This Affiliate Program Operating Agreement ("Operating Agreement") contains the terms and conditions that govern your participation in the Affiliate's Program (the "Program"). "We," "us," or "our" means Fyre Search, Inc. "You" or "your" means the affiliate.
BY TICKING IN THE BOX, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS OPERATING AGREEMENT, OR BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE, REVISED OPERATING AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON THE FYRE SEARCH SITE, YOU (A) AGREE TO BE BOUND BY THIS OPERATING AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY OUTLINED IN THIS OPERATING AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS OPERATING AGREEMENT. IN ADDITION, IF THIS OPERATING AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS OPERATING AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS OPERATING AGREEMENT.
1. DESCRIPTION OF FYRE SEARCH AFFILIATE PROGRAM
The Fyre Search Affiliate Program is a program to promote and sell the Fyre Search application to the organized PBCL (Pubs, Bars, Cafes, Lounges) and Restaurant business owners. Here, the affiliates having good networking with restaurants, bars, clubs, lounges, and cafes can recommend the app to the business owners. Every subscription purchased by the owners with the Unique Code, FS Code or otherwise will bring in 30-50% of the subscription amount; renewal of the same subscription will give 20% recurring commission amount for three consecutive times. In addition, each Affiliate associating with the Program will get company overview, product guide, and other necessary resources on the intuitive affiliate dashboard after the application approval.
2. ENROLLMENT
In the Program's enrollment process, you need to fill the application form accurately and submit it. You must provide authentic information and links for a quick approval. We will notify you of the approval or rejection of the application as soon as possible. The application will be rejected under the below-written scenario:
- False information provided in the application.
- Wrong or incomplete KYC documentation.
- Promotion of illegal activities.
If we reject your application, you are welcome to reapply at any time. You will ensure that the information in your Program application and otherwise associated with your account, including your email address and other contact information and identification of your site, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Program and this Operating Agreement to the email address then-currently associated with your Program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.
3. PROGRAM REQUIREMENTS
By participating in the Program, you agree that you will comply with the policies, guidelines, and other documents and materials referenced in this Operating Agreement (collectively, "Operational Documentation").
You will provide us with any information that we request to verify your compliance with this Operating Agreement or any Operational Documentation. If we determine that you have not complied with any requirement or that you have otherwise violated this Operating Agreement, we may (in addition to any other rights or remedies available to us): ; (a) close any other accounts you may have or may open in the future, without payment of any commissions; (b) terminate this Operating Agreement, or (c) undertake both of the above actions.
4. PROGRAM COMMISSION FEE
Subject to the limitations described in this Agreement, we will pay you 30-50% of commission from every subscription and 20% on subscription renewal (only for three times). The commission percentage depends on the profile and sales rate of the affiliate. You can also give customized free trials to the owners before influencing them to subscribe.
You will receive commission fees for a duration of three months from a specific brand's renewal. It is crucial to prioritize the consistent onboarding of new brands to Fyre Search in order to sustain regular commission income. Furthermore, you have the opportunity to encourage brands to purchase new features and services offered by Fyre Search, thereby ensuring an ongoing stream of commission fees.
Additionally, it's important to note that Fyre Search Affiliates are eligible to withdraw their commission fees once they have reached the minimum threshold of Rs. 10,000/-, and these commission fees must be matured for a period of seven days before they can be withdrawn. Your money would get credited to your given bank account in 24 working hours.
5. AFFILIATE BOUNDATIONS
You will not issue any press release or make any other public communication concerning this Operating Agreement or your participation in the Program. You will not misrepresent or embellish the relationship between you and us or express or imply any relationship or affiliation between you and us or any other person or entity except as expressly permitted by this Operating Agreement. You must, however, clearly state the association with us while recommending it to the business owners.
6. TERM AND TERMINATION
The term of this Operating Agreement will begin upon our acceptance of your Program application and will end when terminated by either you or us. Either you or we may terminate this Operating Agreement at any time, with cause, by giving the other party written notice of termination. Upon any termination of this Operating Agreement, the Unique Affiliate Coupon Code will be promptly removed. Upon any termination of this Operating Agreement, all rights and obligations of the parties will be extinguished. No termination of this Operating Agreement will relieve either party for any liability or any breach of, or liability accruing under, this Operating Agreement before termination.
7. MODIFICATION
We may modify any of the terms and conditions contained in this Operating Agreement (and any Operational Documentation) or the commission plan of Fyre Search Affiliate Program at any time and our sole discretion by posting a change notice, revised Agreement, or revised Operational Documentation on the Fyre Search Affiliate Program Site or by sending notice of such modification to you by the affiliate dashboard associated with your Affiliate's account. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS OPERATING AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE EFFECTIVE DATE OF ANY MODIFICATION (E.G., THE DATE OF OUR POSTING OF A CHANGE NOTICE, REVISED OPERATING AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON THE SITE OR THE DATE SPECIFIED IN ANY EMAIL TO YOU REGARDING SUCH MODIFICATION) WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
8. RELATIONSHIP OF PARTIES
You and we are independent contractors. Nothing in this Operating Agreement or the Operational Documentation will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates' behalf. Whether on your site or otherwise, you will not make any statement that contradicts or may contradict anything in this section. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Operating Agreement, you will be deemed to have taken action yourself.
9. GOVERNING LAW AND DISPUTES
This Operating Agreement will be governed by the laws of the Republic of India, without regard to the principle of conflict of laws. The courts at Delhi shall have exclusive jurisdiction over any dispute relating to or arising in any way from the matter under the Program or this Operating Agreement.