Swamonk EduCare Affiliate Program Terms of Service

Agreement

By signing up to be an Affiliate in the Swamonk EduCare Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Swamonk EduCare reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

Account Terms

  • You must be 18 years or older to be part of this Program.
  • You must be a resident and a citizen of India to be an Affiliate.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. Swamonk EduCare cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You may not use the Affiliate Program to earn money on your own Swamonk EduCare product accounts.

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We can provide you with guidelines, link styles, and graphical artwork to use in linking to Swamonk EduCare. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Swamonk EduCare. You must ensure that each of the links between your site and the Swamonk properly utilizes such special link formats. Links to the Swamonk EduCare 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 sales on a Swamonk EduCare product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, 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.

Affiliate links should point to the page of the product being promoted.

Referral fees/commissions and payment

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://www.swamonk.com and complete an order for a product during that session.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Identifying yourself as a Swamonk EduCare 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. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Swamonk EduCare 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).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Payment schedule

We follow a weekly payout cycle for normal commissions. However, in case of any dispute or pendency of any information from our Affiliate’s Referrer’s side, this time period can be stretched accordingly. 

Customer definition

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, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities

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)
– The accuracy, truth, 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
– Ensuring that your site accurately and adequately discloses, 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 advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

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 (Central, State or otherwise) that govern marketing email, including without limitation, the Information Technology Act and other applicable acts, rules and regulations.

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 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 https://www.swamonk.com, 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. Swamonk EduCare reserves the right to end the Program at any time. Upon program termination, Swamonk EduCare will pay any outstanding earnings accrued above Rs 1000/-.

Termination

Swamonk EduCare, 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 Swamonk EduCare service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Swamonk EduCare reserves the right to refuse service to anyone for any reason at any time.

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 Section.

Limitations 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 payable to you under this Agreement.

Disclaimers

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, noninfringement, 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 Swamonk EduCare will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

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 websites 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.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach thereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing in India. 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. All of the disputes shall be subject to the jurisdiction of Faridabad Court.

Miscellaneous

This Agreement will be governed by the laws of India, 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.

The failure of Swamonk EduCare to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Swamonk EduCare and govern your use of the Service, superseding any prior agreements between you and Swamonk EduCare (including, but not limited to, any prior versions of the Terms of Service).

Become our Affiliate Partner

Join us as an Affiliate Partner and share equal revenue with us. You will earn a flat 50% for each successful sales plus additional bonus thereon. Your referred customer (i.e. referee) will also get an instant discount of 50% in addition to 10% cashback:

Key Features:

  • You will receive 50% for each successful referral. (Successful referrals mean when your referee shops for any of our paid course/product).
  • No minimum spending amount for the referees for your affiliate earnings.
  • Additional 5% bonus (of the total purchase price paid by the referees excluding tax amounts) on achieving the milestones in the multiples of 5.
  • The referee will get 60% off (i.e. Flat 50% Discount Coupon Code along with 10% cashback in their wallet of the first purchase value).
  • Your referee can be an existing or a new customer of Swamonk EduCare.
  • You will earn your affiliate commission even if your referee shops for any of the course/product available on our website (except for those courses/products which are unless and until specifically excluded).

How does it work?

  1. Apply at https://www.swamonk.com/affiliate-home/
  2. If we find you eligible your affiliate account will be activated within the next 24 hours (to the max.).
  3. Share your unique affiliate link with your friends along with your unique coupon code.
  4. Your friend needs to use your unique link as-well-as your unique coupon code in the “Apply Coupon Code” section at the time of purchase to make you eligible for the affiliate commission.

Payouts:

  1. Once your successful referral is verified, you should receive your affiliate payouts within 4-7 days of your eligibility.

