Terms & Conditions
Terms & Conditions – Affiliate Program
By signing up to be an affiliate in the Maw & Paw Affiliate Program (the “Program”) you agree to be bound by the following terms and conditions (the “Terms”). Please ensure that you read them carefully before signing up. These Terms are a legal agreement between Emersyn Naturals Pvt. Ltd. a company registered in India under the Companies Act, 2013 (18 of 2013) and having its registered office at,. Building no. 162, 1st Road,B/103 Silver land, Shriprastha, Taluka -Vasai, Dist Palghar, Thane, Maharashtra 401203 (henceforth mentioned in this agreement as “Maw & Paw”, “we”, “us”)
and You (henceforth mentioned in this agreement as the “Affiliate”, “you”).
We reserve the right to update and change the Terms from time to time without notice. Any
amendments, modifications, enhancements or changes to the Program including the release of new
features and resources made available by us from time to time shall be subject to these Terms.
Continued use of the Program after any such changes shall constitute your consent to such changes.
You can review the most current version of the Terms at any time. at :https://www.easyproject.com/about-us/affiliate-portal/terms-and-conditions
Any violation of these Terms may result in, among other things, termination or suspension of your
rights to be an Affiliate and forfeiture of any outstanding affiliate referral fee payments earned
during the violation.
Account Registration & Terms
You must provide your legal full name, Bank Account details, Phone number, a valid email address,
and any other information requested in order to complete the sign up process for an Affiliate
account (“account”)
You must be 18 years of age or older to join this Program.
Each account is for use by an individual user. We do not permit you to share your user name and
password with any other person nor with multiple users on a network. Responsibility for the security
of any user names and passwords issued (including those of any Invitees) rests with you.
You may not use the Program for any illegal or unauthorized purpose. You must not, in the use of the
Program, violate any laws in your jurisdiction (including but not limited to copyright laws).
Referral Links & Promotion
Once you have signed up for the Program you will be provided with a URL link that must be used to
identify you when placing a link from your site, blog , social media, email or other communications
to the Maw & Paw website. It is your responsibility to ensure each such link is correctly formatted.
We may also provide graphical images that can be used within the links to promote Maw & Paw. You
may not modify these images in any way. We reserve the right to change the images at any time
without notice.
You will be solely responsible for the development, operation, and maintenance your site, blog ,
Social media, email, and other communications and for all materials that appear on your site, blog , Social media, email, and other communications.
You may not use our name or graphics in any bulk email whatsoever unless we have given our advanced written consent. We may terminate the Agreement if any meaningful spam complaints naming us or our services result from your marketing activities.
You may not issue any press release with respect to this Agreement or your participation in the
Program; such action may result in your termination from the Program. In addition, you may not in
any manner misrepresent or embellish the relationship between us and you, say you develop our
Services, say you are part of Maw & Paw or express or imply any relationship between us and you or
any other person or entity, except as expressly permitted by this Agreement.
Referral Fees
For the sale of a subscription to be eligible to earn a referral fee, the customer must click-through a
link from your site, blog, social media, email, or other communications to the Maw & Paw website
and sign up within 90 days of the initial click-through. If they fail to sign up within those 90 days and
later return without following your link, you will not earn a referral fee.
We will only pay referral fees on links that are automatically tracked and reported by our systems.
For our systems to track the referral, the visitor must have cookies enabled. We will not pay referral
fees if someone says they signed up through you but it was not tracked by our system.
The referral fee is 20% of our revenue from customers that you refer. The referral fee will be credited
to your Affiliate account once the customer pays their subscription. Referral fees are only earned if a
customer makes a payment in full.
Payment
Accrued referral fees are paid via bank transfer roughly once per month and only when your accrued
referral fees total INR.1000/- or more. The Affiliate will then raise an invoice to Maw & Paw for the
indicated amount. You must have a valid bank account to receive referral fees, as we do not offer
payment via cheque/check, credit card, cash or other method.
Customer payments refunded or payments charged-back due to credit card fraud do not qualify for
referral fees. We may delay crediting of referral fees subject to risk analysis considerations and
Anti-Money Laundering procedures.
A summary of sign ups and statement of referral fees is available to the Affiliate by logging into their
Affiliate account.
The referral fee structure is subject to change at our discretion.
We reserve the right to disqualify referral fees earned through fraudulent, illegal, or overly
aggressive, questionable sales or marketing methods.
All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on
your involvement in this Agreement and shall be the responsibility of, and payable by you.
We reserve the right to check and change commissions on the basis of orders actually paid, the
notification e-mail is not understood as a confirmed commission – this is only a notification, and
every payment will be verified based on real transactions.
Customer Definition
Every customer who buys a service through this program is deemed to be a customer of Maw & Paw.
Accordingly, all of our rules, policies, and operating procedures concerning pricing, customer orders,
customer service, website usage and services sales will apply to those customers. We may change
our website policies, affiliate programme policies and operating procedures at any time. Maw & Paw
is not responsible for any representations made by the Affiliate that contradict our rules, policies or
operating procedures.
