Acceptance of this Agreement
These terms and conditions ("Terms and Conditions") control your use of this website ("Website").
In these Terms and Conditions, "PERFECTLY AVERAGE" is referred to as the "Company", "us," or "we."
"You" refers to the user or a paying customer. If you are accessing the Website from India, then Perfectly Average Private Limited will be the contracting party.
This Website, the services made available through the Website and the content therein (the ‘Products’) are owned, operated and maintained, as applicable, by Perfectly Average. The Website, Products and Content are, collectively, the ‘Company’s Products’.
Terms & Conditions:
- Contracted Affiliates will use the name "Perfectly Average" solely for Ad Links on their respective profiles.
- Perfectly Average can terminate the Affiliate Agreement at any time.
- Upon termination, materials (PA’s logo, The Hashtag, Product Designs, etc.) related to us must be returned or deleted.
- The Affiliate Agreement’s term must align with the company’s Agreement, otherwise it will lead to the termination of the contract.
- Affiliates must only use the code approved by the company.
- Affiliates’ sites must comply with specified content rules.(1)
- Affiliates are prohibited from bidding on Perfectly Average trademark on search engines without permission.
- Compliance with advertising rules, guidelines, and environmental policies is mandatory.
- Perfectly Average has the right to audit the Affiliate's business facilities for compliance.
- The assignment of rights under this agreement requires prior written approval from the company through email only.
- Confidentiality must be maintained for marked ‘Confidential’ materials.
- Transaction queries should be raised within 10 days.
- Compliance with laws and regulations concerning partner activities on the platform is mandatory.
- No drop-shipping or re-seller activities are allowed, cash-back for these activities will be declined.
Please read this carefully before you use the services of this Website
- Under no situations or circumstances, will the Company be liable for any change in the content which it provides on the Website through its products and services, including but not limited to any errors, omissions, loss, or damage experienced in connection with the use of any content made available via our products, services, or various resources such as email, blog posts, etc.
- Our Company Products are available to any user with access to the Internet. However, we are not responsible for the charges incurred for the usage of hardware, software, or internet services provider fee. Also, the user is fully responsible for the proper functioning of computer hardware and internet access.
- You will be required to use login credentials for some of the sections on the Website and the Company reserves the right to block access to our services for any user who does not follow these conditions.
- We undertake commercially reasonable efforts to ensure that users get uninterrupted access to our service, but cannot guarantee said access.
Website Usage Guidelines
- Do not insult, abuse, harass, stalk, threaten, or infringe the rights of others.(1)
- Do not publish, post, distribute or disseminate any defamatory, infringing, indecent, offensive or unlawful material or information.
- Do not upload, install, transfer files which are protected by Intellectual Property Laws or software which affects other computers.
- Do not edit our HTML source code, reverse engineer or attempt to hack our Company Products.
- Do not run Spam services/scripts or anything which could affect the infrastructure, and in turn, the users.
- Do not communicate spam, advertise, or sell services such as digital downloads, eBooks, or phishing links.
- You may not copy, distribute, or plagiarize our website content or user submitted content.
- Do not use any content which violates any legal, regulatory, Governmental or network operator conditions or codes of practice.
Links and Hyperlinks Terms
This Website may have links to other websites. We do not control the content of these websites; nor we are responsible for their website content. The sole purpose of these links is to provide users with the necessary information.
- You cannot mirror or frame the homepage or any other pages of this Website on any other website or webpage.
- You cannot link our website pages and subpages with spam links/anchor text, which gives a false impression.
- You cannot use or include copyrighted or registered trademarks, or Intellectual property images, designs or content as a link to our website.
- You cannot link to or from pages which support racism, terrorism or hate speech.
- You cannot link to or from pages which provide pornographic content and violate human and animal rights.
- You cannot link to or from pages with content which infringes on the intellectual property of any third party, person or entity.
- You cannot link pages to or from content which violates any legal, regulatory, Governmental or network operator conditions or codes of practice.
User ID and Password
By using or accessing the Website you acknowledge and agree that your user ID and password ("Participant Account") is for your exclusive use only. Use or sharing of your Participant Account with another user is not permitted and is cause for immediate blocking of your access to the Website, the Services and the Content, and termination of your Participant Account. You agree that you are solely responsible for maintaining the confidentiality of your Participant Account and for all activities that occur under it. You agree to immediately notify our Grievance Officer If you become aware of or have reason to believe that there is any unauthorised use of your Participant Account. You also agree to take all reasonable steps to stop such unauthorised use and to cooperate with Us in any investigation of such unauthorised uses. We shall not under any circumstances be held liable for any claims related to the use or misuse of your Participant Account due to the activities of any third party outside of our control or due to your failure to maintain the confidentiality and security of your Participant Account.
We will process Product orders placed by customers who follow Special Links from your site to our website. We reserve the right to reject orders that do not comply with any requirements on our site, as they may be updated from time to time.
Policies and Pricing
Customers who buy products through this Program are customers of the ‘PA’ with respect to all activities they undertake in connection with the ‘PA’ website. Accordingly, as between you and the company, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the ‘PA’ website will apply to those customers, and the same may be changed at any time.
Identifying Yourself as an Affiliate
You cannot issue any press release or make any other public communication with respect to this Operating Agreement, your use of the Content, or your participation in the Program. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to any charity or other cause), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Operating Agreement. You must clearly and prominently state the following, or any substantially similar statement previously allowed under this Agreement: "As a Perfectly Average’s Affiliate or Ambassador I earn from qualifying purchases."
Subject to the terms of this Operating Agreement and solely for the limited purposes of advertising Products on, and directing end users to, the website in connection with the Program, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free licence to
(a) copy and display the Content solely on your profile; and
(b) use only those of our trademarks and logos that we may make available to you as part of Content (those trademarks and logos, collectively, "Perfectly Average") solely on your profile.
The License will immediately and automatically terminate if at any time you do not timely comply with any obligation under the Program Documents or otherwise upon termination of this Agreement. In addition, we may terminate the Licence in whole or in part upon written notice to you. You will promptly stop using the Program Content and promptly remove from your profile and delete or otherwise destroy all of the Program Content with respect to which the License is terminated or as we may otherwise request from time to time.