's referral link.
3.4 The Company shall have no obligation to pay any commission to the affiliate for referrals that are not properly tracked or attributed to the affiliate's referral link.
4.1 The affiliate shall promote the Company's products or services through various marketing channels, including but not limited to social media, email marketing, and online advertising.
4.2 The affiliate shall use the referral link provided by the Company in all marketing efforts.
4.3 The Company shall be solely responsible for tracking referrals and attributing commissions.
4.4 The Company shall provide the affiliate with access to reports that show the status of referrals and commissions.
4.5 The affiliate acknowledges and agrees that it is responsible for ensuring that its marketing efforts comply with all applicable laws and regulations.
5.1 The relationship between the Company and the affiliate is that of independent contractors, and nothing contained in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between the parties.
5.2 The affiliate shall have no authority to make any representations or warranties on behalf of the Company, or to bind the Company to any obligations or commitments.
5.3 The Company shall have no liability for any act or omission of the affiliate, including but not limited to any misrepresentation or breach of warranty by the affiliate.
6.1 The affiliate acknowledges and agrees that it may have access to certain confidential and proprietary information of the Company, including but not limited to customer data, marketing strategies, and financial information (collectively, "Confidential Information").
6.2 The affiliate shall use the Confidential Information solely for the purpose of performing its obligations under this Agreement, and shall not disclose the Confidential Information to any third party.
6.3 The obligations set forth in Section 6.2 shall survive the termination of this Agreement.
6.4 The affiliate acknowledges and agrees that any breach of the confidentiality provisions of this Agreement may cause irreparable harm to the Company, and that the Company shall be entitled to seek injunctive relief to enforce the confidentiality provisions, in addition to any other remedies available under applicable law.
7.1 The affiliate shall use its best efforts to promote the Company's products or services and to refer potential customers to the Company's website.
7.2 The affiliate shall not engage in any deceptive, misleading, or unethical marketing practices, including but not limited to false advertising or spamming.
7.3 The affiliate shall not promote the Company's products or services on any website or through any marketing channel that contains or promotes illegal, offensive, or discriminatory content.
7.4 The affiliate shall not use any trademark, logo, or other intellectual property of the Company without the Company's prior written consent.
7.5 The affiliate shall comply with all applicable laws and regulations relating to the promotion of the Company's products or services, including but not limited to those related to consumer protection and data privacy.
8.1 The Company shall provide the affiliate with the referral link and any other necessary materials for the purpose of promoting the Company's products or services.
8.2 The Company shall be solely responsible for processing orders and providing customer service for customers who make a purchase through the affiliate's referral link.
8.3 The Company makes no representations or warranties regarding the quality or suitability of its products or services, and shall have no liability for any damages arising from the use of its products or services.
8.4 The Company shall not be liable for any indirect, incidental, special, or consequential damages arising from or in connection with this Agreement, including but not limited to lost profits or loss of data.
9.1 The Company retains all right, title, and interest in and to its trademarks, logos, and other intellectual property.
9.2 The affiliate shall not use any trademark, logo, or other intellectual property of the Company without the Company's prior written consent.
9.3 The affiliate acknowledges and agrees that any use of the Company's intellectual property without the Company's prior written consent may result in immediate termination of this Agreement and may also result in legal action by the Company to protect its intellectual property rights.
10.1 The affiliate agrees to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from or in connection with the affiliate's breach of this Agreement or any of its representations or warranties.
11.1 This Agreement shall commence upon the affiliate's acceptance of the terms and conditions of this Agreement and shall continue until terminated by either party.
11.2 The Company may terminate this Agreement at any time, with or without cause, upon written notice to the affiliate.
11.3 The affiliate may terminate this Agreement at any time, upon written notice to the Company.
11.4 Upon termination of this Agreement, the affiliate shall immediately cease all marketing efforts on behalf of the Company, and shall return or destroy all Confidential Information in its possession.
12.1 The affiliate is not permitted to delegate or convey this Agreement or any of its rights or responsibilities under this agreement without obtaining the prior written approval of the Company.
12.2 The Company may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the affiliate.
13.1 The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or of the right to enforce it at a later time.
14.1 Any changes or alterations to this Agreement can only be made by written consent signed by both parties involved.
15.1 Each party shall execute and deliver such documents and take such further actions as may be reasonably required to carry out the provisions of this Agreement.
16.1 The laws of Pakistan shall govern and interpret this Agreement in its entirety.
17.1 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
18.1 This Agreement represents the complete and comprehensive agreement between the parties regarding the subject matter, and replaces all prior or current communications and proposals, regardless of whether they were verbal or written, between the parties relating to the same subject matter.
19.1 The section headings included in this Agreement are provided for reference purposes only and will not impact the interpretation of this Agreement.
20.1 Any disputes arising out of or in connection with this Agreement shall be resolved through good faith negotiations between the parties.
20.2 If the parties are unable to resolve the dispute through negotiations, the dispute shall be referred to arbitration in accordance with the Arbitration Act, 1940 of Pakistan.
21.1 In the event of any legal action arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.
21.2 This provision for attorneys' fees and costs applies to any and all legal actions, including but not limited to arbitration, mediation, and litigation.
21.3 The prevailing party for the purposes of this Section 21.1 shall be determined by the arbitrator, mediator, or court, as the case may be.
21.4 The award of attorneys' fees and costs shall be in addition to any other relief awarded in such legal action.
21.5 The party seeking attorneys' fees and costs shall submit to the arbitrator, mediator, or court a detailed statement of its attorneys' fees and costs, including hourly rates and the time spent by each attorney, paralegal, and staff member.
21.6 The opposing party shall have the opportunity to review and object to the statement of attorneys' fees and costs, and the arbitrator, mediator, or court shall determine the reasonableness of the fees and costs claimed.
21.7 If the arbitrator, mediator, or court determines that the fees and costs claimed are excessive or unreasonable, the prevailing party shall only be entitled to recover the reasonable attorneys' fees and costs actually incurred.
21.8 The parties acknowledge that this provision for attorneys' fees and costs is a material inducement for each party to enter into this Agreement, and that neither party would have entered into this Agreement without this provision.
21.9 The provisions of this Section 21.1 shall survive any termination or expiration of this Agreement.
22.1 All notices and other communications required or permitted under this Agreement shall be in writing and shall be delivered by hand or sent by registered mail or email to the involved parties at the addresses mentioned below:
22.2 Notices shall be deemed given when delivered by hand, or when sent by registered mail, return receipt requested, or by email, and deemed received upon actual receipt or three (3) business days after being deposited in the mail, whichever occurs first.
22.3 In the event of any dispute regarding the delivery or receipt of a notice, the sending party shall have the burden of proof that the notice was sent and received.
22.4 Notices sent in accordance with this Section 22 shall be deemed to have been given in writing and received by the intended recipient.
As of the Effective Date, the parties have affixed their signatures to this Agreement as a testimony to their agreement.
Online Shopping in Pakistan
123 Main Street
Karachi, Pakistan
Email: info@onlineshopping.com.pk
[Insert Affiliate Name]
By: [Insert Name]
Title: [Insert Title]