Pricing & Availability
We will determine the prices to be charged for services sold under this Program in accordance with
our own pricing policies. Services prices and availability may vary from time to time. Because price
changes may affect services that you have listed on your site, blog , Social media, email, and other
communications you should not display services prices your site, blog , Social media, email, and
other communications. We will use commercially reasonable efforts to present accurate information,
but we cannot guarantee the availability or price of any particular service.
Copyrighted and Trademarked material
You are solely responsible for ensuring that your reviews, product descriptions and articles (if
applicable at your site, blog , Social media, email, and other communications) obey all applicable
copyright, trademark, and other laws. Maw & Paw will not be responsible if you use another party’s
copyrighted or trademarked material in violation of the law.
Term of the Agreement and Program
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 notice of termination. Notice by e-mail, to your address
on our records, is considered sufficient notice to terminate this Agreement. Maw & Paw reserves the
right to end the Program at any time. Upon Program termination, Maw & Paw will pay any legitimate
outstanding earnings.
Termination
Maw & Paw, in its sole discretion, has the right to suspend or terminate your account and refuse any
and all current or future use of the Program, or any other Maw & Paw service, for any reason at any
time. Such termination will result in the deactivation or deletion of your Affiliate Account, and the
forfeiture and relinquishment of all potential or accrued referral fees in your Account if they were
earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Maw & Paw reserves the right to refuse service to anyone for any reason at any time. Upon the
termination of this Agreement for any reason, you will immediately cease use of, and remove from
your site, blog , Social media, email, and other communications, all links to the Maw & Paw website
and all our images and other materials provided under the Program 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, blog , Social media, email, and other
communications or otherwise, that reasonably would contradict anything in this Agreement.
Limitations of Liability
The Company and any of the Company’s officers, directors, employees, shareholders or agents of any
of them, exclude all liability and responsibility for any amount or kind of loss or damage that may
result to you or a third party (including without limitation, any direct, indirect, punitive or
consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of
money, or loss or damages arising from or connected in any way to business interruption, and
whether in tort (including without limitation negligence), contract or otherwise) in connection with
this Program.
Nothing in this legal notice shall exclude or limit the Company’s liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract
Terms Act 1977; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
If your use of material provided under this Program results in the need for servicing, repair or
correction of equipment, software or data, you assume all costs thereof. The Company’s maximum
aggregate liability under or in connection with these Terms, or any collateral contract, whether in
contract, tort (including negligence) or otherwise (a “Claim”), shall be limited to a sum equal to the
aggregate amount which we are obliged to pay you in the twelve (12) month period immediately
prior to the period giving rise to such Claim.
Arbitration
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof),
any transactions or activities under this Agreement or your relationship with us or any of our
affiliates shall be submitted to confidential arbitration in Mumbai. Arbitration under this agreement
shall be conducted under the rules then prevailing of the Mumbai Arbitration Association. The
arbitrator’s award shall be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject to this Agreement, whether
through class arbitration proceedings or otherwise.
Commissions become available for payment once the total earned reaches INR.1000/-.
Notice
All notices given by you to us must be given to Emersyn Naturals Pvt. Ltd. at
Contact@mawandpaw.avegademos.com
We may give notice to you at the e-mail address you provided to us when registering. Notice will be
deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any
notice, it will be sufficient to prove in the case of an e-mail, that such e-mail was sent to the
specified e-mail address of the addressee.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our
obligations hereunder that is caused by events outside our reasonable control (a “Force Majeure
Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our
reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared
or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, Pandemic, epidemic or other natural
disaster;
(d) impossibility of the use of public or private telecommunications networks;
(e) the acts, decrees, legislation, regulations or restrictions of any government.
Our performance is deemed to be suspended for the period that the Force Majeure Event continues,
and we will have an extension of time for performance for the duration of that period. We will use
our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which
our obligations under these Terms may be performed despite the Force Majeure Event.
Waiver
If we fail, at any time to insist upon strict performance of any of your obligations under these Terms,
or if we fail to exercise any of the rights or remedies to which we are entitled hereunder, this shall
not constitute a waiver of such rights or remedies and shall not relieve you from compliance with
such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver
and is communicated to you in writing.
Severability
If any of these Terms are determined by any competent authority to be invalid, unlawful or
unenforceable to any extent, such term, condition or provision will to that extent be severed from
the remaining terms, conditions and provisions which will continue to be valid to the fullest extent
permitted by law.
Entire agreement
These Terms and any document expressly referred to in it represents the entire agreement between
us in relation to the use of the Program and supersedes any prior agreement, understanding or
arrangement between us, whether oral or in writing.
We each acknowledge that, in entering these Terms, neither of us has relied on any representation,
undertaking or promise given by the other or be implied from anything said or written in
negotiations between us prior to entering into these Terms except as expressly stated herein.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether
orally or in writing, prior to the date we entered these Terms (unless such untrue statement was
made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in
these Terms.
Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with Indian law. Disputes arising
in connection with this legal notice shall be subject to the exclusive jurisdiction of the Courts in
Mumbai.
Maw & Paw
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