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Nikah.com Affiliate Partnership Program Agreement



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This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Nikah.com's Affiliates Partnership Program (the "Affiliate Program"). By signing up for Nikah.com Affiliate program as delineated below you agree to be bound and to comply with the terms and conditions as set about hereunder.
 
As used in this Agreement, "we" means Nikah.com, and "you" means the applicant. "Web site" means a World Wide Web site and, depending on the context, refers either to Nikah.com's Web site located at the URL http://www.nikah.com, or to the Web site that you will link to our Web site (and which you will identify in your Program application).
 
01. Enrollment in the Affiliate Program?
To begin the enrollment process, you will submit a complete Affiliate Program application via our Web site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your Web site is unsuitable for the Affiliate Program. Unsuitable sites include those that:
   
 
  • Against Islamic principles
 
  • Promotion of illegal activities
 
  • Violent images or messages that promote violence;
 
  • Dating web sites
 
  • Sexually explicit material (pornography);s
 
  • Offer sales or promote of alcohol, tobacco or tobacco-related products, prescription drugs
 
  • Offers Incentives (monetary or point-based) to users to click on Nikah.com links or ads
If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your Web site is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this Agreement without notice to you
 
02. Links On Your Web site
Once you have been notified that your Website has been accepted into the Affiliate Program, you may provide on your Website one or more of the following types of links to our Website. We will provide you with guidelines and graphical artwork / codings to use in linking to our home page.
 

We will provide you with guidelines and graphical artwork to use in linking to our home page. To permit accurate tracking, reporting, and commission fee accrual, we will provide you with special "tagged" link formats to be used in all links between your Website and our Website. You must ensure that each of the links between your Website and our Website properly utilizes such special link formats. Links to our Website placed on your Website pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will only earn referral fees and commission fees with respect to activity on our Website occurring directly through Special Links (The term Special Links means a link which contains your affiliate partnership id in the URL) 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. You will, however, earn commission fees with respect to all Membership purchases on our Website once from the above mentioned "tagged" link.

In addition, you may not:

(a) Purchase or register search engine keywords, AdWords, search terms or other identifying terms and domain names that include the word "Nikah" or any variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service. Specifically, this policy prohibits You from bidding on:
 

  • Nikah.com's trademark, "Nikah", Nikah.com and any keyword     string that includes this term. For example, "Nikah", "Nikah Singles",     "Nikah and marriage", ;
 
  • Variations of Nikah.com trademark: for example "Nikah", "www.Nikah.com", "www.Nikah", "wwwNikah.com", etc.

(b) Dilute, blur or tarnish the value of Nikah.com trademark, and/or Membership and services. (For example, you are not allowed to say that you offer better and/or more promotions, Membership and services than Nikah.com)

(c) Misrepresent Nikah.com brand including URL, logos, trademarks and tradenames.

(d) Engage in indiscriminate or unsolicited commercial and/or advertising emails.

(e) Cause or enable any sales to be made that are not in good faith, including, but not limited to, by means of any device, program, robot, Iframes, hidden frames, and redirects.

(f) Establish or cause to be established any promotion that provides any rewards, points or compensation for sales, or that allows third parties to place Links to the Nikah.com Web site or Web site content, without such Nikah.com's prior written permission.

(g) Use all existing or future software Membership and services (including without limitation any computer programming code that is an add-on or bundled with any browser or other host application) that will replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner the Web user's access, view or usage of, or other aspect of the Web user's experience at any Nikah Affiliate Websites in a manner that causes or otherwise results in a different experience from what was otherwise intended by Nikah Affiliates;

(h) Use all existing or future software Membership and services that will block, alter, direct, redirect, substitute, insert, append itself to, or otherwise intercept or interfere in any manner with any click through or other traffic-based transaction that originated from Nikah Affiliates with the result of reducing any compensation or other payment earned by or owing to Nikah Affiliates.

If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.

