Affiliate Marketing Terms & Conditions - VoicesBazaar.com
Effective September 19, 2022
PLEASE READ TERMS & CONDITIONS FOR THE VOICES BAZAAR MARKETING AFFILIATE PROGRAM CAREFULLY, BEFORE PARTICIPATING.
The Affiliate Marketing Terms & Conditions listed below apply to your participation in our Marketing Affiliate Program (the “Affiliate Program”). In order to participate in the Voices Bazaar Affiliate Marketing Program, you are needed to agree to the terms and conditions, as stated by this document.
Voices Bazaar holds the rights to periodically update these terms and conditions, as and when deemed necessary. However, in case we update or replace the terms & conditions stated below, we will inform all participating members via electronic means, which may include a WhatsApp message or an email intimation. If you do not agree with the updated or replaced terms and conditions, you can choose to terminate the said understanding in place, as described below:
“Voices Bazaar” refers to the website https://www.voicesbazaar.com/ which is owned and operated by Decilabs Creative Technologies Private Limited.
“Marketing Affiliate Program” refers to our marketing affiliate program as described in this document.
“Affiliate Lead” refers to a prospect customer who is introduced to Voices Bazaar by an Affiliate by arranging a meeting (the meeting shall be arranged after discussion with Voices Bazaar) with the prospect customer. An Affiliate Lead can be attributed to a maximum of one affiliate only.
“Affiliate Policies” refers to the policies applicable to affiliates which we may make available to you from time to time.
"Agreement" refers to this Marketing Affiliate Program's Terms & Conditions.
“Commission” refers to an amount payable/paid to the Affiliate when an Affiliate Lead becomes a Voices Bazaar customer as per the terms and conditions of this agreement. The commission shall be a fraction of the Customer Transaction.
“Customer” refers to the actual user of the Voices Bazaar Services who has purchased Voices Bazaar's services after being an Affiliate's Lead.
“Customer Transaction” means the first transaction by the Affiliate Lead for availing Voices Bazaar's services that are eligible for Commission.
"Customer Data" refers to all information that Customer submits/provides to Voices Bazaar during registration or for the execution of a project.
"Voices Bazaar's Content" refers to all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into our services.
“Other Products” refers to those products and services that we offer, which are not included in the Subscription Service (as detailed below); and, for the purposes of this Agreement, Other Products include all of our marketing software, legacy sales and marketing products, and any implementation, customization, training, consulting, additional support or other professional services, or fees for third-party products or services.
This Agreement does not create an exclusive agreement between you and us. Both you and we will have the right to recommend similar products and services of third parties and to work with other parties in connection with the design, sale, implementation and use of similar services and products of third parties.
Once you submit an application online (at https://voicesbazaar.com) to become an Affiliate, we will review your application and notify you whether you have been accepted to participate in the Affiliate Program, or not. Before we accept an application, we may want to review your application with you, for which we might reach out to you for more information. If we do not notify you about your acceptance to participate in the Affiliate Program within thirty (30) days from your application, your application is considered to be rejected.
If you are accepted to participate in the Affiliate Program, then upon notification of acceptance, the terms and conditions stated in this document shall apply in full force and effect, until terminated, pursuant to the terms set forth below.
For a customer prospect to be counted as an affiliate lead by an affiliate, the affiliate needs to introduce the customer to us by arranging an online or in-person meeting with the customer prospect. On successful completion of the meeting, the affiliate lead shall be registered against the affiliate.
Affiliate Program Limits
Each accepted Affiliate Lead will expire if they do not make use of any of our services within 90 days of being registered as an affiliate. One affiliate lead can be attributed to one affiliate only. A commission equal to 10% of the purchase amount (excluding taxes), subject to a maximum of Rs. 1,00,000/-, on the first purchase by the affiliate lead shall be paid to the affiliate. The commission shall become payable only upon receipt of the purchase amount from the customer. The commission shall be paid to the affiliate within 30 days of receiving the purchase amount from the customer.
The affiliate will not be entitled to receive commission on any subsequent purchases by the customer.
To be eligible for Commission (i) an Affiliate Lead must be accepted and valid in accordance with the 'Acceptance and Validity' section, (ii) a Customer Transaction must have occurred.
Acceptance and Validity
An affiliate will only be eligible for a Commission payment on the first Customer Transaction that was derived from that Affiliate Lead once accepted and completed by Voices Bazaar. An Affiliate Lead will be considered valid and accepted if, in our reasonable determination: (i) it is a new potential customer of ours, and (ii) is not one of our pre-existing customers. Notwithstanding the foregoing, we may choose not to accept an Affiliate Lead in our reasonable discretion. Once we have received the Affiliate Lead information, we may elect to engage with the prospect directly.
NOTE: Employees of a said organization cannot forward a lead from their organization due to the unethical nature of the practice. If such an instance is brought to the notice of 'voicesbazaar.com' via a credible source, the affiliate will not be eligible for a commission on the affiliate's lead.
Commission and Payment
We will seek from the affiliate their bank details along with a canceled cheque for payment of their first commission. We shall not be responsible for any incorrect details provided to us by the affiliate. Any changes in bank details need to be communicated to us in writing on our email ID email@example.com from the affiliate's registered email address. Commission payments will be made within 30 days of the customer's transaction date or receiving affiliate's complete bank details, whichever is later.
Term and Termination
These Terms & Conditions will apply for as long as you participate in the Affiliate Program, until terminated from either end.
The duration of the association for the Affiliate Program is for a period of one year, effective 12th September 2022, until 12th September 2023. However, Voices Bazaar reserves the sole rights to update the date of termination of the Affiliate Program with prior notice to the participants.
Termination Without Cause
Both you and we may terminate this Agreement with a fifteen (15) day written notice to the other party.
Termination for Agreement Changes
If we update or replace the terms of this Agreement, you may terminate this Agreement on five (5) days written notice to us, provided that you send us written notice within ten (10) days after we send you notice of the change.
Termination for Cause
We may terminate this Agreement: (i) immediately, if you become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors, (ii) immediately, if you breach the terms and conditions of the Voices Bazaar Affiliate Marketing Program, or (v) immediately, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.
Effects of Expiration/Termination
Expiration of this Agreement, and termination of this Agreement: (i) without cause by us, (ii) by you for agreement changes, shall not affect our obligation to pay you a Commission, so long as the related payment by the Customer Transaction is recognized by us within thirty (30) days after the date of such termination or expiration. We will not pay you commission/fees on Customer Transactions recognized by us after thirty (30) days after the date of such termination or expiration set out above. Provided however, in the event of termination without cause by you, or for cause by us, our obligation to pay and your right to receive any Commission will terminate upon the date of such termination, regardless of whether you would have otherwise been eligible to receive Commission prior to the date of termination. Except as expressly set forth in this section, you are not eligible to receive a Commission payment after expiration or termination of this Agreement. Upon termination or expiration, an Affiliate Lead is not considered valid, and we may choose to maintain it in our database and engage with such a prospect.
Affiliate Representations and Warranties
You represent and warrant that: (i) you have all sufficient rights and permissions to participate in the Affiliate Program and to provision Voices Bazaar with Affiliate Lead's for our use in sales and marketing efforts or as otherwise set forth in this Agreement, (ii) your participation in this Affiliate Program will not conflict with any of your existing agreements or arrangements; and (iii) you own or have sufficient rights to use and to grant to us our right to use the Affiliate Marks.
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) your participation in the Affiliate Program, (b) our use of the prospect data you provided us, (c) your non-compliance with or breach of this Agreement. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.