ZenBasket Affiliate Program Agreement

(Bloggers, Influencers & Content Creators)

Last updated: Nov 21, 2025

1. Acceptance of this Agreement

When you use the ZenBasket Affiliate Platform, participate in ZenBasket Affiliate Program activities, or click “I agree” while creating your Affiliate Account, you are agreeing to be bound by this ZenBasket Affiliate Program Agreement (the “Agreement”).

This Agreement is between:

  • ZenBasket Pvt. Ltd. (“ZenBasket India”) – applicable to Affiliates based in India, and
  • ZenBasket LLC – applicable to Affiliates located outside India,

collectively referred to as “ZenBasket” and individually as a “ZenBasket Entity”.

You and ZenBasket are each a “Party” and together the “Parties”.

You can review the current version of this Agreement at: Affiliate Policy.

ZenBasket may update this Agreement from time to time by posting a revised version at Affiliate Policy. Where changes are significant, ZenBasket will provide reasonable notice by email to the primary email address in your Affiliate Account. Your continued participation in the ZenBasket Affiliate Program after changes become effective constitutes your acceptance of the updated Agreement.

This Agreement incorporates by reference the following documents (collectively, the “ZenBasket Policies”):

You must read and accept all of these documents before participating in the ZenBasket Affiliate Program.

2. Definitions

Unless defined elsewhere, capitalized terms in this Agreement have the following meanings:

“Affiliate”, or “You”
An individual or entity that has agreed to this Agreement and participates in the ZenBasket Affiliate Program.

Under this Agreement, an Affiliate may fall into one or more of these non-exclusive categories:

  • Blogger & Content Affiliate – an Affiliate who promotes ZenBasket via blogs, SEO content, review sites, educational content, newsletters, or YouTube channels.
  • Influencer / Social Creator – an Affiliate who promotes ZenBasket via social media channels (e.g., Instagram, TikTok, YouTube, Facebook, LinkedIn) as a creator, influencer, or public personality.
  • Brand Influencer / Promoter – an Affiliate specifically engaged to promote ZenBasket branding, campaigns, or content under this Affiliate Program.

(Agency / Implementation Partners who earn recurring revenue share on merchant subscriptions are governed by a separate agreement and are not covered by this Affiliate Program Agreement unless explicitly stated.)

“Affiliate Account”
Your account created through the ZenBasket Affiliate Program sign-up process.

“Affiliate Dashboard”
The internal administrative page at Affiliate Program, where you can view your Affiliate performance, Referred Merchant data (to the extent permitted), earnings, and payout status.

“Affiliate Code” (also known as “Referral Code”)
The unique referral code assigned to you by ZenBasket to track Referred Merchants and attribute commissions.

“Affiliate Platform”
The technology, tools, dashboards, tracking systems, and related interfaces made available by ZenBasket to manage the Affiliate Program.

“Service”
The ZenBasket ecommerce platform, including any websites, applications, tools, features, and services that enable Merchants to create, host, and manage online stores.

“Merchant”
An individual or business that uses the ZenBasket Service to sell products or services via a ZenBasket-powered store.

“Referred Merchant”
A unique Merchant who:

  • Signs up for a ZenBasket account by entering your Affiliate Code during sign-up/onboarding; and
  • Is determined by ZenBasket, in its sole discretion, to have been introduced by your active promotion of the Service.

A Merchant will only be considered a Referred Merchant once and may not be simultaneously attributed to multiple Affiliates under this Program (last-click attribution applies).

“Revenue Generating Activity”
A qualifying activity by an Affiliate that can result in commission, including:

  • Introducing a Referred Merchant who:
    • completes a paid subscription transaction, and
    • satisfies the 2-month and/or 6-month paid subscription milestones described in Section 8.

Revenue Generating Activity is attributed to the Affiliate on the date the Referred Merchant makes the relevant qualifying subscription payment.

“Sanctioned Person”
Any person, entity, or organization that is the subject of sanctions administered or enforced by relevant government authorities (including but not limited to OFAC, the UN Security Council, the EU, or equivalent).

“Unsupported Region”
Any country or territory that ZenBasket, in its sole discretion, designates as one in which it will not operate or to which it will not provide services, due to sanctions, legal restrictions, or other risk considerations.