 

03. Referral Fees

 

  1. We will pay you (in accordance with the terms described below) referral fees on certain sales to third parties. To be eligible to earn a referral fee, the customer must follow a Special Link (referred as "Special Link" Or "Affiliate Link" Or "Partner Link")from your site to our site, register for Free on Nikah.com.

  2. Our referral fee is USD 0.10. In addition you shall also be entitled to receive a revenue share depending upon the revenue share model you have opted for, whenever a member referred from your website suscribes to a premium membership.

  3. Referral Fees / sales commission is not applicable to members renewing their memberships at Nikah.com.

  4. The referral fees will be effected only upon approval of the free profile by Admin of Nikah.com and included in our database. Dummy / testing profiles will not be calculated and the profiles will be removed.

You may not place orders during sessions initiated through the links on your site for your own use, for resale or commercial use of any kind. This includes orders for customers or on behalf of customers or orders to be used by you or your friends, relatives or Alliances in any manner. Such purchases may result (in our sole discretion) in the withholding of referral fees or the termination of this Agreement. A Qualifying Product is one on the sale of which a Partner is entitled to Qualifying Revenues.

In addition, you may not directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money or awarding of any benefits) for using Special Links (referred as "Special Link" Or "Affiliate Link" Or "Partner Link")on your site to access our site (e.g., by implementing any "rewards" program for persons or entities who use 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 / commissions otherwise payable to you under this Agreement.

 

04. Order Processing :

We will process orders placed by customers who follow special links from your Website to our Website. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms; process payments, cancellations, chargebacks, and refunds; and handle customer service. We will track membership sales made to customers who purchase membership using special links from your Website to our Website 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.

 

05. Payments :
We will pay you commission fees on a monthly basis. 30 days following the end of each calendar month, we will send you payment through PayPal for the commission fees earned on your sales of Qualifying Membership that were sold during that month, less any taxes that we are required by law to withhold. However, if the commission fees payable to you for any month are less than USD.30, we will hold those commission fees until the total amount due is at least USD 30.00 or (if earlier) until this Agreement is terminated. If a Membership that generated a commission fee is returned by the customer, we will deduct the corresponding commission fee from your next monthly payment. If there is no subsequent payment, we will send you a bill for the commission fee.

If you do NOT wish to receive funds via PayPal, we can pay you via wire transfer if your account balance reaches to USD 500.
 
06. Policies and pricing:
Customers who buy Membership through this Program will be deemed to be customers of Nikah.com. Accordingly, all of Nikah.com's rules, policies, and operating procedures concerning customer orders, customer service, and Membership sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for Membership sold under this Program in accordance with our own pricing policies. Membership prices and availability may vary from time to time. Because price changes may affect Membership that you already have listed on your Website, you may not include price information in your Membership descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular Membership. Every order will have the order numbers, you would be intimated against the order number and your commission amount.
 
07. Affiliate Identity:

You may not make any press release, advertising / identifying yourself as an affiliate of Nikah.com. For a press release of this type, you must obtain written permission from Nikah.com. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that Nikah.com supports, sponsors, endorses or contributes money to any charity or other cause).

 

08. Limited License:

We grant you a nonexclusive, revocable right to use the graphic image and text described in Section 8 and such other images for which we grant express permission, solely for the purpose of identifying your Website as a Program participant and to assist in generating Membership sales. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.

In addition, we grant you a nonexclusive, worldwide right to reproduce and use all graphic images and other materials provided to you, solely for the purpose of creating Links connecting your Website to the Nikah.com Website and promoting Membership for sale. These Membership images must be served by Nikah.com's Website and cannot be used in any form other than the form provided by Nikah.com.

