Please read the following terms and conditions very carefully as your use of services and products on our website www.cuelinks.com ('our Website') is subject to your acceptance of and compliance with the following terms and conditions.
Before using our services, you must read the Terms of Use given below. If you do not agree to be bound by the terms & conditions, you may not use our services or subscribe to our services. By using our services, you agree that you have read, acknowledged and confirmed the terms and conditions contained herein and those that may be included and agree at all times to be bound by them.
The term “Cuelinks” is used through this entire “Terms of Use” document to refer to our Website, its officers, directors, employees, agents or representatives. Unless the context otherwise requires, in relation to any section of this document/agreement, all references to 'we', 'us', and 'our' are to Cuelinks.
Presently, Cuelinks has a network of more than 600 Merchants associated and registered on the Cuelinks platform. “Merchant” for the purpose of this Terms of Use document shall refer to any provider of products and/or services, online and who is a part of the Cuelinks’ network. Cuelinks provides its registered Publishers with an affiliate programme that connects them with such Merchants and helps them earn revenues through their Publication(s). All they have to do is get themselves registered with Cuelinks by following a simple registration process and Cuelinks provides them with a Javascript code ('Code') that converts simple links of Merchant Websites, posted or shared by the Publishers into affiliate links. An affiliate link is a special URL that contains the ID or username of the Publisher which is used by the Merchants to track all traffic that the Publisher directs to the Merchant's Website, as a part of the affiliate program..The Publisher’s dashboard displays data such as clicks, conversions and accrued payouts. This Payouts accrue only for Qualifying Events that are validated by the Merchant and for which Cuelinks has received payment. Mere visits, clicks, or failed / refunded transactions do not generate a payout entitlement. Publishers are automatically connected to all eligible campaigns, unless a campaign requires pre-approval or the Publisher opts out.
Cuelinks shall also not be liable in the event of failure or interruption of the payment gateway/payment mechanism chosen by the visitor/prospective buyer for any reason whatsoever, or inability to purchase on the Merchant Website.
Cuelinks provides its registered Publishers with a technology platform that directly connects them to Merchants and helps monetising the content published by them on their Publication websites in a simple, effective and efficient manner ('the Service'). The Services provided by Cuelinks shall be subject to the Terms of Use which may be updated by Cuelinks from time to time. Please re-visit the link “Terms of Use” on our Website and to stay abreast of any changes that we may introduce. You must be at least 18 years of age to use the Services offered by us. If you are below 18 years of age, you are strictly prohibited from registering on our Website and/or our mobile application or doing any act which leads us to believe that you are 18 years of age or above. If you are the parent or guardian of a child under 18 years of age you, provide your consent to your child’s registration with our Website and you agree to be bound by the terms and conditions of this “Terms of Use” in respect of their use of our Website. By using the Services in any manner, you are agreeing to comply with the Terms of Use contained herein.
Certain sections or pages of this Website may contain separate terms and conditions, which are in addition to these Terms of Use. We recommend that you read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those specific sections or pages.
Cuelinks in this respect provides its Publishers with the following services:
- Cuelinks account gives the Publishers a detailed insight on a single dashboard panel of all Merchants affiliated with Cuelinks and directly connects them with such Merchants, without the Publishers having you to apply for each Merchant individually.
- Publishers shall have an option to be dis-associated with a particular Merchant by sending an email to Cuelinks from their registered email ID; Cuelinks provides the Publishers with an easy to install Code, which would convert all Merchant links posted by them on their Publication website into affiliate links.
- Alternatively, Publishers have the option of using other affiliate links (not related to Cuelinks), in which case the link posted by them will not be converted into Cuelinks Merchant Links (even if the Java code is installed on their computer).
- Publishers will not be required to contact multiple Merchants or affiliate networks for confirmation or record of any actual purchase made, in case of multiple purchases made by the visitors from the Merchant’s Website. Cuelinks shall manage the Publisher’s account and by keeping an up-to-date record of actual purchases made through the Publisher’s Website. Cuelinks directly sends you a cheque or makes a direct transfer to your account on actual basis
Cuelinks, on completion of your registration process, would provide you with a unique Java script code that would enable you to use our Services on your Publication Website once you install it. You would be required to copy and paste this Code into your websites’ template and the Code will automatically convert all normal Merchant links shared by you on your Publication Website into affiliate links as soon as a visitor clicks on them. Alternatively, you can also change your website re-direction script by integrating with the Cuelinks http API available for its Publishers. This will redirect links shared by you via the Cuelinks Server and monetisation will be taken care of by Cuelinks. Our Code is easy to install and only takes a few minutes. A detailed guide to the installation process would be provided to you once your registration application is reviewed and approved by Cuelinks.
