Affiliate Program By signing up to be an affiliate in the SSOMAI Project Affiliate Program (the “Program”) you agree to be bound by the following terms and conditions (the “Terms”).Please ensure that you read them carefully before signing up. These Terms are a legal agreement between SSOMAI Software Ltd. a company registered in Nepal under company PAN and having its registered office at Taulihawa, Kapilvastu, (SSOMAI Software”, “we”, “us”) and You (the “Affiliate”, “you”).
We reserve the right to update and change the Terms from time to time without notice. Any amendments, modifications, enhancements or changes to the Program including the release of new features and resources made available by us from time to time shall be subject to these Terms. Continued use of the Program after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time. Any violation of these Terms may result in, among other things, termination or suspension of your rights to be an Affiliate and forfeiture of any outstanding affiliate referral fee payments earned during the violation.
Account Registration & Terms
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 user name and password with any other person nor with multiple users on a network. Responsibility for the security of any user names 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).
Referral Links & Promotion
Once you have signed up for the Program you will be provided with a URL link that must be used to identify you when placing a link from your site, email or other communications to the SSOMAI Project website. It is your responsibility to ensure each such link is correctly formatted. We may also provide graphical images that can be used within the links to promote SSOMAI Project. You may not modify these images in any way. We reserve the right to change the images at any time without notice. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site You may not use our name or graphics in any bulk email whatsoever unless we have given our advanced written consent. We may terminate the Agreement if any meaningful spam complaints naming us or our services result from your marketing activities. You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our Services, say you are part of SSOMAI Software or express or imply any relationship between us and you or any other person or entity, except as expressly permitted by this Agreement.
Referral Fees
For the sale of a subscription to be eligible to earn a referral fee, the customer must click-through a link from your site, email, or other communications to the SSOMAI Project website and sign up within 90 days of the initial click-through. If they fail to sign up within those 90 days and later return without following your link, you will not earn a referral fee. We will only pay referral fees on links that are automatically tracked and reported by our systems. For our systems to track the referral, the visitor must have cookies enabled. We will not pay referral fees if someone says they signed up through you but it was not tracked by our system. The referral fee will be credited to your Affiliate account once the customer pays their subscription. Referral fees are only earned if a customer makes a payment in full.
Payment
Accrued referral fees are paid via bank transfer roughly once per month and only when your accrued referral fees. The Affiliate will then raise an invoice to SSOMAI Software for the indicated amount. You must have a valid bank account to receive referral fees, as we do not offer payment via cheque/check, credit card, cash or other method. Customer payments refunded or payments charged-back due to credit card fraud do not qualify for referral fees. We may delay crediting of referral fees subject to risk analysis considerations and Anti-Money Laundering procedures. A summary of sign ups and statement of referral fees is available to the Affiliate by logging into their Affiliate account. The referral fee structure is subject to change at our discretion. We reserve the right to disqualify referral fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on your involvement in this Agreement and shall be the responsibility of, and payable by you. We reserve the right to check and change commissions on the basis of orders actually paid, the notification e-mail is not understood as a confirmed commission – this is only a notification, and every payment will be verified based on real transactions.
Customer Definition
Every customer who buys a service through this program is deemed to be a customer of SSOMAI Software. Accordingly, all of our rules, policies, and operating procedures concerning pricing, customer orders, customer service, and services sales will apply to those customers. We may change our policies and operating procedures at any time. SSOMAI Software is not responsible for any representations made by the Affiliate that contradict our rules, policies or operating procedures.
Pricing & Availability
We will determine the prices to be charged for services sold under this Program in accordance with our own pricing policies. Services prices and availability may vary from time to time. Because price changes may affect services that you have listed on your site, you should not display services prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular service.
Copyrighted and Trademarked material
You are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright, trademark, and other laws. SSOMAI Software will not be responsible if you use another party’s copyrighted or trademarked material in violation of the law.
Term of the Agreement and Program
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 notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice to terminate this Agreement. SSOMAI Software reserves the right to end the Program at any time. Upon Program termination, SSOMAI Software will pay any legitimate outstanding earnings.
Termination
SSOMAI Software, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other SSOMAI Software service, for any reason at any time. Such termination will result in the deactivation or deletion of your Affiliate Account, and the forfeiture and relinquishment of all potential or accrued referral fees in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. SSOMAI Software reserves the right to refuse service to anyone for any reason at any time. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the SSOMAI Project website and all our images and other materials provided under the Program
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 site or otherwise, that reasonably would contradict anything in this Agreement.
Limitations of Liability
The Company and any of the Company’s officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Program. Nothing in this legal notice shall exclude or limit the Company’s liability for: (a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or (b) fraud; or (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law. If your use of material provided under this Program results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. The Company’s maximum aggregate liability under or in connection with these Terms, or any collateral contract, whether in contract, tort (including negligence) or otherwise (a “Claim”), shall be limited to a sum equal to the aggregate amount which we are obliged to pay you in the twelve (12) month period immediately prior to the period giving rise to such Claim.
Arbitration
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration under this agreement shall be conducted under the rules then prevailing of the Nepal Information Technology Association.
Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with Nepal law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Nepal Courts.