Terms & Conditions - Affiliates
This Affiliate Service Agreement (the "Agreement") is made by and between Mount Ilhaam LLC ( www.elilhaam.com, “ Merchant”), and you, as an Affiliate ("You", "Your", "Affiliate") utilizing the www.elilhaam.com
You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up for www.elilhaam.com , you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the www.elilhaam.com Service as an Affiliate. By checking the box you indicate that You agree to the terms and conditions of this agreement, or by continuing to participate in the program following our posting of a change notice, revised agreement, or revised documentation on the www.elilhaam.com you (a) agree to be bound by this affiliate agreement; (b) acknowledge and agree that you have independently evaluated the desirability of participating in the affiliate program and are not relying on any representation, guarantee, or statement other than as expressly set forth in this affiliate 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 agreement including all the affiliate program guidelines. In addition, if this Affiliate agreement is being agreed to by a company or other legal entity, then the person agreeing to this operating 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 agreement.
Agreed Terms :
1. Definitions and interpretation
1.1 “Acceptance Email” means an email sent by the Merchant to the Affiliate in accordance with Clause [2.3] confirming that the Affiliate has been accepted into the Affiliate Programme;
1.2 “Affiliate” means the person (natural or legal) specified as the applicant for our Affiliate Programme on the Registration Form;
1.3“Affiliate Programme” means the Merchant's affiliate programme detailed in the Agreement [and on the Merchant Website];
1.4 “Affiliate Website” means the website or websites owned and operated by the Affiliate and specified by the Affiliate on the Registration Form;
1.5 “Agreement” means the agreement between the Merchant and the Affiliate incorporating these Affiliate Terms and Conditions, the Registration Form and the Acceptance Email, and any amendments to it from time to time;
1.6 “Effective Date” means the date on which the Acceptance Email is sent by the Merchant to the Affiliate.-
1.7 “Link” means a hyperlink (whether in text or in an image or otherwise) from the Affiliate Website to the Merchant Website enabling the Merchant to track visitors from the Affiliate Website to the Merchant Website using its affiliate tracking system;
1.8 “Merchant” means Mount Ilhaam LLC, a company incorporated under the laws of United Arab Emirates, having its registered office at P.O.Box 242263, Dubai, UAE.
1.9 “Merchant Website” means the website accessible via the following: www.elilhaam.com and any other websites notified by the Merchant to the Affiliate from time to time.
1.10 “Payments” means payments of such amounts as are specified by the Merchant from time to time on the Merchant Website in respect of the relevant type of Payment Trigger;
1.11 “Payment Trigger” means:
(a) a purchase of the Merchant's goods or services on the Merchant Website made by a user who first visited the Merchant Website by means of a Link and who made such purchase within 30 days of the date of that first visit, providing that such user did not at any time between the visit and the date of becoming a Member, visit the Merchant Website by means of a hyperlink associated with another affiliate within the Affiliate Programme;
(b) the submission of a completed registration form on the Merchant Website by a user who [first] visited the Merchant Website by means of a Link and who submitted such registration form within 30 days] of the date of that first visit, providing that such user did not at any time between the visit and the registration visit the Merchant Website by means of a hyperlink associated with another affiliate within the Affiliate Programme; and
(c) a unique user visit to the Merchant Website made by a user through a Link[, providing that a user will not be considered a "unique" user if that user has at any previous time visited the Merchant Website;]
1.12 “Prohibited Materials” means content, works or other materials that constitute, or that the Merchant reasonably determines constitute:
(a) material that breaches any applicable laws, regulations or legally binding codes;
(b) material that infringes any third party intellectual property rights or other rights;
(c) indecent, obscene, pornographic or lewd material;
(d) material that is offensive or abusive, or is likely to cause annoyance, inconvenience or anxiety to another internet user;
(e) computer viruses, spyware, Trojan horses or other malicious or harmful routines, programs or software; and/or
(f) spam or unsolicited bulk email [or unsolicited commercial email].
1.13 “Registration Form” means the HTML form on the Merchant Website enabling users to apply to become Affiliates;
1.14 “Term” means the term of the Agreement; and
1.15 “Verified Payment Trigger” means a Payment Trigger that has been verified by the Merchant using its affiliate tracking system (for the avoidance of doubt, this excludes both Payment Triggers that have not been so verified and events that are not Payment Triggers but are falsely verified as such).
2.1 The purpose of this Affiliate Programme is to permit you to advertise the web portal www.elilhaam.com and to earn advertising fees through Verified Payment Triggers made by your end users.
