This Agreement governs your participation in the Affiliate Program.
The Baituljannah Affiliate Program is operated by Baituljannah Sdn. Bhd.. ("Baituljannah Sdn. Bhd." or “Baituljannah” or "we" or "us"). In this agreement (the "Agreement"), the terms "Participant", "you" and "your" refer to you (the applicant), and the "Sponsoring Website" or “Sponsoring Platform” refers to the website from which users will link to Baituljannah pursuant to the Affiliate Program which has been disclosed to and approved by us. Participant herein shall refer to the Participant and any of its affiliates, publishers, or members of it network. You shall be fully responsible and liable for the actions of your affiliates, publishers, and members of your network, and any services or actions provided through an affiliate, publisher, or member of your network shall be subject to and governed as if provided directly by You. In this regard, We can enforce all remedial measures available under this Agreement, and at law, for breaches of the Agreement by Participant or its affiliates/publishers directly against the Participant. IF THIS AGREEMENT IS PROVIDED TO YOU IN A LANGUAGE OTHER THAN ENGLISH IT IS FOR CONVENIENCE ONLY AND DOES NOT REFLECT SUBMISSION TO OR COMPLIANCE WITH THE LAWS OF ANY JURISDICTION OTHER THAN THAT CONTAINED HEREIN .
1. Description of Affiliate Program
The Affiliate Program provides participants the ability to earn commissions as compensation for distributing the Baituljannah matrimonial and matchmaking service (the "Service") available at Baituljannah's Website located at www.baituljannah.com (the "Baituljannah Site") and generating online subscriptions to the Service through pre-approved techniques and in accordance with the Terms of this Agreement. To accomplish this, participants in the Affiliate Program (each, a "participant") utilize a Web application to access Baituljannah links, banner ads, and other integration elements that link to the Baituljannah Site (collectively, the "Integrations"). Participants may include any or all such Integrations on their Sponsoring Websites, subject to the approvals and limitations set forth herein. Users who link to the Baituljannah Site via an Integration and create a unique registration to the Service in the same session are attributed to the participant that operates the relevant Sponsoring Website provided that it is not in violation of this Agreement. Subject to the terms of this Agreement, when such users purchase subscriptions to the Service using such registration through a Sponsoring Website, the participant is eligible for a commission for such qualifying subscription as described in Section 3 (Commission Fees) below.
2. Required Information; Affiliate Account
In order to join the Affiliate Program, you must provide us with all information required by our application process (including, without limitation) and agree to all the terms of this Agreement. Upon successful receipt of your application, we will promptly evaluate your application and you will be notified by email whether or not you have been accepted into the Affiliate Program. We reserve the right to reject your application for any reason, including, without limitation if your application does not reflect our business principles or if the Sponsoring Website contains any content listed in Section 10 of this Agreement or other guidelines of our Affiliate Program.
Disclosure and Approval of Traffic Source(s)
You may direct traffic from any source and Sponsoring Website(s). Any misrepresentation in the bad faith of traffic source is grounds for termination from the program.
3. Commission Fees
Subject to compliance with the terms of this Agreement, we will pay you a commission fee (the "Commission Fee") on each Subscription (as defined below) to the Service purchased during the Term. For purposes of this Agreement, "Subscription" means every time subscription or purchase made by a customer using a registration to Baituljannah that such user created after linking to the Baituljannah Site from the Sponsoring Website or Sponsoring Platform via an Integration from a clearly and accurately identified referring URL. The amount of the Commission Fee will be determined in accordance with the then-current applicable commission structure (the "Commission Structure").
If a Subscription for which a Commission Fee is paid to you is later refunded, deemed fraudulent or charged back, the relevant Commission Fee will be deducted from the next payment sent to you following such event. No Commission Fee will be paid on Subscriptions from Customers who have first visited the Baituljannah Site before visiting the Sponsoring Website in the 30 days prior to purchase or the Customers have clicked other Integration with different identified referring URL from different Participant.
We reserve the right to modify the terms of this Agreement and/or the Commission Structure at any time and for any reason in our discretion. Please see Section 14 for more details. If at any time you disagree or do not wish to abide by the terms of this Agreement or the Commission Structure, your only recourse is to end your participation in the Affiliate Program.
4. Commission Fee Payments
Payment of Commission Fees is made by bank wire transfer. When participants request withdrawals, payments are made the next business day if the withdrawal date falls on a weekend or holiday and are two weeks in arrears.
