Cuelinks Terms & 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. Our Merchants reward Publishers in the form of commission whose links are converted into actual purchase, by the visitor. The commission so mentioned is only payable in the event of an actual and bona-fide purchase made by a visitor. Cuelinks shall at no time be liable to make any payments in the form of commission by virtue of mere ‘clicks’ by the visitor, on the Merchant link through the Publisher’s website, or visiting, re-visiting the Merchant Website by such visitor. 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. For details of commission and payment procedure kindly refer to the 'Commission and Payments' Section of this Terms of Use document.

On successful registration of the Publisher with Cuelinks, the Publisher would receive the Code from Cuelinks along with a detailed guide for installation and the use of the Code. The Publishers get automatically connected to all the Merchants associated with Cuelinks, without the Publisher having to individually apply to each such Merchant. The Cuelinks account provides the Publishers with a dashboard that facilitates detailed insights into the most clicked Merchant link, individual revenue earnings (EPC, Conversion rate) from each Merchant, details of payouts etc.

For using the service offered by Cuelinks, the Publisher will be required to ensure that the content along with the links posted on their Publication website are not malafide, bogus or unauthentic. For details regarding the Dos’ and Donts’ to be followed by the Publisher, please refer to the Section titled "Responsibility of Publishers" in this Terms of Use document.

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:

The aforementioned services (“Service”) provided by Cuelinks shall be subject to adherence by the Publisher of the terms and conditions of this Terms of Use document, which may be updated by Cuelinks from time to time. If any material change has been introduced by us, we shall notify the same to you via email. We however, advise you to revisit the link “Terms of Use” on our Website periodically, to stay abreast of any changes that we may introduce. No knowledge of the update shall not be an excuse for not adhering to the updated Terms of Use

In order to use our Service you must be a registered Publisher. You may complete the registration process at https://www.cuelinks.com/signup Cuelinks would require the following information from you in order to register you as a Publisher in Cuelinks’ network:

We understand your concern about your personal information. To know in detail about our practices in relation to securing confidentiality of the information that we collect from you, please read our “Privacy Policy” section on our Website. Cuelinks will evaluate all registration applications for suitability to receive access to the Service in its sole discretion and will inform the Publisher via email, if the registration application has been approved. If yes, Cuelinks will provide the Publisher with the Code to be added to your Publication website in order to enable installation of the Cuelinks Software on your Publication.

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.

INTELLECTUAL PROPERTY

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:

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:

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 commission 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

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:

You will be solely responsible for all matters related to the content, operation and maintenance of your Publication website including, but not limited to:

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.

Cuelinks has a wide network of Merchants who enter into affiliate programs with our registered Publishers. Our Merchants remunerate us a commission basis for managing their affiliate network and generating sales generated through links posted by our registered Publishers. By using our Service you hereby understand and acknowledge that:

Cuelinks uses its sole discretion in determining which Merchants that will be affiliated with it; Cuelinks uses its sole discretion in determining the number of Merchants that will be affiliated with it; Cuelinks may access your Publication website and content to re-write links on the website from one Merchant to another in order to obtain the best value for you;

Merchants determine the basis of their commission structures payable to Cuelinks and Cuelinks accordingly determines the component payable to its Publishers. The Merchants may change, modify or renew their commission structures. The commission payable to you in this regard by Cuelinks or the commission structure initially agreed upon may also undergo change or modification, at the sole discretion of Cuelinks. Such change will be notified to you by email. For details regarding the commission and payment structure, please refer to Section “Commission and Payments” of this Terms of Use document. Merchants may terminate their involvement in the Service (generally or solely with respect to a specific Publisher) at any time. Cuelinks will have no control over or any liability in connection with any Merchant's decision to do so.

Merchants may at any time send Cuelinks a notice requesting that their links or references be removed or deactivated with a particular Publisher. Such dis-association by the Merchant shall be communicated to you. You will be unable to monetize such Merchant’s links posted on your Publication website and Cuelinks will not be liable to pay you any commission by virtue of any purchase made by a visitor with such Merchant.

A Merchant may with or without any prior intimation to Cuelinks, opt out of Cuelinks’ affiliate network or may altogether cease to carry on its operations. Such dis-association by the Merchant shall be communicated to its Publishers, if the same has been duly intimated to Cuelinks. Cuelinks shall in no event be liable for loss of profits, loss of business, depletion of goodwill, loss of anticipated saving, notional loss of profits or similar losses by reason of failure by Cuelinks to intimate its Publishers of such dis-association. The commission and pay-outs in such an event shall be dealt with in the following manner;

Notwithstanding referrals converted into actual sales through the Publisher’s website, nothing contained herein would render Cuelinks liable to pay any commission to its Publishers, if such commission has not been duly paid by the Merchant to Cuelinks or if Cuelinks has reason to believe that such outstanding commission is no longer recoverable from the Merchant(s). Cuelinks shall also not be liable for any loss, harm, liability or damage suffered by the Publisher, directly or indirectly, in this regard.

By using our Service you understand and acknowledge that the commission structures of each of our Merchants vary and are subject to different payment policies. Modifications (if any) which may be introduced in your commission structure could arise out of a subsequent change in a Merchants’ payment policy which is at their sole discretion Nothing contained herein would obligate Cuelinks’ involvement in any dispute arising in this regard, in any manner whatsoever.

At Cuelinks we follow a simple and a transparent payment mechanism. We collect and aggregate all commissions due to you, from one or various Merchants. We pay you 75 percent of the commission we receive, from Merchants, on account of referrals converted into actual purchases from your Publication. You can always see your payouts under ‘Merchants’ tab in your dashboard panel of your Cuelinks account.