General Terms & Conditions:

  • No affiliate commission is available on own purchases.
  • No affiliate commission on cancelled/refunded/null orders.
  • In case the referee has been referred by more than one affiliates/referrer in that case only that referrer will be entitled to the affiliate/referral commission whose code and the unique link has been used.
  • In case of any transactions deemed fraudulent by our affiliate management system, Swamonk EduCare reserves the right to cancel the affiliate payout.
  • Swamonk EduCare reserves the right to modify or terminate the affiliate program, at any time based on its sole discretion.
  • Email confirmation received when your link is used for the shopping on our Website is just an initial and unverified confirmation. It shouldn’t be considered as a final confirmation until you receive a formal validation email from our side.
  • Your affiliate account reflects only eligible referrals but the same is ultimately subject to validation and verification by our affiliate management system. The decision of our affiliate management system i.e. Swamonk EduCare’s shall be final and override your affiliate account.
  • There will be no affiliate commission on the purchase of gift cards even if the same reflects in your Affiliate Account but the claim for the same shall be rejected by our affiliate management system subsequently.
  • Kindly refer the detailed terms and conditions here.

Terms and Conditions

This affiliate program applies to users who are participating in Swamonk EduCare’s Affiliate Program (the “Affiliate Program”). Your participation in the Affiliate Program is deemed if:

(a) you share your unique Affiliate coupon code and your unique affiliate link with others by any means. By participating in this Affiliate Program, you acknowledge and agree to be bound by all of the terms and conditions of our Affiliate Program’s Policy, which are in addition to and subject to Swamonk’s “Terms of use” available on the Platform.  If you do not agree to this Policy, please do not participate in the Affiliate Program.  Swamonk EduCare reserves the right to modify or terminate or revoke the Affiliate Program, in whole or in part, at any time and in any manner (including retrospective withdrawal to fix any clerical or any other error/misuse).

1. Definitions

“Affiliate” any individual or any form of a business entity who is agreeing with our Affiliate Program policy and participating in our Affiliate Program.

“Referrer” means a user of Swamonk EduCare whether he is a customer of any of our product/course or not.

“Friend” means the individual being referred by a Referrer.

“Referee” means a friend or any person referred by the referrer or affiliate to shop any of the paid courses/products available at Swamonk EduCare.

“Affiliate Code” is the unique Coupon Code generated when the Referrer submits his own application or otherwise in a manner decided by Swamonk EduCare.

 2. Criteria

The Affiliate must share her/his unique Affiliate Code and unique affiliate link with the referee, the referee should use that unique link to shop her/his course/product and also apply affiliate’s unique coupon code in the “Apply Coupon Code” Section. Swamonk EduCare shall not accept the Affiliate Code any time after the application is made by the Friend. Additionally, the referee must pay the product/course amount for the referral to be considered complete.

3. Value & Disbursement of Reward

The amount of reward receivable is dependent on the status of the Affiliate at the time the referee uses the Affiliate Code and submits the application. Affiliate Commission shall only and only be paid in the case when the referee shops for any paid product/course and not in any other case whatsoever.

4. Other points to be noted

Swamonk EduCare reserves the right to ask for your KYC, TDS or other tax details to comply with any of the applicable law/statues.

A user can either claim the benefits under the Affiliate Program or Referral Program. Benefits of both of the programs cannot be claimed simultaneously.

The benefits of this policy cannot be clubbed with any other benefit. For further clarity, please check with your support team at [email protected]

For the payouts through bank transfer, a bank transfer may take 3 banking days from the date of receipt of the referral form duly filled with all the bank details in the case.

Unless otherwise specified, there is no time limit or usage limit for the validity of any Affiliate Code, i.e., an affiliate code can be used any number of times.

The Affiliate Code usage shall be evaluated on a case to case basis by Swamonk EduCare and Swamonk EduCare holds the power to block the Affiliate Code if any misuse is suspected, at the sole discretion of Swamonk EduCare. The decision of Swamonk EduCare will be final in this case.

Swamonk EduCare reserves the right to suspend any of the affiliate’s account on observing any of the cases of fraudulent / misuses / false promises to the customers or receiving any complaint or suo moto.

Source of the referee: There will be a check of the source of the referee and of whether the Affiliate used any marketing channel or through Affiliate herself/himself. The misuse of the code through any social media channels will cause Swamonk EduCare to block your Affiliate code. Our Finance team may contact you for clarification. All disputes shall be subjected to the jurisdiction of Faridabad District Court.