You must reach a minimum of MYR50.00 to request payment in connection with your account. Should you not reach MYR50.00 total in your requested payout currency at the end of a calendar year, we reserve the right to return your balance owed to zero. Payment of the Commission Fees may be less any taxes required to be withheld under applicable law. Payments are made according to Baituljannah's internal affiliate reporting and may not be unreasonably disputed. We reserve the right to withhold payment in cases of suspected fraudulent activity or breach of the terms of this Agreement. We further reserve the right to request return of Subscription Commission Fees earned as a result of prohibited activities or breaches of the terms of this Agreement.
5. Subscription Payment Processing
Baituljannah or its designees or licensees will be solely responsible for processing every Qualifying Subscription. Payment processing, renewal payment processing, cancellations and refund processing, and related customer service are the responsibility of Baituljannah. All of the rules, operating procedures and policies of Baituljannah regarding customer purchases or subscriptions will apply to all purchase or subscription orders Baituljannah receives. We reserve the right to reject any subscription order that does not comply with our rules, operating procedures and/or policies. You are not permitted to make any exceptions to Baituljannah's rules, operating procedures or policies or otherwise communicate with subscribers about these rules except with our prior written authorization, which may be withheld in our sole discretion.
6. Tracking of Subscription Sales
Baituljannah or its designee or licensee will be solely responsible for tracking purchase and subscription sales. To protect the privacy of Baituljannah's customers, the names of and other personally identifying information about customers will not be provided to you. All information about customers and users collected by Baituljannah shall be owned solely and exclusively by Baituljannah.
7. Copyrighted Material; Prohibited Uses of Integrations and Baituljannah and Third-party Materials Sponsoring Website. You shall ensure that none of the materials utilized or displayed on the Sponsoring Website, including your logo, preamble text or photographs or images, infringe upon the rights, including the intellectual property rights and personality rights, of any third parties. Baituljannah will not be responsible if you use another party's material in violation of the law even if we have approved of such use.
Use of Baituljannah Intellectual Property Contained in the Integrations. As between the parties, you acknowledge and agree that Baituljannah owns all right, title and interest in and to all patents, copyright, trademarks, trade secrets, service marks, trade names and other intellectual property in the Baituljannah Site, the Affiliate Program, the Integrations and the Service and any software or other intellectual property provided by Baituljannah in connection with this Agreement (the "Baituljannah Intellectual Property"). You shall not take any action inconsistent with such ownership by Baituljannah, nor attempt to register any Baituljannah Intellectual Property in any jurisdiction or any urls containing in whole or in part any Baituljannah Intellectual Property.
Subject to approval of your application to the Affiliate Program and any limitations herein, Baituljannah hereby grants to you, for the Term of this Agreement, a revocable, non-exclusive, non-transferable limited license to use the Baituljannah Intellectual Property contained in the Integrations for the express limited purpose of performing under the terms of this Agreement. You, by virtue of this Agreement, shall not obtain or claim any right, title or interest in or to the Baituljannah Intellectual Property, except the right of use as specified herein, and you acknowledge and agree that all such use shall inure to the benefit of Baituljannah.
You may only use the Baituljannah Intellectual Property as provided by Baituljannah, and shall not alter the Baituljannah Intellectual Property in any way that is not approved in writing by us. We have the right, but not the obligation, to monitor the quality of your use of the Baituljannah Intellectual Property. All uses of Baituljannah Intellectual Property and Baituljannah Marks must portray Baituljannah favourably. This includes, without limitation, reviews of Baituljannah services, and any comments posted to your site by users. We reserve the right to remove from the Program, at out sole discretion, any integrations We believe to be damaging or inconsistent with the Baituljannah brand. Any references to the Baituljannah Intellectual Property shall contain the appropriate trademark, copyright or other legal notice provided from time to time by Baituljannah. Upon a request from Baituljannah, you will immediately cease use of any and all Baituljannah Intellectual Property on the Sponsoring Website and elsewhere.
Prohibited Activities. All communication involving Baituljannah branding must be positive, inclusive, and reflective of Baituljannah's brand values in our sole discretion. Sexist, graphic, and derogatory language are prohibited.
In addition, unless otherwise agreed to in writing by Us: (i) all traffic from search engines must link to the Sponsoring Website; (ii) the Sponsoring Website must be owned and/or operated by you; and (iii) the Sponsoring Website cannot consist merely of links to the Baituljannah Site, rather, it must provide a user-experience distinct from that available on the Baituljannah Site (for example, it must include unique content or services).
Finally, we may impose additional restrictions on use of the Integrations and Baituljannah Intellectual Property and on any other activities pursuant to the Affiliate Program that we determine in our sole discretion to be in our best interest. Such additional restrictions shall be effective immediately upon notice from Baituljannah to you.