 
09. Responsibility for your website:

You will be solely responsible for the development, operation, and maintenance of your Website and for all materials that appear on your Website. For example, you will be solely responsible for:

  • The technical operation of your Website and all related equipment
  • The accuracy and appropriateness of materials posted on your Website (including, among other things, all Membership-related materials)
  • Ensuring that materials posted on your Website 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 Website are not libelous or otherwise illegal

 

10. Resale and special incentive restrictions :

You may not purchase Membership during sessions initiated through the links on your Website for resale or commercial use of any kind. This includes orders for customers or on behalf of customers. Such purchases may result (in our sole discretion) in the withholding of commission fees or the termination of this Agreement. Membership that are eligible to earn commission fees under the rules set forth above are referred to as "Qualifying Membership."

In addition, you may not:

(a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using Special Links on your Website to access our Website (e.g., by implementing any "rewards" program for persons or entities who use Special Links on your Website to access our Website). 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 commission fees otherwise payable to you under this Agreement and/or terminate this Agreement.

 
11. 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 Website, all links to our Website, Membership images from our database, and all Nikah.com trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are only eligible to earn commission fees on our sales of Qualifying Membership occurring during the term, and commission 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.
 
12. 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 commission fees, commission fee schedules, payment procedures, and Program rules. In the event of substantive changes to the terms of this agreement, you will be contacted by Email. Substantive changes include changes in the commission schedule. 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 Website will constitute binding acceptance of the change.
 
13. 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 Website or otherwise, that reasonably would contradict anything in this Section.
 
14. Limitation Of Liability :

We will not be liable for direct or 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.

You hereby agree to indemnify and hold harmless Nikah.com and its subsidiaries and affiliates, franchises and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on  

  • (a) any claim that our use of the Affiliates Trademarks infringes on any trademark, trade name,     service mark, copyright, license, intellectual property, or other proprietary right of any third party,
  • (b) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or
  • (c) any claim related to your Website, including, without limitation, content therein not attributable to us.

15. Disclaimers :
We make no express or implied warranties or representations with respect to the Program or any Membership sold through the Program (including, without limitation, warranties of fitness, merchantability, non infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our Web site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

16. Independent Investigation :
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 WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. 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.

17. Miscellaneous
This Agreement will be governed by the laws of the India and the state of Tamilnadu, India 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 Chennai, Tamil nadu, India 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 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. Rules Regarding Affiliates Communications And Promotion The following rules apply to any press release or other communication that you may want to issue in connection with your participation in the Nikah.com Affiliates Program, as well as to any other promotion of your Website. Press Releases And Other Communications (Including All Communications On Your Web site Or Via Other Media)

Any communication must accurately identify that you are participating in the "Nikah.com Affiliates Program."

Any communication must clearly and accurately describe the nature of your participation in the Nikah.com Affiliates Program: your communication must not create confusion or misrepresent the nature of your or any other participant's participation in the Nikah.com Affiliates' Program.

You may, without our prior consent, say the following in any communication: that you have become a Nikah.com Affiliate, and/or that you have joined or become a member of the Nikah.com Affiliates Program.

You must obtain our prior written consent to use any other description of your participation in the Nikah.com Affiliates Program or of the program itself, which we may give or withhold at our sole discretion. If you seek such consent, please submit the entirety of your proposed press release to us by Email at partners@nikah.com for review. Other Web site Promotion.

To protect the integrity of the reputation of Nikah.com Affiliates as well as the Nikah.com brand name, you may not promote your Web site via certain forms of indiscriminate advertising, commonly referred to as "spamming." Accordingly, you may not promote your Web site via postings to non-commercial newsgroups or cross-postings to multiple newsgroups at once.

Notwithstanding the foregoing, you may promote your Web site via mailings to recipients who are already customers or subscribers to your Website's services, provided that the recipients have the option to remove themselves from future mailings. Further, you may promote your Web site via newsgroup postings to newsgroups that specifically welcome commercial messages (when in doubt, consult the newsgroup FAQ or moderators to be sure that such a message is acceptable in that newsgroup).

