Terms & Conditions
2 Website Availability
• Spicesafari may suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.
• Spicesafari reserves the right to make any changes to the Website or to discontinue any aspect or feature of the Website without notice.
• In the event that Spicesafari, in its sole discretion, considers that you are making any illegal and/or unauthorised use of the Website, and/or your use of the Website is in breach of these Terms, Spicesafari reserves the right to take any action that it deems necessary, including terminating without notice your use of the Website and, in the case of illegal use, instigating legal proceedings.
3 Your Status
By placing an order to purchase Products (Order) through the Website, you warrant that:
• You are legally capable of entering into binding contracts; and
• You are at least 18 years old; and
4 The Contract Between You and The Partner
• After placing an Order, you will receive an email from Spicesafari acknowledging that Spicesafari has received your order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to Spicesafari to buy a Product from the third party that offers the Product for sale via the Website (the Partner). All orders are subject to acceptance by the Partner, and the Partner will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between the Partner and you (Contract) will only be formed when the relevant Partner sends you the Dispatch Confirmation.
• Each Contract relates only to those Products whose dispatch the Partner has confirmed in the Dispatch Confirmation. The Partner shall not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed by way of a Dispatch Confirmation.
• For the avoidance of doubt, your contract with Spicesafari relates only to your use of the Website and the Services available therein.
5 Credit Card Payment
In a credit card transaction, you must use your own credit card. We will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user
The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of the Website Owner and the suppliers of the products listed on the Website. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of the Website Owner.
7 External Links
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us at info@Spicesafari.com if you would like to link to this website or would like to request a link to your website.
8 Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby INDEMNIFY the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
9 Spicesafari Refund Policy
Products returned by you because of a defect will be refunded in full, including a refund of any standard delivery charges for sending the item to you and the cost incurred by you in returning the item to us. Spicesafari will not refund opened or used product.
10 Disclaimer of Liability
The Website Owner shall not be responsible for and DISCLAIMS all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In PARTICULAR, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
11 User of the Website
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Singapore). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
12 No Commercial Use
This Website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this site. You may not use this site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.
13 Visitor Registration
Visitors will need to register with the Website in order to use some of the services or features made available on this Website. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately either using the Website’s automated service, or via e-mail at info@Spicesafari.com. We may change registration requirements from time to time.
• Entire Agreement
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Singapore without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the courts of Singapore in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
• Below are the terms and conditions for the SpiceSafari Affiliate Program.
Spicesafari Affiliate Program Terms & Conditions
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Spicesafari Affiliates Program (the "Program"). As used in this Agreement, "we", "us" or "our" means Spicesafari Commercial Venture LLP and "you" means the applicant. Spicesafari Sitemeans, collectively, the spicesafari.com website. "Your site" means your website and any other software application where you will link to the Spicesafari Site (and which you will identify in your Program application). Save for our obligation to pay referral fees under Section 4, 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.
1. Enrolment in the Program
You have to be 18 years or above to enrol in this Program. To begin the enrolment process, you will submit a complete Program Application via the Spicesafari 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 misleading/wrong offers/deals running on Spicesafari site.
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 via use of paid ads on search engine result pages and social media websites by bidding on trademark of spicesafari.com or any variation or misspelling of any trademark of spicesafari.com
Promote pornography and sexually explicit materials
Promote violence or Promote illegal activities
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
Include any trademark of spicesafari.com, or its affiliates, or any variation or misspelling of any trademark of Spicesafari.com, or its affiliates, in any domain name -- for example, a domain name such as "spicesafari.buyspices.com", "spicesafaribestspices.net", would be unsuitable
Include any colour combination or layout similar or identical to Spicesafari.com, with the intention to deceive
Use links or URLs which are not published by the Spicesafari Site or by Spicesafari Affiliate Program.
Add products directly to the customer's cart using scripts or any tools.
Otherwise violate intellectual property rights.
By participating in the Program you agree that you will not engage in any such activities. If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program at a later period, we may terminate this Agreement with immediate effect including withholding all your pending commission payments, with or without notice, as may be determined in sole discretion of Spicesafari.com. Participation in the Program is limited to parties that lawfully can enter into and form contracts under applicable law.
