In order to participate in the nopAccelerate Affiliate Program it is compulsory to agree the following terms and conditions, meaning that you understand and accept all the terms of nopAccelerate Affiliate Program. The terms and conditions contained by this program may modify at any time by posting a modification note or a new program on nopAccelerate site.

1. DEFINITIONS

1.1 Unless otherwise required or expressly stipulated, the following expressions will have the following meanings:

“nopAccelerate” means nopAccelerate.com

“nopAccelerate Site” means the website (nopAccelerate.com & Xcellence-it.com)

“Product” means any software or digital products e-traded through nopAccelerate site

“Client” means any person or business company purchasing software products through the nopAccelerate site or its partner sites, which is used to facilitate the purchase

“Affiliate” means any person or business company who understands and approves to have read and fully agrees with the terms and conditions mentioned below and it is shown on the nopAccelerate Affiliate Program as Affiliate

“Affiliated site” means the internet site of the Affiliate as it is shown on the nopAccelerate Affiliate Program

“Link” means the internet URL generated only through the nopAccelerate platform in the Affiliate Account that will connect the description on the Affiliate site to the corresponding product on the nopAccelerate site

“Chargeback” means an amount of money:

• Which has been deemed to have been refunded by or returned by nopAccelerate to a Client based on a Link which has been voided, retracted, subject to returns;
• Been reversed due to fraud, or otherwise rescinded for any reason;
• Which has been retrieved from, reserved against and/or charged against nopAccelerate accounts under any terms of government actions.

2. SUBJECT MATTER OF THE PROGRAM

2.1 The nopAccelerate Affiliate Program is a special marketing program that facilitates the Affiliates to participate for promoting the nopAccelerate products.

2.2 In order to join the nopAccelerate Affiliate Program, the Affiliate must meet and fulfill the following stages:

2.2.1 Applying to become An Affiliate

The Affiliate must fill the application form accessible on the nopAccelerate Site and accept the conditions of nopAccelerate Affiliate Program available at nopAccelerate.com/affiliate-terms. At the reception of the application nopAccelerate will analyze the application, allocate an ID to the Affiliate (Unique Identification ID/Number in the NopAccelerate Affiliate Program) and shall communicate to the Affiliate via e-mail.

2.2.2 The approval

Only after the Affiliate’s registration for nopAccelerate Affiliate Program is approved, then the Affiliate may promote on his site (Affiliate Site), the products listed on www.nopAccelerate.com and has the right to receive the related commission. The Affiliate shall promote the products only by use and maintenance of links provided to him by nopAccelerate.

2.3 nopAccelerate reserves the right to reject or cancel Affiliate for any/no reason. As an example, nopAccelerate shall reject or cancel the Affiliate account should it is established that the Affiliate site is not compatible with the nopAccelerate Affiliates Program or nopAccelerate Policy, including:

• Promotes material with explicit sexual content.
• Promotes violence.
• Promotes race, sex, gender, religion, nationality, physical disability, sexual orientation or age discrimination.
• Promotes illegal activities.
• Contains materials infringing or supporting third parties to infringe copyrights, mark or other forms of intellectual property or the applicable laws.
• Includes “nopAccelerate” or their derivations or typing errors in the domain name.
• Is in any way illegal, damaging, libelous, obscene, aggressive, racist or not corresponding to our principles.

2.4 In case the application of the Affiliate is accepted and the Affiliate site is subsequently declared as unacceptable for the nopAccelerate Affiliate Program, nopAccelerate reserves the right to cancel the participation of the site in the Affiliate Program. The Affiliates that have been rejected from the Affiliate Program subsequent to their subscription are forbidden to return with an application for the admission in the Affiliate Program.

2.5 On the Affiliate site can be posted a short description or other references, as well as images, graphic representations or texts for promotion of the nopAccelerate’s products. The Affiliate shall be solely liable for the content, appearance or placement of this information. The Affiliate shall display on his site the Link provided by the nopAccelerate site. The Affiliates are not allowed to use automatic techniques to obtain these links. The Affiliate trying to use such techniques shall be rejected from the nopAccelerate Affiliate Program and any of his commissions cancelled. Only the links provided by nopAccelerate in the Affiliate account can be used for promoting the Items approved on the nopAccelerate site.

2.6 The Affiliate is the only one liable for the development, operation and maintenance of his site and also for any material appearing on this site. nopAccelerate declines any responsibility in connection with the use of any materials other than those provided by nopAccelerate.

2.7 The Affiliate cannot make any official report or public comment in connection with this nopAccelerate Affiliate Program or with his participation to the nopAccelerate Affiliate Program, without prior written consent from nopAccelerate. The Affiliate can send an e-mail to [email protected] in order to get a written consent.

