TCS Sentiments Express Affiliate Agreement

1. Overview

This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in the TCS Sentiments Express Affiliate Program. The purpose is to allow linking between your website and TCS Sentiments Express. Throughout this Agreement, "we," "us," and "our" refer to TCS Sentiments Express, and "you," "your," and "yours" refer to the affiliate.

2. Affiliate Obligations

2.1. To enroll, you will complete the online application. We may reject your application at our discretion if your site:

- Promotes explicit, violent, or discriminatory content

- Promotes illegal activities 

- Infringes on intellectual property rights

- Includes "Sentiments Express" in its domain name

- Is otherwise objectionable to us

2.2. As an affiliate, you'll have access to the Affiliate Account Manager to review program details, download creatives, browse coupons, and get tracking codes. You must use the provided HTML code for each link to allow accurate tracking of guest visits from your site.

2.3. We reserve the right to review and approve your use of links and require changes to comply with guidelines.

2.4. Maintaining and updating your site is your responsibility. We may monitor your site to ensure it's up-to-date and notify you of any suggested enhancements.

2.5. You are solely responsible for following applicable laws and having permission to use copyrighted material on your site. We are not responsible if you violate third party rights.

3. TCS Sentiments Express Rights and Obligations

3.1. We have the right to monitor your site to ensure you follow this Agreement. We may notify you of necessary changes to your site or links. If you don't make required changes, we reserve the right to terminate your participation.

3.2. We may terminate this Agreement immediately if you commit fraud or abuse the program. We are not liable for commissions from such fraudulent sales.

3.3. This Agreement begins upon acceptance of your application and continues unless terminated.

4. Termination

Either party may end this Agreement at any time, with or without cause, by providing written notice. This Agreement will also terminate immediately upon any breach by you.

5. Modification

We may modify the terms of this Agreement at our discretion at any time. Notification will be by email. If a modification is unacceptable, your only option is to end this Agreement. Continued participation indicates agreement to changes.

6. Payment

TCS Sentiments Express uses Refersion.com to handle tracking and payment. Commission payments will be released once they exceed $50, per Refersion's terms.

7. Affiliate Account Access

You will create a password to access Refersion's secure affiliate account interface and view your commission reports.

8. Promotion Restrictions

8.1. Certain advertising is prohibited, including spam, unsolicited commercial email, and postings to non-commercial newsgroups. You must clearly represent yourself and your websites as independent from TCS Sentiments Express. Termination due to unacceptable advertising will result in non-payment of pending balances.

8.2. Affiliates bidding on trademarked keywords without directing traffic to their own site first will be considered trademark violators and banned without notice.

8.3. Affiliates may key prospect information into lead forms as long as it is real, true, and represents valid leads.

8.4. Affiliates may not use "parasiteware," hidden links, automatic pop-ups, or other means to intercept searches, overwrite cookies, or cause TCS Sentiments Express's site to load in hidden frames.

9. Licenses

9.1. We grant you a non-exclusive, non-transferable, revocable license to access our site through HTML links and use our logos, trade names, and trademarks solely as a member in good standing of the Affiliate Program. All use is on our behalf and goodwill inures to us.

9.2. Neither party may use the other's materials in a disparaging, misleading, or negative manner. Each party retains all rights to their respective materials.

10. Disclaimer

TCS Sentiments Express makes no express or implied warranties regarding the service, website, or products. We do not warrant uninterrupted or error-free operation and are not liable for consequences of any interruptions or errors.

11. Representations and Warranties

You represent and warrant that:

11.1. This Agreement is a valid, binding obligation enforceable against you.

11.2. You have full right, power, and authority to enter into and perform this Agreement without approval from any other party.

11.3. You have sufficient rights in the granted rights.

12. Limitations of Liability

We will not be liable for any indirect, incidental, consequential, special or exemplary damages. Our total liability will not exceed the total commissions paid to you under this Agreement.

13. Indemnification

You agree to indemnify and hold harmless TCS Sentiments Express and its affiliates against any claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses arising from: 

- Any claim our use of your trademarks infringes on third party rights

- Any misrepresentation or breach by you 

- Any claim related to your site, including content not attributable to us

14. Confidentiality

Confidential information disclosed by either party during this Agreement will remain the sole property of the disclosing party. Each party will keep such information confidential without express written permission.

15. Miscellaneous

15.1. You are an independent contractor. Nothing creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and TCS Sentiments Express. You have no authority to make offers or representations on our behalf.

15.2. Neither party may assign rights or obligations to any party, except to a party who obtains all or substantially all of the business or assets of a third party.

15.3. This Agreement is governed by the laws of Pakistan without regard to conflicts of laws principles.

15.4. This Agreement may only be amended or waived in writing signed by both parties.

15.5. This Agreement represents the entire agreement between us, superseding all prior agreements and communications.

15.6. Headings are for convenience only and do not limit or affect the terms.

15.7. If any provision is held invalid or unenforceable, it shall be eliminated to effectuate the parties' intent, and the remainder of the Agreement shall remain in full force.

At TCS Sentiments Express, we are committed to protecting the privacy and security of our affiliate partners. This privacy policy outlines how we collect, use, and safeguard your personal information in compliance with the UK General Data Protection Regulation (UK GDPR) and the EU GDPR.

We collect the following personal information from our affiliates:

• Full name
• Email address 
• Website URL
• Payment information (for commission payouts)

This information is necessary for us to process your affiliate application, track referrals, and issue commission payments. We do not collect any sensitive personal data.

We use your personal data for the following purposes:

• To evaluate and approve your affiliate application
• To track referrals from your website and calculate commissions
• To communicate with you about the affiliate program 
• To make commission payments to your provided payment method

We will not use your data for any other purpose without obtaining your explicit consent.

We share your personal data with the following third parties:

• Our payment processor Refersion.com to facilitate commission payouts
• Our email service provider to send you program updates and communications

We have data sharing agreements in place with these third parties to ensure they handle your data with the same level of protection. We do not sell or rent your personal information to any other third parties.

We implement appropriate technical and organizational measures to protect your personal data against unauthorized or unlawful processing and against accidental loss, destruction or damage. This includes:

• Storing data on secure servers with restricted access 
• Encrypting payment information and other sensitive data
• Regularly testing our security measures

Under the UK GDPR and EU GDPR, you have the following rights with respect to your personal data:

• Right of access - You can request a copy of the personal data we hold about you
• Right of rectification - You can request that we correct any inaccurate or incomplete data
  
• Right to erasure - You can request that we delete your personal data in certain circumstances
• Right to restrict processing - You can request that we temporarily or permanently stop processing all or some of your data
• Right to data portability - You can request a copy of your data in a commonly used electronic format

To exercise any of these rights, please contact our Data Protection Officer at [email protected]. We will respond to your request within one month.

We will retain your personal data for as long as necessary to fulfill the purposes outlined in this policy, unless a longer retention period is required by law. When we no longer need to use your data, it will be securely deleted or anonymized.

We may update this privacy policy from time to time. We will notify you of any significant changes by email. The current version is always available on our website.

If you have any questions or concerns about how we handle your personal data, please contact our Data Protection Officer at [email protected].