1. INTRODUCTION:
Thank you for visiting the Platform– The simplest way to share Affiliate earnings with Buyers (also referred to as “Customers”). This document is an electronic record in terms of the Information Technology Act, 2000, and applicable laws (hereinafter referred to as the “Agreement”). These Terms constitute a binding and enforceable legal contract between Profit Share bearing URL: https://www.profitshare.in/ (hereinafter referred to as the “Platform”, “We”, “Us”, “Our” and includes its respective legal heirs, representatives, administrators, permitted successors and assigns) and a User (also referred to as “You”, “Your”, “His/Her”, “Him/Her”, “Yourself”, “Member”) of the Services.
The Platform is operated and owned by Pouring Pounds India Private Limited. The Platform allows You to distribute deals from different Retailers (hereinafter also referred to as the “Partner”, and “Retailer”) and share profit with Buyers. It is a Platform to encourage affiliate marketing for the benefit of you, the Retailer, and the Buyer by sharing customized profit links of various Retailers listed on the Platform.
2. GENERAL:
A. The Terms and Conditions (“Terms”), inclusive of the Privacy Policy and any other relevant terms found on earnpe portals, are applicable and binding. Users agree to adhere to these Terms, which may be amended or replaced, by utilizing our services. By doing so, users confirm acknowledgment and acceptance of the Terms and Privacy Policy. It is essential to thoroughly read and understand these Terms before using the Platform or its services. Non-acceptance of any Term warrants refraining from using the Platform or its services.
B. The headings and subheadings within these Terms are provided for convenience and identification purposes only; they do not describe, interpret, define, or limit the scope, extent, or intent of these Terms or the users’ rights to use the Platform or any of its sections or pages. These Terms supersede all previous oral and written terms and conditions communicated to you.
C. You acknowledge that the Platform does not engage in the sale or purchase of goods/products and cannot ensure the quality or merchantability of items purchased or services availed. We function solely as a facilitator, acting as a liaison, and do not participate in or control transactions between you and Buyers. We bear no liability for mediating or resolving conflicts between you and Buyers. Additionally, the Platform does not endorse or guarantee the accuracy, reliability, or quality of products, services, or information provided by Retailers or third parties. Any statements or representations made by Retailers or third parties are their own, and transactions with them are solely between you and the respective Retailer, with you assuming all associated risks.
D. We are not held accountable for the acts or failures of the Sellers, or for any breach of terms, representations, or guarantees by the Seller. We do not sell or retail any products and do not guarantee that the Seller will perform their obligations in relation to the transactions concluded on the Platform. We also explicitly disclaim any implicit or explicit guarantees or depictions regarding the quality, safety, merchantability, fitness for a particular purpose, or legality of the products listed and transacted on the Platform.
E. Be sure to visit this page periodically to review the most recent version of the Agreement.
F. We will also notify you of material changes (if any) to these Terms by placing a pop-up on Our Platform.
G. The Platform may include links to third-party and/or Retailer websites or content for user convenience. However, we neither endorse nor control the content, products, or services provided by these entities. Your use of third-party websites or engagement with their content is at your discretion and risk. Additionally, while we endeavor to provide accurate product information, we do not guarantee the accuracy, completeness, or reliability of product/service descriptions, pricing, or other information on the Platform. It is your responsibility to verify the accuracy of such information before utilizing our services.
H. While we make efforts to ensure the functionality and availability of the Platform, we do not guarantee uninterrupted, error-free, or secure access to the Platform. Technical issues, maintenance activities, or other factors may cause interruptions, delays, or errors. We disclaim all liability for any losses or damage resulting from such interruptions or technical issues.
I. You further acknowledge and consent that you are accessing and transacting through this Platform at your discretion and risk, and that you are exercising your best and reasonable judgment before entering into any transaction through the Platform.
J. We assume no responsibility for any errors or inconsistencies made by Platform or third parties.
K. We shall not be held liable for any failure to execute, or violation of any contract agreed into between Buyer and you.
L. It is recommended that you thoroughly read the description of the product or service before sharing the customized profit link with the Buyer(s).
M. In the event that any deal is displayed at an incorrect profit percentage or with inaccurate details as a result of a typographical error or error in the content of the deal understanding received by the Retailer, we reserve the right to reject or revoke any orders placed through such deals whether the purchase was a Qualified Purchase.
