Terms & Conditions

Standard Operating Agreement

This affiliate program has a standard operating agreement which contains terms and conditions between Bookswagon.com/S. R. Ecommerce Pvt. Ltd. and our affiliates. Here ‘our site’ would mean our bookswagon.com website and ‘your site’ would mean your website/blog which you will link to our site.

Our obligation to pay you the referral fee has been mentioned in section 4. The referral fee would be paid solely by us or we may allow any of our affiliates to pay you on our behalf.

1. Programme application and enrollment

Once your application is submitted in our affiliate section, our team would evaluate it and would notify you about the selection/rejection of your application. We have the sole discretion of rejecting unsuitable websites/blogs containing any of the following cases

Discrimination based on race, religion, gender, nationality, disability or sexual orientation
Violence or illegal activities
Pornography, nudity or any unacceptable material
Brand/Trademark of Bookswagon.com or any of our affiliates
Any color combination or design identical to our website
Brand/Trademark of Bookswagon.com or its affiliates on any social networking website
Violate intellectual property rights

You can reapply for our program keeping the above points in your mind, in case your application is rejected. Our affiliate program is limited to only those applicants who can lawfully enter into contract with us under the applicable law. Participation of minors are not allowed in our affiliate program.

You have to keep the above points to be our affiliate partner. Even after becoming our affiliate, if we find that your website is unsuitable and contains any of the unacceptable cases mentioned above, your application would be cancelled.

2. Links on Your Site

After the acceptance of your application, we will duly notify and grant you a worldwide, non-exclusive, royalty-free and revocable license for the duration of this agreement term. The license will be solely used for purposes of facilitating referrals from your site to the Bookswagon site, by providing on your site one or more of the following types of links to the Bookswagon site:

Product Links:

A ‘Product’ is any product listed on the Bookswagon site that is fulfilled by us, a digital product or any product sold by a third party seller on the Bookswagon site. You may select one or more products to be listed on your site using a variety of formats that we would make available to you - text link format, graphical link format, product preview link format or customisable widget format. For each selected product, you will display a short description, review, or any other reference on your site. You will be accountable for the content, style and placement of these references. You will provide a Special Link (as defined above) from each Product reference on your site to the corresponding online catalogue entry on the Bookswagon sie. Each such link will directly connect to a single item in our online catalogue. 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 Bookswagon site from references to Products on your site that are not products as we have defined above.

Search Box Link:

You may provide a Bookswagon site search box on your site that will permit the visitors on your site to view products as a result of their search query within the Search Box link or view results that link directly to a page on the Bookswagon site containing results of their search query. We will provide you technical specifications and would guide you on how to include a Bookswagon site search box on your site.

General Link to Bookswagon site Home Page:

You may provide a general link on your site to the Bookswagon site Home page.

Cart Link:

In union with the Product links on your site, you may provide a link which, when clicked, will allow visitors of your site to add products to their shopping cart. We will provide you with technical specifications and would give description on how to include the Cart Link on your site.

If you choose to provide a text-only Cart Link, you agree that the text of the link will read ‘Buy from Bookswagon.com’ and will include no other or different text unless otherwise specified by us.

If you choose to provide a graphical Cart Link, you agree that you will use the graphical artwork we serve, or otherwise will provide to you only to identify the Cart Link.

Search Results Link:

You may provide a link on your site that will link to a particular search result on the Bookswagon site, its parameters will be determined by you based on search generating alternatives we make available for you.

Any Page Link:

You may provide a link on your site that will link to any particular page on the Bookswagon site, provided that you properly use the special link formats provided on the Bookswagon site as part of the Affiliates Programme to create such a link.
The guidelines and graphical artwork to use in linking to the Bookswagon site Home page will be provided to you. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with a special ‘tagged’ link format to be used in all links between your site and the Bookswagon site.

Please note that for purposes of this Agreement, the browser window that opens upon the click of a user on a Quick link is deemed a part of the Bookswagon site, and any suck Quick click link is deemed a link between your site and the Bookswagon site.

Links to the Bookswagon site placed on your site which correctly utilise such special link formats are referred to as Special Links. You must ensure that each of the links between your site and the Bookswagon site properly utilises such special link formats. You will receive referral fees only with respect to activity on the Bookswagon site happeningdirectly through Special Links. We will not be accountable to you with respect to any failure by you to use these Special Links, including to the extent that such failure may result in any decrease of totals that would otherwise be paid to you according to this Agreement.