“Taxes”
All federal, state, provincial, local, or other governmental sales, value-added, goods and services, harmonized, withholding, or other taxes, fees, levies, charges, or assessments now in force or enacted in the future.

3. Eligibility & Affiliate Account Registration

  1. Business Use Only
    You confirm that you are joining the ZenBasket Affiliate Program for business purposes only, and not for personal, household, or family use.
  2. Age Requirement
    If you are an individual, you must be:
    • At least 18 years old, or
    • The age of majority in the jurisdiction where you reside and conduct Affiliate activities, whichever is higher.
  3. Account Creation
    To join the Program, you must:
    • Complete the Affiliate registration form at Affiliate Program, and
    • Provide accurate and complete information as indicated (legal name, business name, email address, country, tax information, payout details, etc.).
    ZenBasket may accept or reject any application at its sole discretion.
  4. Authority
    If you sign up on behalf of your employer or another entity, you represent and warrant that you have the authority to bind that entity, and that such entity will be treated as the Affiliate under this Agreement.
  5. Account Security
    Each Affiliate Account login is for a single user. You are responsible for:
    • Maintaining the confidentiality of your login credentials
    • All activities that occur under your Affiliate Account
    ZenBasket will not be liable for any loss or damage caused by your failure to keep your credentials secure.
  6. Communication
    The email address associated with your Affiliate Account will be ZenBasket’s primary method of communication. You agree to keep your contact details accurate and up to date and to promptly respond to reasonable requests from ZenBasket.
  7. Participation & Privacy
    Your participation in the Affiliate Program, including information transmitted to or stored by ZenBasket, is governed by the ZenBasket Privacy Policy located at ZenBasket Privacy Policy.

4. Program Scope & Role of the Affiliate

  1. Purpose of the Program
    The ZenBasket Affiliate Program is designed for Bloggers, Content Creators, Influencers, and Promoters who refer new Merchants to ZenBasket’s subscription plans. Under this Agreement, you:
    • Promote ZenBasket as a platform for starting or running an online store;
    • Encourage your audience to sign up, complete their free trial, and become paying Merchants;
    • Earn commissions when those Merchants remain paid subscribers for specified durations.
  2. Excluded Partner Types
    Agency / Implementation Partners who build stores on behalf of clients and earn recurring revenue share on those subscriptions are governed by separate partner agreements and revenue share terms.
  3. No Right to Bind ZenBasket
    You act as an independent contractor, not as an employee, agent, legal representative, or joint venturer of ZenBasket. You do not have authority to:
    • Bind ZenBasket to contracts or commitments;
    • Make promises or warranties on behalf of ZenBasket beyond what ZenBasket itself states in official documentation.
  4. Agency and Service Provider Activities
    If you provide website development, onboarding, or store setup services to Merchants, or if you act as an implementation partner in any capacity, you may be required to participate in the ZenBasket Partner/Agency Program instead of this Affiliate Program. ZenBasket reserves the right to reclassify your account and adjust or revoke commission eligibility if your activities fall under the scope of the Partner/Agency Program.

5. Referred Merchants, Tracking & Attribution

  1. Affiliate Code Usage
    1. Each Affiliate will receive one or more Affiliate Codes.
    2. A customer is tagged as “referred” when they:
      • enter your Affiliate Code during sign-up/onboarding, or
      • are otherwise attributed to you by ZenBasket in writing.
  2. Cookie & Attribution Window
    1. ZenBasket uses cookies or equivalent tracking mechanisms to attribute referrals.
    2. The standard cookie window is sixty (60) days from the first click.
    3. Last-click attribution applies: the Affiliate whose link was last clicked before the signup event within the cookie window will be credited as the source of the referral, provided all other conditions are met.
  3. Uniqueness of Referred Merchant
    1. A Merchant can be a Referred Merchant for only one Affiliate under this Program.
    2. ZenBasket’s determination of whether and to whom a Merchant is attributed is final and binding.
  4. Non-Qualifying Referrals
    A Merchant will not qualify as a Referred Merchant if, among other things:
    • The Merchant had an active ZenBasket account or an existing relationship with ZenBasket prior to using the Affiliate Code;
    • The Merchant signs up directly without any affiliate code and ZenBasket cannot reasonably attribute them to your promotion;
    • The Merchant signs up through another marketing channel or partner for which ZenBasket has already committed attribution;
    • The Merchant’s account is fraudulent, created for self-referral, or otherwise deemed non-genuine by ZenBasket.
  5. Self-Referrals & Abuse
    You may not:
    • Refer yourself or any store that you own or control for the primary purpose of obtaining commissions;
    • Create fake or duplicate accounts to generate commissions;
    • Use deceptive or manipulative methods to trigger tracking.
  6. Technical Limitations on Attribution
    You acknowledge that tracking technologies such as cookies may be impacted by user behavior, browser privacy settings, device restrictions, or the use of private/incognito modes. Attribution may not occur where:
    • the user disables or blocks cookies,
    • the user switches devices or browsers,
    • browser-level privacy features (including ITP, ETP, or equivalent) prevent tracking, or
    • the user clears cache or uses VPN or ad-blocking tools.