By using our Service you agree to provide Cuelinks an access to your Publication for the purpose of overwriting the links in Your Publication content. Such access is only for the purpose of converting simple links shared by you into affiliate links and for the purpose providing you with maximum benefits and returns through our Service. By providing Cuelinks with an access to your Publication website, you hereby expressly permit Cuelinks to convert your simple links into affiliate links. Cuelinks restricts the access provided by its Publishers to merely converting or overwriting the links shared. Cuelinks does not in any manner access other content of your Publication Website in an unauthorized or unlawful manner.
It is expressly stated that such an access is absolutely essential for the purpose of processing/converting simple links posted by you into affiliate links which shall enable us to process payments appropriately, if any due in this respect. In this regard, however kindly note that Cuelinks shall not be responsible for any loss, claim, damage or liability arising with respect to the limited access of the Publisher’s Website gained by it. Any dispute arising in this regard shall be defended by Cuelinks entirely at the Publisher’s risk as to the cost and consequences.
Cuelinks maintains and manages a robust system to provide the Publishers with effective and efficient Services. We continuously improvise on our technology to ensure a smooth and trouble free functioning of our system and Services; however we do not guarantee that our Code or any other content that we may make available on our Website will be free from viruses that may have contaminating or destructive elements. Cuelinks shall not be liable for any harm whatsoever, caused to your computer system or loss of any data resulting from the download or installation of such data/content. It shall be your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) on your computer, laptop, mobile, tablet or any other device connecting you to Cuelinks to satisfy your requirements as to the safety and reliability of the Cuelinks content accessed by you. We advise the Publishers to not forward or share the Code and API key with any other Publisher or any other person. Any loss, harm, damage or liability incurred by the Publisher in this regard would be solely attributed to such Publisher and Cuelinks shall not be liable for any loss, harm, damage or liability. Any dispute arising in this regard between you and any other party, with whom you may have shared your Code and/or API key, shall not obligate Cuelinks’ involvement in any manner whatsoever. Cuelinks shall further not be liable to compensate the Publisher in any manner, in the event the aforementioned occurs.
Cuelinks is not responsible for loss or damage caused by unauthorised sharing or misuse of login credentials, API keys or Code.
- Publishers are responsible for ensuring appropriate security measures (e.g. antivirus, secure access) on their own devices and systems.
Responsibility of Publishers
We understand the liberty of ideas and expressions that one conveys or tries to convey through blogs, websites, etc. However, you understand and acknowledge your moral responsibility vis-a-vis.the content posted by you on your Publication website, bearing in mind your association with Cuelinks and hence with the affiliate Merchants registered with Cuelinks.
You hereby agree to not post, or otherwise make available any content through the links shared:
- make or attempt to make unsolicited contact with any of the Merchants’ for any purpose whatsoever without the prior written permission of Cuelinks
- collect personal data about any of the Merchants’ in the Cuelinks’ network or 'stalk' or otherwise harass any such Merchant;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, unless expressly permitted by Cuelinks;
- attempt to gain unauthorized access to Cuelinks's computer systems, servers or engage in any activity that disrupts, diminishes the quality of, or interferes with the performance of, or impairs the functionality of, the Service or our Website
- remove or change any content on the Cuelinks domain or attempt to circumvent security or interfere with the proper working of the Cuelinks domain or any servers on which it is hosted;
- misuse the login passwords or misuse any other information or content on the Cuelinks website;
- damage, disable, overburden, or impair the Cuelinks website or service or interfere with any other party's use and enjoyment of any Cuelinks website or service.
- gain unauthorized access to Cuelinks Website or Service, computer systems or networks connected to any Cuelinks website or Service, through hacking, password mining or any other means.
- create links to our Website from any other website, without our prior written consent;
- frame or replicate the home page of Cuelinks website containing such content that is unlawful, threatening, abusive, libelous, pornographic, obscene, vulgar, indecent, offensive or which infringes the Intellectual Property Rights of Cuelinks or rights of any third party;
- misuse, replicate or copy the source code and the object code contained in the computer program of the Cuelinks website;
- otherwise do anything that it is not expressly permitted by the terms of this “Terms of Use” document.
You will be solely responsible for all matters related to the content, operation and maintenance of your Publication website including, but not limited to:
- creating and posting Merchant descriptions and links on your Publication
- credibility and authenticity of the content, views, experiences and ideas expressed viz-a-viz. products and/or services of the Merchants;
- the accuracy and appropriateness of all materials posted on your Publication (including, but not limited to, all information regarding Merchants and Merchants' products and/or services)
- any purchase made by a visitor through links posted by you or any loss, damage or harm caused due to such purchase made or action taken upon by virtue of the advice or idea posted on the Publication website;
- inconvenience caused to your visitors/prospective buyers by reason of any broken links posted on your Publication website. You also represent and warrant that you shall comply with all rules, regulations and guidelines applicable to your operation and use of our Service, including, without limitation, those regarding the disclosure of a material relationship inherent in the links on your Publication website.
