Publisher License Agreement

Updated: October 1, 2016. (Current Associates: See what's changed.)

This ABC Associates Web-work Program License Agreement ("License Agreement") contains the terms and conditions that govern your participation in the ABC Associates Web-work Program (the "Program"). "We," "us," or "our" means ABC Associates Web-work program ( Web-work Trade Links Pvt. Ltd. or any of its registered license individual publisher and affiliate companies (excluding those that sell retail products), as the case may be. "You" or "your" means the license applicant. A "site" means a website. "ABC Associates web-work" means the site, "Your site" means any site(s) and software application(s) that you own or operate and link to the Site.


1. Description of the Program

The purpose of the Program is to permit you publish to Advertise Products from on your site and to earn publishing fees for Advertising Links (defined in publishing fee Schedule). A "Product Links" is any item Image of registered & subscribed on the Site, other than any product links that is listed on this page (collectively, "Excluded Product Links"). In order to facilitate your advertisement of Product Links, we may make available to you data, images, text, link formats, widgets, links, and other linking tools, and other information in connection with the Program ("Content & Dashboard"). Content & Dashboard specifically excludes any data, images, text, or other information or content relating to merchants & their products offered on any site other than the Site.

2. Enrollment

To begin the enrollment process, you must submit a complete and accurate joining application. You must identify your site(s) in your application. For purposes of this license Agreement, "your site" means your website or Mobile Application (defined below). We will evaluate your application and notify you of its acceptance or rejection. We may reject your application if we determine that your site is unsuitable. Unsuitable sites include those that:

(a) promote or contain sexually explicit materials;

(b) promote violence or contain violent materials

(c) promote or contain libelous or defamatory materials;

(d) promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;

(e) promote or undertake illegal activities;

(f) include any trademark of ABC Associates Web-work or its affiliates, or a variant or misspelling of a trademark of or its affiliates, in any domain name, sub-domain name, or in any username, group name, or other identifier on any social networking site (see the Trademark Guidelines for examples); or

(g) otherwise violate intellectual property rights.

We will determine suitability at our sole discretion. If we reject your application due to unsuitable content, you may reapply at any time. However, if at any time we 1) reject your application or 2) terminate your account in connection with any unsuitability or abuse (as determined in our sole discretion), you cannot attempt to re-join the Associates Program without our advance authorization. Advance authorization may be initiated by completing the Contact Associates Customer Service form available here. We reserve the right to withhold fees for future unauthorized Program activity.

You will ensure that the information in your Program application and otherwise associated with your account, including your email address and other contact information and identification of your site, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Program and this License Agreement to the email address then-currently associated with your Program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.

Mobile Applications
If you wish to include Special Links (defined below) in a software application designed and intended for use on mobile phones, tablets, or other handheld devices (a "Mobile Application"), you must include the name of the Mobile Application and the link to your Mobile Application in your application to the Program. The suitability and other requirements of this Section 2 and the Mobile Application Policy will apply to Mobile Applications. We will evaluate your application and notify you of its acceptance or rejection. A Mobile Application that is accepted will be an "Approved Mobile Application" for purposes of the License Agreement.

3. Links on Your Site

After you have been notified that you have been accepted into the Program, you may display Special Links on your site. "Special Links" are links to the Site that you place on your site in accordance with this License Agreement, that properly utilize the special "tagged" link formats we provide, and that comply with the Associates Program Linking Requirements. Special Links permit accurate tracking, reporting, and accrual of publishing fees to advertise product links. Special Links displayed in Approved Mobile Applications may be served by the ABC Associate Web-work Mobile API or the Product Advertising API, including any Special Links displayed within an integrated web browser, and must use the Associates/Publisher ID we have assigned to you expressly for your Approved Mobile Applications may earn publishing fees only as described in publishing fee schedule and only with respect to activity on the Site occurring directly through Special Links. We will have no obligation to pay you publishing fees if you fail to properly format the links on your site to the Site as Special Links, including to the extent that such failure may result in any reduction of publishing fee amounts (Refer Publishing Fees Schedule) that would otherwise be paid to you under this License Agreement.

