Terms & Condition
This Agreement contains the complete terms and conditions that apply to an individual’s or entity’s participation in the IconicERP Affiliate Program (the “Program”). As used in this Agreement, “we”, “us”, or “our” means IKS & Partners Company or any of our affiliate; parent; or group companies and our successors and assigns, as the case may be, and “you” means the applicant. IconicERP Site means, collectively, the IconicERP.com website, the IconicERP mobile website and the IconicERP mobile applications. “Your site” means your website where you will link to the IconicERP Site (and which you will identify in your Program application). Save for our obligation to pay referral fees , which may be performed solely by us, we may cause any of our obligations under this Agreement to be fulfilled by any of our Affiliates (defined below), on our behalf.
Enrollment in the Program
Participation in the Program is limited to parties that lawfully can enter into and form contracts under applicable law. For example, you have to be 18 years or above to enroll in this Program. To begin the enrollment process, you will submit a complete Program Application via the IconicERP Site. We will evaluate your application in good faith and will notify you of its acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include, but are not limited to, those that:
- Advertise affiliate links through pop-up windows / pop-unders
- Advertise affiliate links as a cashback offer (i.e. in terms of Money Transfer.You can provide reward points in the form of mobile recharge or any gift vouchers kind of thing to your customers from your side. But you need to mention clearly on your website that the Gift articles are not provided by IconicERP.com. And the customer should contact only you for any queries related to those gift articles which you had provided to them,not to Geenali.com).
- Advertise misleading/wrong offers/deals running on IconicERP
- Use affiliate links, whether directly or indirectly, on web sites offering any kind of referral program with/without payment of fees and/or sites in the nature of multi-level marketing arrangements
- Use affiliate links on illegal audio/video download sites
- Promote affiliate link or any third party links via use of paid ads on search engine result pages and social media websites by bidding on trademark of IconicERP.com or any variation or misspelling of any trademark of IconicERP.com
- Promote pornography and sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote illegal activities
- Include any trademark of IconicERP.com, or its affiliates, or any variation or misspelling of any trademark of IconicERP.com, or its affiliates, in any parent domain name — for example, a domain name such as “IconicERPauctions.net” would be unsuitable
- Include any trademark of IconicERP.com, Inc. or its affiliates in any username, group name, or other identifier on any social networking website
- Include any colour combination or layout similar or identical to IconicERP.com, with the intention to deceive
- Use links or URLs which are not published by the IconicERP Site or by IconicERP Affiliate Program.
- Add products directly to the customer’s cart using scripts or any tools.
- Are owned by or is principally maintained/operated by current employees of IconicERP.
- Otherwise violate intellectual property rights.
If we determine that you have not complied with any requirement or restriction provided in the Program or any other applicable policies or that you have otherwise violated this Agreement, we may (in addition to any other rights or remedies available to us) withhold any fees payable to you under this Agreement, terminate this Agreement, or both. In addition, you hereby consent to us 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, and monitoring, crawling, and otherwise investigating your site to verify compliance with this Agreement and Program.
Self Orders / Bulk Orders
Please also note that you may not purchase products 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 for products to be used by you or your friends, relatives, or associates in any manner. The reason behind this policy is that the IconicERP Affiliate Program is an advertising program rather than a discount program. Our goal is to have our affiliates refer new customers to us in return for referral fees. Affiliates are not eligible for referral fees when they place orders themselves, or ask people they know to routinely place orders through their affiliate links so they can earn referral fees. If you are found in violation of these policies, then IconicERP has the right to terminate your registration, as well as revoke all payments linked to your account, unless you can show that the purchases were genuine.
Paid Search Ads campaigns
For Paid Search Ads through Google AdWords campaigns or of other search engines, Affiliates cannot send users directly to the IconicERP Site through keyword bidding or other paid search activities. However, if your Paid Search Ads, without using any IconicERP trademarks or variations and misspelling of such trademarks, send users to your own website and then your website displays affiliate links to IconicERP Site, you may earn referral fees for eligible purchases made by users who click through your Paid Search Ads to your website and then click through to the IconicERP Site. You shall not include IconicERP domain name (www.IconicERP.com) as Display URL or Destination / Landing Page URL in the ad copies of your AdWords campaigns. Any affiliate found / identified by us (we have systems in place to identify) directing users / traffic to IconicERP Site directly through Paid Search Ads will be penalised. Non-compliance would not only lead to suspension of your affiliate account, but also cancellation of all pending commissions and commissions thereafter.
We will process Product orders placed by customers who follow Special Links from your site to the IconicERP Site. We reserve the right to reject/disapprove orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service. We will track sales made to customers who purchase Products by using Special Links from your site to the IconicERP 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 in our discretion.
We have to downgrade ranks in affiliate is not giving sale.