Use of Baituljannah Profiles. You may not use any profiles or other information regarding Baituljannah users on the Sponsoring Website or anywhere else for any reason whatsoever. Doing so will result in immediate termination of this Agreement or suspension of your participation in the Affiliate Program.
8. Baituljannah Policies Apply to All Orders
Every customer who makes a purchase or buys a subscription through the Affiliate Program is deemed to be a customer of Baituljannah. You do not have the authority to make or accept any offer on behalf of Baituljannah. All Baituljannah policies regarding customer orders, including pricing and problem resolution, will apply to these customers. We are not responsible for any representations made by you that contradict Baituljannah's policies.
9. Prices and Availability
The price charged for subscriptions sold under the Affiliate Program will be determined by Baituljannah according to its own pricing policies. Prices may vary from time to time as determined in our sole discretion. Baituljannah policies will always determine the price paid by the customer.
10. Prohibited Content
The Sponsoring Website may not display any of the following content or engage in any of the following activity:
- violent images or messages that promote violence;
- promotion of discrimination based on race, sex, religion, national origin, physical disability, sexual orientation or age;
- promotion of illegal activities;
- promotion or display of defamatory, libellous or harmful material or material that otherwise infringes upon the rights of Baituljannah or any third parties, including intellectual property rights and rights of personality;
- content that is inconsistent with Baituljannah's policies and/or practices;
- spamming of a participant's users who have registered for the Service; or
- any other content or activity that we find objectionable in our sole discretion.
11. Website Service Interruption
Baituljannah will use commercially reasonable efforts to keep the Baituljannah Site, the Affiliate Program and the Service operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. You agree not to hold liable, and hereby waive and release any claims that you may have against, Baituljannah for such interruptions and any consequences thereof.
12. Email
You may send out any email containing Baituljannah's name or branding or any other Baituljannah Intellectual Property to the lists that you have legally gathered and obtained, or any email directly or indirectly related to the Affiliate Program the following terms ("Email Policy") shall strictly apply:
- Participant acknowledges that it is the initiator of all the commercial email messages. Any and all emails originate/initiate “from” the Participant and are transmitted by the Participant. The emails must not directly or indirectly originate or be sent from Baituljannah in any manner whatsoever, nor shall it appear to originate from Baituljannah. Any use of the Baituljannah trade name, trade mark or any variant thereof in the “From” “Reply-To” or “Subject” fields, or in any header information, is strictly prohibited. All header information must be correct and identify the Participant as the person initiating the message. Moreover, Participant cannot mislead regarding the subject matter of the message.
- All emails must contain a clearly identifiable “Unsubscribe” link to the Participants unsubscribe domain or physical address. Participant must unsubscribe the recipient in a timely manner, and the opt-out must become effective within 10 business days. There shall be no unsubscribe link directing to any Baituljannah website or the Baituljannah office address. The only reference in an email to the Baituljannah address is that of the service being promoted.
- Participant shall ensure that the send frequency of emails to a single email address shall be limited to a reasonable amount. Participant shall be responsible to vet its network and publishers, and remove any publishers that can or are believed to engage in unreasonable mass email practices from participating in any Baituljannah offers.
- Participant represents and warrants that it has obtained and collected all of the emails in a lawful manner and received the necessary permissions to send the recipient a commercial email, without the use of “robots” or scripts created to scrape websites for email addresses. The Participant shall maintain industry best standards as it relates to the collection and regular hygiene of it email lists.
- Participant shall not, in any manner whatsoever, commit any act or omission that would adversely affect the Baituljannah brand. Participant shall ensure that it operates any campaign in good faith.
- In the event that Participant violates or does not comply with any of the terms of this Policy or Agreement, We reserve the right, in our sole discretion, to withhold sales and payments and any Commissions as a result of such non-compliance. Such remedy shall not affect any and all other rights available to Us, and We reserve any and all rights and remedies available to us. Notwithstanding the foregoing, We may also apply an additional penalty against a network Participant equivalent to 10% of the commissions withheld for the first offence and 25% of the commissions for any subsequent offence.
- Notwithstanding anything else contained in this Agreement, Participant shall reimburse, indemnify, defend and hold Us, our affiliates, parent and related companies, and our directors, officers, employees and agents, or any of them harmless from and against any and all claims, damages, losses, liabilities, penalties, charges, costs and expenses resulting from, relating to or arising out of any breach of the Email Policy or any of the representations and warranties made by the Participant in this Email Policy and the Agreement. For the purpose of this indemnity, Participant shall include its employees, officers, directors agents, affiliates, and publishers that are part of its network.
13. Term of the Agreement
This Agreement shall commence on the day it is entered into by you and shall continue until terminated by you or by Baituljannah as provided for herein (the "Term").