N. All text, images, videos, interfaces for users, visual interfaces, pictures, trademarks, logos, sounds, music, design papers, and artwork on the Platform are an amalgamation of third-party material and our content. We have no control over such third-party user-created material since we are only an intermediary. If any of the third-party content violates any person's Intellectual Property, you will be entirely liable for the expenses incurred, and we will not be responsible for their actions.
O. Without Our express prior written consent, you may not use such content or reproduce, republish, upload, post, publicly display, encode, translate, transmit, or distribute it in any way (including "mirroring") to any other computer, server, Website, or other medium for publication or distribution, or any commercial enterprise.
3. ELIGIBILITY & REGISTRATION
A. Eligibility:
You can log in on the Platform if you are compliant with the following:
i. You are an existing approved member of www.earnpe.com as per the agreed terms https://earnpe.com/terms-conditions
.
ii. You must be a natural person i.e. should have a separate legal entity.
iii. You hereby represent and warrant to us that You are at least eighteen (18) years old or older and capable of entering, performing, and abiding by these Terms, and that You agree to be governed by the terms and conditions set out below. Individuals under the age of 18 may use the Platform, but only with the assistance and direction of their parents and/or legal guardians, and only under such Parental /Legal guardian's registered account. You have the right, authority, and capacity to use the Platform.
B. Registration:
a) To log on to the Platform, you shall provide your updated and correct mobile number (“Registered Mobile Number”) with which you are registered on www.earnpe.com. In case you are not registered on www.earnpe.com, you shall not be allowed to access the Platform and avail of the services.
b) You shall log in to the Platform only after you provide the OTP generated by providing your Registered Mobile Number.
c) While registering on the Platform, you shall:
i. provide accurate, up-to-date, and correct information.
ii. Do not authorize others to use your account, except in the case of a parent or legal guardian. You may not share, assign, or otherwise transfer your account or login information or any other credentials to any other person or entity.
iii. be responsible for any activities that are conducted through your account.
d) You must ensure that the Registered Mobile Number we hold in your name is kept up to date with correct details and that you have full access to it. We will be sending you important updates via SMS, calls, WhatsApp & emails. If you change or do not have access to the above modes of communication, you shall be responsible for informing us about the same.
e) User verification on the Platform is mandatory. Users agree to maintain the secrecy of their OTP and Registered Mobile Number, and not to use anyone else's credentials without permission. Users are responsible for the security of their transactions/activities done using it. We shall not be liable for any losses or distress caused by unauthorized use of user credentials.
f) Users must promptly report any unauthorized use of their OTP or user ID/Registered Mobile Number and ensure they log out after each session on the Platform. We are not liable for any harm or expenses resulting from the user's failure to comply with this obligation.
g) We reserve the right to terminate your account and/or deny access to the Platform if it is brought to our attention or discovered that you are under the age of 18 years and accessing the Platform without the assistance and direction of a parent and/or legal guardian.
h) Membership on the Platform is provided free of charge. We do not impose any browsing fees for accessing the Platform. However, please note that we reserve the right, at its sole discretion, to introduce new services or modify existing services offered on the Platform.
4. OUR SERVICES
A. We allow Users, via the profit-sharing mechanism, to share products and/or services enlisted on the Platform along with the chosen amount of profit set by the User, with the Buyers.
B. The User while sharing a product and/or services with the Buyer shall adhere to the following:
i. Offer details: Go through and review the about section of the offer including terms & conditions, profit related, about the Retailer, fees & list of charges, documents needed, eligibility criteria, or any other section available on the Retailer’s store page.
ii. Rate of profit: The User must set a flat amount or percentage of Profit to be shared with the Buyer before generating the customized profit link.
iii. Profit tracking: You shall go through the profit tracking mechanism provided on the Retailer’s product page.
C. The Members can share these customized profit links with their friends, family, and other potential customers via WhatsApp, Telegram, and any other mode of communication approved by us.
D. You may, under the “Make Link” section on the Platform, paste the link of a product and/or service, obtained from the Retailer’s website and convert the same to a customized profit link.
E. To qualify for receiving profit, the Retailer shall confirm that the Buyer’s purchase through the customized profit link is tracked, genuine, successful, and is not returned/refunded/rejected/cancelled (constituting a “Qualifying Transaction”). After the Retailer confirms the transaction to be a Qualified Transaction, the service fee is paid to us by the Retailer against which we distribute the profits to you and the Buyer as per the rate set by you.
F. You understand that if we do not get paid by the Retailers for Qualifying Transactions, then no Profit is due to the Member as well as to the Buyer.
