DeskAway Affiliate Program Agreement

This Agreement contains the complete terms and conditions that apply to your participation in our Affiliate Program. As used in this Agreement, "we" or "us" refer to Synage Software Pvt. Ltd. and "you" refers to the applicant.

By signing up for the Affiliate Program ("Program"), you are agreeing to the terms specified in this agreement. Violation of any terms and conditions included in this agreement may result in termination of your account, and possible forfeit of affiliate revenue. You must be 18 years of age or older to enter into this Agreement with us.

By registering, accessing or using any services developed, operated, maintained or hosted by us including all websites and IP addresses available at and configured for use at http://www.synage.com or http://www.deskaway.com, you agree to be bound to the following terms and conditions ("Terms of Service.").

Synage Software Pvt. Ltd. reserves the right to accept or reject any company requesting to be part of our Affiliate Program.


Background

Synage Software Pvt. Ltd. operates a web-based collaboration service called DeskAway ("DeskAway"). More information is available at www.deskaway.com

Enrollment in the Program

To begin the enrollment process, you will submit a complete Affiliate application via our website at www.deskaway.com/affiliates/. We may reject your application if we determine (in our sole discretion) that your application is unsuitable for the Program.

Acceptable Advertising Methods

As an affiliate, you earn revenue by generating sales of our software. You generate these sales by encouraging your customers to visit our site and signup for a paid plan. You may advertise DeskAway via: Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Link and Affiliate #. You are permitted to place links, banners, or other graphics we provide with your Affiliate Link on your site, in your emails, or in other communications. You can also put your Affiliate # in the "How did you hear about us" form field on the Sign up form at signup.deskaway.com/account/signup.php. We will provide you with guidelines and promotional materials. You will earn referral fees only with respect to sign-ups on DeskAway product site occurring directly through the Affiliate Link or through the "How did you hear about us" form field on the signup form; we will not be liable to you with respect to any failure by you or someone you refer to use Affiliate Links or incorrectly type your Affiliate #. Further, Affiliates will not remove or modify any trademark, service mark, or privacy policy notices from the Advertising. If you have any questions about whether a method of advertising is allowed, please contact us at .

Use of Materials

We grant you permission to use the graphic images and text solely for the purpose of identifying your site as an Affiliate participant and to assist in generating sales. We reserve all rights to any graphic image and text, or any other images, our trade name and trademark. All DeskAway links, images and logos are property of Synage Software Pvt. Ltd.

Commissions

For a Product sale to be eligible to earn a referral fee, the customer must click-through the Affiliate Link from your site, email, or other communications to the DeskAway Product Site or enter your Affiliate # in the "How did you hear about us" form field on the signup form (located at signup.deskaway.com/account/signup.php) and sign up for the product. We may place a cookie on the visitor's browser.

We will only pay commissions on orders that are placed and have come from clicking on the affiliate link or code provided to you by us.

Commissions will only be paid after an order is fully processed and paid. You will earn 20% on all referral sales of the total qualifying revenue.

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

Payments

Commissions are paid by Paypal. You are required to have a Paypal account to receive commissions. We do not debit credit cards or send cash.

Non-Qualified Orders

Orders declined, or charged-back due to credit card fraud doesn't qualify for commission.

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. 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 Synage Software Pvt. Ltd., 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 this program 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.

Nothing in this agreement shall prevent the Company from entering in agreement with other parties on different terms from this agreement.

Order Processing, Policies and Pricing

We will be responsible for all aspects of order processing and fulfillment. We reserve the right to reject any order that does not comply with our requirements. Customers who purchase products through this Program will be deemed to be customers of Synage Software Pvt. Ltd. All rules, policies, customer service and product sales will apply to those customers. Customers will be bound by the Terms of Service Agreement located at http://www.deskaway.com/terms/index.php. We may change our policies, procedures and pricing plans at anytime.

Modification

We may modify any of the terms and conditions of this Agreement, at any time by providing you a written change notice or new agreement. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following our provision of a change or new Agreement will constitute acceptance of the change.

Term of the Agreement

Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. If this Agreement is terminated, you will immediately cease use of, and remove from your site, all links to our site, and all of DeskAway.com trademarks, trade dress, logos, and all other materials provided by or on behalf of us to you in connection with the Program. All commissions earned through the date of termination will remain payable only if the related orders are not cancelled or returned. Synage Software Pvt. Ltd. Reserves the right to end the Program at anytime.

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. Furthermore, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or 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, no 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 our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. Neither party shall be liable to fulfill its obligations hereunder, or for delays in performance, due to causes beyond its reasonable control, including, but not limited to, acts of God, acts or omissions of civil or military authority, fires, strikes, floods, epidemics, riots or acts of war.

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.

Miscellaneous

This Agreement will be governed by the laws of India and the State of Maharashtra, India. Any action relating to this Agreement must be brought in the courts located in Mumbai, India, and you consent irrevocably to the jurisdiction of such courts. 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.

If you have any questions regarding this Agreement or if you wish to discuss the terms and conditions contained herein please contact Synage Software Pvt. Ltd. at
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