You acknowledge that by participating in the Affiliates Programme and enlisting any of the above links within your site, we may receive information about or from visitors to your site or communications between your site and visitors thereof. Your participation in the Programme constitutes your unconditional and specific agreement to and authorisation 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 Bookswagon site.

Except for the license granted under this Section, under this Agreement you do not have any right in any intellectual property with respect to the Special Links, link formats, guidelines, graphical artwork or technical specifications as explained and referenced above, or with respect to the Bookswagon.com domain names.

You also acknowledge that we including our corporate affiliates may crawl or otherwise monitor your site for ensuring the quality and reliability of Special Links on your site to the Bookswagon site (for e.g. to detect links that are broken or non-functional, links to products that are out of stock/print or otherwise unavailable etc.). Therefore, you will not block or object with such crawling or monitoring. We and our corporate affiliates may use technical means to overcome any approach used on your site to block or restrict with such crawling or monitoring.

You also acknowledge that as an Affiliate in the Programme, we may send you email updates about the Programme from time to time and you consent to our sending you these email updates.

Further, you acknowledge and agree, in connection with this Agreement, that you will:

Ensure that any ‘Privacy Information’ link or Bookswagon trademark (either in logo or text form) that is included in a Special Link by us is not obscured or altered in any way or made invisible, illegible or indecipherable to visitors of your site;
Use the ‘Content’ - any data, images, text, or other information obtained by you from us or the Bookswagon site, only in a lawful manner and in accordance with the terms of this Agreement;
Not display or reference on your site, any trademark / brand / logo of any third party seller on the Bookswagon site;
Not modify or alter any ‘Content’ that consists of a graphic image, other than to resize it;
Not edit any ‘Content’ consisting text, other than to shorten its length;
Not sell, redistribute, sublicense or transfer any ‘Content’;
Not use any ‘Content’ relating to any excluded merchant or any product sold by any excluded merchant;
Promptly delete any ‘Content’ that is no longer displayed on the Bookswagon site or that we notify you is no longer available for your use; and
Not use any ‘Content’, including any name or likeness embodied therein, in a manner that implies a person's or company's endorsement or sponsorship of, or commercial tie up or other association with, any product, service, party or cause. e.g. closely proximate placement to unrelated third party materials.

3. Order Processing

Booswagon.com would be responsible for all aspects of order processing and fulfillment of the orders placed by the customers via special links from your website to our website. We would have the rights to cancel the orders which does not meet our requirements of fulfillment.

We will be handling order forms, process payments, procurement, returns and cancellations and would provide customer support.

We will track each order placed by the customers coming from your site to our site and would provide detailed report of the conversions. This report would be available to you and its frequency would vary time to time based on our discretion.

4. Referral Fees

You will receive your referral fees on certain Product sales to third parties in agreement with the Sections 5 and 6 that follow. 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 Bookswagon site during a single session and add the Product to his or her shopping cart. The session begins on clicking the link and ends upon the occurrence of the first of any of the following events:

7 days elapse from the customer's initial click-through,
The customer places an order for a product or
The customer follows a third party link to the Bookswagon site that is also formatted with the Affiliate’s tag.

We will only pay referral fees on eligible Products after its order, payment, and shipping. You must ensure that the Special links between your site and the Bookswagon site are properly formatted to facilitate accurate tracking and reporting, and calculation of the fee accrual.

We will not be liable to pay referral fees on the following –

Purchases not tracked and reported due to incorrect formatting of the links
For any purchases made by customers referred to us through Special Links generated and displayed in response to general Internet search queries or keywords
On any Products that are added to a customer's Shopping Cart after the customer has re-entered the Bookswagon site (other than the Special Link from your site), as determined by us, even if the customer previously followed a link from your site to the Bookswagon site

For avoidance of doubt, the Search Box Link, which searches the Bookswagon Product catalogue, or searches of product databases that include Bookswagon Products, such as comparison of shopping engines are eligible for referral fees.

You may not buy products initiated through the links on your site for your own use, resale or for commercial use. This includes orders for customers on behalf of customers or orders for products to be used by you or your friends, relatives, employees or associates in any manner. In our sole discretion, such purchases may result in the withholding of referral fees and the termination of this Agreement.