    ZenBasket’s determination of attribution, based on available data received through the Affiliate Platform, is final. ZenBasket is not responsible for untracked clicks, unrecorded sign-ups, or any lost commissions due to technical limitations, privacy tools, or user device behavior.

    ZenBasket may, in its sole discretion, withhold or reverse commissions if it suspects self-referrals or fraudulent behavior.

6. Marketing Conduct & Acceptable Use

6.1 General Marketing Requirements

You agree that all your promotional activities for ZenBasket will:

  • Be professional, honest, and in line with ZenBasket’s brand and reputation;
  • Comply with all applicable laws, regulations, guidelines, and industry standards, including anti-spam laws and advertising regulations;
  • Clearly disclose your affiliate relationship, where required (e.g., FTC disclosure).

6.2 Prohibited Marketing Practices

You must not:

  1. Unapproved email marketing
    1. Send email marketing about ZenBasket without prior written approval from ZenBasket.
    2. Where ZenBasket approves email campaigns, such emails must:
      • Comply with applicable anti-spam laws (e.g., CAN-SPAM, CASL, GDPR, local equivalents), and
      • Only be sent to recipients who have given valid consent where required.
  2. Aggressive or illegal methods
    1. Use fax blasting, unauthorized telemarketing, SMS/text spam, robocalls, or similar methods;
    2. Distribute malware, adware, spyware, or use deceptive pop-ups, forced clicks, or install bundles.
  3. Misleading or harmful statements
    1. Make any false, misleading, or disparaging statements about ZenBasket;
    2. Over-promise features, guarantees, or outcomes that ZenBasket has not made;
    3. Misrepresent your relationship with ZenBasket (e.g., claiming to be “official ZenBasket support” when you are not).
  4. Targeting existing Merchants for migration
    1. Prior to termination of this Agreement, you may not target communications solely at existing ZenBasket Merchants with the intent to migrate them away from ZenBasket.
  5. Impersonation & brand misuse
    1. Copy, resemble, or mirror ZenBasket websites, dashboards, or brand identity in a way that confuses users;
    2. Use “ZenBasket” or similar terms in your company name, product name, or logo, without prior written permission;
    3. Purchase search engine ads or domain names that include “ZenBasket” or other ZenBasket trademarks.
  6. Objectionable or low-quality content
    You must not use websites or channels that:
    • Promote sexually explicit material, violence, hate speech, discrimination, or illegal activities;
    • Infringe any third party’s intellectual property or proprietary rights;
    • Engage in aggressive or low-quality marketing unrelated to ZenBasket or your professional services;
  7. AI-Generated Content
    If you use AI tools to generate content that promotes ZenBasket, you remain solely responsible for ensuring that such content is accurate, non-misleading, and compliant with all applicable advertising, disclosure, and copyright laws. You must not use AI-generated content to make unsupported claims, fabricate testimonials, or misrepresent ZenBasket’s features, performance, or pricing.
  8. Prohibited Multi-Level or Sub-Affiliate Structures
    You may not create, operate, or participate in any multi-level marketing, sub-affiliate networks, or commission-sharing schemes in connection with this Program. You may not distribute your Affiliate Code to third parties for the purpose of allowing them to earn commissions indirectly. Any such activity may result in immediate termination and forfeiture of commissions.