2.2 To enroll for this Affiliate Programme, you must register by filling the Registration Form.
2.3 To enroll as an Affiliate, you must be:
a. Competent to Contract, as per the general laws of contract;
b. Not be an existing employee of the Merchant or have any association or relation with any employee of the Merchant.
2.4 Once the Merchant reviews your application for Registration as an Affiliate and approves the same, you shall receive an Acceptance Email within 3 business days.
2.5 Upon receiving the Acceptance email from the Merchant, the Affiliate shall begin promoting the Merchant’s website through the links, codes, banners and other material provided by the Merchant as per the terms of this Agreement and other guidelines and codes of conduct provided by the Merchant.
3. Affiliate Programme
3.1 The Affiliate will within 7 days following the Effective Date must include atleast one Link on the Affiliate website and will maintain at least one Link on the Affiliate website during the term.
3.2 The Affiliate will be granted access to an Affiliate control panel on the Merchant Website during the Term, from which the Affiliate will be able to:
(a) alter the Affiliate's account details and preferences;
(b) access analytics information relating to the Affiliate's performance; and
(c) download code to use as Links
3.3 The Affiliate shall promote the Merchant’s website and its offers.
3.4 The Affiliate shall receive commission when another user signs up for Membership on the Merchant Website through the Affiliate’s link, provided that such user did not at any time between the visit and the date of becoming a Member, visit the Merchant Website by means of a hyperlink associated with another affiliate within the Affiliate Programme and there is a Verified Payment Trigger.
4. Responsibility of the Affiliate:
4.1 The Affiliate must not:
(a) include any Prohibited Materials on the Affiliate Website, or include any hyperlink to any Prohibited Materials on the Affiliate Website;
(b) market the Affiliate Website using spam or unsolicited emails or other unsolicited communications, or using any form of spyware, parasite ware, adware or similar software, or using any other antisocial or deceptive methods; and
(c )increase or seek to increase the number of Payment Trigger events using any fraudulent or deceptive method.
4.2 The Affiliate will not take any action in connection with the Affiliate Programme which might reasonably be expected to lead to the possibility of damage to the reputation and goodwill of the Merchant and/or the Merchant Website
4.3 The Affiliate shall be solely responsible for its website, including its development, operation, and maintenance and all materials that appear on or within it. We will have no liability for these matters or for any of your end users’ claims relating to these matters, and you agree to defend, indemnify, and hold us, our affiliates and licensors, and our and their respective employees, officers, directors, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) relating to (a) your site or any materials that appear on your site, including the combination of your site or those materials with other applications, content, or processes; (b) the use, development, design, manufacture, production, advertising, promotion, or marketing of your site or any materials that appear on or within your site, and all other matters described in this Section 4; (c) your use of any Content, whether or not such use is authorized by or violates this Agreement, any guidelines, or applicable law; (d) your violation of any term or condition of this Affiliate Agreement or any Guidelines; or (e) your or your employees' negligence or willful misconduct.
4.4 You agree to the following :
• You will place our Merchants banners anywhere on your site as you see fit, or within non-spam emails.
• We may email you concerning new Merchant programs
• We might change the service here and then ;
• Adult, Hate, or other related sites are not allowed;
• All Payment Triggers verifications shall be calculated and collected by the Merchant and will be the only valid reference point for determining commissions.
• Any page that contains www.elilhaam.com links, banners, or code must be written in English.
• As an affiliate, you can only have 1 account. You can list multiple domains in one account, but only one account is allowed. Self-referrals for affiliate or merchant accounts are strictly prohibited.
• Your physical address listed for receiving checks MUST be your actual address. Mail forwarding services, for the purpose of avoiding network demographics, is NOT allowed. For example, if you choose USA as your country, you must be in the USA. If you choose Russia as a country, you must be in Russia.
• You won't hold us liable for anything, a link to a non-shareasale.com Web site does not mean that shareasale.com endorses or accepts any responsibility for the content or the use of such Web site.
• You cannot SPAM.. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to.
• You may place banners or links within your newsletters, in content of your website, or within other web related content.
• Affiliate accounts that are left inactive and/ or abandoned will be removed from our system if it remains inactive for a period of 6 months from the date of last login. An abandoned affiliate account is defined as any account that has not been logged in to for a period of 6 months, nor have any transactions been posted to that account.
• You are not allowed to use the Merchant banners or links, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guest books etc.
• You are not allowed to use the Merchant links or banners or other material provided by the Merchant for any placement of creative in a "Desktop" advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form.
• You are not allowed any display of a merchant window that isn't the result of a direct click by the end-user.
