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Rajanpreet Sharma

Interior Designer - Landscapes / Horticulture Work

Activities : ,

Work area : Punjab, Haryana, Rajasthan and Delhi

Labour Strangth :

Genuine & Verified

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Terms of Use

Terms of USE

This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the labournest.com Affiliate Program (the "Program"). As used in this Agreement, "we"/ us means Labournest.com, and "you/Affiliate (s)" means the applicant and its Affiliate network. "Site" means a World Wide Web site and, depending on the context, refers either to Labournest.com's site located at the URL http://www.labournest.com, or to the site that you will link to our site (and which you will identify in your Program application).

1. Enrolment in the Program

To begin the enrolment process, you will submit a complete Program application through our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. You are permitted to promote our offer only on the media you have specified during the registration process. In case, you wish to promote the same on other media i.e. other than specified during the registration process you need to take explicit prior approval. Approval for the same can be sought over an email and only on a positive confirmation from us would be considered as an approval. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Program. Examples of unsuitable sites (this list is not exhaustive and is only indicative list) would include a site that:

• Promote sexually explicit materials, adult and/or mature content, child pornography, Hacking/cracking content
• Promote violence & profanity
• Promote racial intolerance, or advocate against any individual, group, or organization, sex, religion, nationality, disability, sexual orientation, or age
• Promote illegal activities,gambling or casino-related content
• Otherwise violate intellectual property rights
• Are in any nature perceived to be as competitive sites to labournest.com
• Has Excessive advertising; Excessive, repetitive, or irrelevant keywords in the content or code of web pages
• Offers Incentives (monetary or point-based) to users to click on labournest.com links or ads
• Offer sales or promote of certain weapons, such as firearms, ammunition, balisongs, butterfly knives, and brass knuckles
• Offer sales or promote of beer or hard alcohol, tobacco or tobacco-related products, prescription drugs
• Promote illegal activities
If your application is rejected, you may reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this Agreement at any time.

2. Links on Your Site

Once you have been notified that your site has been accepted into the Program, you may provide on your site a general link to labournest.com home page at http://www.labournest.com. We will provide you with guidelines and graphical artwork to use in linking to our home page. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special tagged link to be used in all links between your site and our site (hereinafter referred to as Affiliate Unique Tracking Link/ AUTL. You will earn referral fees only with respect to activity on our site occurring directly through AUTL and not otherwise. IMPORTANT: DO NOT link to http://www.labournest.com and we will not be able to track referrals from your site to ours without that special link. Affiliate Unique Link example = http://www.labournest.com/index.php?ptnr=xxxx

3. Order Processing

We will process orders placed by customers who follow AUTL. 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 service fulfilment. Among other things, we will prepare order forms, process payments; handle service fulfilment and customer service. We will track sales made to customers who availed services using referred AUTL from your site to our site 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.

4. Referral Fees

a. We will pay you (in accordance with the terms described below) referral fees on leads referred by you or sales generated by you, as applicable. To be eligible to earn a referral fee, the customer must follow an AUTL from your site to our site, register for Free on labournest.com.
b. In addition you may also be entitled to receive a revenue share depending upon the revenue share model as may be agreed with you, whenever a member referred from your website subscribes to a premium membership.
c. Referral Fees is applicable to referred leads and first order revenue only (as applicable) and not to renewals. You will 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 shall 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 AUTL on your site to access our site (e.g., by implementing any "rewards" program for persons or entities who use AUTL 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 otherwise payable to you under this Agreement.

5. Payment Policies

You shall be entitled for the payment as per the terms agreed with us at the time of registration and the same would be subject to change from time to time for which intimation would be provided to you.
If a fraud/ fraudulent action is identified, then your account will be reversed, and all outstanding payment will be kept on hold and the you would be asked to provide additional information/ demonstrate as to how you have been promoting our offer. Failure to comply will result in monies to be forfeited and the Affiliate's account being terminated. Please note that you shall be responsible for all your affiliates and in case of fraud by any your network affiliate the same would be considered as if the fraud is committed at your end. We also reserve the right to take legal or criminal action against the companies and individuals involved in such fraud. You are responsible for ensuring that all payee information is up to date in the affiliate system. We shall not be responsible for lost/stolen payments. You are responsible for keeping all information up to date including postal and email addresses, name, payment information, tax information or any other personal information that will he impact t ability to issue a valid payment. Failure to provide current information may result in forfeiture of any referral fees due to you. Referral fees that are left unclaimed or are returned for invalid or insufficient address information or for other reasons may be forfeited as well.