- Please Note :
- Publishers must disclose all traffic sources both during sign-up and whenever requested by the Cuelinks team.
- Incomplete or unverifiable traffic information may lead to :
- Denial of campaign access (especially for approval-based campaigns)
- Blocking from specific campaigns in case of suspicious activity
- Publishers running multiple campaigns must provide full promotional details within 7 working days.
- Unusually high conversion rates (CR) may trigger traffic verification. Failure to respond or confirmed fraudulent activity may lead to account suspension.
- All requested traffic information must be submitted via email within the specified timeframe.
The Publisher hereby indemnifies and keeps indemnified, saved, defended and harmless on full indemnity basis Cuelinks and all persons claiming under Cuelinks (“Indemnified Persons”), from and against all losses and/or damages arising as a result of any notices, proceedings, litigations, claims, penalties, demands, causes of action, judgments, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may allegedly arise out of, in whole or in part from, breach by the Publisher, directly or indirectly, of the obligations and conditions contained in this Clause.
General
Cuelinks collects and aggregates amounts payable by Merchants for Qualifying Events attributed to a Publisher and disburses to the Publisher the applicable payout in accordance with the payout structure communicated via the dashboard, campaign pages or by written / electronic notice. Payout structures may vary by campaign, Merchant, traffic source, geography or other commercial factors and may be revised by Cuelinks at its discretion in accordance with applicable law.
All payouts are subject to:
- Validation cycles (currently Net-60 days, unless otherwise notified);
- Adjustments, including chargebacks for cancelled, refunded or invalid events; and
- Statutory deductions, including Tax Deduction at Source (TDS).
A minimum payout threshold (e.g. ₹ 500) may apply. Payouts are released by bank transfer to the Publisher’s designated account once the threshold is met and the payout has been validated and collected from the Merchant.
Tax Deduction at Source (TDS)
All payouts by Cuelinks are subject to deduction of tax at source in accordance with the applicable indian provisions of the Income-tax Act, 1961, as in force from time to time.The applicable rate and the relevant section will depend on the nature of the payout (for example, advertising / media services vs. pure referral) and the payee’s tax status.Cuelinks will deposit the tax so deducted with the Government and issue the prescribed TDS certificate within the statutory timelines.All payouts will be disbursed net of such deductions.
Chargebacks
If a Qualifying Event is subsequently cancelled, refunded, reversed or deemed fraudulent by the Merchant, the Merchant may reverse the corresponding payment to Cuelinks.Any payout already made to the Publisher for such an event will be adjusted against future payouts or must be repaid by the Publisher within 15 working days of notification.Where TDS has already been deposited, adjustments will be made net of TDS as per law.
Intellectual Property Rights of Cuelinks(“Intellectual Property”) shall mean any and all intellectual property or proprietary rights of Cuelinks, including any and all rights over all its data, information, techniques, methodologies and materials, computer programs, javascript code software, source code of the Cuelinks program, object code, and shall include all rights as applicable relating to any copyright (including rights in audio visual works), trademarks (including logos, slogans, domain names, trade names and service marks), patents (including patent applications and disclosures), designs, proprietary rights and trade secret rights, recognized in any country or jurisdiction in the world.
The Publishers shall not be permitted to, directly or indirectly:
- distribute, transfer, sub-license, rent, lend, transmit, sell, re-circulate, assign, lease, re-sell, publish or otherwise make available all or any portion of the Intellectual Property;
- copy, translate, convert, decompile, alter, enhance, disassemble, modify, change, or create derivative works or further develop the source code contained in the Cuelinks program or that contained in the Code;
- reverse engineer, reverse assemble, reverse compile, or otherwise translate such computer program(s) or the Code;
- interfere with the operation of the Service or otherwise attempt to discover the source code contained in the Cuelinks programs or that contained in the Code;
- use our programs or the Code (or any of them) for any illegal purpose or in any manner inconsistent with or not permitted by this Agreement.
- infringe or attempt to infringe in any manner, all or any portion of the Intellectual Property;
- use the Service in any way other than as expressly set forth herein; All rights, titles and interests in the Intellectual Property along with all the improvements, developments and derivative works thereof, together with all intellectual property rights embodied therein, shall, for all purposes, be deemed to be, at all times, the property of Cuelinks. You will have no rights with respect to the foregoing except for the limited license expressly granted herein.
