Terms & Conditions

Operating Agreement:-  

This Agreement contains the complete terms and conditions that apply to an individual’s or entity’s participation in the Xboom Utilities Affiliate Program (the “Program”). As used in this Agreement, “we”, “us”, or “our” means Xboom Utilities or any of our affiliates; parent; or group companies and our successors and assigns, as the case may be, and “you” means the applicant. Xboom Utilities Site means, collectively, the xboom.in website and the Xboom Utilities mobile website. “Your site” means your website where you will link to the Xboom Utilities 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.

Enrollment in the Program:-

• Participation in the Program is limited to parties that lawfully can enter into and form contracts under applicable law. For example, 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 Xboom Utilities 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 you or 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 (i.e. in terms of Money Transfer. You can provide reward points in the form of mobile recharge or any gift vouchers to your customers from your side. But you need to mention clearly on your website that the Gift articles are not provided by Xboom Utilities. And the customer should contact only you for any queries related to those gift articles which you had provided to them, not to Xboom Utilities).

  • Advertise misleading/wrong offers/deals running on Xboom Utilities.

  • Use affiliate links, whether directly or indirectly, on web sites offering any  referral program with/without payment of fees and/or sites in the nature of multi-level marketing arrangements.

  • Use affiliate links on illegal audio/video download sites.

  • Promote affiliate link or any third party links via use of paid ads on search engine result pages and social media websites by bidding on trademark of Xboom Utilities or any variation or misspelling of any trademark of Xboom Utilities.

  • Promote pornography and sexually explicit materials.

  • Promote violence.

  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Promote illegal activities.

  • Include any trademark of Xboom Utilities, or its affiliates, or any variation or misspelling of any trademark of Xboom Utilities, or its affiliates, would be unsuitable.

  • Include any trademark of Xboom Utilities or its affiliates in any username, group name, or other identifier on any social networking website.

  • Include any colour combination or layout similar or identical to Xboom Utilities, with the intention to deceive.

  • Use links or URLs which are not published by the Xboom Utilities Site or by Xboom Utilities Affiliate Program.

  • Add products directly to the customer’s cart using scripts or any tools.

  • Are owned by or is principally maintained/operated by current employees of Xboom Utilities.

  • Otherwise violate intellectual property rights.

• If we determine that you have not complied with any requirement or restriction provided in the Program or any other applicable policies or that you have otherwise violated this Agreement, we may (in addition to any other rights or remedies available to us) withhold any fees payable to you under this Agreement, terminate this Agreement, or both. In addition, you hereby consent to us monitoring, recording, using, and disclosing information about your site and visitors to your site that we obtain concerning your display of referral links, and monitoring, crawling, and otherwise investigating your site to verify compliance with this Agreement and Program.

Search Box Link: – 

You may provide a Xboom Utilities 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 Xboom Utilities Site that contains the results of their search query. We will provide you with technical specifications describing how to include an Xboom Utilities Site search box on your site.

General Link to Xboom Utilities Site Home Page:  

You may provide a general link on your site to the home page of the Xboom Utilities Site.

Search Results Link:  

You may provide a link on your site that will link to a particular search result on the Xboom Utilities Site, the parameters of which will be determined by you based on search generating alternatives we make available to you.

Order Processing:-

We will process product orders placed by customers who follow links from your site to the Xboom Utilities 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 fulfilment. Among other things, we will prepare sales orders, process payments, invoices, 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 Xboom Utilities 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 at our discretion.

Referral Fees:-

We will pay you 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 referral Link on your site to the Xboom Utilities Site and during a single session, add the Product to his or her shopping cart and complete the order by making the payment or cash on delivery. The session begins when the customer clicks through a referral Link on your site or from your end to the Xboom Utilities Site and ends upon the first occurring of the following events:

1. 1. session based on the customer’s initial click-through

   2. The customer places an order for a product, or

   3. the customer follows a third party link to the Xboom Utilities Site that is appended with a different affiliate’s tag, or

   4. The customer follows a link to the Xboom Utilities Site that is appended with Xboom Utilities’ email campaign tag

We will not pay referral fees for any purchases made by customers referred through a Prohibited Paid Search Advertisement or referral Links (to the Xboom Utilities Site) that are generated or displayed in response to general Internet search queries or keywords. “Prohibited Paid Search Advertisement” means an advertisement that you purchased through bidding on keywords, search terms, or other identifiers (including Proprietary Terms) or other participation in keyword auctions. “Proprietary Term” means keywords, search terms, or other identifiers that include the word “Xboom Utilities,” or any other trademark of Xboom Utilities, or variations or misspellings of any of those words (e.g., “xbom,” “xboon,” etc). For avoidance of doubt, the Search Box Link, which searches the Xboom Utilities Product catalogue, or searches of product databases that include Xboom Utilities.

In addition, you may not:

1. 1. 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;

   2. in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the Xboom Utilities Site;

   3. make any orders or subscription requests, or engage in other transactions of any kind on the Xboom Utilities Site on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so;

   4. 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, among other examples) are occurring;

   5. other than providing referral Links on your site in accordance with this Agreement, post or serve any advertisements or promotional content promoting the Xboom Utilities Site or otherwise around or in conjunction with the display of the Xboom Utilities 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;

   6. 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

   7. Seek to purchase or register any keywords, search terms or other identifiers that include the words “Xboom Utilities,” or any other trademark of Xboom Utilities 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.

   8. 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.

Referral Fee Payment:-

The payment is made bi-monthly. The amount to be paid will be determined by the use of the coupon code during purchase. XBoom Utilities holds sole discretion over the time of payment.

Policies and Pricing:-

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, 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 sold under this Program in accordance with our pricing policies. Product prices and availability may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Links on Your Site:-

We grant you a non-exclusive, revocable right to use the graphic image and text and such other text or images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating product 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. You agree to follow our Trademark Guidelines, as those guidelines may change from time to time. We may revoke your license at any time by giving you written notice.

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 referral 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 Xboom Utilities Site catalogue.

  • 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 referral Links).

  • Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights).

  • Ensuring that materials posted on your site are not libelous or otherwise illegal.

  • Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

  • 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 abide by these terms and conditions strictly and any non-observance of the terms therein shall determine our association with immediate effect.

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.

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. You may terminate the contract in the middle of your tenure i.e. 6 months as well, but the amount for most affiliate tags will not be refunded. If you are not pleased with the affiliate tag, you can either downgrade or upgrade the plan but the previous amount will not be refunded. If you do not wish to continue further after the tenure of your contract, you must cancel the subscription yourself or else the plan will keep continuing. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the Xboom Utilities Site, and all of our trademarks, 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 cancelled 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 Xboom Utilities site herein above and non-removal of links and use of all or any of our trademark, logos and price are treated as illegal crawling and infringement of our Trademark.

Modification:-

We may modify any of the terms and conditions contained in this Agreement, without prior notice at any time and in our sole discretion, by posting a change notice or a new agreement on the Xboom Utilities Site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the program following our posting of a change notice or new agreement on the Xboom Utilities site will constitute binding acceptance of the change.

Relationship of Parties:-

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, 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 clause.

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. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees 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, 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 the Xboom Utilities Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

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.

Disputes:-

Any dispute relating in any way to the Program or this Agreement will be adjudicated in courts in Bangalore (Karnataka) and you hereby consent to exclusive jurisdiction and venue in those courts. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.

Miscellaneous:-

This Agreement will be governed by the laws of the Indian Republic, without reference to rules governing choice of laws. 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 enforce such provision subsequently, or any other provision of this Agreement.