6. Affiliate Network or Ad network

Upon request you shall pass affiliate/sub affiliate IDs to us. If any certain downstream affiliate violates the terms and conditions of our offer and if we can provide any documentation/proof to network proving fraud of the lead/sale or any other CPA violation occurred then we will not be responsible for paying monies owed for the traffic and fraudulent leads generated by that certain Downstream Affiliate. However, we will be responsible for paying monies owed to the affiliates not in violation. In the event you become aware of any fraud or violation of these terms by a Downstream Affiliate (either independently or upon notice from us) then you expressly agree to: (i) terminate from your affiliate network that certain downstream affiliate, (ii) provide written notice to us of the occurrence. Time shall be of the essence in all respects of this agreement. In furtherance of the foregoing, we shall have the right to terminate this Agreement, in the event that network is unable to cure any certain breach of these terms by it, or any downstream affiliate, within 5 business days of its receipt of our notice.

7. Reporting

We would be generating reports for the activities carried by affiliate and the invoice of the affiliate would be drawn on the basis of such reports. All rates are based on a gross lead or gross sale basis. In the case of discrepancy between our reports and the data maintained by the affiliate, data pertaining to our report shall prevail. However, if the difference in the report of parties is more than 5%, parties shall mutually reconcile and settle the difference.

8. Refund

No Commission/ Fee will be paid on re-order or auto-renewals of existing Qualifying order. If a Qualifying order for which a Commission/ Fee is paid to affiliate is later refunded or charged back, the relevant Commission/ Fee will be deducted from the next payment due and payable to affiliate following such event.

9. Policies and Pricing

Person who register through this Program will be deemed to be customers of Labournest.com. Accordingly, all Labournest.com terms and conditions, rules, policies, and operating procedures concerning member conduct, customer service, and 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 services sold under this Program in accordance with our own pricing policies.

10. Responsibility of Your Site

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for (this list is not exhaustive) : * The technical operation of your site and all related equipment.
* Ensuring that materials posted on your site 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 site are not libellous or otherwise illegal.
* We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.

11. Infringement of Email marketing, PPC guidelines and Labournest Creative guidelines:

Your Registration to this Program will be deemed that you have followed the Email marketing, PPC and Labournest creative guideline. In case of non adherence of the Email marketing and PPC guideline we reserve the right to hold payment and suspend your Affiliate account.
a. Email Marketing Guidelines:
o The data usage in the labournest.com mailers should be an OPT IN data
o You should follow an anti Spam policy, so that labournest.com mailer is NOT treated as Spam
o Include an unsubscribe link along with a way you can be contacted on the footer
o In case you wish to make mailers/subject line of your own, kindly get the approval from us before sending it out to your database
o You are prohibited from advertising labournest.com services through the use of banners and links in e-mail
b. PPC Guidelines Affiliates SHOULD NOT bid on or use trademark, or misspelled or deceptively similar keywords for the purpose of PPC on Internet search engines (Google, Yahoo, MSN, Ask etc.). The use of redirected pages and links to send a user to our site is prohibited. Example: you shall not have a PPC link on a search engine that redirects the user to our site. Domain forwarding is prohibited - you shall not purchase a domain and set it to forward directly to our site using your affiliate link.
c. Labournest Creative Guidelines
o Affiliate shall only promote creative, which are approved by Labournest.com and provided on Labournest Affiliate Partner Account.
o Affiliates will not use any communication inconsistent with labournest.com brand guidelines.
o Affiliates shall take make reasonable efforts to uphold the reputation of labournest.com and shall not act in any manner that would adversely affect the reputation and/or the brand name.
o Affiliate shall only use the creative's preapproved by Labournest.com team before making it live.
o Affiliate shall promptly bring to the notice of Labournest.com any claims/objections, seek advice and act accordingly.

12. 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 site, all links to our site, and all labournest.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

13. Modification

We may modify any of the terms and conditions contained in this Agreement including the payment terms, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. 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 SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

14. 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 Section.

15. Limitation of Liability

We will not be liable for 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. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed at any time and under any circumstances the total referral fees paid or payable to you under this Agreement.

16. Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products 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 site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. 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 WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. 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 Indian laws without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the Jamshedpur Jurisdiction, 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.

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