In addition, you may not:

Directly or indirectly offer any person or entity any incentive including payment of money (including any rebate), or granting of any discount or other benefit for using Special Links on your site to access the Bookswagon site e.g. by implementing any further ‘rewards’ program for persons or entities who use Special Links on your site to browse Bookswagon site and purchase products;
Read, intercept, record, redirect, interpret or fill in the contents in any electronic form and other materials submitted to us by any person or entity;
Modify, suppress, redirect or substitute the operation of any button, link, or other interactive features of the Bookswagon site in any way;
Make any orders or subscription requests or engage in other transactions of any kind on the Bookswagon site on the behalf of any third party or authorise, assist or encourage any other person or entity to do so;
Take any action that can reasonably cause any customer confusion as to our relationship with you or as to the site on which any functions or dealings e.g. searching, ordering or browsing etc. are occurring;
Apart from providing Special Links on your site according to this Agreement, post or serve any promotional content or advertisements promoting the Bookswagon site or otherwise around or in conjunction with the display of the Bookswagon site e.g. through any ‘framing’ technique or technology, or pop-up or pop-under windows, or assist, authorise, or encourage any third party to take any such actions;
Attempt to bypass the referral fee schedule or artificially surge your referral fees by intentionally featuring, purchasing or requesting or encouraging any third party to purchase low-price items offered on the Bookswagon site (as determined by us) for the intention of exceeding any referral fee threshold or by causing any page of the Bookswagon site to open in a customer's browser other than as a result of the customer clicks on a Special Link on your site;
Attempt to intercept or redirect (including via user-installed software) traffic from or divert referral fees from any web site that participates in the Program;
Use any Content or Special Link related to any handheld, mobile, or mobile phone application without our prior written approval;
Seek to purchase or register any keywords, search terms or other identifiers that include the words ‘Bookswagon’ or any other brand / trademark of Bookswagon.com or its affiliates, or variations or misspellings thereof (‘Proprietary Terms’) for use with any search engine, portal, sponsored advertising service or other search or referral service. From time to time we may require that you cause any applicable Web search provider to exclude the Proprietary Terms from keywords used to show your advertising content in association with search results, assuming that the supplier of such Web search engine offers such exclusion capabilities.

5. Referral Fee Schedule

Every month you will earn (subject to the other terms of this Agreement) referral fees according to the ‘Fee Structure’ described below for qualifying products sold during sessions initiated through Special Links on your site.

Fee Structure

Subject to the other terms of this Agreement, you will earn a percentage of Qualifying Revenues that corresponds to the number of such Qualifying Product units sold through Special Links on your site.

Qualifying revenues

Revenues derived by us from customers as a result of sales of Qualifying Product units sold through Special Links on your site, excluding costs for shipping, handling, gift-wrapping, taxes charged to the customers, service charges, discount codes, gift certificates, credit card processing fees, returns and bad debts.

6. Referral Fee Payment

Your referral fee would be paid on a monthly basis for qualifying products shipped in the applicable month. Approximately sixty days following the end of each calendar month we will either:

Send you a Cheque for the referral fees earned,
OR
Send you a gift certificate for purchase of products through the Bookswagon site, subject to our standard terms or conditions.

Exceptions

If you select payment via Bookswagon gift certificate, we will accrue and withhold referral fees until the total amount due reaches at least Rs 250.00.

If you select payment via Cheque, we will accrue and withhold referral fees until the total amount due reaches at least Rs 2500.00.

7. Policies and Pricing

Customers who buy products through the Affiliates Program will be considered as our customers. Accordingly, all of our standard operating procedures with respect to customer orders, product sales and customer service will apply to those customers. We may change our standard operating procedures and policies at any time. For example we will regulate the prices to be charged for products sold under this Program according to our own pricing policies and discount structures. Product prices and their availability may vary from time to time. Because price changes may affect the products that you have listed on your site, your site may only display prices when we serve the link in which those prices are displayed. We will put reasonable efforts to present accurate information, but we cannot guarantee the availability (out of stock / print, edition, binding, format etc.) or price of any particular product.

8. Identifying yourself as an Associate

You will not issue any advertisement or press release with respect to your participation in this Affiliate programme or this Agreement as it may result in your termination from the Program. You may not in any manner misrepresent the relationship between us and you or imply any relationship or affiliation between us and you or any other person or entity apart from the one permitted by this Agreement (including by expressing that we support, sponsor, endorse, or contribute money to any charity or any other cause).

9. Limited License

We grant you a non-exclusive yet revocable right to use the graphic images and text described in section 8 and such other text or images for which we grant permission, solely for the purpose of identifying your site as an affiliate programme participant and to support in generating product sales. You may not use such image or text in an offline promotion or any other offline manner (printed material, direct mailers or other documents). You may not alter 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 brand / trademarks, and all other Intellectual Property Rights. You agree to follow our Trademark Guidelines which may change from time to time. Your license may be cancelled at any time by giving you a written notice.