Failure to abide by these rules could mean termination from a given merchant program, or from shareasale.com completely with a complete forfeiture of commissions.
4.4 We consider Fraud to be a serious offense, and will be treat it as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually "refreshing" of pages, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOID COMMISSIONS.
4.5 You hereby agree to abide by the Affiliate Code of Conduct.
5.1 The commission structure for the Affiliate Programme shall be calculated at 6% per confirmed sale excluding the costs incurred for shipping, taxes and returns.
5.2 The Affiliate will receive their commission within 30 days of the confirmed sale.
5.3 The Commission shall be paid to you through Account Transfer to the registered Bank Account or PayPal account with the Merchant.
6. Term & Termination
6.1 The term of this Agreement will begin upon our acceptance of your Program application.
6.2 The Agreement can be terminated , with or without cause by providing the other a notice of one day.
6.3 For the purposes of Notice, we consider Notice by e-mail to the e-mail address on our records, as considered sufficient notice for to terminate this Agreement.
6.4 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 any other promotional materials that we provided to you as to an affiliate. You are eligible to earn referral fees only for Verified Payment Triggers that occur during the term, and referral fees earned through the date of termination will be payable, only if the related orders are not canceled or returned. To ensure that the correct amount is paid, we may withhold your final payment for a reasonable time not exceeding a period of two months.
7. LIMITED WARRANTY
The Service, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, www.elilhaam.com DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, www.elilhaam.com SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The Merchant will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold the Merchant liable for any of the consequences of such interruptions. MERCHANT SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. MERCHANT SHALL HAVE NO LIABILITY WITH RESPECT TO MERCHANT OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF MERCHANT HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF MERCHANT HEREUNDER SHALL BE LIMITED TO THE LESSER OF THE REVENUE EARNED BY MERCHANT AS A DIRECT RESULT OF THIS AGREEMENT OR DAMAGE DUE TO THE CONSEQUENTIAL INCIDENT.
8. LIMITATION OF LIABILITY
www.elilhaam.com OR ITS SUPPLIERS OR RESELLERS OR MERCHANTS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE www.elilhaam.com SERVICE OR ANY INFORMATION PROVIDED ON THE www.elilhaam.com WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF www.elilhaam.com OR A www.elilhaam.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, www.elilhaam.com’s LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
You agree to be jointly and severally agree to indemnify, defend, and hold harmless the Merchant and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
9. INTELLECTUAL PROPERTY RIGHTS OWNERSHIP & LICENSES
You, the Affiliate, are granted a non-exclusive, limited, revocable right to use Merchant provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of the Merchant, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, trade names and service marks related to the foregoing shall remain the Merchant’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.
Merchant may immediately terminate Your license to use the marks if the Merchant reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by the Merchant above. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge the Merchant’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of the Merchant.
www.elilhaam.com makes no representations whatsoever about any other Web site which You may access through the Affiliate Programme. In addition, a link to a non-b2c.elilhaam.com website does not mean that the Merchant endorses or accepts any responsibility for the content or the use of such website.
11. NON- ASSIGNABILITY
Affiliate cannot assign this Agreement to any successor or affiliate unless it has been approved in writing by the Merchant.
12. FORCE MAJEURE
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
No modification of the Agreement or of any covenant, condition or limitation herein contained shall be valid unless in writing and duly executed by both Parties to this Agreement
A waiver of any breach of the provisions of the Agreement shall not be considered to be a continuing waiver of other breaches of the same or other provisions hereof.
15. GOVERNING LAW & DISPUTE RESOLUTION
This agreement and all purchases made hereunder shall be governed by and construed in accordance with the laws of the Emirate of Dubai, United Arab Emirates.
Any dispute arising out of or relating to the interpretation or the implementation of this Agreement (“disputes”) shall be resolved amicably through conciliation and mutual agreement between the parties. In the event the parties cannot resolve disputes amicably, the same shall be referred for arbitration in Dubai under the Rules of Arbitration and Conciliation of the Dubai Chamber of Commerce and Industry (“DCCI”). The Parties hereby agree that the Arbitration Proceedings shall be conducted in English language. The arbitration award shall be final and binding upon the Parties and not subject to any appeal in any court and shall deal with the question of costs of arbitration and all matters related thereto.
This Agreement shall be construed in accordance with the laws of the United Arab Emirates and all litigation shall be brought in the courts of that state or province.
If any section of this Agreement is held to be invalid the remaining sections of this Agreement will not be affected.
17. ELECTRONIC COMMUNICATIONS
By visiting www.elilhaam.com or when you send e-mails to us or by registering as a Seller or Member, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.