5. USER OBLIGATIONS
A. You are a restricted User of this Platform.
B. You agree not to duplicate, distribute, edit, reproduce, reverse engineer, disseminate, post, publish, or make derivative works from any information or software received from the Platform, transfer, or sell it. With Our prior written approval, restricted usage may be permitted.
C. To avoid misunderstanding, it is clarified that limitless or wholesale reproduction, copying of the material for commercial or non-commercial reasons, and unauthorized alteration of data and information within the Platform content are not authorized.
D. You agree not to access (or attempt to access) the Platform and/or the contents or services using any means other than the Platform’s interface. The use of a deep link, robot, spider, or another automatic device, the program, algorithm, or any similar or equivalent manual procedure, to access, acquire, copy, or monitor any portion of the Platform or content, or to reproduce or circumvent the navigational structure or presentation of the Platform, materials, or any content, to obtain or attempt to obtain any materials, documents, or information through any means other than those expressly made available through the Platform. Further, You may report such offensive content by sending us an e-mail at [email protected]
E. You hereby agree not to access another User’s account or post as another User through an account not owned by You.
F. In the event You can view another User’s account and confidential information, You are required to send an email to Us notifying Us of the same immediately on [email protected]
G. You hereby agree not to provide information about the functioning of the Platform on any public forum.
H. We can (and you expressly grant us to) reveal any information about you to law enforcement or other government officials as we, in our sole discretion, deem necessary or suitable in connection with the investigation and/or resolution of potential crimes, particularly those involving personal injury. You acknowledge that we reserve the right to share any information (including the identities of anyone supplying information or materials on the Platform) as necessary to comply with any law, regulation, or legitimate governmental request. This includes but is not limited to, disclosing the information in conjunction with an investigation of alleged unlawful behaviour or solicitation of criminal action, as well as in response to a legitimate court order or subpoena.
I. Users shall not engage in any activity involving bulk buying, fraudulent transactions, fraudulent referrals (including self-referrals and referrals to other accounts), abuse or exploitation of any programs on earnpe, requests by enforcement or government agencies, potential legal liabilities, infringement of the intellectual property rights of any third party, actions inconsistent with our policies, or harassment of any third party. Such actions shall constitute grounds for termination.
6. PAYMENT
A. User and Buyer shall be eligible for Profit only after the Buyer completes a Qualified Transaction.
B. Upon successful transaction/application, through the customized profit link, once the tracking time mentioned on the Retailer’s store page has lapsed, your account will reflect a “pending profit.” Pending profit indicates that your earnings have been recorded and will be confirmed at the Retailer's discretion or by the Retailer’s expected date.
C. Once the Retailer/bank reconciles transactions and provides us with the report of Qualified Transactions including your transaction as well, the pending profit status will be updated to “confirmed profit.”
D. Once the profit status in your account displays “confirmed”, within 3 business days we will update it as “added to earnpe” enabling withdrawal via your earnpe account linked to your Registered Mobile Number.
E. For redemption of the Confirmed profit, you must login to your respective account on earnpe with accurate and current information as per earnpe’s terms and conditions. You may “Request Payment” on earnpe but in order to withdraw the profit amount, the amount must be equal to or greater than ₹10. When providing bank account, UPI, or other payment method details ("Profit Receipt Method"), you must ensure entitlement to use it and confirm receipt preference. Keep this information updated in your earnpe account.
F. You shall be able to access the Reports on the Platform which provides insight on but not limited to, the total earnings, pending profit, confirmed profit, earnings breakdown, and other reports to assess the performance of the customized profit links shared.
G. We reserve the right to cancel pending or confirmed profit, withdrawal requests, or withhold payments indefinitely for unethical behaviour, fraud (including self-referral), or mass purchases by you.
H. The Retailers may at their discretion adjust profit payouts periodically, affecting illustrated profit offers on our Platform and, consequently, your profit percentage.
I. Furthermore, we are not liable if a transaction cannot be traced back to a user due to technical errors or if it does not qualify as a Qualifying Transaction for any reason.
J. We reserve the right to modify/change all or some of the conditions of the profits offered without attributing any cause or informing you in any way.
K. Your transactions will typically be credited based on the service fee reported to us by the Retailer, which may vary from the advertised rate.
L. The Platform has the right to recover all unduly paid Profit which the member is not entitled to earn, through legal proceedings.
