Particle Intelligence Affiliate Agreement 

 

BY CLICKING ON THE “I AGREE” OPTION/ BUTTON, OR BY MAKING A PAYMENT OR REGISTERING FOR FLASH HIRING EVENT OR JOB FAIR AND BECOMING A USER OF SERVICES OF PARTICLE INTELLIGENCE , YOU (“USER”/ “YOU”/ “YOUR”) AGREE TO BE BOUND BY THIS AGREEMENT FOR TERMS OF USE (“AGREEMENT”/ “TERMS OF USE”) AND AFFILIATION TERMS. FURTHER, BY USING THE SERVICES OF Particle Intelligence TECHNOLOGY PRIVATE LIMITED YOU ALSO AGREE TO THE COLLECTION OF YOUR INFORMATION AS SET OUT IN OUR PRIVACY POLICY, WHICH STANDS INCORPORATED INTO THIS AGREEMENT.

This electronic record is prepared as per the Information Technology Act, 2000 and the rules thereunder, as may be amended from time to time. This record is generated by a computer system and does not require any physical or digital signatures.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.

Welcome to Particle Intelligence. (“Particle Intelligence”/ “Company”/ “we”/ “us”/ “our”). Particle Intelligence offers Affiliate Program to individual or organisation(“Affiliate”) who provide marketing, support and sales services to the company. This page explains the terms of Affiliation for our online and off-line services.

 

AFFILIATION TERMS

Particle Intelligence Prohibited Seller and Affiliate Activities Guidelines

Particle Intelligence believes that its vendors, affiliates, and customers will receive the maximum benefit of its services when there is free and open competition without interference from others. Therefore, when using the Particle Intelligence Services as a seller or affiliate, you are prohibited from doing the following activities in order to keep the platform a safe and fair selling and promotional environment. Failure to comply with the terms of these guidelines may result in the cancellation of your listings, suspension or termination of your use of the Particle Intelligence Services, in addition to Particle Intelligence seeking any other appropriate remedies from you. Particle Intelligence reserves the right to determine, in its sole discretion, how to and when to interpret, apply and enforce these Guidelines.


These Guidelines are in addition to, and in no way limit, your other obligations set forth in, the Particle Intelligence Client Contract. These Guidelines are incorporated into the Particle Intelligence Client Contract, and in the event there is a direct conflict between a provision in these Guidelines and the Client Contract, the provision in the Client Contract shall prevail. 

 

Guidelines

The following standards apply to both sellers and affiliates:

1. Cyber Attacks. You are prohibited from initiating, participating in, or inciting any:

a. DDos attacks;
b. attempt to circumvent the Particle Intelligence’s sales process or to divert Particle Intelligence customers to another website;
c. hacking or accessing a site or page in an unauthorized manner for any reason;
d. any other activities that compromise or hijack traffic to a site or page, including, but not limited to, any advertising or promotional messages that encourage or cause customers to leave the Particle Intelligence site or the site of another Particle Intelligence vendor or affiliate.

 

2. False or Misleading Representations. You are prohibited from making any false or misleading representations in connection with selling or promoting goods or services.  In addition to Particle Intelligence’s Promotional Guidelines, you are prohibited from taking any false or misleading actions that are directed at another Particle Intelligence vendor or affiliate, including, but not limited to the following:

a. false statements in connection with a DMCA takedown request;
b. fake or baseless demands or cease and desist letters;
c. false or misleading statements that lead to issuance of invalid or harassing subpoenas;
d. fake purchases with the intent to refund/chargeback;
e. fake reviews of products or services, or any other attempts to manipulate ratings, feedback or reviews.

 

 3. IP Infringement. You are prohibited from infringing on or misappropriating the intellectual property rights of others.  In addition to all applicable laws, the following actions are prohibited:

a. using third party trademarks without permission;
b. using third party copyrighted content or materials without permission;
c. unauthorized use of Banners/Images;
d. bidding on the trademarked terms of third parties, including but not limited to search terms.

 

4. Interference with the Normal Flow of Business. You are prohibited from interfering with the normal flow of business by Particle Intelligence or any of its vendors or affiliates. Unauthorized and prohibited behavior includes, but is not limited to:

a. cookie stuffing;
b. keyword Stuffing, spamming or other attempts to interrupt or manipulate search and browse functionality;
c. unauthorized use of iFrames;
d. bypassing Vendor Pitch Pages.

Promotional Guidelines

In order to better serve our vendors and affiliates, Particle Intelligence has developed these Promotional Guidelines to help clarify what kinds of advertising (messaging, claims, imagery, testimonials, etc.) are and are not allowed to be used on Particle Intelligence vendor "Pitch Pages", all product-related copy and collateral, and all other promotional materials. These are general guidelines only and are intended to supplement the information provided in our Client Contract. 

 

We at Particle Intelligence value our customers, so we take India Trade Promotion Organisation (ITPO) and Ministry of Commerce and Industry (India) regulations on advertising very seriously, and require that our products vendors and affiliates do too.

 

Please note that promotional advertising, sales copy, product messaging and materials, express or implied, are always subject to Particle Intelligence approval. Please note that Particle Intelligence reserves the exclusive right to update and amend these guidelines at any time, without prior notice, and reserves the right to approve or reject products, marketing, copy, labels, and any other sales related collateral, at its sole discretion.

 

If you do not meet the requirements documented here, you may be asked to update new or existing products or marketing, your products may be denied, or your accounts may be suspended or terminated.

The following subjects are covered in this article:

  • Truth in Advertising

  • Promotional Channels

  • Promotional Techniques

  • Claims About the Product

 

Truth in Advertising

When consumers see or hear an advertisement, whether it’s on the Internet, radio or television, or anywhere else, federal law says the ad must be truthful, not misleading, and, when appropriate, backed by scientific evidence. In addition to these guiding principles and specific regulations, Particle Intelligence will take into account the overall “net impression” of the advertising message, which includes, marketing, copy, labels, and any other sales-related collateral.

Deceptive advertising, advertising that is likely to mislead consumers in any way, likely to affect consumers’ conduct or decision with respect to a product at issue, or could cause consumer injury, are all potential ITPO violations, and we may require immediate changes to new or existing products or marketing, deny new or existing products or marketing, or even suspend or terminate accounts.

 

Promotional Channels

Some promotional channels have additional restrictions to keep in mind. If you do not follow the guidelines listed here for each promotional channel, you may be asked to update new or existing products or marketing, your products may be denied, or your accounts may be suspended or terminated.

The following subjects are covered in this section:

  • Telemarketing

  • Email

  • Video

 

Telemarketing

We do not allow “call to activate” products, or products that require a customer to call in and purchase another product in order to make their initial purchase through Particle Intelligence work. Do not call customers who are on “do not call” lists, and please respect if they opt out being contacted. Do not attempt to coerce customers on the phone. 

 

Email

It’s your obligation to understand how you can, and cannot, use email to contact customers. The CAN-SPAM Act establishes requirements for those who send unsolicited commercial email. The Act bans false or misleading header information and prohibits deceptive subject lines. It also requires that unsolicited commercial email provide recipients with a method for opting out of receiving such email and must be identified as an advertisement.

 

Video

Vendors must submit a full video script prior to shooting the video. Videos will not be accepted without a script pre-review.

 

Allowed:

  • Videos and testimonials containing actors who portray consumers and describe their success using the product are only allowed if the video accurately portrays a typical customer experience, and includes disclaimer appearing with the actor making such a disclosure (ex: “Actor Portraying Real Purchaser”). 

  • Clearly and conspicuously disclose the generally expected performance in the circumstances shown in the ad.

  • Videos and testimonials containing actors telling the vendor’s actual experience/story (either 1st or 3rdperson) are allowed, but must include a clear and conspicuous disclaimer identifying the fact that it is an actor portrayal. This disclaimer must be accordance with ITPO Guidance on Disclosers and Disclaimers. Please also see the section above entitled Disclosers & Disclaimers for more information. A text disclaimer alone is not adequate.

  • Videos and testimonials containing a spokesperson describing the product’s actual attributes (must use a disclaimer).

  • Videos and testimonials containing an actual customer telling their actual story (does not require a disclaimer, but vendor must have signed documentation from the customer on hand in the event a regulatory agency would want proof that the story is a customer’s actual experience).

  • Videos and testimonials containing the actual vendor telling their actual story (does not require a disclaimer).

 

Not Allowed:

  • Videos that portray or reference a fictionalized individual or life story, where a vendor makes false claims as part of the product pitch, are prohibited.

  • Videos that portray or reference the vendor, where the vendor makes false claims about their earnings, are prohibited.

  • Videos that don’t allow viewers to exit or pause are prohibited.

  • Endorsements without substantiation are prohibited.

Any claims contained in the video must be capable of substantiation. Vendors must understand that if the ITPO, private litigant or other agency asks for substantiation, the vendor must have proof to back up any claim made in the vendor’s video.

 

Promotional Techniques

Some promotional techniques can only be used with certain restrictions, or cannot be used at all, when promoting Particle Intelligence products.