ZenBasket may review your promotional activities and require changes or discontinuation where it believes your actions may harm ZenBasket’s brand, Merchants, or users.

7. Compliance with Laws & Sanctions

  1. Compliance with Laws
    You will perform all obligations under this Agreement in accordance with:
    • Applicable laws, rules, and regulations (including data protection, consumer protection, advertising, and anti-spam laws);
    • Applicable industry standards.
    You are solely responsible for obtaining any licenses, registrations, or approvals needed for your business.
  2. Sanctioned Persons & Unsupported Regions
    You represent and warrant that:
    • Neither you, nor your subsidiaries, directors, officers, or employees involved with ZenBasket are a Sanctioned Person or owned/controlled by one or more Sanctioned Persons;
    • You are not located, resident, or organized in an Unsupported Region.
    If this representation becomes inaccurate or questionable, you must immediately inform ZenBasket in writing. ZenBasket may suspend or terminate your participation if it believes you are, or are becoming, a Sanctioned Person or operating from an Unsupported Region.
  3. Prohibited Activities
    You will not use the Services or the Affiliate Program to directly or indirectly support or benefit any Sanctioned Person or entity in an Unsupported Region.

8. Revenue Sharing & Commission Structure

8.1 General Principle

Subject to:

  • Your compliance with this Agreement and ZenBasket Policies, and
  • The specific fee plan applicable to your Affiliate activities,

you will be eligible to receive commission fees from ZenBasket for Revenue Generating Activities as described below.

ZenBasket may modify the Fees and fee structure with reasonable notice, in its sole discretion, as further described in Section 12.

8.2 Commission Model: Two-Stage Subscription Bounty

This Affiliate Program is designed for Bloggers, Content Affiliates, Influencers, and Promoters who refer new ZenBasket subscription Merchants, not for Agencies under separate recurring share agreements.

For each Referred Merchant, an Affiliate may earn up to two (2) times the Merchant’s monthly subscription fee, paid in two milestones as follows:

  1. Milestone 1 – Activation Reward (Equivalent to One Month Fee)
    Affiliate earns a commission equal to one (1) month of the Merchant’s active plan when all of the following conditions are met:
    • The Merchant has successfully completed two (2) consecutive paid billing cycles, whether monthly, annual, or multi-month.
    • The Merchant’s account is in good standing at the end of the second paid billing cycle (no overdue invoices, chargebacks, fraud alerts, cancellations, or suspensions).
    • The “monthly subscription fee” is defined as:
      • the monthly price of the plan active at the time the second billing cycle concludes; or
      • for annual or multi-month plans, the monthly fee calculated by dividing the total plan price by the number of months covered.
  2. Milestone 2 – Retention Bonus (Equivalent to One Month Fee)
    Affiliate earns an additional commission equal to one (1) month of the Merchant’s active plan when all of the following conditions are met:
    • The Merchant has remained on a paid ZenBasket plan for six (6) full consecutive paid billing cycles after their initial subscription date.
    • The Merchant’s account is active and in good standing at the end of the sixth paid billing cycle.
    • The “monthly subscription fee” for this milestone is determined by the plan active at the end of the sixth billing cycle, with annual or multi-month plans prorated as described above.
  3. Total Commission
    The total potential commission payable for each Referred Merchant under this Program is equal to two (2) times the Merchant’s applicable monthly subscription fee.
  4. Plan Changes
    If the Merchant upgrades or downgrades during the qualification period for either milestone, the commission for that milestone will be calculated based on the plan active at the moment that milestone requirement is satisfied.
  5. Refunds, Chargebacks, and Reversals
    ZenBasket reserves the right to withhold or reverse any commission payments if any of the Merchant’s payments are refunded, disputed, reversed, or flagged for fraud.

8.3 Effect of Cancellations, Downgrades & Refunds

  • If a Referred Merchant cancels or is suspended before completing the second paid month, no commission is owed for that Merchant.
  • If a Referred Merchant completes the second paid month but cancels or is suspended before completing the sixth paid month:
    • You retain the Milestone 1 commission if already approved;
    • You do not earn Milestone 2 commission.
  • If a Merchant payment is refunded or charged back, ZenBasket may:
    • Recalculate milestone completion; and
    • Adjust or reverse any pending or future commission payouts related to that Merchant.

