Welcome to Tomorrowland Apparels Pvt. Ltd. (hereinafter referred to as the Merchant). Thanks for joining our Affiliate program covering our brands - Bombay Shirt Company, Cityof_ and Korra.
These following terms and conditions apply to individuals, partnerships, corporations, proprietorships or any other corporate structure who are accessing or using the Program as an affiliate (“you” or “affiliate”) who refers customers to use product or service from the merchant. The acceptance of the Terms & Conditions constitutes an Agreement between Tomorrowland Apparels Pvt. Ltd. and the Affiliate.
By participating in the Program, Affiliate agrees to use the Program in the manner specified in, and are bound by, these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorized to register as an Affiliate or participate in the Program in any manner.
1. Approve or Reject of the Registration
We reserve the right to approve or reject ANY Affiliate Program Registration in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Registration.
2. Affiliate Links and Coupon
Affiliate link is automatically generated, but you can also generate an affiliate link for a specific product or collection. If a person clicks on someone else’s referral link and then later they click on yours, yours is the one that counts. Last click attribution will be the method for determining source of referral and payment to Affiliates.
Affiliate might or might not be assigned to one coupon code with details and usage clarified on Dashboard. If customer both click on the affiliate link and use coupon code, you will not receive a double commission. If you’re not assigned a branded coupon, then you’re not allowed to promote the coupon.
Affiliate may also advertise merchant website on online channels such as Facebook, Instagram, or offline classified channel ads and email marketing. A listing of channels, website pages, YouTube channels and all other activities must be approved by the Merchant in advance of running the campaigns and in no event must any promotional or information be advertised on any sites or properties that contain information or services of a pornographic nature, sites that promote self harm, violence, or propagate racism or any other form of discrimination. Additionally, the Affiliate shall no promote the Merchant's brand on any site that offers similar or competing products or services, or otherwise could bring the brand into disrepute in any shape or form. The Merchant has the sole discretion to reject any such campaigns.
3. Commissions and payment
Refer any customer to make a purchase on our website, you will get a commission amount which is calculated based on Commission structure. Commission amount is dependent on order value and not including extra fee (tax, shipping cost, or promotional coupons/codes).
For an Affiliate to receive a commission, you need to specify the payment details on Settings. Payment schedule will be notified on Affiliate Guide page.
Payments will only be sent for transactions that have been successfully completed. Use of the Affiliate Program is subject to a fair use policy which gives merchant the right to review each and every referral order. Status of commission if displayed in Commission tab, any paid commission will be listed on Payment tab. Transactions that result in charge backs or refunds will not be paid out.
The Merchant shall not be liable to pay any commission to the Affiliate should in its discretion, the Affiliate has used fraudulent means not limited to advertising fraud, cookie stuffing etc. to claim undue credit for a customer's purchase that did not originate through the Affiliate's link.
4. Marketing tool
We may share promotion media such as banner, logo or specific collection promotion to you through Marketing tool tab. You can download the media or get the HTML embed code in order to share on affiliate channels. Kindly note that it is the responsibility of the Affiliate to engage with Merchant to determine which products are out of stock. The Merchant will delete marketing creatives and collateral from the platform as products are out of stock.
5. Network
If Network tab is activated, affiliate can invite others to become their downline affiliate. If any downline affiliate brings order to merchant shop, upline affiliate will also get network commission which depends on merchant settings.
To invite other affiliates into the system, share network link and any other affiliate who click on that link and sign up will become a downline affiliate.
6. Cookie
We use a cookie to track people who have clicked on your link, so they need to be using cookies for us to track them.
If a person doesn't allow cookies or clears their cookies then we can't track them so can't pay earnings on that person's activity.
Cookies day is said on the Affiliate registration form. The tracking day will start from the time a customer clicks on the affiliate’s link or use the coupon. Within the cookie time, every order made by this customer at merchant website will automatically result in commissions to the affiliate (There’s no need for the customer to click on the affiliate link then).
7. Removal from & Termination of Referral/Affiliate Program
If an affiliate wishes to be removed from the affiliate program, they can do so by contacting: growth@bombayshirts.com.
The Merchant also has the right to terminate the Affiliate at any time should the Affiliate violate any of the terms stated herein. The Merchant may also choose to terminate the program at its sole discretion and notify the Affiliate of the same via this website or email communication. The Merchant shall only be liable for payments up until the date of termination.
Upon termination, the Affiliate shall immediate cease and desist from using any and all of the marketing tools, creatives and content provided to it by the Merchant. The Affiliate shall also discontinue from promoting the Merchant's brand on all electronic platforms.
8. Dispute Resolution & Arbitration
The Parties shall attempt in good faith to resolve any dispute, difference or claim arising out of or in
relation to this Agreement through mutual discussion. In case it is not resolved within fifteen (15) days
from receipt of the written notice (setting out the dispute or claim) by the other party, the complaining party may issue a notice of reference, invoking settlement of such dispute through Arbitration.
All disputes between parties in relation to or arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts at Mumbai only.
Arbitration: Any and all disputes ("Disputes") arising out of or in relation to or in connection with this
Agreement between the Parties or relating to the performance or non-performance of the rights and10
obligations set forth herein or the breach, termination, invalidity or interpretation thereof shall be referred
for arbitration in Mumbai in accordance with the terms of Mumbai Centre for International Arbitration
(MCIA) Rules or any amendments thereof. Furthermore: The language used in the arbitral proceedings shall be English.
Arbitration shall be conducted by a sole arbitrator, who shall be appointed mutually by the Parties and as
per the provisions of Arbitration and Conciliation Act, 1996 appointed pursuant to the MCIA Rules.
The arbitral award shall be in writing and shall be final, non-appealable and binding on each party and shall
be enforceable in any court of competent jurisdiction.
This Agreement and the rights and obligations of the parties hereunder shall be construed and interpreted in
accordance with Indian Substantive and Procedural law, as applicable to Agreements made and to be
performed entirely therein.
9. Intellectual Property Rights (IPR)
9.1 Affiliate acknowledges that TAPL retains all the Intellectual Property Rights in the outcome of the marketing services provided by the Affiliate including but not limited to copyright, trademark, patent, business logic, methodology, process improvement and/ or design or any other prevalent intellectual property rights created out of the services.
9.2 Whenever any additional customization is made, TAPL retains the Intellectual Property Rights in such
customization also.
9.3 The Parties shall not at any time use other party’s name, logo, or trade mark or any other Intellectual
Property Rights in connection with this Agreement or otherwise, without the prior written consent of other
party
9.4 The Intellectual Property Rights, Copyright, Content and Know-how (“IPR”) of the Software shall vest with the TAPL.
9.5 The Service Provider shall not, during or at any time after the expiry or termination of the project, do
anything which might bring into question or dispute the software ownership of the TAPL.
9. Governing Law
This Agreement shall be governed and construed in accordance with the laws of Republic of India and the
parties unanimously agree to submit to the sole and exclusive jurisdiction of the courts of Mumbai.
Go forward and refer!
We're very glad you've made it to the end of this important document.
We wish you all the very best. You can always re-visit these Affiliate Program terms and conditions in the future and if you have any questions you can send email to growth@bombayshirts.com for support.