4. Program Requirements

By participating in the Program, you agree that you will comply with the Associates Program Participation Requirements and all pages, schedules, policies, guidelines, specifications, user manuals, and supporting materials that we make available to you, and other documents and materials referenced in this License Agreement (collectively, "Operational Documentation").

You will provide us with any information that we request to verify your compliance with this License Agreement or any Operational Documentation. In addition to any other rights or remedies available to us, we may terminate this License Agreement, withhold (and you agree you are not eligible for) any publishing fees payable to you under this License Agreement, or both, if we determine that you or other persons that we determine are affiliated with you or acting in concert with you (whether in respect to any existing or previously terminated Associates account):

In addition, you hereby consent to us: sending you emails relating to the Program from time to time; monitoring, recording, using, and disclosing information about your site and visitors to your site that we obtain in connection with your display of Special Links using, reproducing, distributing and displaying your implementation of Content displayed on your site as examples of best practices in our educational materials.

5. Responsibility for Your Site

You will be solely responsible for your site, including its development, operation, and maintenance and all materials that appear on or within it. For example, you will be solely responsible for:

the technical operation of your site and all related equipment;

displaying Special Links and Content on your site in compliance with this License Agreement and the Operational Documentation and any agreement between you and any other person or entity (including any restrictions or requirements placed on you by any person or entity that hosts your site);

creating and posting, and ensuring the accuracy, completeness, and appropriateness of, materials posted on your site (including all Links of Product descriptions and other Links of Product-related materials and any information you include within or associate with Special Links);

using the Content, your site, and the materials on or within your site in a manner that does not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity or other intellectual property or proprietary rights);

disclosing on your site accurately and adequately, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including us and other advertisers) may serve content and advertisements, collect information directly from visitors, and place or recognize cookies on visitors' browsers; and

any use that you make of the Content and the ABC Associates Web-work Marks, whether or not permitted under this License Agreement.

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, (c) your use of any Content, whether or not such use is authorized by or violates this Agreement, any Operational Documentation, or applicable law, (d) your violation of any term or condition of this Agreement, or (e) your or your employees' or contractors' negligence or willful misconduct.
6. Publishing Fees

We will pay you publishing fees on advertising links of products in accordance with Publishing Fee Schedule. Subject to the exclusions set forth below, a "Advertising Links" occurs when (a) a customer clicks through a Special Link on your site to the Site; (b) during a single Session that customer either (i) places the order for that Product following the customer's initial click-through, (ii) purchases a Product via our feature, or (iii) streams or downloads a Product from the Site if the Product is a Digital Product; and (c) the Product is shipped to or streamed or downloaded by, and paid for by, the customer to register & subscribed merchant of

7. Publishing Fee Payment

We will pay you publishing fees on advertising links of products in accordance with Publishing Fee Schedule. Subject to the exclusions set forth below, a "Advertising Links" occurs when (a) a customer clicks through a Special Link on your site to the Site; (b) during a single Session that customer either (i) places the order for that Product following the customer's initial click-through, (ii) purchases a Product via our feature, or (iii) streams or downloads a Product from the Site if the Product is a Digital Product; and (c) the Product is shipped to or streamed or downloaded by, and paid for by, the customer to register & subscribed merchant of

we will directly deposit the publishing fees you earn into the bank account you designate, but may accrue and withhold publishing fees until the total amount due to you is at least Rs.50/-. If you select this method of payment, you must provide us with the name of your bank, the bank account type, the 9-digit IFSC Code number, and the name of the primary account holder as it appears on the account. If you have chosen payment by direct deposit and you do not provide this information, or it is not valid (e.g., the account has been closed or changed) or the payment is otherwise rejected by your bank, you may instead receive payment by cheque and be subject to the processing fees described below until you provide valid account information.

8. Administration Charges

Subject to the terms of publisher License a fixed percentage of 5.75% have been deducted from the invoice submission of payment task fees of the registered publisher and it has been mutually decided or agreed upon.

9. Identifying Yourself as an Associate/Publisher

You will not issue any press release or make any other public communication with respect to this License Agreement, your use of the Content, or your participation in the Program. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to any charity or other cause), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this License Agreement.