If ZenBasket issues any refund or chargeback for a Referred Merchant, ZenBasket may recalculate or reverse any commission previously credited to you for that Merchant, regardless of when the refund or chargeback occurs. ZenBasket may also permanently withhold commissions if a Merchant is deemed fraudulent, non-genuine, created for self-referrals, or created primarily to trigger commission payouts.

8.4 Currency & Region

  • Commissions are calculated using the Referred Merchant’s billing currency, then converted (if necessary) into the Affiliate’s payout currency as determined by ZenBasket (for example, INR for Affiliates managed by ZenBasket India, USD for Affiliates managed by ZenBasket LLC).
  • Exchange rates, if applicable, will be determined by ZenBasket or its payment provider.

9. Payment Terms

  • Payout Threshold
    ZenBasket may require that your total approved commission balance reach a minimum threshold (for example, the equivalent of $100 USD (for global affiliates), or ₹8,500 INR (for India-based affiliates), in your payout currency) before any payment is made. The exact minimum threshold and payout rules will be stated in the Affiliate Dashboard or on the Affiliate Program page.
  • Payout Schedule
    Approved commissions will be:
    • Calculated at regular intervals (e.g., monthly);
    • Paid in the next scheduled payout cycle, provided your approved balance meets or exceeds the threshold.
  • Taxes & Withholding
    • You are responsible for all Taxes that may apply to Fees paid to you under this Agreement.
    • ZenBasket may be required by law to withhold Taxes from your payouts and remit them to the appropriate tax authorities.
    • You agree to provide any tax documents, forms, or information requested by ZenBasket to comply with its legal obligations.
  • Payment Methods
    • ZenBasket may support one or more payout methods (e.g., bank transfer, UPI).
    • You must provide accurate payout details in your Affiliate Account. ZenBasket is not responsible for failed or misdirected payments due to incorrect information provided by you.
  • Right to Offset / Adjust
    ZenBasket may, in its sole discretion:
    • Withhold or delay commission payments if it believes there is a breach of this Agreement, fraud, or inaccurate tracking;
    • Set off any amounts owed by you to ZenBasket (including overpayments, chargebacks, or refunds) against amounts payable to you.
  • Changes to Fees & Payment Terms
    ZenBasket may modify the commission structure, Fees, or payment terms with reasonable notice. Such changes will apply to Revenue Generating Activities and Referred Merchants on or after the effective date of the change.
  • Invoice & Tax Compliance
    Where applicable by law or region, ZenBasket may require you to provide a valid tax invoice or supporting documentation before commissions can be paid. India-based Affiliates must comply with local GST requirements, and Affiliates outside India must submit any required tax forms (such as W-8BEN, W-9, or equivalents). ZenBasket is not responsible for delays in payouts caused by incomplete or inaccurate tax documentation.

10. Affiliate Obligations & Duties

  1. Duty to Inform
    You will promptly inform ZenBasket of any:
    • Information that could reasonably lead to a claim, demand, or liability against ZenBasket by a third party;
    • Security incidents or unauthorized access related to your Affiliate activities.
  2. Duty to Disclose to Merchants
    If you act as an agent or advisor for a Merchant while also being a ZenBasket Affiliate, you must disclose to that Merchant any commissions you receive (or may receive) from ZenBasket in connection with that Merchant.
  3. Use of Service Providers
    You may engage contractors, employees, or service providers to support your Affiliate activities. You remain fully responsible for:
    • Their compliance with this Agreement;
    • Any act or omission by them that would breach this Agreement if done by you.
  4. Communications with ZenBasket
    You agree to:
    • Respond promptly to reasonable requests for information;
    • Take actions and sign documents that ZenBasket may reasonably request to implement the intent of this Agreement.