14. Modifications
We reserve the right to change any of the terms and conditions in this Agreement, including issuing binding policy documents, at any time and in our sole discretion, by posting a new agreement reflecting such changes on the Affiliate Program site, or posting/distributing applicable policy document, such changes to be effective upon posting or communicating such modification directly to you. Baituljannah will not be required to provide notice to you of changes to the Agreement other than by posting the revised Agreement as described above. You may not change or modify this Agreement.
You hereby acknowledge that such modifications may include, without limitation, changes to commission structures, Prohibited Practices and other Program Rules and payment processes.
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 OR PROVISION TO YOU OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
15. Termination of this Agreement; Survival
We reserve the right to terminate this Agreement at any time. Termination will be deemed to be effective upon email delivery to you of such termination notice, which will deemed to be received immediately upon delivery, regardless of whether you successfully receive such notice or not. If we terminate the Agreement in connection with a breach by you of any of the terms herein, any commissions payable or owing to you will be forfeited by you and will have no claim, right title or interest to any such monies.
Any provision of this Agreement that expressly states that it shall survive or which, by its nature, must survive the completion, expiration, termination or cancellation of this Agreement, shall survive the completion, expiration, termination or cancellation of this Agreement.
16. Warranty Disclaimer
Baituljannah makes no warranties, representations or conditions with regard to the Service, the Baituljannah Site, the Affiliate Program, the Affiliate Program site and/or the Baituljannah Intellectual Property, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade. Further, Baituljannah expressly disavows any obligation to indemnify you or any of your representatives or owners in connection with any lawsuit or other proceeding arising out of any of your use, or any user's use, of the Services, the Baituljannah Site, the Affiliate Program, the Affiliate Program site and/or the Baituljannah Intellectual Property.
17. Limitation of Damages
Baituljannah shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement, the Baituljannah Site, the Service, the Affiliate Program, the Affiliate Program site and/or the Baituljannah Intellectual Property even if Baituljannah has been advised of the possibility of such damages. Further, Baituljannah's aggregate liability arising under or with respect to this Agreement or the Affiliate Program shall in no event exceed the total Commission Fees paid or payable to you under this Agreement.
18. Notice
All notices and requests in connection with this Agreement will be given in email and will be deemed given as of the day they are sent.
Email to: [email protected]
If to Participant:
To the postal address, email address and/or fax number provided by you to us on the Affiliate Program site.
19. Representations and Warranties
You represent and warrant that you have the necessary and full rights, power, authority and capabilities to enter into this Agreement and to perform your obligations hereunder and that the execution of and performance of your obligations under this Agreement will not violate the rights of any third party, nor any applicable federal, state, provincial and local law or regulation. You further represent and warrant that the Sponsoring Website is the true referring url and it shall not include any content or material that violates the rights of Baituljannah or any third party.
20. Indemnification
You shall defend, indemnify and hold harmless Baituljannah, its parent, subsidiary and affiliated companies and its and their directors, officers, employees, affiliates and agents, against any claim, demand, cause of action, debt or liability, including reasonable attorney's fees, to the extent that (i) it is based upon a breach of your representations, warranties or obligations hereunder; (ii) it arises in connection with the Sponsoring Website or your negligence or wilful misconduct; or (iii) it is based on violation by you of any applicable federal, provincial, state or local law or regulation in providing products or services hereunder, including without limitation applicable tax regulations.
21. Miscellaneous
You and Baituljannah are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties including without limitation our approval of your materials. You may not assign this Agreement, by operation of law or otherwise, without the prior written consent of Baituljannah; we may assign this Agreement at any time without notice to you. Subject to the foregoing restriction, this Agreement is binding upon, inures to the benefit of and is enforceable by the parties and their respective successors and assigns. "Month" or "Monthly" shall refer to a full calendar month.
22. Governing Law; Jurisdiction
This Agreement shall be governed by the laws of Malaysia without reference to conflict of laws principles. Any legal action, suit or proceeding arising out of or relating to this Agreement will be instituted exclusively in a court of competent jurisdiction, located in Malaysia, and in no other jurisdiction. The parties hereby irrevocably consent to personal jurisdiction and venue in, and agree to service of process authorized by, such courts.
23. Acceptance of Agreement Electronic Signature.
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Integrations and your participation in the Affiliate Program. This Agreement may be modified by Baituljannah from time to time, such modifications to be effective upon posting by Baituljannah on the Affiliate Program site. You indicate your acceptance to the terms and conditions contained or referenced herein by signing up to the Baituljannah Affiliate Program. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. By clicking on the "Signup" button, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
LAST UPDATED: October, 2017