Cuelinks manages your affiliate links and takes care of your payouts with each such Merchant. We follow the Net60 validation cycle. Cuelinks would collect and aggregate all your commissions, due from our Merchants, and pay you your share. Cuelinks only pays the publishers based on amount collected by Cuelinks from respective merchants. We have the following options available for making payments:

Direct bank transfer

Only once you reach a minimum of Rs. 500 as aggregate commission (payable to you by referrals of one or more Merchants taken together), you would be entitled to receive commission from Cuelinks in a given payment cycle. As you reach the threshold limit, you would be contacted by us via e-mail or telephone for necessary details. Nothing contain herein must be construed to mean that commission would be payable merely by obtaining registration with Cuelinks. Cuelinks will not be liable to pay any commission until a bona-fide purchase is made by a prospective user/buyer after having reviewed and used the link posted and shared by you on your Publication. Further, no payment may be made until a threshold limit of Rs. 500 commission per month is reached. The decision as regards a transaction being bonafide shall be that of the Merchant and shall be final and binding upon the Publisher.

If visitors/customers have configured their browser such that it cannot accept cookies or run Javascript, or the required technology is unable to execute in the usual manner, Cuelinks will be unable to treat such visitors/customer as having been referred by the Publisher and the Publisher will not receive Commission for any such blocked referrals.

If a Merchant in the event of a sale, through your Publication, has any reason to believe that the sale so made is fraudulent, bogus or mala-fide, he may cancel or reverse, as the case may be, the commission payable to Cuelinks, in relation to the sale in question. Also, it may so happen that the customer may be refunded his purchase money, in accordance with the Merchant’s website policy due to one or more reasons such as dis-satisfaction of the product/service received or faulty/wrong order delivered, or any other reason whatsoever. In such a case also, the commission accruing to Cuelinks’ account by the Merchant may be cancelled or reversed. The cancellation or reversal of the commission payable to Cuelinks is referred to as “Chargebacks”.

Chargebacks are generally communicated to Cuelinks by its Merchants, on or before the 60th day on which the purchase was acknowledged by the Merchant. On such an event occurring, the Publisher will be immediately notified of such cancellation or reversal of the commission due and payable to the Publisher. However, sometimes Chargebacks may or may not be communicated by the Merchant to Cuelinks. You understand and acknowledge that in such cases, Cuelinks will not be able to inform you of the Chargebacks issued by the Merchants. Cuelinks shall however intimate you of non-receipt of commission due from the Merchant, as and when amount is due and not received by Cuelinks. Cuelinks shall not in such a case be liable to reimburse or refund on the Merchant’s behalf, any sum which may be due to you as commission.

Additionally, in the event of a Chargeback being wrongly issued on you, you may communicate the same to us via e-mail for redressal.

In the event of delay in intimation to the Publisher by Cuelinks or non-receipt of intimation released by Cuelinks due to high internet traffic, transmission problems, telecommunication system failures or errors or any other Force Majeure event, Cuelinks will not be liable to pay the Publishers any damage, loss, liability or expense which may have been incurred, suffered or borne by the Publisher in that regard, or any compensation for loss of profits, loss of business or notional loss of profits.

In some cases, chargebacks are communicated by the Merchants after the transaction has been confirmed as ‘validated’ and the commission for such transactions is paid by Cuelinks. Cuelinks will immediately notify the Publisher of such chargebacks or cancellation of transactions. Such excess cashback paid by Cuelinks to the Publisher is required to be repaid by the Publisher to Cuelinks within 15 working days from the date when the Publisher is notified of such chargeback. In case, the Publisher defaults in making the payment of excess commission or refuses to repay the commission within the aforementioned time frame, Cuelinks reserves all the rights to recover the commission from the amount pending to be paid by Cuelinks to the Publisher or by taking legal action or any other legal remedy against the publisher, as Cuelinks may deem fit.

As a result of high internet traffic, transmission problems, system capacity limitations, and other problems, you may, at times, experience difficulty accessing the Cuelinks website or communicating with Cuelinks through the internet or other electronic or wireless device. Any computer system or other electronic/mobile device used to access the Cuelinks Website can experience unanticipated outages or slowdowns, or have capacity limitations. Your uninterrupted and satisfactory use of our website shall to a great extent depend on your internet service provider, uninterrupted internet connection on the computer /laptop or data network/ Wi-Fi connection. Cuelinks does not guarantee continuous, uninterrupted or secure access to its website. We therefore advise you to check and have in place the requisite internet and wireless connections to ensure uninterrupted use and access to your Cuelinks account on our Website

Cuelinks shall not in any manner be liable for any loss or damage caused to the Publisher as a result of Website slowdown, unexpected crashes, bugs or any other technical or system errors.

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:

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.

This Agreement will commence upon the Publisher’s Cuelinks application being duly approved by Cuelinks and will continue until terminated by either by the Publisher or Cuelinks, upon a prior notice of at least 7(seven) working days to the other party. In the event of termination of this Agreement, for any reason other than breach by the Publisher of the terms and conditions of this Agreement, Cuelinks will pay the outstanding commission due and payable to you in respect of referrals converted into actual purchases through your Publication website. Notwithstanding your termination, such payment will be made to you in terms of the Net60 payment cycle, viz. at the end of 2 months from payment of commission previously paid to the Publisher by Cuelinks. The amount of commission paid to the Publisher shall be at the sole discretion of Cuelinks after having given due regard to the referrals converted into actual purchases and commission received by Cuelinks from the Merchants in that regard.

Upon termination of this Agreement for any reason, you shall immediately cease use of our Service and promptly remove and destroy form your Publication website all instances of our Service and/or any other information related to our Intellectual Property in your profession.

The terms of this “Terms of Use” document are exclusively based on and subject to the laws of India. You hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, India in all disputes arising out of or relating to the use of this Website.