TERMS AND CONDITIONS 

 

WApp-Sender Terms of Use || Terms and Conditions

 

ABOUT

Welcome to the WApp-Sender Terms of Use agreement. WApp-Sender is not associated with Whatsapp or it is not a part of WhatsApp. WApp-Sender is a separate chrome extension developed by wapp-sender.com to enable its users to send Whatsapp messages from their google chrome browser of PC.

Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you should not access or use the Service. 

PRIVACY POLICY

 

WApp-Sender is committed to maintaining robust privacy protections for its users.  Our Privacy Policy is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using our Service.  

 

WApp-Sender stores some basic information including name, mobile number and country, etc of its users. WApp-Sender does not publish, disclose or transmit any user data to any third party without user consent. WApp-Sender does not, therefore, have access and/or any kind of responsibility of user Data.


By accessing our Site(wapp-sender.com) or our service (WApp-Sender free and licensed version), you accept our Privacy Policy and Terms of Use and you consent to our collection, storage, use, and disclosure of your Personal Information as described in this Privacy Policy above. 

More detailed version: https://www.wapp-sender.com/privacy-policy 

USE OF WAPP-SENDER 

Users can use the free version of WApp-Sender with defined limited features. If you are a user who purchases the paid license version then you will be able to use additional features defined at the webpage comparison link}. As soon as a user buys a license, we will notify the user by email including all details of his purchase. WApp-Sender will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name.

 

WApp-Sender is not liable for any message contents which are being shared by its users using WApp-Sender free version or WApp-Sender licensed version. If any user attempts any unsolicited messages including spam, malicious scripts, malware, abusing, offensive, instigating, misleading messages WAp-Sender will not be responsible for such acts and their possible reactions. WApp-Sender is for personal use.

 

AFFILIATE

PLEASE MAKE SURE TO READ THE ENTIRE DOCUMENT.

THIS PAGE MAY BE PRINTED FOR YOUR RECORDS.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND WAPP-SENDER.COM, LOCATED IN JAIPUR, INDIA.

BY CLICKING ON THE “I ACCEPT” BUTTON AT THE END OF THESE AFFILIATE TERMS AND CONDITIONS YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS

 

DEFINITIONS

Throughout the following document, the following definitions will apply.

WApp-Sender, “we”, “us”, “our” refers to WApp-Sender.com., Jaipur, India,  and its applicable subsidiaries, which is the designated operator of this affiliate program, whose terms and conditions are set out herein.

WApp-Sender Affiliate Program (“Affiliate Program”) refers to the affiliate program operated by WApp-Sender.

Affiliate Program Manager means the individual or individual who has the legal authority from WApp-Sender to manage and represent its interests in the Affiliate Program.

Affiliate, “you”, “your”, “yours” means the legal entity agreeing to participate in the Program, and who will legally be bound by the terms and conditions herein

Affiliate Agreement refers to these Terms and Conditions of the Affiliate Program.

WApp-Sender Website(s) refer to wapp-sender.com or any of its subdomains.

Affiliate webpage refers to the online location (wapp-sender.com/affiliate) through which the Affiliate can register the Affiliate Program and accept these Terms and Conditions.

User refers to the Affiliate website visitor who may or may not provide the Affiliate code and be directed to the WApp-Sender Website to purchase products from WApp-Sender.

Commission refers to the amount earned from successful purchases on the WApp-Sender Website through referral by Affiliate.

Abandoned Affiliate Account means any Affiliate account that’s Affiliate code has not been used for a period of 6 months and/or has no transactions posted during a period of six months.

OVERVIEW

This is the complete list of Terms and Conditions for the Affiliate Program. The purpose of enrolling in the Affiliate Program is to allow you to make affiliate commissions for the sales of our subscriptions originating from your promotional activities in the manner set forth herein.

AFFILIATE OBLIGATIONS AND RULES CONDITIONS

2.1 To enroll in our Affiliate Program, you must:

  1. be at the age of majority in your jurisdiction or the age of 18 whichever is greater;

  2. have the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth herein;

  3. complete and submit the online application through the Affiliate webpage;

  4. be enrolled or accepted by WApp-Sender into the Affiliate Program.