10. Limited License Use

Subject to the terms of this License Agreement and solely for the limited purposes of advertising Product Links on, and directing end users to, the Site in connection with the Program, we hereby grant you a limited, revocable, non-transferable, non-exclusive, royalty-free license to (a) copy and display the Content solely on your site; and (b) use only those of our trademarks and logos that we may make available to you as part of Content (those trademarks and logos, collectively, "ABC Associates Web-work") solely on your site and in accordance with the Associates Program Trademark Guidelines.

The license set forth will immediately and automatically terminate if at any time you do not timely comply with any obligation under this License Agreement or any Operational Documentation, or otherwise upon termination of this License Agreement. In addition, we may terminate the license set forth in this clause in whole or in part upon written notice to you.

11. Reservation of Rights; Submissions

we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to, and you do not, by virtue of this License Agreement or otherwise, acquire any ownership interest or rights in or to, the Program, Special Links, link formats, Content, any domain name owned or operated by us or our affiliates, Operational Documentation, our and our affiliates' trademarks and logos (including the ABC Associates Web-work Marks), and any other intellectual property and technology that we provide or use in connection with the Program (including any application program interfaces, software development kits, libraries, sample code, and related materials). If you provide us or any of our affiliates with suggestions, reviews, modifications, data, images, text, or other information or content about a product or in connection with this License Agreement, any Content, or your participation in the Program, or if you modify any Content in any way, (collectively, "Your Submission"), you hereby irrevocably assign to us all right, title, and interest in and to Your Submission and grant us (even if you have designated Your Submission as confidential) a perpetual, paid-up royalty- free, nonexclusive, worldwide, irrevocable, freely transferable right and license to (a) use, reproduce, perform, display, and distribute Your Submission in any manner; (b) adapt, modify, re-format, and create derivative works of Your Submission for any purpose; (c) use and publish your name in the form of a credit in conjunction with Your Submission (however, we will not have any obligation to do so); and (d) sub-license the foregoing rights to any other person or entity. Additionally, you hereby warrant that: (y) Your Submission is your original work, or you obtained Your Submission in a lawful manner; and (z) our and our sub-licensees' exercise of rights under the license above will not violate any person's or entity's rights, including any copyright rights. You agree to provide us such assistance as we may require to document, perfect, or maintain our rights in and to Your Submission.

12. Compliance with Laws

In connection with your participation in the Program you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of Indian governmental authority that has jurisdiction over you, including laws (federal, state, or otherwise) that govern marketing email.

13. Term and Termination

The term of this License Agreement will begin upon our acceptance of your Program application and will end when terminated by either you or us. Either you or we may terminate this License Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon any termination of this License Agreement, any and all licenses you have with respect to Content will automatically terminate and you will immediately stop using the Content and ABC Associates Web-work Marks and promptly remove from your site and delete or otherwise destroy all links to the Site, all ABC Associates Web-work Marks, all other Content, and any other materials provided or made available by or on behalf of us to you under this License Agreement or otherwise in connection with the Program. We may withhold accrued unpaid publishing fees for a reasonable period of time following termination to ensure that the correct amount is paid (e.g., to account for any cancelation or returns). No termination of this License Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Operating Agreement prior to termination.

14. Modification

We may modify any of the terms and conditions contained in this License Agreement (and any Operational Documentation) at any time and in our sole discretion by posting a change notice, revised agreement, or revised Operational Documentation on the ABC Associate Web-work ( site or by sending notice of such modification to you by email to the email address then-currently associated with your Associates account (any such change by email will be effective on the date specified in such email and will in no event be less than two business days after the date the email is sent). Modifications may include, for example, changes to the Associates Program Advertising Fee Schedule, Associates Program Participation Requirements, payment procedures, and other Program requirements. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS LICENSE AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE EFFECTIVE DATE OF ANY MODIFICATION (E.G., THE DATE OF OUR POSTING OF A CHANGE NOTICE, REVISED LICENSE AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON THE WEB-WORK.IN SITE OR THE DATE SPECIFIED IN ANY EMAIL TO YOU REGARDING SUCH MODIFICATION) WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

15. Relationship of Parties

You and we are independent contractors, and nothing in this License Agreement or the Operational Documentation will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates' behalf. You will not make any statement, whether on your site or otherwise, that contradicts or may contradict anything in this section. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this License Agreement, you will be deemed to have taken the action yourself.