In all promotion, you must clearly represent yourself and your Web site as entities independent from Nikah.com, Nikah.com's affiliated companies, the Nikah.com Web site, the Nikah.com's franchisees and any of Nikah.com's affiliated companies' Web sites.

Generally, in any forum or media, you must honor the advertising practices and restrictions that are commonly considered acceptable by its readers.

Nikah.com reserves the right at its sole discretion to modify the foregoing rules at any time. Nikah.com reserves the right to take action against any person or entity that does not conform to these rules.

Guidelines For Using Nikah.com Trademark logo:

These guidelines apply to your use of Nikah.com (The "Trademark") in materials which have been approved in advance by Nikah.com.

You may use the Trademark solely for the purpose authorized by Nikah.com.

You may not alter the Trademark in any manner. For example, you may not change the proportion, color, or font of the Trademark.

You may not display the Trademark in any manner that implies sponsorship, endorsement by Nikah.com outside of your involvement in the Affiliates Program.

You may not use the Trademark to disparage Nikah.com, its Membership or services, or in a manner which, in Nikah.com, reasonable judgement, may diminish or otherwise damage Nikah.com's goodwill in the Trademark.

The Trademark must appear by itself, with reasonable spacing (at least the height of the Trademark) between each side of the Trademark and other graphic or textual elements.

You acknowledge that all rights to the Trademark are the exclusive property of Nikah.com, and all goodwill generated through your use of the Trademark will inure to the benefit of Nikah.com.

Editorial Guidelines for Paid Search Listings
Many of our affiliates are now using paid search to generate commission. Here are the editorial guidelines to help you stay compliant with the Nikah.com operations agreement:

Correct representation of Nikah.com brand. Use www.Nikah.com URL / www.Arabic.Nikah.com for the visible URL in your listings if you are linking directly to Nikah.com website. You are not allowed to dilute blur or tarnish the value of Nikah.com trademark, and/or Membership and services. (For example, you are not allowed to say in the copy of your ads, that Nikah.com does not offer discounts, Membership or services that your website is offering.)

If you are linking directly to Nikah.com site, you must place Nikah.com URL as the visible URL in your ad.

Keywords involving Nikah.com's trademark "Nikah" and variations thereof. You shall not purchase or register search engine keywords, AdWords, search terms or other identifying terms that include the word "Nikah" or any variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service. Specifically, this policy prohibits You from bidding on:
 

  • Nikah.com's trademark, "Nikah", Nikah.com and any keyword string that includes this term. For example, "Nikah marriages", "Nikah singles"
  • Variations of Nikah.com trademark: for example "nikkah marriage", "nikkah matrimony",     "nikah-matrimony", "www.Nikah", etc.,
  • If Nikah.com determines, in its sole discretion, that You have purchased or attempted to purchase "Nikah" or one of the two cited examples above, then Nikah.com may (without limiting any other remedies available to it) pursue any or all of the following actions:

Withhold, or cancel any and all compensation otherwise payable to You beginning with the date on which You purchased the prohibited trademarked terms;
 

  • Remove You from the Nikah.com affiliate Program permanently.
  • Correct representation of Nikah.com features and promotions. All promotions or claims must be accurate at any time that the ad is running.

If You breach any of these Nikah.com guidelines, You may be removed from the Program immediately and/or permanently. Nikah.com also reserves the right to withhold, or cancel any and all compensation for transactions not in compliance with these Terms and Conditions.

Nikah.com, reserves the right in its sole discretion to modify these guidelines at any time.

Nikah.com reserves the right to take action against any use that does not conform to these guidelines.

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Nikah.com, the world's leading and best known matrimonial website for Muslims around the world, founded in year 1998. Nikah.com was founded with simple object - to help single Muslims to find their suitable life partner and also help Muslim parents to search & gift better life partner for their son/daughter, within a halal enviornment while bending to-date's technological advancements to suite our Islamic principles. By providing better services and highest success, Nikah.com reached more than 10 million single Muslims around the world. Read more...
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