2.2  WApp-Sender may choose at their discretion to auto-approve your application. This does not imply that we will not re-evaluate your application at a later time. We reserve the right to reject your application at any point in time, at our sole discretion. This is especially true if the Affiliate’s website or promotional materials breach any of the points set out in 2.4.

2.3 In the event that Affiliate materially breaches this Agreement and WApp-Sender terminates this Agreement any accrued and payable Commissions owing to Affiliate shall be forfeited, and WApp-Sender shall not be obligated to pay such Commissions to Affiliate.

2.4 Affiliate agrees that Affiliate’s website, service, or correspondence does not contain any materials that in WApp-Sender sole discretion are considered to:

  1. Promote adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual, or provocative images in violation of legislation in your local jurisdiction;

  2. Includes violent, obscene, defamatory, libelous, slanderous, and/or unlawful content;

  3. Promote hate speech, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or the language of such individual or group;

  4. Incorporate any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law

  5. Includes “WApp-Sender” or variations or misspellings thereof in its domain name and as keywords in PPC campaigns

  6. Promote politically religious agendas and/or any known associations with hate, criminal, and/or terrorist activities;

  7. Promote gambling, including without limitation, any online casino, sportsbooks, bingo, or poker;

  8. Contain software downloads that potentially enable diversions of commission from other affiliates in our program;

  9. Make representations through code, designs, imagery, video, text or otherwise, that makes your website resemble the WApp-Sender Website in a manner that leads customers to believe you are the WApp-Sender Website, business, or a legal representative of WApp-Sender in any way.

  10. Offer rebates, coupons, or other forms of promised kickbacks from your Commission as an incentive. Adding bonuses or bundling other products with WApp-Sender, however, is acceptable, if prior permission is received from the Affiliate Program Manager.

  11. Generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating specific savings by clicking on a clearly marked link, button, or image for that particular coupon or deal. Affiliate Program links must direct users to the WApp-Sender Website

2.4.1 User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to the WApp-Sender website” is NOT allowed).

2.4.2 Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation when there are no coupons or deals available, and the click opens the WApp-Sender Website or sets a cookie. Affiliates with such text will be removed from the program immediately.

2.4.3 Affiliates may not bid on or use phrases, such as WApp-Sender Coupon(s), WApp-Sender Discount(s), or other phrases implying coupons are available. Any misspellings of our brand name in combination with coupon/deal/savings or any synonyms or similar alterations of these words are also strictly prohibited.

2.4.4  Affiliates may not use misleading text on affiliate links, buttons, or images to advertise anything besides currently authorized deals to the specific affiliate. The commercial purpose of the Affiliate’s marketing efforts must be clearly identifiable. The Affiliate shall not disguise its affiliate marketing efforts as consumer recommendations or as similar non-commercial messages.

2.5. As a member of the Affiliate Program, you will be granted an affiliate code. In order for us to accurately keep track of all guests purchased from your site to the WApp-Sender Website, you must have to share your affiliate code with guests and they have to use the affiliate code during purchase. Payment will be made on the basis of the purchase made using your affiliate code.

2.6. WApp-Sender reserves the right, at any time, to review your Affiliate code and either approve or disapprove or change your affiliate code we will inform you via your registered email and require that you change the placement of code or ask you to comply with these guidelines.

2.7. The Affiliate is solely responsible for the maintenance and information updates on your site. For example, if the WApp-Sender pricing policy changes, it will be up to the Affiliate to update this information. We may monitor your site, as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.

2.8. It is your sole responsibility to follow all applicable laws, regulations, government decrees, authorities’ decisions, and the like relating to:

1) protection of intellectual property;

2) marketing of goods and services;

3) unfair business practices; and

4) any other similar field of regulation

that pertain to your website or any promotional materials on your website. If you violate any such rules of law or any third party presents any allegations or claims that pertain to information you place on your website and promotional materials you use, you will indemnify and hold WApp-Sender harmless for any and all costs arising out of any such violations, allegations or claims.