11. Intellectual Property

  1. ZenBasket Intellectual Property
    1. ZenBasket retains all right, title, and interest in all intellectual property related to the Service, the Affiliate Platform, and the ZenBasket Trademarks, including but not limited to: logos, brand names, designs, copy, and creative assets.
    2. You may use ZenBasket’s creative materials and trademarks only as expressly permitted by ZenBasket and solely in connection with promoting the ZenBasket Service under this Agreement.
  2. Restrictions on Use of ZenBasket Trademarks
    You may not:
    • Modify ZenBasket creative materials or trademarks without written consent;
    • Use “ZenBasket” or any confusingly similar mark in your business name, product name, or logo without written permission;
    • Purchase or register domain names, social handles, or search engine keywords containing “ZenBasket” or ZenBasket trademarks.
  3. Affiliate IP License to ZenBasket
    You grant ZenBasket a worldwide, non-exclusive, royalty-free, transferable, and sub-licensable license to use your:

    • Trademarks, service marks, logos, trade names;
    • Copyrighted content, graphic files, images, and other intellectual property

    for purposes of:

    • Delivering and improving the Affiliate Program and Services;
    • Promoting or marketing you as an Affiliate;
    • Defending your or ZenBasket’s intellectual property rights;
    • Any other purposes agreed in writing.
  4. Brand Usage Guidelines
    All use of ZenBasket trademarks, logos, or brand assets must follow ZenBasket’s Brand Guidelines, as updated from time to time. ZenBasket may require you to revise or remove any promotional material that improperly uses ZenBasket branding, misrepresents the brand, or does not meet ZenBasket’s quality standards.
  5. Use of Affiliate-Created Content
    You retain ownership of any original content you create to promote ZenBasket. However, by participating in the Affiliate Program, you grant ZenBasket a worldwide, royalty-free license to reference, quote, display, or share your publicly accessible content (including blog posts, videos, reviews, or social posts) for the purpose of marketing, attribution, or identifying you as an Affiliate.

12. Confidentiality & Data

  1. Confidential Information
    “Confidential Information” includes all non-public, proprietary, or confidential information disclosed by one Party to the other, including business plans, product details, Merchant Data, and technical or financial information.
  2. Use & Protection
    Each Party agrees to:
    • Use the other Party’s Confidential Information solely to perform its obligations under this Agreement;
    • Take reasonable steps to protect such Confidential Information from unauthorized access, use, or disclosure.
  3. Merchant Data
    • Merchant Data is ZenBasket’s Confidential Information and, where applicable, the confidential information of the relevant Merchant.
    • Under this Affiliate Program, Affiliates are not authorized to access Merchant Stores or handle Merchant Data, except for high-level, aggregated or anonymized metrics that ZenBasket may display in the Affiliate Dashboard (for example, number of signups or approved commissions).
    • If you also provide implementation, design, development, marketing, or ongoing operational services directly inside a Merchant’s ZenBasket Store, that activity (including any access to or use of Merchant Data) will be governed by the separate ZenBasket Partner Agreement that you must enter into with ZenBasket. In that case, your use of Merchant Data must comply with that agreement, this Agreement, and all applicable laws.
    • You may not disclose, sell, resell, rent, or otherwise share Merchant Data with any third party, except as expressly permitted in a written agreement with ZenBasket and/or the relevant Merchant.

13. Term, Termination & Effect of Termination

  1. Term
    This Agreement begins when you accept it (e.g., by clicking “I agree”) and continues until terminated by either Party.
  2. Termination by Either Party
    Unless specified otherwise, either Party may terminate this Agreement at any time, with or without cause, by providing notice (including via email).
  3. Termination for Cause
    ZenBasket may, in its sole discretion and without limitation, suspend or terminate your Affiliate Account and/or this Agreement immediately if it determines that:
    • You have engaged in fraudulent, illegal, or harmful behavior;
    • You have breached this Agreement or any ZenBasket Policy;
    • Your activities damage or risk damaging ZenBasket’s brand or relationships with Merchants.
  4. Consequences of Termination
    Upon termination:
    • You must immediately cease using ZenBasket’s creative materials and trademarks;
    • ZenBasket may, but is not obligated to, pay out any already approved and undisputed commissions, subject to:
      • Minimum payout thresholds;
      • The absence of fraud, chargebacks, or breach.
  5. Inactive Accounts
    ZenBasket may deactivate Affiliate Accounts that show no activity—defined as zero clicks, zero referrals, and no login activity—for a period of twelve (12) consecutive months. Following deactivation, any unapproved or pending commissions will be forfeited.
  6. Forfeiture of Commissions Upon Termination for Cause
    If this Agreement is terminated due to your breach, fraud, misuse of the Program, or violation of ZenBasket Policies, ZenBasket may, at its sole discretion, withhold, cancel, or permanently forfeit any unpaid or pending commissions attributed to you.

