TERMS OF SERVICE

This Agreement contains the complete terms and conditions that apply to your participation as an affiliate in the www.shankari.com Affiliate Program. By clicking on the Submit button you are stating that you have read and understood the Terms of the Affiliate Program herein, and agree to be legally bound by these terms.

1. ENROLLMENT IN THE PROGRAM
To begin the enrollment process, you will submit a completed Shankari Jewelry Circle Affiliate Program registration form from website www.shankariinternational.com. We will evaluate your website and will notify you of your acceptance or rejection. Upon approval, the signup bonus will be added to your account. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for our Affiliate Program for any reason including, but not limited to, violence promoted at your site, sexually explicit materials, discrimination based on race, sex, religion, nationally, disability, age, sexual orientation, promote illegal activities, or incorporates materials that infringe or assist others to infringe on copyright, trademark or other intellectual property rights.

All affiliate membership is subject to prior approval. www.shankari.com reserves the right to refuse service to any new or existing affiliate, in its sole discretion, with our without cause. www.shankari.com reserves the right to refuse to do business with anyone, at any time, for any reason. www.shankari.com reserves the right, without liability, to reject, omit or exclude any affiliate, webmaster or website for any reason at any time, with or without notice and regardless of any previous conditions.

If we reject your application, you may reapply to our Affiliate Program at any time. Also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for our Affiliate Program, we may terminate this Agreement.

By using The Shankari Jewelry Circle Affiliate Program, the You warrant that:

* You are 18 years of age and that there is no legal reason that the Affiliate cannot enter into a binding agreement.
* You are the owner or are licensed to use the entire contents contained on the approved website.
* the website and/or newsletter does not violate any law or regulation.
* the website and/or newsletter does not contain misrepresentation or content that is defamatory or violates any rights of privacy or publicity.
* the website and or/newsletter does not and will not infringe any copyright, trademark, patent or other proprietary right.
* You place our banners anywhere on your site or your social network website account as you see fit, or within non-spam emails and newsletters.
* NOT ALLOWED: All other uses of banners or links, such as newsgroups, chat rooms, message boards, banner networks, counters, or guestbooks etc. are NOT allowed.
* Failure to abide by these rules could mean termination from Affiliate Program.
* Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales or click-throughs using robots, scripts, or manually "refreshing" of pages, for the sole purpose of creating commissions.


2. ORDER PROCESSING AND REPORTING
Services contracted and products purchased by customers who follow links from your site to our site will be processed and tracked. We are responsible for order processing, fulfillment including, and product delivery. Every week www.shankari.com will send notification email about transaction made.


3. COMMISSION AMOUNT
The Affiliate Commission Amount is always a percentage of the final sale amount. The Commission Rate is subject to change at any time or from time to time, in our sole and absolute discretion. You will be notified of any change in the Commission Amount. Please visit http://www.shankariinternational.com/affiliate/affiliate_info.html for the current commission percentage.

Example for commission calculation:
Let us assume for illustration purpose, that the product price is $2000, commission percentage is 7% for the 1st tier and the transaction involves a unit purchase of the product.

Case-1: Sale does not include any promotions
Affiliate Commission amount will be 7% of $2000 = $140
 
Case-2: Sale includes a promotional offer of 10% discount on product price
Offer discount = 10% of $2000 = $200
Final sale amount = $2000 - $20 = $1800
Affiliate Commission amount will be 7% of $1800 = $126

Case-3: Sale includes additional purchases worth $500
Final sale amount = $2000 + $500 = $2500
Affiliate Commission amount will be 7% of $2500 = $175

Case-4: Sale made by your 1st tier
Your 1st tier makes a sale, he/she will earn 7% of $2000 = $140
Your Affiliate Commission amount will be 3% of $2000 = $60

Case-5: Sale made by your 2nd tier
Your 2nd tier makes a sale, he/she will earn 7% of $2000 = $140
Your 1st tier's Affiliate Commission amount will be 3% of $2000 = $60
Your Affiliate Commission amount will be 1% of $2000 = $20


4. COMMISSION PAYMENT
You will receive a commission for sending www.shankari.com authorized sales via your links. Money credited to Your account does not accrue interest. You are responsible for determining if the payout for a link You have placed on Your site has changed or been discontinued.