During the registration process, it is compulsory to provide the information of all "Your Website(s)" in the "Affiliate Website Information" section, which you would be linking to the Spicesafari Site. We record your traffic from these websites/blogs and hold the authority to withhold your payments/disable your account in case of:
Traffic coming from any website / blogs not mentioned by you in the "Affiliate Website Information" section
In case of any violations made by the websites / blogs not mentioned in the "Affiliate Website Information" section
Further, by participating in the Program you agree that you have read and understood the contents of Spicesafari Terms and conditions (http://www.spicesafari.com/terms) and contents of the said Terms and conditions shall be read as part and parcel of the Agreement, wherever applicable and be binding upon you.
2. Links on Your Site
Once you have been notified that your site has been accepted into the Program, and subject to clause 1 of this Terms and Conditions, we grant you a revocable, non-exclusive, worldwide, royalty- free license for the duration of the term of this Agreement, solely for purposes of facilitating referrals from your site to the Spicesafari Site, to provide on your site one or more of the following types of links to the Spicesafari Site:
You may select one or more Products to list on your site using a variety of formats that we make available to you, such as text link format, graphical link format, customizable "widget" format, or
"product preview" link format. A "Product" is any product listed on the Spicesafari Site that is fulfilled by us or on our behalf, or any product sold by a third party seller on the Spicesafari Site. You will be responsible for the content, style, and placement of the references of the product on your site. You will provide a Special Link (as defined below) from each Product reference on your site to the corresponding Spicesafari Site online catalogue entry. Each such link will connect directly to a single item in our online catalogue. You may add or delete Products (and related links) from your site at any time without our approval. You may not use Special Links to link to the Spicesafari Site from references to products on your site that are not "Products" as defined above.
General Link to Spicesafari Site Home Page:
You may provide a general link on your site to the home page of the Spicesafari Site. Search Results Link:
You may provide a link on your site that will link to a particular search result on the Spicesafari Site, the parameters of which will be determined by you based on search generating alternatives we make available to you.
Any Page Link:
You may provide a link on your site that will link to any particular page on the Spicesafari Site, provided that you properly use the special link formats provided on the Spicesafari Site as part of the Program to create such link. We will provide you with guidelines and graphical artwork to use in linking to the Spicesafari Site home page. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special "tagged" link formats to be used in all links between your site and the Spicesafari Site (and for purposes of this Agreement, the browser window described above that opens upon a user's clicking on a Quick-Click link is deemed a part of the Spicesafari Site, and any Quick-Click link is deemed a link between your site and the Spicesafari Site). You must ensure that each of the links between your site and the Spicesafari Site properly utilizes such special link formats. Links to the Spicesafari Site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will earn referral fees only with respect to activity on the Spicesafari Site occurring directly through Special Links; we will not be liable to you with respect to any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement. You acknowledge that, by participating in the Affiliate Program and placing any of the above links within your site, we may receive information from or about visitors to your site or communications between your site and those visitors. Your participation in the Program constitutes your specific and unconditional consent to and authorization for our access to, receipt, storage, use, and disclosure of any and all such information, consistent with the policies and procedures set forth in the Privacy Notice on the Spicesafari Site. Except for the license granted under this Section 2, you do not obtain any rights under this Agreement in any intellectual property, including, without limitation, any intellectual property with respect to the Special Links, link formats, technical specifications, guidelines or graphical artwork referenced above, or with respect to the
