My-Kerala.Com: Matrimony Affiliate Program: Terms of Service

Kerala's Premier Matrimony Affiliate Program!

Matrimony Affiliate Home | Matrimony Home | My-Kerala Home

Affiliate Offer!!!
Affiliate Payout Rate for 2005 = Rs: 1/- per Click!
Eligible for payment when the balance reach a minimum of Rs 250/-

I Read and Accept the following TOS | I Do Not Accept the following TOS
(You should accept the TOS to join the Affiliate Program)

Terms of Service (TOS)

THIS AGREEMENT BETWEEN MY-KERALA AFFILIATE NETWORK. (hereinafter referred to as "MY-KERALA AFFILIATE NETWORK") and Account Holder (hereinafter referred to as "User")

WHEREAS MY-KERALA AFFILIATE NETWORK provide the following services (the "Service")
1) payment in exchange for the right to show advertisements and generate clicks on the user's web site;

AND WHEREAS User desires to subscribe to the Service on the terms and conditions contained herein;

NOW THEREFORE in consideration of the mutual covenants and agreements contained in this Agreement and other good and valuable consideration (the receipt and sufficiency of which are hereby irrevocably acknowledged by the parties) MY-KERALA AFFILIATE NETWORK and User agree as follows:

The Service. MY-KERALA AFFILIATE NETWORK agrees to provide user with an affiliate account (the "Account") on the MY-KERALA AFFILIATE NETWORK for the purpose of promoting the MY-KERALA's business or website (the "Site").
Advertisements. User agrees that MY-KERALA AD NETWORK has the right to place banner advertisement at the first screen fold ( within first 480 pixels at the top ) on pages at the users Site.
User agrees:
1. not to remove, modify or interfere with the display of these advertisements in any way;
2. not not to try or attempt to inflate credits by robots, clicking themselves to inflate the numbers or modification of code or any other means;
3. to display the advertisements in their original form at all time; and
4. that MY-KERALA AFFILIATE NETWORK has the right to include ad impressions and click-through from the Account when accounting for total MY-KERALA AFFILIATE NETWORK ad impressions and click-throughs.
Limitations. The Service is subject to the following limitations:
1. CPU Resources. User acknowledges that the Service is provided on a shared server and agrees not to engage in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the MY-KERALA server, including without limitation, use of highly active scripts advertisements.
2. User shall not include banners, or internet links to content on the Site that contain, promote or involve any of the following:
  1. any infringement of copyright, trademark, patent, trade secret or other intellectual property right;
  2. nudity or pornography;
  3. content that exploits children under 18 years of age;
  4. hate propaganda;
  5. racist, threatening, or otherwise abusive content;
  6. the promotion or incitement of, or instruction for, the commission of illegal activities;
  7. mail fraud, multi-level marketing (pyramid) schemes or any other fraudulent activities;
  8. content promoted through the sending of unsolicited e-mail (also known as spamming);
  9. warez, cracks, hacks, spam software & their associated utilities;
  10. mpeg layer two or three files (MP2 or MP3);
3. The banners shall be shown only in the registered domain. This domain should be Kerala related site and shall be listed in the My-Kerala Directory
4. You shall not place our banners in any page where there is already another matrimony advertisement shown.
5. Idem. User agrees to assume full responsibility for all ad banners and rich media content associated with the Account.
6. Backup and Monitoring. User is solely responsible for creating backups and for monitoring the Account.
7. The users shall send us an invoice with complete bank details and address for payment. The payment shall be made only after we receive an invoice from you. All invoices shall be send by e-mail to our address using the email shown in the "Contact Us" link.
8. Notice to Officials. MY-KERALA AFFILIATE NETWORK will cooperate with all law enforcement efforts.
9. Policies and Guidelines. User agrees to abide by all policies or guidelines, together with any amendments thereto, set out, from time to time, by MY-KERALA AFFILIATE NETWORK anywhere on the site www.my-kerala.com.
Amendments. User agrees to be bound by any amendments to this Agreement that are set out, from time to time, by MY-KERALA AFFILIATE NETWORK anywhere on the site www.my-kerala.com.
No Representations or Warranties. The Service is offered on an "as is" basis without any representations or warranties of any kind either expressed or implied. For greater certainty and without limitation to the generality of the foregoing:
1. MY-KERALA AFFILIATE NETWORK makes no representations, warranties or guarantees of any kind whether written or verbal regarding the reliability of the services or your account provided or any other services offered;
2. MY-KERALA AFFILIATE NETWORK is not responsible for any deletion, alteration, or loss of data due to network or system outages, data corruption, accidental deletion, or any other reasons;
3. MY-KERALA AFFILIATE NETWORK makes no representations, warranties or guarantees with regards to server reliability, speed or consistency;
4. MY-KERALA AFFILIATE NETWORK makes no representations, warranties or guarantees as to the accurateness or correctness of any content on any of the Sites or their Account and is not responsible for any errors or omissions arising from the use of such information;
5. MY-KERALA AFFILIATE NETWORK may also link to or include on its web resources, information provided by 3rd party partners, sponsors and providers, MY-KERALA AD NETWORK does not guarantee or warrant the reliability of this information nor does MY-KERALA AFFILIATE NETWORK recommend any of these services;
Limitation of Liability. MY-KERALA AFFILIATE NETWORK is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the MY-KERALA AFFILIATE NETWORK server; or losses or damages arising from the use of the content or services provided by MY-KERALA AFFILIATE NETWORK. For greater certainty and without limitation to the generality of the foregoing:
(a) MY-KERALA AFFILIATE NETWORK liability to User for actual damages for any cause whatsoever, regardless of the form of action will be limited to a maximum of Rs. 250/- which will be in MY-KERALA AFFILIATE NETWORK's discretion.