16. Limitation of Liability

Neither We Nor Any Of Our Affiliates Or Licensors Will Be Liable For Indirect, Incidental, Special, Consequential, Or Exemplary Damages (including Any Loss Of Revenue, Profits, Goodwill, Use, Or Data) Arising In Connection With This License Agreement, The Program, Operational Documentation, The Abc Associate Web-work ( Site, Or The Service Offerings (defined Below), Even If We Have Been Advised Of The Possibility Of Those Damages. We Will Have No Liability For Any Matter Directly Or Indirectly Relating To The Creation, Maintenance, Or Operation Of Your Site Or Your Violation Of This Agreement. Further, Our Aggregate Liability Arising In Connection With This License Agreement, The Program, The Abc Associate Web-work ( Site, And The Service Offerings Will Not Exceed The Total Publishing Fees Paid Or Payable To You Under This License Agreement In The Twelve Months Immediately Preceding The Date On Which The Event Giving Rise To The Most Recent Claim Of Liability Occurred.

17. Disclaimers

The Program, The Abc Associate Web-work ( Site, Any Special Links, Link Formats, Operational Documentation, Content, Domain Name, Our And Our Affiliates' Trademarks And Logos (including The Web-work Marks), And All Technology, Software, Functions, Materials, Data, Images, Text, And Other Information And Content Provided Or Used By Or On Behalf Of Us Or Our Affiliates Or Licensors In Connection With The Program (collectively The "service Offerings") Are Provided "as Is." Neither We Nor Any Of Our Affiliates Or Licensors Make Any Representation Or Warranty Of Any Kind, Whether Express, Implied, Statutory, Or Otherwise With Respect To The Service Offerings. Except To The Extent Prohibited By Applicable Law, We And Our Affiliates And Licensors Disclaim All Warranties With Respect To The Service Offerings, Including Any Implied Warranties Of Merchantability, Satisfactory Quality, Fitness For A Particular Purpose, Non-infringement, And Quiet Enjoyment, And Any Warranties Arising Out Of Any Course Of Dealing, Performance, Or Trade Usage. We May Discontinue Any Service Offering, Or May Change The Nature, Features, Functions, Scope, Or Operation Of Any Service Offering, At Any Time And From Time To Time. Neither We Nor Any Of Our Affiliates Or Licensors Warrant That The Service Offerings Will Continue To Be Provided, Will Function As Described, Consistently Or In Any Particular Manner, Or Will Be Uninterrupted, Accurate, Error Free, Or Free Of Harmful Components. Neither We Nor Any Of Our Affiliates Or Licensors Will Be Responsible For (a) Any Errors, Inaccuracies, Or Service Interruptions, Including Power Outages Or System Failures; Or (b) Any Unauthorized Access To Or Alteration Of, Or Deletion, Destruction, Damage, Or Loss Of, Your Site Or Any Data, Images, Text, Or Other Information Or Content. No Advice Or Information Obtained By You From Us Or From Any Other Person Or Entity Or Through The Program, Content, Operational Documentation, The Site, Or The Affiliate-program Site Will Create Any Warranty Not Expressly Stated In This License Agreement. Further, Neither We Nor Any Of Our Affiliates Or Licensors Will Be Responsible For Any Compensation, Reimbursement, Or Damages Arising In Connection With Any Loss Of Prospective Profits Or Revenue, Anticipated Sales, Goodwill, Or Other Benefits, Any Investments, Expenditures, Or Commitments By You In Connection With This License Agreement Or Your Participation In The Program, Or Any Termination Of This Operating Agreement Or Your Participation In The Program.

18. Disputes

Any dispute relating in any way to the Program or this License Agreement will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Arbitration and Conciliation Act, 1996 and Indian arbitration law, without regard to principles of conflict of laws, will govern this License Agreement and any dispute of any sort that might arise between you and us.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this License Agreement as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered Office D-57, Sector 2, Noida 201301 Uttar Pradesh, India. The arbitration will be conducted by the Indian Council of Arbitration ("ICA") under its rules, including the ICA's Supplementary Procedures for Consumer- Related Disputes.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights