Affiliate Agreement
Affiliate Agreement affective on 29 July 2023
MS Brains
Affiliate Agreement
This Affiliate Agreement ("Agreement") is entered into as of 29th July 2023 ("Effective Date"), by and between MS Brains, a Kerala/India, having its principal place of business atMS BRAINS, A Square building, Edathala P.O,kuzhivellipady,
Ernakulam,Kerala: 683561
Definitions
a. "Affiliate" refers to the party entering into this Agreement with MS Brains to promote and market the Company's products or services.
b. "Company" refers to MS Brains, the entity providing the products or services.
c. "Products" refer to any goods or services offered by MS Brains.
d. "Referral" refers to a potential customer referred by the Affiliate to MS Brains.
e. "Affiliate Link" refers to the unique tracking link provided by MS Brains to the Affiliate to track Referrals.
f. "Commission" refers to the compensation paid by MS Brains to the Affiliate for successful Referrals.
g. "Effective Date" refers to the date on which this Agreement becomes legally binding.
Appointment
MS Brains appoints the Affiliate, and the Affiliate accepts the appointment, to promote and market the Company's Products through approved marketing channels and methods.
Affiliate Responsibilities
a. The Affiliate shall promote MS Brains' Products using the Affiliate Link provided by the Company.
b. The Affiliate shall adhere to MS Brains' marketing guidelines and not engage in any deceptive, unethical, or illegal marketing practices.
c. The Affiliate shall be solely responsible for the content and manner of promotion, and MS Brains shall have no liability for such activities.
d. The Affiliate shall disclose their relationship with MS Brains when promoting the Products, as required by applicable laws and regulations.
Company Responsibilities
a. MS Brains shall provide the Affiliate with the necessary marketing materials and support.
b. MS Brains shall track Referrals generated through the Affiliate Link and calculate the corresponding Commissions.
c. MS Brains shall pay Commissions to the Affiliate based on the terms outlined in Section 5 of this Agreement.
Commission and Payment
a. The Affiliate shall be entitled to receive a Commission for each successful Referral that results in a sale of MS Brains' Products.
b. The Commission rate and payment terms shall be as agreed upon between MS Brains and the Affiliate and may be subject to change upon mutual agreement.
c. Commissions shall be paid on a monthly basis or as otherwise specified in writing between the parties.
d. MS Brains reserves the right to withhold or reverse Commissions in the event of fraudulent activity or breaches of this Agreement by the Affiliate.
Term and Termination
a. This Agreement shall commence on the Effective Date and shall continue until terminated by either party upon 30 days prior written notice.
b. Either party may terminate this Agreement immediately in the event of a material breach by the other party.
c. Upon termination, the Affiliate shall immediately cease all promotion and marketing activities related to MS Brains' Products.
Confidentiality
Both parties shall maintain the confidentiality of any non-public information received from the other party during the course of this Agreement.
Limitation of Liability
MS Brains shall not be liable for any indirect, special, incidental, or consequential damages arising out of or in connection with this Agreement.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Kerala/India Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts of Kerala/India.
Entire Agreement
This Agreement constitutes the entire understanding and agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, whether oral or written.
IN WITNESS WHEREOF, the parties hereto have executed this Affiliate Agreement as of the Effective Date.
Affiliate Name is as per the registration option given in the website link of Msbrains.com
MS BRAINS
Edathala, Kochi , Kerala