a. A sale is counted for an affiliate payout, only when a customer clicks on an affiliate referral link, completes the product purchase and stays with us for 30 days. The affiliate will not be paid, if the transaction amount was refunded to the customer for any reason.

b. At this time, we support all commission payouts via PayPal only. It is assumed that you agree to receive commission payouts via PayPal. Subsequent to signup, you are requested to edit your account with your paypal email address, so that we can pay the affiliate commissions payments to you. You may signup for a free paypal account in http://www.paypal.com as notified in your approval email, if you do not have one already.

c. Affiliates must generate a balance of $100 or more before the affiliate payments will be made. Any and all paypal transfer fees will be deducted from the amount transfered to the affiliate.
 
d. Commissions will be paid out approximately on 15th of every calendar month. If you are not due the minimum payout amount on a given payout date your commissions will accumulate until the next soonest payout date by which you have accumulated the minimum payout amount.

e. Net Sales will be reduced for amounts due to credit card fraud, bad debts, cancellations and credits. A commission will only be paid if the visitor to our site is tracked by the system from the time of the link to the time of the sale. No commission will be paid if the visitor to our site cannot be tracked by our system.

f. The cookie will reside on your customer's computer for 30 days unless it is deleted explicitly. 

g. The affiliate agrees to account termination if he/she does not generate at least 1 sale through referals for 1 year from the date of signup.  

h. Additional performance bonuses may also be given to high performing affiliates from time to time.


5. POLICIES AND PRICING
Customers who buy products and services through our Affiliate Program will be deemed to be customers of www.shankari.com. Accordingly, all www.shankari.com rules, policies, and operating procedures concerning 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 and services sold under our Affiliate Program in accordance with our own pricing policies.


6. LIMITED LICENSE
We grant you a non-exclusive, revocable right to use the graphic image and text and such other images for which we grant express permission, solely for the purpose of identifying your site as a www.shankari.com or Shankari Jewelry Circle Program participant and to assist in generating product and service sales. 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. We may revoke your license at any time by giving you written notice.


7. 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. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You hereby represent and warrant to us that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example - but not limited to, copyrights, trademarks, privacy, or other personal or proprietary rights), and that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law. 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.


8. TERM OF THE AGREEMENT
The term of this Agreement will begin upon our acceptance of your Shankari Jewelry Circle Affiliate Program registration 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. Notice by e-mail, to your address on our records, is considered sufficient notice for to terminate this Agreement. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all banners and www.shankari.com trademarks, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with our Affiliate Program. You are only eligible to earn referral fees on sales of our services and products (as per schedule) occurring during the term, and commissions earned through the date of termination will remain payable only if the related services are completed and paid in full. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.


9. MODIFICATION
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our Website or by e-mail to your address in our records. Modifications may include, but not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in our Affiliate Program, following our posting of a change notice or new agreement on our Website, will constitute binding acceptance of the change.


10. RELATIONSHIP OF PARTIES
You and www.shankari.com 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 Website or otherwise, that reasonably would contradict anything in this Section.


11. 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 our Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and our Affiliate Program will not exceed the total referral fees paid or payable to you under this Agreement.


12. DISCLAIMERS
We make no express or implied warranties or representations with respect to our Affiliate Program or any products sold through our Affiliate 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 our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.


13. INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless www.shankari.com, its members, managers, shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, losses, liabilities, damages or expenses (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of, are related to, or are based on (i) any claim or threatened claim that our use of the Affiliate Program Trademarks infringes on the rights of any third party; (ii) the breach of any representation or warranty made by you herein; or (iii) or any claim related to your site.


14. SEVERABILITY
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.


15. PRIVACY POLICY
www.shankari.com respects the privacy of its users and promises not to disclose personal or business information to third parties without the express permission of You and Your company. We will not sell Your name, e-mail address, phone number, or any other personal information to anyone else. We consider this information to be private, and it will remain as such. If You have any questions about Your privacy rights, contact us at sjc@shankariinternational.com


16. MISCELLANEOUS
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 WEBSITE. 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