(b) in no event will MY-KERALA AFFILIATE NETWORK be liable to User for any indirect, incidental, or consequential damages arising out of the Service or in connection with the Account or any other services or products provided to User;

(c) MY-KERALA AFFILIATE NETWORK, its officers, directors, owners, agents and employees, shall in no way be liable to User or anyone else for any loss or injury resulting from use of the Service or the Account;

(d) in no event shall MY-KERALA AFFILIATE NETWORK be liable for any damages, whatsoever; for any issues regarding non receipt of payment.

(e) In no event shall MY-KERALA AFFILIATE NETWORK be liable for any damages, whatsoever, as a result of the termination of this Agreement pursuant to Article 8.
Indemnity. User agrees to indemnify and hold MY-KERALA AFFILIATE NETWORK harmless from and against, and to reimburse MY-KERALA AFFILIATE NETWORK with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees and costs of investigation) or every nature whatsoever incurred by MY-KERALA AFFILIATE NETWORK by reason of or arising out of or in connection with (i) any breach of this Agreement by User; (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual propriety right of any party by content in the Account or on the Site; or (iii) illegal, libelous, or defamatory content in the Account or on the Site.
Termination.
1. Either of MY-KERALA AFFILIATE NETWORK or User may terminate this Agreement at any time withot giving any notice.
2. MY-KERALA AFFILIATE NETWORK may terminate this Agreement, discontinue the Service and delete the Account at any time without notice to User in any of the following circumstances but not limited to:
  1. User violates any term of this Agreement, any municipal, provincial, state or federal laws or regulations, or any policy or guideline set out, from time to time, by MY-KERALA AFFILIATE NETWORK anywhere on the site www.my-kerala.com;
  2. User engages in conduct that amounts to artificial inflation of credits by modifying the code provided by MY-KERALA AFFILIATE NETWORK or employing other techniques such as robots, frequent refreshing and clicking of web pages, artificial clicks on affiliate banners or any other means that MY-KERALA AFFILIATE NETWORK in its sole discretion believes is harmful to its interest, the business of MY-KERALA AD NETWORK or any third-party;
  3. User engages in conduct or posts material in the Account that MY-KERALA AD NETWORK in its sole discretion believes is harmful to other Users, the business of MY-KERALA AFFILIATE NETWORK or any third-party;
  4. there is no activity such as hits or edits in the Account for 7 days;
  5. User deletes, modifies or interferes with the display of advertisements by MY-KERALA AFFILIATE NETWORK on the User's Site;
  6. User engages in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the MY-KERALA AFFILIATE NETWORK server;
  7. User disputes the terms of this Agreement or any amendment set out, from time to time, by MY-KERALA AFFILIATE NETWORK anywhere on the site www.my-kerala.com
  8. MY-KERALA AFFILIATE NETWORK receives any complaints regarding User or the Site from any other Users or third parties or decides in its own discretion that the User or Site is not qualified to be our affiliate.
3. In the case of termination of this agreement, all remaining payments shall be forfeited as decommissioning charges and no further payment shall be made to the User or Site.
4. Following termination of this Agreement, for any reason, User agrees not to use the Service or the Site in any manner or for any reason.
General.
1. Consent to Breach Not Waiver. No term or provision of this Agreement is deemed waived and no breach excused, unless the waiver or consent is in writing and signed by the party claiming to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether expressed or implied, does not constitute a consent to, waiver of, or excuse for, any other different or subsequent breach.
2. Governing Law. This Agreement is governed by and construed in accordance with the applicable laws of the state of Kerala and the federal laws of India and is treated in all respects as a Kerala contract.
3. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, all other provisions will nevertheless continue in full force and effect.
4. Entire Agreement. This Agreement, together with all policies, guidelines and amendments set out, from time to time, by MY-KERALA AFFILIATE NETWORK anywhere on the site www.my-kerala.com constitutes the entire agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous negotiations, proposals, commitments, writings and understandings of any nature whatsoever, whether oral or written.
5. Survival. Any terms and conditions of this Agreement which by their nature extend beyond the term or expiry of this Agreement shall survive the termination or expiry of this Agreement. This includes, without limitation, Article 5 (No Representations or Warranties), Article 6 (Limitation of Liability), Article 7 (Indemnity), and this Article 9 (General).
6. Headings. The headings and captions used in this Agreement are inserted only as a matter of convenience and for reference and in no way are to be construed as defining, limiting, or describing the scope or intent of this Agreement.
7. Remedies Cumulative. Unless otherwise set out in this Agreement the rights and remedies granted to each party under this Agreement are cumulative and are in addition to each party's rights provided by law or otherwise. Each party may exercise its rights concurrently or separately and the exercise of one remedy is not deemed an exclusive election of that remedy or preclude the exercise of any other remedy.
8. Counterparts or Electronic Acceptance. This Agreement may be executed in counterparts, each of which is deemed to be an original and all of which together are deemed to be one and the same instrument, or may be executed by indicating assent through electronic means.

I Read and Accept the TOS

I Do Not Accept the TOS
(You should accept the TOS to join the Affiliate Program)