10. Responsibility for Your Site

You will be solely responsible for the development, operation, and maintenance of all the materials that are available on your site. This includes -

The technical operation of your site and all related equipments
Creating and posting product descriptions on your site and linking those descriptions to the Bookswagon site catalog
The accuracy and suitability of materials posted on your site (including, among other things, all product related materials and any information you include associated with special links)
Ensuring that materials posted on your site do not disrupt or infringe upon the rights of any third party (for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
Ensuring that the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions and requirements placed on you by a third party that hosts your site)
Ensuring that your site exactly and adequately discloses how you collect, use, store, and disclose data collected from visitors, including third parties (including advertisers) may serve content and advertisements and collect information directly from visitors and may identify cookies on visitors' browsers either through a privacy policy or otherwise.
Ensuring that materials posted on your site are not defamatory or otherwise illegal

We deny all liability for these matters. Moreover, you will guarantee and hold us harmless from all claims, damages and expenses (including attorneys' fees without limitation) related to the development, operation, maintenance, and contents of your site.

11. Compliance with Laws

As a condition to your participation in our affiliates programme, you agree that while you are a programme participant you will follow all laws, ordinances, rules, regulations, licenses, permits, orders, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you are now in effect or will later come into effect for the time you are a participant of the program. Without limiting the foregoing obligation, you agree that as a condition of your participation in the affiliate programme you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, the ‘CAN-SPAM Act’ of year 2003 and all other available anti-spam laws.

12. Term of the Agreement

The term of this agreement will begin with our acceptance of your programme application and will end with the termination by either party. Either you or we may terminate this agreement at any point of time, with or without cause, by giving the other party a written notice of termination. With the termination of this agreement for any reason, you will immediately stop use of all links to the Bookswagon site and would remove all of our brand / trademarks, trade dress, and logos, and all other materials provided by us or on behalf of us to you in connection with the programme from your site. You are eligible to earn referral fees on sales of only qualifying products that occur during the term, and referral fees earned through the date of termination will be payable only if the related orders are not canceled/returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid to you.

13. Modification

We may modify any of the terms and conditions contained in this agreement at any time and with our sole discretion, by posting a change notice or a new agreement on the Booswagon site . Modifications may include changes in the scope of available referral fees, referral fee schedules, payment procedures, and programme rules. If any change is unacceptable to you, your only option available to you would be to terminate this agreement. Your continued participation in the programme following our posting of a change notice or new agreement on the booswagon site will establish binding acceptance of the change.

14. Relationship of Parties

You and we are independent contractors, and nothing written in this agreement will create any partnership, joint venture, franchise, agency, sales representative, or employment relationship between both the parties. You will have no right to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that could contradict anything in this section.

15. Limitation of Liability

We are not liable for indirect, special or significant damages (or any loss of income, profits or data) arising in relation with this agreement or the affiliate program, even if we have been warned of the possibility of such damages. Moreover, our combined liability with respect to this agreement and the affiliate program will not exceed the total referral fee paid or payable to you under this agreement.

16. Disclaimers

We do not offer any warranty or illustration with respect to the Program or any products sold through the affiliate Program (including warranties of fitness, non-infringement, merchantability or any inferred warranties arising out of performance, dealing, or trade usage without limitation). In addition, we make no representation that the operation of the Booswagon site will be uninterrupted or error-free, and we will not be liable for the consequences of any disruptions or errors.

17. Independent Investigation

You acknowledge that you have read the terms and conditions of this agreement and agree to it. You understand that we may at any time (directly or indirectly) ask for customer referrals on terms that may differ from those contained in this agreement or other web sites that are similar to or compete with your web site. You have independently evaluated the interest of participating in the program and are not relying on any statement, representation or guarantee other than as set forth in this agreement.

18. Disputes

Any dispute related to our program or this agreement in which the aggregate total claim for relief sought on behalf of one or more parties exceeds one lakh rupees will be adjudicated in any state or federal court in Delhi. You will have consent to exclusive jurisdiction and venue in those courts. You also acknowledge and agree that our rights in the content are of a special, exclusive, extraordinary character, giving them peculiar value, the loss of which cannot be readily compensated for in monetary damages.

19. Miscellaneous

The agreement would be governed by Indian Republic law and the state of Delhi. You cannot assign this agreement, without our prior written consent, by operation of law or otherwise. Subject to that restriction, this Agreement will be binding on and be enforceable against the parties and their respective successors and assigns. Our failure to impose your strict performance of any provision of this agreement will not lead to a waiver of our right to subsequently impose such provision or any other provision of this agreement.