2.8 IT IS FORBIDDEN for the Affiliate to:

• Use non-requested email (spam), pop-ups, pop-under, exit pages as well as any other techniques obviously or secretly driving Clients to the nopAccelerate site.
• Replace, intercept, interfere with, hinder, disrupt or otherwise alter a Client access, view or usage of Affiliate site, a Link or a  web site, including without limitation any click-through or track-based transaction.
• Advertise the nopAccelerate products or services employing cookie stuffing techniques including, but not limited to, pop-ups, frames, images, JavaScript or style-sheets.
• Place Links in any manner which may (intentionally or unintentionally) mislead any Client.
• Cause any use of a Link in bad faith or through fraudulent means, including, but not limited to, using any device, program, robot, inline frames, hidden frames, or redirects.
• Use automatic redirection to nopAccelerate site or any automatically method for saving a cookie of an Affiliate.
• Use outbound / unsolicited calling techniques, can only promote / sell services through inbound calls.
• Promote services through scare-ware sales tactics.

3. COMMISSIONS AND PAYMENT METHODS

3.1 Once a client accesses the nopAccelerate platform on the basis of a link on the Affiliate site containing the Affiliate ID/ Number, NopAccelerate preserves the respective Affiliate ID/Number for a variable period of time, between 30 and 90 calendar days. Should the client complete an order within this period, nopAccelerate shall register the related commission in the Affiliate’s account. In order to generate a commission, it is necessary that the Client follows the Link from the Affiliate Site, places an order and pays for the order made in full. Only orders which are completed and fully paid are eligible to generate a commission.

3.2 nopAccelerate shall fulfill the orders placed by clients having followed the links from the Affiliate site. nopAccelerate reserves the right to reject orders for any/no reason.

3.3 The value of the commission is variable depending on the promoted Items. The value of the commission shall be applied to the total net value of the order sold through the NopAccelerate site without VAT or/and other taxes included.

3.4 nopAccelerate shall pay the commission to the Affiliate in 30 days from the end of the reporting period for which the commission is due, by bank transfer or by any other means agreed, with the minimum outstanding payment not less than or equal to 100 US Dollars after converting to Indian Rupees, outstanding payment less than 100 US Dollars after converting to Indian Rupees, will be carried forward in the next scheduled payment.

3.5 The commission is paid by nopAccelerate in order to satisfy payment obligations to the Affiliate.

• Should an order that had generated a commission for the Affiliate have a Chargeback, this commission shall be deducted from the commission that was not paid by nopAccelerate or in case nopAccelerate already paid the commission to the Affiliate the Chargeback will be deducted from the following commission owed by the Affiliate. The Affiliate will remain responsible to nopAccelerate for any negative balances which arise out of any Chargeback and will have to pay nopAccelerate the value of the negative balance in maximum 60 days from the due date of negative balance.
• The clients that buy products through this nopAccelerate Affiliate Program become nopAccelerate’s clients and consequently any terms and conditions applied shall be imposed to such clients.
• The value of the commission granted to the Affiliate is confidential, and the infringement of this obligation by the Affiliate may lead to cancellation or compensations according to damage.

4. FINAL PROVISIONS

4.1 The Affiliate agrees to have analyzed and approved this affiliate program and that nopAccelerate offers no guarantee of any kind. The parties agree that this Program shall be approved by the Affiliate on-line on the nopAccelerate site together with his registration in the Affiliate Program.

4.2 nopAccelerate holds the legal right regarding the “nopAccelerate Site” and the present nopAccelerate Affiliate Program.

4.3 The participation of an Affiliate on the nopAccelerate Affiliate Program may be terminated

• Without any reason by nopAccelerate with a written notification send by e-mail with at least 1 day notice.
• Due to one or more serious violations of our policies. The most common cause for this is that some of the transactions made through your links might involve fraudulent activity.

As a result, we will not accept any affiliate applications from you in the future and we will also disable any accounts you have open with us. If you had any unpaid affiliate commissions, they will be postponed or removed until further notice.

4.4 Governing Law and Jurisdiction

This Agreement will be governed by and construed in accordance with the laws of India.

Any party bringing a legal action or proceeding against the other party arising out of or relating to this Agreement or the transactions it contemplates shall bring the legal action or proceeding in Surat, India. Each party consents to the exclusive jurisdiction of such courts in any such action or proceeding.

If any current or future provision of this agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this agreement will not be affected.

For further Information about our Affiliate program term & conditions or products, contact us at:

Address: Xcellence-IT, 220, Near 21st Century Building, Singapuri Wadi, Ring Road, Surat 395002 INDIA

E-mail: [email protected]

Web: http://www.xcellence-it.com