This AFFILIATE PROGRAM AGREEMENT contains the terms and conditions that
govern your participation in the Program (the “Program”). “We,” “us,” or “our”
“Company” means Optima Life Sciences Pvt. Ltd. “You” or “your” means the applicant.
A “site” means a website. “Optisan Website” means the http://optisan.online/ site.
This agreement is a binding, legal contract between you, the Affiliate and our Company.
The Affiliate Program is administered through our Company pursuant to the policies at
our Company Web site, as well as this agreement.
BY CHECKING THE BOX INDICATING THAT YOU AGREE TO THE TERMS AND
CONDITIONS OF THIS AFFILIATE PROGRAM AGREEMENT, OR BY CONTINUING
TO PARTICIPATE IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE
NOTICE, REVISED AFFILIATE PROGRAM AGREEMENT, OR REVISED
OPERATIONAL DOCUMENTATION ON THE OPTISAN SITE, YOU (A) AGREE TO
BE BOUND BY THIS AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU
HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING
IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION,
GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN
THIS AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU
ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A
MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS
AFFILIATE PROGRAM AGREEMENT. IN ADDITION, IF THIS AGREEMENT IS
BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE
PERSON AGREEING TO THIS AGREEMENT ON BEHALF OF THAT COMPANY OR
ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS
AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO
THIS AFFILIATE PROGRAM AGREEMENT.
Commissions will be paid by Company as outlined on our Company Web site. Company
reserves the right to change the price of Company's products and commission
percentages for products without notice. Commissions are based on the percentage of
sale in effect at the time of sale.
Affiliate is solely an Independent Contractor when acting as an Affiliate. No partnership,
joint venture or other legal entity is created between Company and Affiliate.
Affiliate represents and warrants to Company, that Affiliate has read and understands the
Company Policies that are set forth on our web site and agrees to the terms set forth therein.
Company reserves the right to amend this agreement as needed from time to time, and
Affiliate agrees that any and all such amendments will apply to Affiliate. The continuation
of Affiliate status, promoting or marketing the Company, Company products or services,
or Affiliate's acceptance of income, shall constitute Affiliate's acceptance of this
agreement and any and all amendments. Affiliate agrees to review this agreement for any
changes or additions, monthly or at the beginning of each affiliate payout cycle, whichever
is sooner. The date of the last change or addition to this agreement is posted at the end of
All affiliates must be 18 years of age or older. If you are under 18 years of age you are not
permitted to be an affiliate.
Affiliate agrees to receive e-mail from our Company, including but not limited to, sales
reports, training, promotional resources, newsletters and other correspondence.
Affiliate agrees to only present Company, Company products and services as set forth in
the official Company Website or Company marketing materials. Affiliate will make no
claims regarding potential income, earnings, products, or services beyond what is stated
at the official Company Website. Affiliate also agrees not to reproduce commission checks
or distribute commission checks in any form or by any means.
Affiliate agrees not to disparage Company, Company products or services other Company
Affiliates in any manner. Affiliate understands that disparagement may result in the
immediate suspension or termination of Affiliate account with a cancellation of any
Company has zero tolerance toward any Affiliates associated with spam. The accounts
of Affiliates associated with spam are immediately terminated as soon as the violation
is verified, with a cancellation of any pending monies or commissions owed.
Company will immediately terminate any Affiliate account which it believes, in its sole
discretion, is transmitting or is otherwise connected with any spam or other unsolicited
bulk e-mail. Company will report spam, along with all the spammer's identifying
information, to the Cyber securities and will proceed with civil and criminal prosecution.
For the purpose of this agreement SPAM is defined as e-mailing ANYONE, in bulk or
by single mailing, about Company, Company products or services, who has not
specifically requested the information directly from Affiliate. Mailings to names or lists
that have been purchased, including but not limited to so called Co-registration lists,
regardless of the opt-in procedures, are not permitted. Company considers ANY type of
advertisement about Company, Company products or services, posted to a Newsgroup
or Chat Room, in violation of their posting rules, to be spam.
Affiliate agrees that this agreement shall be governed by the laws of India.
Because damages are often difficult to ascertain, if actual damages cannot be reasonably
calculated then you as Affiliate agree to pay Company liquidated damages whatever
company decides for each piece of spam or unsolicited e-mail transmitted from or
otherwise connected with your account, or actual damages, whichever is higher, to the
extent such actual damages can be reasonably calculated.
All Affiliate payments will be made in Indian Rupees. If a sale is canceled or refunded,
any paid commission will be deducted from a subsequent payment. Affiliate
commissions will not be paid based upon amounts that are attributable to credit card
fraud, credits given to customers, bad debt right-off and returned goods. Company
reserves the right to deduct in subsequent months, any commission paid for a product or
service that is subsequently returned or refunded, or for any reason where the previous
monthly commission was overpaid or later subject to reduction.