Spicesafari.com domain names. You also acknowledge that we (and our corporate affiliates) may crawl or otherwise monitor your site for the purpose of ensuring the quality and reliability of Special Links on your site (for example, to detect links that are broken or non-functional, links to products that are out of stock or otherwise unavailable, etc.). Therefore, you agree that we and our corporate affiliates may take such actions and that you will not seek to block or otherwise interfere with such crawling or monitoring (and that we and our corporate affiliates may use technical means to overcome any methods used on your site to block or interfere with such crawling or monitoring). You also acknowledge that as a participant in the Program, we may from time to time send you email updates about the Program. By participating in the Program, you consent to our sending you these email updates. Further, you acknowledge and agree that you will: (a) not, in connection with this Agreement, display or reference on your site, any trademark or logo of any third party seller on the Spicesafari Site; (b) ensure that any "Privacy Information" link or Spicesafari trademark (either in logo or text form) that we include in a Special Link is not obscured or altered in any way or made invisible, illegible or indecipherable to visitors of your site; (c) use any data, images, text, or other information obtained by you from us or the Spicesafari Site in connection with this Agreement ("Content") only in a lawful manner and only in accordance with the terms of this Agreement; (d) not use any Content relating to any Excluded Merchant or any product sold by any Excluded Merchant; (e) not modify or alter any Content that consists of a graphic image, other than to resize it; (f) not edit any Content that consists of text, other than to shorten its length; (g) not sell, redistribute, sublicense or transfer any Content; (h) not use any Content in a manner intended to send sales to any site other than the Spicesafari Site; (i) promptly delete any Content that is no longer displayed on the Spicesafari Site or that we notify you is no longer available for your use and (j) not use any Content, including any name or likeness embodied therein, in a manner (e.g., a closely proximate placement to unrelated third party materials) that implies a person's or company's endorsement or sponsorship of, or commercial tie-in or other association with, any product, service, party or cause.
We will process Product orders placed by customers who follow Special Links from your site to the Spicesafari 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 fulfilment. 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 Spicesafari 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 are not required to share the customer information of customers who have registered on our site through your portal/ links. This data will remain the property of spicesafari.com.
We will pay you (in accordance with Sections 5 and 6 below) referral fees on certain Product sales to third parties. (Refer Annexure 01 for referral fee) 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 Spicesafari 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 Spicesafari Site and ends upon the first to occur of the following events:
24 hours elapse from the customer's initial click-through, or
the customer places an order for a Product, or
the customer follows a third party link to the Spicesafari Site that is appended with a different affiliate's tag, or
The customer follows a link to the Spicesafari Site that is appended with Spicesafari'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 Spicesafari 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 Spicesafari 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 re-entered the Spicesafari 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 Spicesafari Site. In addition, we will not pay referral fees for any purchases made by customers referred to us through Special Links generated or displayed in response to general Internet search queries or keywords. For avoidance of doubt searches of product databases that include Spicesafari Products, such as shopping comparison engines, are still eligible for referral fees. In addition, you may not:
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 Spicesafari Site;
make any orders or subscription requests, or engage in other transactions of any kind on the Spicesafari 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 Spicesafari Site or otherwise around or in conjunction with the display of the Spicesafari 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 Spicesafari Site (as determined by us) for the purpose of exceeding any referral fee threshold or by causing any page of the Spicesafari 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
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 Schedule
During each calendar month, for Qualifying Products sold during sessions initiated through Special Links on your site, you will earn (subject to the other terms of this Agreement) referral fees in accordance with the "Fee Structure" described below. Fee Structure: Subject to the other terms of this Agreement, you will earn a percentage of Qualifying Revenues (revenues derived by us from customers as a result of sales of Qualifying Product units sold during sessions initiated through Special Links on your site, excluding costs for shipping, handling, gift-wrapping, all discounts, taxes separately stated and charged to the customer, service charges, rebates, credit card processing fees, returns and bad debt) set forth in the table below that corresponds to the number of such Qualifying Product units sold during sessions initiated through Special Links on your site.
Referral Fee Payment
We will pay you referral fees on a monthly basis for Qualifying Products shipped in the applicable month. Approximately 45 days following the end of each calendar month, based on the payment mode/ option selected by you in your Affiliate Account, we will either:
send you payments via Electronic Funds Transfer (EFT) for the referral fees earned; or
send you a gift card good for purchase of Products through the Spicesafari.com site, subject to
our standard terms or conditions.
