1. What is the Duke Influencer Program?
The purpose of the Duke Influencer Program (“Program”) is to permit you to promote and market the products available on the Duke website and mobile application (“Duke Platform”) on social media platforms on the work created by you (“Content”) and earn commission (“Affiliate Commission”) for Qualifying Purchases (defined in Section 6) made by your end users. A “Product” is any item sold on the Duke Platform, other than any product that is listed on this page under “Excluded Products” (defined in Section 6). In order to facilitate your advertisement of Products, we may make available to you, data, images, text, link formats, widgets, links, and other linking tools, Duke’s logos or trademarks and other information in connection with the Program. It is hereby clarified that only individuals who meet the criteria set by Duke are eligible to participate in the Program.
2. Links on the Site
After you have been notified that you have been accepted into the Program, you may display Special Links on the site. “Special Links” are links to the products listed on the Duke Platform that you can place on your Content or in the relevant platform where the Content will be displayed (“Site”). The Special Links will ensure accurate tracking, reporting, and accrual of any fees payable.
You may earn affiliate commissions only as described in Section 6 and only with respect to activity on the Duke Platform occurring directly through the Special Links. We will have no obligation to pay you Affiliate Commissions if you fail to display the Special Links on the Site, In the event of such a failure may result in any reduction in the Affiliate Commission amount that would otherwise be paid to you under your arrangement with any third-party agency or Duke, as applicable (“Operating Arrangement”).
You will be solely responsible for your Content, including its development, operation, and maintenance and all materials that appear on or within it. For example, you will be solely responsible for:
displaying Special Links.
ensuring that the Content developed and displayed by you on any social media platform includes all relevant details with respect to the products that are being advertised.
abide by the instructions and guidelines as may be provided by Duke or the third-party agencies, as applicable, from time to time.
for providing the services under this arrangement with the degree of skill and judgment exercised by recognized person of a similar nature
creating and posting, and ensuring the accuracy, completeness, and appropriateness of materials posted by you on the Site (including all Product descriptions and other Product-related materials and any information you include which are associated with the Product in the specific Special Link).
abide by all guidelines of the relevant social media platform in which the Content is displayed.
ensuring that the Content is in good taste and free of inappropriate language and/or any Content promoting bigotry, racism or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
ensure that the Content of any material on the Site is not harmful, arassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous in any manner.
ensure that the Content does not refer or mention any competitors of Duke
ensure that any use of trademarks, logos or other intellectual property owned by Duke (“Duke IP”) in the Content shall be authorized by Duke and shall in a manner approved by Duke.
fully co-operating with Duke and other designates of Duke in performance of the services under this arrangement. Further, you acknowledge that Duke has the right to demand at any time for the take down/removal of the Content created and hosted by you on any Site and you will comply with such request within 24 (Twenty-four) hours of the take down notice.
Duke has the right to request you to cease creating and uploading content on Site in relation to the Duke Platform and Products and you shall stop creating and uploading Content immediately from the date of such request.
Duke has the right to periodically review the services. You shall replace any Content if requested by Duke, in case the Content is not in conformity with industrial standards and/or applicable laws including but not limited to rules relating to social media platforms.
Duke will have the right to immediately terminate this arrangement with you at any point of time.
4. Intellectual Property
You shall only use Duke IP for promoting and marketing the Products and shall use Duke IP only with the prior written approval of Duke and only in such manner as maybe authorised by Duke.
The Content shall be owned by you and shall vest with you. However, you grant Duke and its affiliates, representatives, directors, employees, agents or assigns a perpetual, exclusive, royalty free , sublicensable, irrevocable, unfettered right to use and feature the Content.
You shall ensure that the Site, and the materials on or withing the Site should not infringe, violate, or misappropriate any of our rights or any rights of any other person or entity (including copyrights, trademarks, privacy or other intellectual property rights or proprietary rights).
You will have access to information of a confidential and proprietary nature to Duke and the customers of Duke. You will not use, disclose, communicate, copy or permit the use or disclosure of any such information to any third party in any manner whatsoever except to the existing employees of Duke or as otherwise directed by Duke in the course of this Program. Upon your completion of this Program, you will return to Duke information, and all copies or reproductions thereof, which are in your possession or control.
6. Affiliate Commissions
The Affiliate Commission payable shall be as mutually agreed upon between you and Duke or any third-party agency through which you are engaged, as maybe applicable.
The Affiliate Commission shall vary based on the products listed on your Special Link.
*Order Value is defined as the total amount paid by the customers of Duke on Qualified Purchases through the Special Link provided to you
Duke reserves the right to change the Affiliate Commission which is paid to you.
In the event any excess payment has been made to you for any reason whatsoever, we reserve the right to adjust or offset the same against any subsequent Affiliate Commissions payable to you under the Operating Arrangement.
Subject to the exclusions set forth below, a “Qualifying Purchase” occurs when (a) a customer clicks through a Special Link on the Site which directs them to the product listing; (b) during a single Session, the customer adds a Product to his or her shopping cart and places the order for that Product no later than 89 days following the customer’s initial click-through; and (c) the Product is purchased by the customer, shipped to the customer, paid for by the customer and no refund request is made. In order for a purchase to be considered a Qualifying Purchase, it is essential that all three conditions mentioned in (a), (b) and (c) above are met.
A “Session” begins where a customer clicks on the Special Link provided which redirects to the Duke Platform and ends on the occurrence of either of the following: (a) when 24 hours have lapsed from the time when the customer clicked on the Special Link, (b) when the customer places an order for a Product, or (c) when the customer clicks on a link which is not the Special Link provided in your Content.
Qualifying Purchases exclude, and we will not pay Affiliate Commissions on any of, the following (the following are termed as “Excluded Products”):
any Product that, after expiration of the applicable Session, is added to a customer’s shopping cart, or is streamed or downloaded by a customer, even if the customer previously followed a Special Link from your Site to the Duke Platform.
any Product purchased that is not correctly tracked or reported because the links from your Site to the Duke Platform are not properly formatted.
any Product purchased after termination of the Operating Arrangement.
any Product order where a cancellation, return, or refund has been initiated; and
any Product purchased by a customer who is referred to the Duke Platform through any of the following:
a Prohibited Paid Search Placement (defined below); or
a link to the Duke Platform, including a redirecting link, that is generated or displayed on a search engine in response to a general Internet search query or keyword (i.e., in natural, free, organic, or unpaid search results), whether those links appear through your submission of data to that Site or otherwise.
You shall be liable for the Content and you agree that no liability shall vest on Duke in respect of the Content generated by you. You acknowledge that Duke is only availing your services for marketing the products available on the Duke Platform. You agree that anything said or done by you which is not authorized by Duke will result in irreparable and continuing damage to Duke for which there will be no adequate remedy at law and Duke will be entitled to injunctive relief and/or such other relief as may be proper including monetary damages. You shall protect, indemnify and save harmless Duke from and against any and all damages, claims (including settlement costs), suits, proceedings (including any proceeding brought before any court, regulatory body, arbitration panel or other tribunal), actions, judgments, and expenses whatsoever (including reasonable legal fees) arising in connection with the Content created by you under this arrangement or in any way connected with any act or omission by you or arising out of a breach of these terms and conditions or breach of intellectual property rights of a third party.
8. Compliance with Laws
In connection with your participation in the Program you will comply with all applicable local laws including but not limited to ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you. The Content that you create shall in accordance with applicable law.
9. Governing law and Disputes
The Operating Arrangement and these terms will be governed by the local laws, without regard to the principle of conflict of laws. The courts at Bangalore shall have the exclusive jurisdiction over any dispute relating or arising in any way from the matter under the Program.