Affiliate Partner Terms

1. Acceptance and Enrolment

The Wamafy Affiliate Partner Programme (the "Programme") is operated by kCube Consultancy Services Pvt Ltd, a company registered in India with its registered office at 58 Rajarthinam Avenue, 2nd Cross Street, Injambakkam, Chennai 600115, Tamil Nadu, India ("Wamafy", "we", "us", "our").

By applying to the Programme, accepting an approval, or using a referral link issued to you, you ("Partner", "you") agree to these terms. If you do not agree, do not participate in the Programme.

Applications are reviewed manually. We may accept or refuse any application at our sole discretion, without giving reasons, and we are not obliged to enrol you or to explain a refusal.

Your referral link becomes active, and commission can be earned, only once both of the following have happened:

• we have approved your application and set your account status to approved; and
• you have completed your payout profile in your partner account, being your name exactly as it appears on your bank account, your PAN, your bank account number, account type, bank name, branch and IFSC code, your postal address, and your GSTIN if you have one.

We ask for these after approval rather than on the application form, and we hold the link until they are given, so that you are never introducing businesses before we are able to pay you. Referrals made while your link is inactive are not recorded and cannot be credited afterwards.

The name on your payout profile must match the name on the bank account you give us, and your PAN must be your own or your entity's. A payment we cannot make because these do not match is not a payment we have failed to make.

You must be at least 18 years old and legally capable of entering into a binding contract. Information you give us, including identity, tax and bank details, must be accurate and kept up to date. One partner account is permitted per person or per legal entity, and this is enforced on your PAN: an application whose PAN is already held by another partner account will be refused.

2. Definitions

• Referral Link is the unique tracking link or code we issue to you.
• Referred Customer is a business that creates a new Wamafy workspace and is attributed to you under section 5.
• Qualifying Payment is a subscription or add-on payment that we have actually received from a Referred Customer, that has cleared, and that we have not refunded or lost to a chargeback.
• Net Revenue is the amount of a Qualifying Payment excluding GST and any other tax, levy or duty.
• Acquisition Payment is the first Qualifying Payment we receive from a Referred Customer. There is exactly one per Referred Customer, whatever their billing frequency and whatever period it covers.
• Renewal Payment is every subsequent Qualifying Payment from that Referred Customer.
• Commission is the amount calculated under sections 6 and 7 on Net Revenue.

3. Relationship Between Us

You are an independent contractor. Nothing in these terms creates an employment relationship, agency, partnership, joint venture, or franchise between us. You are not our representative, reseller or distributor.

You have no authority to bind us, to enter into any agreement on our behalf, to accept money on our behalf, to make any promise, warranty or representation about Wamafy beyond what appears in our published materials, or to offer any discount, rebate, refund, service level or contractual term to any person. Any such commitment is void as against us, and you are solely responsible for it.

You bear your own costs of participating, including marketing, advertising, staff, travel and technology. We are not obliged to reimburse any of them, whether or not a referral results.

The Programme is non-exclusive. Nothing prevents us from working with other partners, including in your territory or market, or from selling directly to any business, including one you have approached.

4. What Counts as a Referral

A referral must be a genuine introduction of a business that you do not own or control, that is not already a Wamafy customer, and that has not already been contacted by our sales team or attributed to another partner.

The following do not qualify and earn no commission: your own business or workspace; a business owned, controlled or beneficially held by you, a relative, an employee or an associated entity; a workspace created by you on behalf of someone else; an account created to test, demonstrate or trial the Programme; and any account created using details that are false, borrowed or belong to someone who has not consented.

5. Tracking and Attribution

Attribution is recorded when a workspace is created. If a visitor arrives through your Referral Link, we store an identifier in their browser and, if they register, we record the workspace as yours at that moment.

Attribution is first touch and is never changed afterwards. Where more than one partner link has been used, the earliest recorded referral applies. A workspace that was created without an attribution cannot be attributed to a partner later, by us or by anyone else.

Tracking depends on the visitor's browser and device. It can fail for reasons entirely outside our control, including browser privacy settings, cookie blocking, ad blockers, private browsing, clearing of cookies, switching device or browser between the click and the signup, and in-app browsers that discard storage. We give no warranty that every referral will be tracked, and we are not liable for any referral that is not recorded, however that happens.

Our records are the sole and determinative record of referrals, attributions and commission, save for manifest error. We maintain a log of referral link visits and will review it in good faith when you raise a query. Any claim that a referral or commission has been recorded incorrectly must be raised in writing within 60 days of the statement or event to which it relates. A claim raised after that period is waived.

