This Agreement contains the complete terms and conditions that apply to an individual’s or entity’s participation in the Penta Orthodontics Affiliates Program (the “Program”). As used in this Agreement, “we”, “us”, or “our” means Penta Orthodontics or any of our affiliate; parent; or group companies and our successors and assigns, as the case may be, and “you” means the applicant. Penta OrthodonticsSite means, collectively, the Penta Orthodontics.com website. “Your site” means your website where you will link to the Penta Orthodontics 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.
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 Penta Orthodontics 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:
1) Advertise affiliate links through pop-up windows / pop-unders
2) Advertise affiliate links as a cashback offer
3) Advertise misleading/wrong offers/deals running on Penta Orthodontics
4) 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
5) Use affiliate links in HTML emailers, newsletters or any other form of bulk emails
6) Use affiliate links on illegal audio/video download sites
7) Promote affiliate link via use of paid ads on search engine result pages and social media websites by bidding on trademark of Penta Orthodontics.com or any variation or misspelling of any trademark of Penta Orthodontics.com
8) Promote pornography and sexually explicit materials
9) Promote violence
10) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
11) Promote illegal activities
12) Include any trademark of Penta Orthodontics.com, or its affiliates, or any variation or misspelling of any trademark of Deorcart.com, or its affiliates, in any domain name — for example, a domain name such as “Penta Orthodontics.mydomain.com”, “Penta Orthodontics.net”, “facebook.com/Penta Orthodontics,” would be unsuitable
13) Include any trademark of Penta Orthodontics.com, Inc. or its affiliates in any username, group name, or other identifier on any social networking website
14) Include any colour combination or layout similar or identical to Penta Orthodontics.com, with the intention to deceive
15) Use links or URLs which are not published by the Penta Orthodontics Site or by Penta Orthodontics Affiliate Program.
16) Add products directly to the customer’s cart using scripts or any tools.
17) Otherwise violate intellectual property rights.
Note: 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 Penta Orthodontics 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
With respect to our Mobile App install campaigns through Penta Orthodontics Affiliate Program, we do a rigorous data check using industry standard parameters for checking the authenticity & quality of app installs through your affiliate id to keep a check on fraudulent / low quality app installs happening through unethical means. Please note that we hold the right to check the quality of installs being served by our affiliates and the right to suspend/disable their affiliate account or withhold payments if we observe any fraudulent stuff happening through your affiliate id. Under such circumstances we hold the right to terminate/disable your affiliate account and/or withhold all pending affiliate commissions with immediate effect without any prior notice.
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 Penta Orthodontics.com. Participation in the Program is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to participate in the Program.
During the registration process on /affiliate/signup, 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 Penta Orthodontics Site. We record your traffic from these websites/blogs and hold the authority to withhold your payments/disable your account in case of:
1) Traffic coming from any website / blogs not mentioned by you in the “Affiliate Website Information” section
2) 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 Penta Orthodontics Terms of Use (http://www.Penta Orthodontics.com/s/terms) and contents of the said Terms of Use shall be read as part and parcel of the Agreement, wherever applicable and be binding upon you.
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 Penta Orthodontics Site, to provide on your site one or more of the following types of links to the Penta Orthodontics 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 Penta Orthodontics Site that is fulfilled by us or on our behalf, a Digital Product (defined below), or any product sold by a third party seller on the Penta Orthodontics Site. For each selected Product, you will display on your site a short description, review, or other reference. You will be responsible for the content, style, and placement of these references. You will provide a Special Link (as defined below) from each Product reference on your site to the corresponding Penta Orthodontics Site online catalog entry. Each such link will connect directly to a single item in our online catalog. 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 Penta Orthodontics Site from references to products on your site that are not “Products” as defined above.
You may provide a Penta Orthodontics Site search box on your site that will permit your site visitors to view Products that are the results of their search query within the Search Box link or view results that link directly to a page on the Penta OrthodonticsSite that contains the results of their search query. We will provide you with technical specifications describing how to include an Penta Orthodontics Site search box on your site.
You may provide a general link on your site to the home page of the Penta Orthodontics Site.
You may provide a link on your site that will link to a particular search result on the Penta Orthodontics Site, the parameters of which will be determined by you based on search generating alternatives we make available to you.
You may provide a link on your site that will link to any particular page on the Penta Orthodontics Site, provided that you properly use the special link formats provided on the Penta Orthodontics 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 Penta Orthodontics 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 Penta Orthodontics 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 Penta Orthodontics Site, and any Quick-Click link is deemed a link between your site and the Penta OrthodonticsSite). You must ensure that each of the links between your site and the Penta Orthodontics Site properly utilizes such special link formats. Links to the Penta Orthodontics 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 Penta Orthodontics 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 Penta Orthodontics 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 Penta Orthodontics.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 Penta Orthodontics Site; (b) ensure that any “Privacy Information” link or Penta Orthodontics 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 Penta Orthodontics 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 Penta Orthodontics Site; (i) promptly delete any Content that is no longer displayed on the Penta Orthodontics 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 Penta Orthodontics 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 Penta Orthodontics 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.
Referral Fees
We will pay you (in accordance with Sections 5 and 6 below) 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 Penta Orthodontics 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 Penta Orthodontics Site and ends upon the first to occur of the following events:
1) 24 hours elapse from the customer’s initial click-through, or
2) The customer places an order for a Product, or
3) The customer follows a third party link to the Penta Orthodontics Site that is appended with a different affiliate’s tag, or
4) The customer follows a link to the Penta Orthodontics Site that is appended with Penta Orthodontics 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 Penta Orthodontics 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 Penta Orthodontics 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 Penta Orthodontics 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 Penta Orthodontics 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, the Search Box Link, which searches the Penta Orthodontics Product catalog, or searches of product databases that include Penta Orthodontics 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:
1) 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 Penta Orthodontics Site (e.g., by implementing any “cashback” program for persons or entities who use Special Links on your site to access the Penta Orthodontics Site);
2) 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;
3) In any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the Penta Orthodontics Site;
4) Make any orders or subscription requests, or engage in other transactions of any kind on the Penta Orthodontics Site on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so;
5) 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;
6) Other than providing Special Links on your site in accordance with this Agreement, post or serve any advertisements or promotional content promoting the Penta Orthodontics Site or otherwise around or in conjunction with the display of the Penta Orthodontics 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;
7) 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 Penta Orthodontics Site (as determined by us) for the purpose of exceeding any referral fee threshold or by causing any page of the Penta Orthodontics Site to open in a customer’s browser other than as a result of the customer clicking on a Special Link on your site);
8) 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
9) Seek to purchase or register any keywords, search terms or other identifiers that include the words “Penta Orthodontics,” “Deorcare”, “Azure Dental Lab”, “Deoronline” or any other trademark of Azure Laboratories PVT LTD 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.
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, 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.
We will pay you referral fees on a monthly basis for Qualifying Products shipped in the applicable month. Approximately 60 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 Penta Orthodontics.com site, subject to our standard terms or conditions.
If you select payment via Penta Orthodontics.com site gift card, we will accrue and withhold referral fees.