The Merchants associated with Cuelinks may be protected by intellectual property laws of India or a country outside India. Your attempt to modify, copy, distribute, transmit, resell, redistribute, broadcast, display, perform, reproduce, publish, license, frame, transfer, or otherwise use in whole or in part, any intellectual property belonging to such Merchants, or relating to the products and services offered by them, may subject you to infringement consequences in accordance with the policies of such Merchants which may be enforced by them in India or outside India. Cuelinksis not and shall not be bound by any consequences arising by virtue of the Publisher infringing or attempting to infringe the intellectual property of such Merchants. You hereby agree and undertake to be solely responsible in this regard, in the event of claims or disputes which may arise by Merchants alleging infringement of intellectual property by Cuelinks.
The Publisher hereby indemnifies and keeps indemnified, saved, defended and harmless on full indemnity basis Cuelinks and all persons claiming under Cuelinks (“Indemnified Persons”), from and against all losses and/or damages arising as a result of any notices, proceedings, litigations, claims, penalties, demands, causes of action, judgments, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may allegedly arise out of, in whole or in part from:
- Breach by the Publisher, directly or indirectly, of the obligations and conditions contained in this Clause; infringing in any manner or attempting to infringe in any manner the intellectual property right of the Merchants associated With Cuelinks; Merchants alleging infringement by Cuelinks of their intellectual property. MOBILE APPLICATIONS
For your information we may mention that in order to enhance the overall experience of our customers, Cuelinks is in the process of developing a unique mobile application of Cuelinks for smart phones and other communication devices (“Cuelinks App”). Such application will provide you with convenient access to your Cuelinks account and other Merchant details required by you. The mechanism will allow you to install the java script code on your mobile phones and the Cuelinks App will work in a similar manner as the one accessed by you on your computer/laptop/tablet vis-a-viz. converting merchant links into affiliate links, maintaining account of payout receivable and other payouts, etc.
Cuelinks in this regard, disclaims any liability, damage, loss or harm which you may suffer, directly or indirectly by virtue of:
Harm caused to your mobile or any other communication device by download of any contaminated / destructive viral elements or any content accompanied by such download; OR
Purchase of product/ services from the mobile application download Claims made on Cuelinks for refund of charges paid in relation to such paid mobile applications
The Publisher hereby indemnifies and keeps indemnified, saved, defended and harmless on full indemnity basis Cuelinks and all persons claiming under Cuelinks (“Indemnified Persons”), from and against all losses and/or damages arising as a result of any notices, proceedings, litigations, claims, penalties, demands, causes of action, judgments, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may allegedly arise out of, in whole or in part from:
- failure by the Publisher to install the Javascript Code provided to the Publisher on registration, for any reason whatsoever;
- access of the Publisher’s Website gained by Cuelinks to overwrite links shared by the Publisher
- harm of any nature whatsoever, caused to the Publisher’s computer system or loss of any data or system slow-down experience by the Publisher, by virtue of downloading or installing the Code or any other content available on our Website;
- sharing or disclosing its login details or API key with any other person;
- loss or damage caused to the Publisher as a result of Website slowdown, unexpected crashes, slowdowns or any similar technical or system errors. purchases made the user through affiliate links other than Cuelinks used by the Publisher;
- breach by the Publisher, directly or indirectly, of the obligations and conditions contained in the Section “Intellectual Property” and “Responsibility of Publishers” of this Terms of Use document;
- non-payment of payout payment by Cuelinks by reason of a purchase being malafide or failure by the Merchant to render Cuelinks, such payout payments or both;
- compensation demanded by the Publisher for chargebacks issued by the Merchants; delay or failure by Cuelinks to intimate chargebacks to its Publishers, due to high internet traffic, transmission problems, telecommunication system failures or errors or any other force majeure event;
- any third party claims arising out of Publisher’s use of our Service in any other manner than in accordance with the terms and conditions of this Agreement; breach by the Publisher of any of its obligations under the terms and conditions of this Agreement.
Publishers indemnify and keep indemnified Cuelinks and its officers, employees and affiliates against all losses, damages, claims, penalties, costs and expenses (including reasonable legal fees) arising out of:
- Breach of these Terms;
- Misuse of Cuelinks’ Code, API or Intellectual Property;
- Any content, traffic or promotional practices of the Publisher;
- Failure of a Merchant to pay Cuelinks; or
- Any third-party claims arising from the Publisher’s use of the Service.
Cuelinks shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. Cuelinks shall have no responsibility to provide you access to our Website whilst such unforeseen delays or interruptions continue.
- Audit Response Requirement
Cuelinks may conduct audits or compliance checks in response to suspicious activity, merchant complaints, or policy violations.
Publishers must provide complete promotional details within 7 working days of such a request.
Failure to respond, or evidence of fraud, can result in campaign blocking or account suspension.