6. What Commission Is Earned On

Commission is calculated on Net Revenue from Qualifying Payments, and only on Qualifying Payments. In particular:

• Commission is calculated on the amount excluding GST. Tax is collected on behalf of the government and is not our revenue.
• Nothing is earned during a free trial, a free or discounted promotional period, or any period in which the Referred Customer pays nothing.
• Nothing is earned on a payment that fails, is reversed, is refunded, is charged back, or that we do not receive.
• Nothing is earned on amounts we credit, waive, discount or write off, or on any part of an invoice settled by credit rather than payment.
• Commission is not payable on a Referred Customer's use of any third-party service, on charges collected on behalf of a third party, or on any amount that is not a subscription or add-on fee.

7. Commission Rates

Commission is paid at two different rates depending on how long a Referred Customer has been paying us. Both are published on our affiliate page, and the rate that applies to a given month is the rate in effect during that month.

• On the Acquisition Payment. A rate set by the total monthly revenue your Referred Customers generate in that month, applied to Net Revenue. Where you introduce Referred Customers who make their first payment in that same calendar month, an additional bonus is payable, calculated as a percentage of the Commission earned in that month on Acquisition Payments and not as an addition to the rate. By way of illustration, a rate of 40% with a 5% bonus produces 40% of Net Revenue plus 5% of that amount, being 42% of Net Revenue in total. An Acquisition Payment is a customer's first payment to us and not the date they registered, so a free trial does not affect it.
• On every Renewal Payment, for as long as they remain a customer. A single flat rate, published on the affiliate page, with no revenue tier applied and no volume bonus of any kind. The bonus is payable only on Commission arising from Acquisition Payments.

The revenue tier is determined by the revenue already recorded in that calendar month at the time each payment is processed, so a single payment never raises the rate applied to itself. Volume bonus bands do not accumulate: only the highest band you qualify for in a month applies.

We may change the rates, the tier thresholds, any bonus, and the basis of calculation at any time. Changes apply from the date they are published and affect commission earned after that date, including on customers you referred before the change. Changes do not reduce commission already accrued. Your continued participation after a change is your acceptance of it. No rate is guaranteed for any period.

8. Verification, Payouts and Tax

Commission is verified monthly. Verified commission for a calendar month is released on or before the 10th day of the following month, subject to the conditions in this section.

• Payment is made only when your verified unpaid balance is at least Rs 10,000 at the time of the run. A balance below that amount carries forward to the following month and is not lost; it remains owed to you and is paid in the first run in which your balance reaches the minimum. We may change the minimum payout amount on notice, and the amount in effect at the time of a run is the one that applies to it.
• Payment is made only when we hold a valid PAN, complete and correct bank details, and any identity or tax documents we reasonably request. Where you are GST registered, we may require a valid tax invoice before releasing payment.
• Tax deducted at source is withheld at the applicable rate under Indian law and reflected on your statement. You are solely responsible for your own income tax, GST and any other tax arising from amounts we pay you, and for your own filings.
• We pay to an Indian bank account in Indian Rupees. Bank charges, currency conversion and any intermediary fees are yours.
• We may withhold or delay any payment while we investigate a suspected breach, a suspected fraudulent referral, a chargeback or an unresolved query, and for a reasonable period afterwards.
• A delay caused by incorrect or incomplete details, a failed transfer, a missing document, a banking outage or a public holiday is not a breach of these terms by us.
• We may set off any amount you owe us, including a clawback under section 9, against any amount we owe you.
• A balance that remains unclaimed, or that we are unable to pay because of details you have not corrected, for 12 months after it first became payable may be forfeited.

9. Reversals and Clawbacks

Commission follows money we have received and kept. If a payment is later refunded, reversed, charged back, or found not to have cleared, the commission on it is reversed. If commission is found to have been earned in breach of these terms, or on a referral that was not genuine, it is reversed in full.

A reversal is applied against your unpaid balance. Where your unpaid balance is insufficient, the shortfall is carried forward against future commission, and we may require repayment of amounts already paid to you. Amounts recoverable under this section are a debt due to us.

