Disclaimer

Operating Agreement

This Agreement contains the complete terms and conditions that apply to an individual’s or entity’s participation in the Indigo Affiliates Program (the “Program“). As used in this Agreement, “we“, “us“, or “our” means Indigo Internet Private Limited or any of our affiliate; parent; or group companies and our successors and assigns, as the case may be, and “you” means the applicant. Indigo Sitemeans, collectively, the indigoas.com.au website. “Your site” means your website where you will link to the Indigo 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.

1.Enrollment in the Program

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 Indigo 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:

  • Advertise affiliate links through pop-up windows / pop-unders
  • Advertise affiliate links as a cashback offer
  • Advertise misleading/wrong offers/deals running on Indigo
  • 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
  • Use affiliate links in HTML emailers, newsletters or any other form of bulk emails
  • Use affiliate links on illegal audio/video download sites
  • Promote pornography and sexually explicit materials
  • Promote violence
  • Promote illegal activities

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 Indigo 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

Further, by participating in the Program you agree that you have read and understood the contents of Indigo Terms of the said Terms of Use shall be read as part and parcel of the Agreement, wherever applicable and be binding upon you.

3.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 Indigo 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 Indigo 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 Indigo Site that is appended with a different affiliate’s tag,
  4. The customer follows a link to the Indigo Site that is appended with Indigo email campaign tag

5.Referral Fee Schedule

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.

6.Referral Fee Payment

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:

  1. send you payments via Electronic Funds Transfer (EFT) for the referral fees earned; or
  2. send you a gift card good for purchase of Products through the indigoas.com.au  site, subject to our standard terms or conditions.
  3. Completed vendor creation form. Its mandatory to fill all the details for cells marked in yellow.
  4. Scanned Copy of your Incorporation Certificate (same company name with which you have registered for the Affiliate Account)

Please note that the referral fees will be processed as per the payment mode selected by you in your affiliate account (‘My Account’ section) as on the 1st of every month. In case you change your payment mode after the 1st of the month, the new payment mode will be applicable from next month’s payment cycle.

6.Identifying Yourself as an 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. You may not in any manner misrepresent or embellish the relationship between us and you, 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).

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. 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)
  • Creating and posting Product descriptions on your site and linking those descriptions to the Indigo Site catalog
  • The accuracy 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 are not libelous or otherwise illegal
  • 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. We also advise you to strictly abide by the terms narrated in Clause 1 above of this terms and conditions and any non-observance of the terms therein shall determine our association with immediate effect.

8.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 (federal, state or otherwise) that govern marketing email and all other anti-spam laws.

9.Term of the Agreement

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 the Indigo Site, 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. You are eligible to earn referral fees only on sales of Qualifying Products that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Effect of Termination: Upon termination of this Agreement by either side you will cease to be an affiliate and shall remove all links to the Indigo site as detailed in clause 12 herein above and non-removal of links and use of all or any of our trademark, trade dress, logos and price are treated as illegal crawling and infringement of our Trademark.