M. We shall not be held responsible in the following scenarios:
i. If a transaction with a Retailer does not qualify as a Qualifying Transaction, resulting in no profit for the User or Buyer.
ii. If the Retailer fails to report a sale/application to us or disqualifies a transaction as a Qualifying Transaction, resulting in no payable profit.
iii. In case of discrepancies between expected and actual profits received by you or the Buyer.
iv. If, due to technical or other errors, we cannot trace a sale back to the Member or qualify the transaction as a Qualifying Transaction for any reason.
v. Chasing missing profit claims, especially where no purchase/application has been made.
vi. If the Retailer deems a purchase as not genuine and no service fee is received for the transaction to us, neither the User nor the end Buyer will receive any profit.
7. RELATIONSHIP BETWEEN THE PARTIES
The relationship between the Platform and you are that of independent entities. Nothing in this Agreement creates or implies any partnership, joint venture, agency, employment, or franchise relationship between the parties. You shall have no authority to bind or obligate us in any manner. Each party retains full control and discretion over its activities and operations. Furthermore, you acknowledge that you are not exclusive to us and may engage with similar or competing platforms or entities. The rights and obligations outlined in this Agreement are solely for the purposes outlined herein and do not extend beyond the scope of this Agreement.
8. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
A. The Platform, services, and other materials provided by this Platform are on an "as is" basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose.
B. To the maximum extent permitted by applicable law, we will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. The Platform also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any user content.
C. You acknowledge that through this Platform, we merely act as a facilitator, to facilitate the highest quality services to you. We do not warrant that the functions contained in the Platform will be uninterrupted or error-free, that defects will be corrected, or that the Platform or the servers that make it available are free of viruses or other harmful components but shall endeavour to ensure your fullest satisfaction.
D. We shall not be held responsible for the non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond our control. You understand and agree that any material and/or data downloaded or otherwise obtained through the Platform is done entirely at your discretion and risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material and/or data.
E. We shall be liable for direct loss or damage only, whether in contract, tort (including negligence, breach of statutory duty, or other tort) or otherwise, and whether caused by our act or omission or that of our employees, agents, or subcontractors. The aggregate liability of us and the affiliated parties in connection with any claim arising out of or relating to the Platform and/or the products, information, documents, and services provided herein or hereby shall not exceed Rs 500/- and that amount shall be instead of all other remedies which you may have against us and any affiliated party to us.
9. INDEMNITY
A. You hereby indemnify and keeps indemnified, saved, defended, and harmless on a full indemnity basis the Platform and all persons claiming under us (“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:
i. harm of any nature whatsoever, caused to the Platform or loss of any data or system slow-down experience on the Platform, by downloading or installing any code or any other content on the Platform by you.
ii. sharing or disclosing its login details with any other person.
iii. Loss or damage caused to you as a result of the Platform slowdown, unexpected crashes, slowdowns, or any similar technical or system errors.
iv. Non-payment of profit by the Platform because of a malafide action or failure by the retailer to render the Platform, such service fee, or both.
v. Any third-party claims arising out of your use of our Platform in any other manner than by the terms and conditions of this Agreement.
vi. Breach committed by you of any of its obligations under the terms and conditions of this Agreement.
B. Though we take the utmost care and the most stringent measures to ensure that the information present on the Platform is accurate and up to date, we do not take any liability for any error or omission or any loss arising from the same.
10. GOVERNING LAW AND DISPUTE RESOLUTION
A. These Terms shall be governed by and construed by the laws of India. Any dispute, controversy, or claim arising out of or relating to this Agreement, including its formation, interpretation, performance, or termination, shall be exclusively resolved by the courts of New Delhi, India.
B. In the event of a dispute, the parties shall first attempt to resolve the matter amicably through good-faith negotiations. If such negotiations do not result in a resolution within a reasonable period, either party may initiate legal proceedings under the governing law and jurisdiction specified herein.
C. Both parties agree to submit to the personal jurisdiction of the courts of New Delhi to litigate any such dispute, controversy, or claim. We, in any such dispute, shall be entitled to recover its reasonable attorneys' fees and costs incurred in connection with resolving the dispute.
11. LIMITED ACCESS
A. Certain sections of our Platform are restricted. We retain the right, at our discretion, to limit access to other portions of our Platform or our whole Platform.