 

2.10. We reserve the right to remove Abandoned Affiliate Accounts from our system if their balance is equal to or less than $50 or (₹) 2000 after a 6 month period of inactivity. In this case, any accumulated commissions below $50 or (₹) 2000 (minimum payout threshold) will be forfeited. 

 

3. WApp-Sender Rights and Obligations

3.1. We reserve the right to monitor your site at any time to determine whether you are following these Terms and Conditions. We may inform you of any changes to your site that we feel you should make, or to ensure that your affiliate links to the WApp-Sender Website are placed appropriately and to notify you of any other changes that we feel should be made. Failure to make the changes to your site that we feel are necessary within a reasonable time (no longer than 30 days) constitutes a material breach of this Affiliate Agreement.

3.2. WApp-Sender reserves the right to terminate your participation in the Affiliate Program immediately and without prior notice to you if you commit fraud or abuse this Affiliate Program in any way (including material breaches of section 2.4 of this Affiliate Agreement). If such fraud or abuse is detected, WApp-Sender shall not be liable to you for any Commissions for any fraudulent sales/sales based on abuse.

3.3. These Terms and Conditions will begin to apply to you upon our acceptance of your Affiliate application, and their application will continue indefinitely unless terminated hereunder.

4. Termination

4.1 Either the Affiliate or WApp-Sender may end this Affiliate Agreement at any time, with or without cause, by giving the other party written notice. Written notice can be sent by email only to either party.

4.2 If the Affiliate Agreement is terminated by either party in accordance with section 4.1, 3.2 or 4.3, WApp-Sender shall not be liable to pay any Commission to you after the termination of the Affiliate Agreement.

4.3 This Affiliate Agreement will terminate immediately without notice upon any material breach of the Terms and Conditions by the Affiliate.

 

5. Modification

We may modify, add or remove any of these Terms and Conditions at any point in time. In such an event, you will need to comply with a revised version of these Terms and Conditions when we update you. If any modification is unacceptable to you, your only option is to end your association with the Affiliate Program by dropping a written notice via email only, and by any means, if you are not able to connect with us, it is assumed that you agree with the updated terms and conditions. Continued participation in the Affiliate Program will indicate your agreement to the changes and your adherence to any modified Terms and Conditions.

6. Commission Payment

6.1.  Commissions are earned from authorized referrals that generate purchases via your affiliate code.

6.2. Commission amounts per license sold may be changed by WApp-Sender at any time. This information will be communicated to you in via your register email only. You are solely responsible for determining if the Commission amount for an affiliate code you have placed on your website has changed or been discontinued.

6.3. Accrued commissions will be paid on the last week of the month following the transaction that generated the commission. No Commission payment shall be made unless the total accrued unpaid commissions exceed the minimum threshold of $50 or  (₹) 2000. The commission due is calculated in accordance with the statistics and balance that are collected, calculated, and shared with you on registered email. The only valid statistics used for determining Commissions will be those shared with you on registered email. 

6.4. Affiliate is responsible for any and all charges, fees, taxes, exchange rates, surcharges, and other expenses arising out of the Affiliate relationship with WApp-Sender including those incurred in order to receive affiliate payments.

6.5. Our primary payout option is PayPal. However, if you are planning on generating a large volume of sales, wire transfers can also be arranged. Qualifications for wire transfer payments are reviewed and decided by WApp-Sender on a case-by-case basis. Please email us at contact@wapp-sender.com, if you wish to discuss this payment option.

6.6. Payments will only be sent for affiliate purchases that have been successfully completed. Transactions that result in chargebacks or refunds will be void.

7. Affiliate Promotional Materials

7.1. You are free to promote what you deem appropriate on your own website(s), but any promotion that mentions WApp-Sender and any associated trademarks may be perceived by the press or the public as a joint effort. You should therefore note that certain forms of advertising are always prohibited by WApp-Sender. Any promotions by Affiliates should never contravene promotional laws in their location.

Advertising commonly known as “spamming” is inappropriate and unacceptable to us and constitutes a material breach of this Affiliate Agreement. Other prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups, and cross-posting to multiple newsgroups at once. Additionally, you may not advertise in any way that effectively hides or misrepresents your own identity, your domain name, or your email address. You may use emails or other messages to customers to promote WApp-Sender services if the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings and such emails or other messages are otherwise sent in compliance with the laws applicable to them.