Affiliate is solely responsible for ensuring that their Affiliate Link is set up properly to
have sales tracked and recorded to qualify for commissions. Company is not responsible
for the failure to assign any sale or commissions to Affiliate if the same results from the
improper formatting of any affiliate links.
Company will only pay commissions on sales that are tracked through our tracking
system and indicate Affiliate as the source of the visit to Company Web site. Affiliate
has no right to commissions if a buyer later returns to the Company site through another
Affiliate link or source and makes a purchase.
You have no right to commissions based upon subsequent sales, or where “cookies” are
used, overwritten or deleted even where the customer first arrived at the Company site
through your Affiliate link. Commissions will only be paid when the buyer makes a
purchase on the same visit using your Affiliate link or with your “cookie” indicating you
as the affiliate.
NO INCOME CLAIMS ARE MADE
Company makes no representations or warranties whatsoever, regarding potential
income that may result from participation in Company's Affiliate Program and
Company specifically disclaims any and all warranties in regards to Affiliate's earning
Affiliate agrees to provide Company with a valid contact information upon registration.
Company will make every reasonable effort to accurately track and pay commissions for
all sales that belong to or are credited to Affiliate. Company is not responsible for
technical problems, acts by third parties, or other events outside our reasonable control
which may temporarily interfere with, disrupt or diminish tracking or service.
Company shall not be held liable for any indirect, incidental, special or consequential
damages or any loss of revenue or profits arising under or with respect to this Agreement
or program, even where Company has been advised of the possibility of such damages.
Company's total liability arising from this agreement or program shall not exceed the
total commissions paid or payable by Company.
Company is responsible for handling all customer inquiries, fulfilling product orders,
customer billing and collection of monies.
Company pricing of products and services is totally within Company discretion and
Company reserves the right to change the pricing structure, terminate any special offers,
discontinue products or services, or change the terms under which products or services
are offered at any time, without any advance notice to Affiliate.
Our only responsibility to you in this regard is to track customer orders that occur
through links from Affiliate and make reports of the commissions due as a result thereof.
All such reports shall be un-audited.
Company reserves the right to withhold identifying customer contact information from
Affiliate. Company has no obligation to provide Affiliate with any specific information
for any customer, regardless of whether said customer arrived at the Company Web site
through an Affiliate link.
Company reserves all rights in or to its trademarks and service marks and copyrights,
although they may be used by Affiliate in accordance with this agreement. Affiliate
may in no way display a Company logo, image, or trademark which may be distasteful,
defame, or misrepresent Company in any way.
Affiliate agrees not to misrepresent Company products or services. Affiliate also
agrees not to advertise Company products or services on Web sites that promote
sexually explicit material, violence, Warez or pirated materials, or sites that promote
discrimination based on race, sex, religion, national origin, or physical disability or
sites that promote illegal activities.
Company reserves the right to terminate your affiliate status for any reason in our
sole and absolute discretion, including but not limited to the reasons set forth herein.
Company makes no warranties expressed or implied for the Affiliate Program except
as outlined in this Agreement. Affiliate program is provided As Is.
Company and Affiliate reserve the right to terminate this agreement at any time, without
notice. If terminated, outstanding commissions shall be paid in the next payment cycle,
as long as the terms of this agreement were not violated by the Affiliate. Payment of the
final commission payment to the Affiliate may be withheld for a reasonable time in order
to ensure that the correct amount of monies due is paid.
Affiliate is solely and fully responsible for any and all costs and expenses Affiliate incurs
in the marketing of the Company, Company products and services, and Affiliate agrees
to hold Company harmless from same.
In the event that any provision of this Agreement is held to be invalid or unenforceable,
said provision shall be reformed only to the extent necessary to make it enforceable,
and the balance of the Agreement will remain in full force and effect.
The Company location is on the Web site and as an Affiliate you agree that this offering
is made from the Company's location and shall be governed by the laws of the India.
This Agreement shall be governed by and construed in accordance with the laws of India
without regard to its conflict of laws rules. Any legal action arising out of this Agreement
shall be litigated and enforced under the laws of India. In addition, if any legal action
pursued, shall be within the exclusive jurisdiction of the courts of Pune, Maharashtra.
The Company obligations and Affiliate remedies are solely and exclusively as described
and limited in this agreement and if applicable, on the Company's Web site affiliate
information. Company liability, whether based on contract, tort, warranty, strict liability,
or other legal claim, shall not exceed the price of the individual goods, products, services
or commission owed, whose alleged defect or damage is the basis of the claim. In no event
shall Company be liable for any loss of profits, loss of use, or other indirect, incidental, or
consequential damage to Affiliate.
Company reserves all rights not expressly granted here.