B. If we discover any data leaks, we will deactivate your account without prior notification or explanation.
12. COMPLIANCE WITH APPLIABLE LAWS
The parties agree that they shall at all times and at its own expense (a) strictly comply with all applicable Indian laws, rules, regulations, and governmental orders, now or hereafter in effect, relating to the performance of this Agreement;, (b) pay all fees and other charges required by such laws, rules and regulations and orders; and (c) maintain in full force and effect all licenses, permits, authorization, registrations, and qualifications from all Indian Governmental departments and agencies to the extent necessary to perform its obligations hereunder.
13. INTELLECTUAL PROPERTY RIGHTS
All the intellectual property used on the Platform (including the content) by the Platform, service providers, or any third party shall remain the property of the Platform, service provider, or any other third party, respectively, as the case may be. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Platform or features that prevent or restrict the use or copying of any materials or enforce limitations on the use of the Platform or the materials therein. The Platform is protected to the maximum extent permitted by copyright laws, other laws, and international treaties. Content displayed on or through the Platform is protected by copyright as a collective work and/or compilation, under copyrights laws. The materials on the Platform or otherwise must not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted, or transmitted in any form or by any means by you, including but not limited to, electronic, mechanical, photocopying, recording or other means.
14. ASSIGNMENT
You shall have no right to assign or transfer any rights covered under these Terms, by operation of law or otherwise, except by our prior written consent. Transfer of any terms of this Terms, without our consent, will be null and of no effect. However, we reserve the right to transfer at its sole discretion any terms or every term of this Terms without restriction/obligation of any kind.
15. SEVERABILITY
If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision, and all other provisions of this Terms shall continue to be in full force and effect.
16. WAIVER
A. No provision of these Terms shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by us.
B. Any consent provided by us, or a waiver by us of any breach committed by You, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
17. FORCE MAJEURE
Notwithstanding anything to the contrary contained herein, we shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, business slowdown, pandemic, epidemic, acts of war, or terrorism, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labour difficulties or civil unrest.
18. NOTICES
All notices and communications shall be in writing, in English, and shall be deemed given if delivered personally or by commercial messenger or courier service or mailed by registered or certified mail (return receipt requested) or sent via email from [email protected]
19. SURVIVAL
The following clauses shall survive the expiration or termination of this Agreement:
Clause 5: User Obligation, Clause 6: Payment, Clause 7: Relation between the Parties, Clause 8: Disclaimer Of Warranties/Limitation Of Liability, Clause 9: Indemnity, Clause 10: Governing Law and Dispute Resolution, Clause 12: Compliance with Applicable Laws, Clause 13: Intellectual Property Rights
20. ENTIRE AGREEMENT
The Terms, together with any of the terms and conditions incorporated herein or referred to herein constitute the entire agreement between the Platform and you, relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing by us or by making such amendments or modifications available on this Platform.
21. REGISTRATION AND DATA PRIVACY
A. The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are dealt with in the Privacy Policy, which the User has the responsibility to read and understand the usage of such information by the Platform.
B. We may about the Platform, collect information relating to the devices through which you access the Platform, and anonymous data of Your usage. The collected information will be used only for improving the quality of the Platform and to build new services. You hereby authorize and permit us to collect the aforesaid information.
C. The Platform allows us to have access to your email, phone number, and WhatsApp number, for communication purposes.
D. We shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to us or any other person acting on behalf of the Platform.
E. The User is responsible for maintaining the confidentiality of the User’s account information. The User shall be responsible for all usage of the User’s information, whether or not authorized by the User. The User shall immediately notify us of any actual or suspected unauthorized use of the User’s account information. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Platform or others due to such unauthorized use.
F. If a User provides any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to discontinue the right of the User to use the Platform at our sole discretion.
G. We may use such information collected from the Users from time to time to debug customer support-related issues.
22. GRIEVANCE OFFICER
In compliance with the Information Technology Act, 2000 and the rules made thereunder, Consumer Protection (E-Commerce) Rules,2020, the details of the Grievance Officer of the Platform for this Agreement are as follows:
Name: Qaisar Farooq
Designation: Director of Customer Experience
Address: 2nd Floor, Gate Number 2, Plot No. 35P, UM House, Sector 44, Gurugram, Haryana 122003
Email ID: [email protected]
In the event, that any aggrieved user, having any questions or intends to make a complaint regarding any violation of the provisions of these Terms, may send a written complaint to the Grievance officer who shall redress the complaint within 1 (One) month from receipt of the complaint.
Note: We at Our discretion may modify the aforesaid details from time to time. Providing false, misleading, or inaccurate information to the grievance officer may result in civil and/ or criminal liability.