Sections of this Agreement that by their nature should survive termination (e.g., confidentiality, IP ownership, limitations of liability, indemnity) will continue to apply.

14. Disclaimer, Limitation of Liability & Indemnification

  1. Disclaimer of Warranty
    The Affiliate Program, the Service, the Affiliate Platform, and the ZenBasket Trademarks are provided “as is” and “as available”, without warranties of any kind, express or implied, including but not limited to:
    • Merchantability
    • Non-infringement
    • Fitness for a particular purpose
    • Uptime, error-free operation, or freedom from harmful components
  2. Limitation of Liability
    To the fullest extent permitted by law:
    • ZenBasket’s total liability to you for any claim related to the Affiliate Program, the Service, or this Agreement is limited to the total Fees actually paid to you by ZenBasket in the six (6) months preceding the event giving rise to the claim.
    • ZenBasket will not be liable for any indirect, incidental, special, consequential, or punitive damages, or loss of profits or revenues, even if advised of the possibility of such damages.
  3. Indemnification by Affiliate
    You agree to indemnify and hold harmless ZenBasket and its affiliates, officers, directors, employees, and agents from any claims, losses, damages, liabilities, costs, or expenses (including reasonable legal fees) arising out of or related to:
    • Your breach of this Agreement or any ZenBasket Policy;
    • Your gross negligence or willful misconduct;
    • Your promises, representations, or warranties to third parties about ZenBasket;
    • Your infringement or violation of another party’s rights (including IP and privacy rights);
    • Your violation of applicable laws;
    • Your relationship or dealings with any Merchant.

    ZenBasket will provide you with notice of any indemnifiable claim and may elect to participate in the defense at its own expense.

15. General Provisions

  1. Force Majeure
    A Party is excused from performance under this Agreement to the extent performance is prevented or delayed by events beyond its reasonable control (e.g., natural disasters, government actions, wars, labor disputes). The affected Party will use reasonable efforts to resume performance as soon as practical.
  2. Independent Contractors
    The Parties are independent contractors. Nothing in this Agreement creates an agency, or joint venture relationship, except where explicitly stated (e.g., ZenBasket handling Merchant payments, credits, or refunds).
  3. Non-Exclusivity
    This Agreement is non-exclusive. Both you and ZenBasket are free to:
    • Enter into similar agreements with others;
    • Work with other products, platforms, or services, provided you comply with your obligations here (including confidentiality and acceptable use).
  4. No Waiver
    A Party’s failure to enforce any provision of this Agreement does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed.
  5. Entire Agreement
    This Agreement, together with any referenced or incorporated documents (including program terms and ZenBasket Policies), constitutes the entire agreement between the Parties regarding the Affiliate Program and supersedes all prior agreements or understandings related to its subject matter.
  6. Assignment
    • ZenBasket may assign or transfer this Agreement without notice to you.
    • You may not assign or transfer this Agreement without ZenBasket’s prior written consent. Any purported assignment without such consent will be void.
  7. Governing Law
    • For Affiliates managed by ZenBasket India: this Agreement is governed by the laws of India, and disputes are subject to the exclusive jurisdiction of courts in India.
    • For Affiliates managed by ZenBasket LLC (all other regions): this Agreement is governed by the laws of the applicable U.S. jurisdiction as defined in ZenBasket’s Terms of Use, and disputes are subject to those courts’ jurisdiction.
  8. Severability
    If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
  9. Feedback
    If you provide feedback, suggestions, or ideas regarding the Affiliate Program or Services (“Feedback”), ZenBasket may use such Feedback without restriction, and you grant ZenBasket all necessary rights to do so.
  10. Beta Services
    ZenBasket may invite you to test beta features or services. Beta Services are:
    • Provided “as is” with no warranties;
    • Subject to confidentiality;
    • May be altered or discontinued at any time.
  11. FTC & Disclosure Guidelines
    You are responsible for ensuring that all promotions comply with applicable advertising and disclosure regulations (e.g., FTC guidelines), including:
    • Clearly stating that you may earn commissions from ZenBasket when you promote it;
    • Not disguising affiliate links as non-affiliate links.