If you select payment via Spicesafari.com site gift card, we will accrue and withhold referral fees until the total amount due is at least INR 250. If you select payment via cheque, we will accrue and withhold referral fees until the total amount due is at least INR 1,000 (subject to all the necessary
documents having been submitted by the affiliate to Spicesafari for processing payments through EFT)
Documents required for EFT payments are as follows:
Scanned Copy of cancelled cheque (same Bank details as mentioned in the Affiliate Account). In case you do not have a cheque, you can send us the scanned copy of the first page of your passbook. However, the IFSC code and the Bank account number should be clearly mentioned on it.
Scanned Copy of your/ company PAN card (same name with which you have registered for the Affiliate Account)
Completed vendor creation form.
Important: Please mention the same email ID in the form with which you are registered for the
Also, if you have registered as an 'Organisation' in the affiliate account, the following 2 additional documents are required:
Scanned Copy of your Incorporation Certificate (same company name with which you have registered for the Affiliate Account)
Scanned Copy of your Service Tax Registration Certificate (same company name with which you have registered for the Affiliate Account)
Please ensure that all details match with the details mentioned in your Affiliate Account. Document required for Gift Voucher payments are as follows: Scanned Copy of your/ company PAN card (same name with which you have registered for the Affiliate Account).
Please note that the referral fees will be processed as per the payment mode selected by you in your affiliate account ('My Account' section) as on the 1st of every month. In case you change your payment mode after the 1st of the month, the new payment mode will be applicable from next month's payment cycle.
The referral fee payable to you is inclusive of all taxes including service tax or other tax or levy that you may be required to remit in connection with such services. If required by applicable Indian tax law, we may deduct or withhold income taxes from the referral fees payable to you. If you are an Indian resident, your referral fees payable to you will be subject to a 10% income tax (TDS) withholding subject to providing the PAN; and in case if there is no PAN, referral fees would be subject to a 20% income tax (TDS) withholding. If you are not an Indian resident or have not provided us your PAN (Permanent Account Number), the rate of income tax withholding applicable to you will vary and income tax would be withheld from the referral fees accrued to you on the basis of documents submitted by you which are required as per the provisions of Income Tax of India. If
we deduct or withhold income taxes from referral fees payable to you, we will issue to you the relevant withholding tax certificate evidencing deposit of the taxes with the relevant regulatory authorities. If you provide us with a nil or reduced withholding tax certificate, we will apply such nil or reduced tax rate as the applicable withholding tax rate on referral fees payable to you. You hereby agree that you will not pursue any claim against Spicesafari or any of its affiliates, and hereby waive all such claims you may now or in the future have, in respect of any income taxes Spicesafari deposits with a relevant taxing authority pursuant to the this Operating Agreement.
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 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).
We grant you a nonexclusive, revocable right to use the graphic image and text described in Section 8 and such other text or images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating Product sales. You may not use such image or text in an offline promotion or other offline manner (e.g., in any printed material, mailing or other document). You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow our Trademark Guidelines, as those guidelines may change from time to time. We may revoke your license at any time by giving you written notice.
10. 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 Spicesafari Site catalogue
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 libellous 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.
You will have access to our technology backend on need basis and for the purpose of any interface we may share any code developed by us. This will not be shared with any other person. This will also not be used you or any of your related party besides the purpose of interface with spicesafari.com.
11. 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 Spicesafari 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 cancelled 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 Spicesafari site as detailed in clause 12 herein above 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.
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 Spicesafari 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 spicesafari 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.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness,
merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Spicesafari Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
17. Independent Investigation
You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
Any dispute relating in any way to the Program or this Agreement in which the aggregate total claim for relief sought on behalf of one or more parties exceeds INR1,00,000 will be adjudicated in any state or federal court in Bangalore, Karnataka, and you hereby consent to exclusive jurisdiction and venue in those courts. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.
This Agreement will be governed by the laws of the Indian Republic and the state of Karnataka, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
Current referral fee is flat 10% across all product categories. This fee is valid for 6 months from the date of commencement of contract. It will be revisited and revised on mutual understanding.
Comments or Questions
If you have any questions, comments or concerns arising from the website or any other relevant terms and conditions, policies and notices contact us at info@Spicesafari.com