In any direct marketing messages sent by the Affiliate, the Affiliate must identify itself and its contact details. Where the Affiliate processes personal data relating to identifying or identifiable individuals, the Affiliate undertakes to provide to data subjects any information required in the applicable data protection legislation. The Affiliate shall especially provide to the data subjects information on how to exercise their rights under the applicable data protection legislation.

Also, you may only post to newsgroups to promote WApp-Sender subscription if the newsgroup specifically welcomes commercial messages. You must always clearly represent yourself and your websites as independent from WApp-Sender.

8. Grant of Licenses

8.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through affiliate/referral code solely in accordance with the terms of this Agreement and (ii) solely in connection with such code, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of WApp-Sender and the goodwill associated with it will inure to the sole benefit of WApp-Sender.

8.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene, or that otherwise portrays the party in any negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Affiliate Agreement, each party retains all right, title, and interest to its respective rights, and no right, title, or interest is transferred to the other.

9. Disclaimer

WAPP-SENDER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING WAPP-SENDER SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF WAPP-SENDER ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

10. Representations and Warranties

You represent and warrant that:

10.1. This Affiliate Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;

10.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Affiliate Agreement and to perform your obligations under this Affiliate Agreement, without the approval or consent of any other party;

10.3. You have sufficient right, title, and interest in and to the rights granted to us in this Affiliate Agreement.

11. Limitations of Liability

TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL WAPP-SENDER CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

12. Indemnification

You hereby agree to indemnify and hold harmless WApp-Sender, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on

(i) any claim that our use of the Affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights of any third party,

(ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or

(iii) any claim related to your site, including, without limitation, the content therein not attributable to us.

13. Confidentiality

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Affiliate Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without the express written permission of the disclosing party.

14. Miscellaneous

14.1. You certify that you are an independent contractor, and as such, nothing in this Affiliate Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and WApp-Sender. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website or any other website or otherwise, that reasonably would contradict anything in this Section.

14.2 The parties note that the Affiliate is free to determine the essential means of processing personal data relating to its affiliate marketing activities. For instance, whether or not the Affiliate targets any identified or identifiable natural persons as a part of its marketing efforts, or otherwise processes personal data for affiliate marketing purposes, is solely determined by the Affiliate. As a consequence, the Affiliate serves as a data controller with regard to any personal data processed by it for the purpose of the conclusion and performance of this Affiliate Agreement.

14.3. Neither party may assign its rights or obligations under this Affiliate Agreement to any third party, except to a party who obtains all or substantially all of the business or assets of a party to this Affiliate Agreement.

14.4. This Affiliate Agreement shall be governed by and interpreted in accordance with the laws of India without regard to the conflicts of laws and principles thereof. Any disputes relating to or arising out of this Affiliate Agreement shall be resolved by the District Court of Jaipur as the court of the first instance.

14.5. You may not amend or waive any provision of this Affiliate Agreement unless in writing and signed by both parties.

14.6. This Affiliate Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.

14.7. The headings and titles that are contained in this Affiliate Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Affiliate Agreement.

14.8. If any provision of this Affiliate Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this Affiliate Agreement shall have full force and effect.

14.9 The Affiliate Agreement is an electronic contract that sets out the legally binding terms of your participation in the WApp-Sender affiliate program. You indicate your acceptance of this Affiliate Agreement and all of the terms and conditions contained or referenced in this Affiliate Agreement by completing the Affiliate Program application/signup process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.

 

NOTE: BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

REFUND AND CANCELATION POLICY

WApp-Sender offers a free trial license for 24 hours and paid license version of 1, 3, 6, and 12 months. However, if any user wants to discontinue the service, we will immediately stop the service and it is applicable on 1. 3, 6, and 12 months license. We don’t offer any refund for the purchase.

MODIFICATION IN TERMS AND CONDITIONS

WApp-Sender reserves the right to change the Privacy policy and our Terms of Service at any time.  We will notify you of significant changes to our Privacy Policy or terms and conditions by sending a notice to the primary email address specified in your account or by placing a prominent notice on our site.

NOTE: BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.