We will pay you referral fees on certain Product sales to third parties. For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link on your site to the IconicERP Site and during a single session, add the Product to his or her shopping cart. The session begins when the customer clicks through a Special Link on your site to the IconicERP Site and ends upon the first to occur of the following events:
- session based on the customer’s initial click-through
- the customer places an order for a Product, or
- the customer follows a third party link to the IconicERP Site that is appended with a different affiliate’s tag, or
- The customer follows a link to the IconicERP Site that is appended with IconicERP’s email campaign tag
We will only pay referral fees on eligible Products after order, payment, and shipping. To permit accurate tracking, reporting and fee accrual, you must ensure that the Special Links between your site and the IconicERP Site are properly formatted. We will not be liable for paying referral fees on purchases that are not correctly tracked and reported because the links between your site and the IconicERP Site are not properly formatted. We will not, however, pay referral fees on any Products that are added to a customer’s Shopping Cart after the customer has reentered the IconicERP Site (other than through a Special Link from your site), as determined by us, even if the customer previously followed a link from your site to the IconicERP Site. In addition, we will not pay referral fees for any purchases made by customers referred through a Prohibited Paid Search Ad or Special Links (to the IconicERP Site) that is generated or displayed in response to general Internet search queries or keywords. “Prohibited Paid Search Ad” means an advertisement that you purchased through bidding on keywords, search terms, or other identifiers (including Proprietary Terms) or other participation in keyword auctions. “Proprietary Term” means keywords, search terms, or other identifiers that include the word “IconicERP,” or any other trademark of IconicERP, or variations or misspellings of any of those words (e.g., “Iconi cERP,” “IconicERP,” etc). For avoidance of doubt, the Search Box Link, which searches the IconicERP Product catalog, or searches of product databases that include Geenali Products, such as shopping comparison engines, are still eligible for referral fees. You may not purchase products 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 for products to be used by you or your friends, relatives, or associates in any manner. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement. In addition, you may not:
- directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using Special Links on your site to access the IconicERP Site (e.g., by implementing any “cashback” program for persons or entities who use Special Links on your site to access the IconicERP Site);
- read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity;
- in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the IconicERP Site;
- make any orders or subscription requests, or engage in other transactions of any kind on the IconicERP Site on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so;
- take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring;
- other than providing Special Links on your site in accordance with this Agreement, post or serve any advertisements or promotional content promoting the IconicERP Site or otherwise around or in conjunction with the display of the IconicERP Site (e.g., through any “framing” technique or technology or pop-up or pop-under windows), or assist, authorize, or encourage any third party to take any such action;
- attempt to circumvent the referral fee schedule or artificially increase your referral fees (e.g. by intentionally featuring, purchasing or requesting or encouraging any third party to purchase low-price items offered on the IconicERP Site (as determined by us) for the purpose of exceeding any referral fee threshold or by causing any page of the IconicERP Site to open in a customer’s browser other than as a result of the customer clicking on a Special Link on your site);
- attempt to intercept or re-direct (including, without limitation, via user-installed software) traffic from or on, or divert referral fees from, any web site that participates in the Program; or
- seek to purchase or register any keywords, search terms or other identifiers that include the words “IconicERP,” “IconicERP”, or any other trademark of IKS & Partners Company LLC or its affiliates, or variations or misspellings thereof (“Proprietary Terms”) for use in any search engine, portal, sponsored advertising service or other search or referral service.
From time to time we may request that you cause any applicable web search provider to exclude Proprietary Terms from keywords used to display your advertising content in association with search results, assuming the provider of such Web search engine offers such exclusion capabilities.
Referral Fee Payment
You can transfer you referral money into your bank account or paypal account
- You can submit bank details in My account -> Profile section
- You can submit paypal details in My account -> Profile section
Policies and Pricing
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product 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 products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, your site may only show prices when we serve the link in which those prices are displayed. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
Identifying Yourself as an Affiliate
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. You may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause). Any such activity will lead to suspension of your account and/or withholding of payment of any accrued and future commissions as being in violation of this Agreement.
Responsibility for 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:
- The technical operation of your site and all related equipment
- Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
- Creating and posting Product descriptions on your site and linking those descriptions to the IconicERP Site catalog
- The accuracy and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
- 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 libelous 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. We also advise you to strictly abide by the terms narrated in Clause 1 above of this terms and conditions and any non-observance of the terms therein shall determine our association with immediate effect.
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email and all other anti-spam laws.
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 the IconicERP Site, and all of our 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. You are eligible to earn referral fees only on sales of Qualifying Products that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Effect of Termination: Upon termination of this Agreement by either side you will cease to be an affiliate and shall remove all links to the Geenali site and non-removal of links and use of all or any of our trademark, trade dress, logos and price are treated as illegal crawling and infringement of our Trademark.
Referrer acknowledges that nothing in these Terms shall be deemed to constitute a partnership, association, or joint venture between Referrer and IconicERP, nor shall either party be deemed to constitute an agent of the other party for any purpose whatsoever.
In participating this Program, Referrer shall:
- make no representations that it is an agent or otherwise affiliated with IconicERP;
- comply with all laws, regulations, and standards applicable to it including those dealing with privacy and personal information, electronic messages, and any regulated industry; and
- take no action that may damage the goodwill, name and reputation of IconicERP.
In the event that Referrer violates the Terms, IconicERP may, among other things, withdraw its consent to Referer’s participation in the Program at any time on notice (the “Notice”) to Referrer, void all Program referral links granted to such Referrer (the “Links”), and forfeit any unpaid Referral Rewards.
Referrer agrees that, upon receiving the Notice, Referrer will immediately cease using all Links, and remove such Links from all Referrer’s websites, social media accounts or in all other materials and documentation generated by Referrer in connection with this Program
We may modify any of the terms and conditions contained in this Agreement, without prior notice at any time and in our sole discretion, by posting a change notice or a new agreement on the IconicERP 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 the IconicERP site will constitute binding acceptance of the change.
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 clause.
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 the total referral fees paid or payable to you under this Agreement.