If you do not follow the guidelines listed here in your promotional techniques, you may be asked to update new or existing products or marketing, your products may be denied, or your accounts may be suspended or terminated.

The following subjects are covered in this section:

  • Prohibited Techniques

  • Testimonials and Endorsements

  • Disclosures and Disclaimers

  • Scarcity

  • Pricing

  • One-Time Offers, Upsells, and Down-sells

Prohibited Techniques

  • Particle Intelligence does not permit marketing tactics that incite or otherwise evoke in any way, fear, panic or chaos, etc.

  • Particle Intelligence does not permit marketing tactics that discriminate on the basis of religion, culture, nationality, race, sex, gender identity, sexual orientation, or age, etc.

  • Major brand/corporate logos on vendor any marketing collateral, including Pitch Pages and Thank You Pages, except credit card logos next to payment links, are prohibited unless the vendor has documented permission, by said brand or corporation, to use their intellectual property.

  • Unauthorized use of the Particle Intelligence logo is prohibited. For authorized usage, see our Trademark Use Guidelines article. 

  • Qualifying criteria when no qualifiers are truly necessary to purchase the product, are prohibited. Qualifying criteria must have a demonstrated disqualifying criteria.

  • Statements that infer that the product is significantly easier to use than it really is (for example, “one push button to make money” or “three simple words will provide you income") are prohibited.  Particle Intelligence requires that pitches make reasonable attempts to reflect the actual or typical effort required to achieve typical results. Salesmanship is encouraged, but do not over-embellish; it’s generally unreasonable to assume that someone with little or no experience in Internet marketing can achieve a 6-figure income with an hour or less of effort per day. It is more reasonable to assume that with attention, effort, and spare time, the average person with little or no Internet marketing experience can achieve a supplemental income.

  • “As Seen On… “statements without documentation showing that the product was seen on the stations, TV shows and/or magazines that are listed (not required for the product approval, but will be asked if they have it to provide if requested).

  • "Blind offers," which are defined as sales pitches that make promises about what the customer can earn or achieve without any specific details about how the product accomplishes these claims. Particle Intelligence Pitch Pages, particularly in the Internet marketing/make money online niche, must be clear about what techniques or tactics the product teaches or utilizes to achieve results for the customer.

  • Promotional techniques that do not follow all relevant laws and regulations are prohibited.

 

PAYMENT TERMS:

 

  • Affiliate can’t collect money from customers. 

  • Affiliate is paid on sell percentage basis and when the client pays to the company. In case of zero sell, affiliate cannot claim any expenses from the company.

  • In case of event cancellation, company shall refund the registration/ticket charges. In that case, the affiliate will not receive any commission for the sales. 

  • Affiliate must provide Bank account details to receive the commission. The payment will not be done on cash basis. 

  • Company might ask Affiliate to produce Valid ID proof for security reason and affiliate should produce the require document.

  • On receiving payment from the customer, the company shall release the affiliate commission within 15 days to their bank account or to PayPal account.

  • Affiliate agrees to receive 10% commission on Ticket sale of Premium Registration for Business & 20% affiliate commission on Premium Registration of the candidate.

  • The company might give additional perks to the deserving Affiliate but the final decision on it is solely right of company. 

  • The company has right to cancel the event, change or postpone the event, change the ticket or registration charges, and other event or service related decision. The shall inform the affiliates about the same by email, message or call. 

 

CONFIDENTIALITY, NON-COMPETE AND NON-SOLICITATION

  • Your personal data and information is secure and protected in accordance with our Privacy Policy. Particle Intelligence also signs a confidentiality and non-disclosure agreement with all its Service Providers. Particle Intelligence will not incur any liability for any breach of confidentiality which is solely attributable to the Service Providers.

  • While using Particle Intelligence’s services, you are required to maintain confidentiality and interact with the Service Providers only to the extent necessary for the use of our Services. Particle Intelligence may unilaterally terminate this Agreement in the event there is a breach of confidentiality by the User.

  • You will not directly or indirectly solicit the Service Providers listed on our platform, through any other means of communication, whether engaged or not engaged by you for undertaking any assignment which has not been authenticated by Particle Intelligence. Particle Intelligence reserves the right to access the information shared between you and the Service Providers. Particle Intelligence reserves the right to terminate this Agreement in case there is unauthorised solicitation of Service Providers.

  • Please note that any breach of confidentiality, non-solicitation and non-compete obligations as mentioned above will make you liable for appropriate legal action, the risk and costs associated with which would be solely borne by you.

 

Particle Intelligence reserves the right to modify, amend or change these Guidelines at any time and without notice to you.

© 2020 by Particle Intelligence