10. What You Must Not Do

You must not do any of the following, whether directly or through anyone acting for you:

• Send unsolicited or unlawful marketing of any kind, including email, SMS, WhatsApp messages, or automated calls, or anything that breaches applicable telecom, data protection or advertising law, or WhatsApp and Meta platform policies.
• Bid on, or otherwise use in paid advertising, our name, our trademarks, or any misspelling or variant of them, without our prior written consent.
• Register or use any domain name, social media handle, application name or business name containing "Wamafy" or anything confusingly similar.
• Represent yourself as Wamafy, as an employee or official representative of Wamafy, or in any way that could lead a reasonable person to believe they are dealing with us directly.
• Make any claim about our product, pricing, performance, security, compliance or roadmap that is not in our published materials, or guarantee any result or outcome.
• Offer any rebate, cashback, incentive, discount or inducement in exchange for a signup, or run the Programme through coupon, deal or cashback sites, without our prior written consent.
• Manipulate tracking, including cookie stuffing, forced clicks, iframes, redirects, automated or scripted visits, or creating accounts to generate attributions.
• Create or arrange the creation of accounts using false, borrowed or non-consenting identities, or register a business without its authority.
• Promote Wamafy alongside content that is unlawful, deceptive, obscene, hateful, discriminatory, or that infringes anyone else's rights.
• Share, sell or misuse any personal data of a prospect or customer, or pass us personal data you were not entitled to collect or share.

A breach of this section entitles us to suspend you immediately, reverse affected commission, withhold or forfeit any unpaid balance, and terminate your participation, without prejudice to any other remedy.

11. Use of Our Brand

We grant you a limited, non-exclusive, non-transferable, revocable licence to use our name and logo solely to promote Wamafy under the Programme, in the form we supply and without modification. The licence grants you no ownership of any kind and ends automatically when your participation ends, at which point you must remove all such use promptly.

You must clearly and conspicuously disclose that you earn a commission wherever you promote Wamafy, as required by applicable advertising standards. We may require you to change or remove any material referring to Wamafy at any time, and you must comply promptly. You must not issue any press release or public statement about us or the Programme without our prior written consent.

12. Confidentiality and Data Protection

Commission rates negotiated with you, customer information, revenue figures, product roadmaps and anything else we mark or would reasonably be understood as confidential must not be disclosed to anyone or used for any purpose other than the Programme.

You are independently responsible for your own compliance with the Digital Personal Data Protection Act, 2023 and any other applicable data protection law in respect of the personal data you collect and use in promoting Wamafy. You will indemnify us for any claim arising from your handling of personal data.

13. No Guarantee of Earnings

We make no representation, promise or projection about how much you will earn. Any figure, example or illustration is hypothetical and is not a forecast. Earnings depend entirely on your own effort, your market, and the decisions of the businesses you introduce, none of which we control. Many partners earn nothing.

14. Changes to Our Product and Pricing

We may change our plans, prices, features, packaging and terms of sale, and may withdraw any plan, add-on or the entire product, at any time. Any such change may reduce or eliminate the commission you earn from existing Referred Customers. We are not liable for that outcome, and no such change entitles you to compensation.

15. Changing, Suspending or Ending the Programme

We may modify, suspend or discontinue the Programme, in whole or in part, at any time and for any reason, without liability to you. We will give reasonable notice of a discontinuation where it is practical to do so, by email or through your partner account.

When the Programme ends, commission stops accruing from the effective date, including on Referred Customers who continue to pay us afterwards. Commission verified as earned before that date is paid in the normal cycle under section 8, subject to the minimum payout and to sections 9 and 16.

References to "lifetime", "recurring" or "no expiry" commission describe the absence of a fixed cut-off on an individual referral while the Programme is in effect and you remain in good standing. They are not a promise that the Programme will continue for any period, and they do not create any entitlement to future commission after the Programme ends or your participation is terminated. You are not entitled to compensation, damages or any payment for anticipated, projected or lost future commission.

16. Term, Suspension and Termination

Either of us may end your participation at any time, for any reason or none, by written notice, including by email. We may suspend your participation and your Referral Link immediately, without notice, where we reasonably suspect a breach of these terms, fraudulent or manipulated referrals, or conduct that exposes us to legal or reputational risk, and may keep the suspension in place while we investigate.

On termination your Referral Link stops attributing new signups and commission stops accruing from the effective date, including on existing Referred Customers. Commission verified as earned before that date is paid in the normal cycle, except where participation was terminated for breach of section 4 or section 10 or for fraudulent activity, in which case any unpaid balance may be withheld or forfeited and amounts already paid may be recovered.

Termination of your participation does not affect the Wamafy accounts of businesses you referred. They remain our customers on the ordinary terms of service.

17. Disclaimers

The Programme, the Referral Link, tracking, reporting and any partner dashboard are provided on an "as is" and "as available" basis. To the maximum extent permitted by law we disclaim all warranties, express or implied, including any warranty that tracking or reporting will be uninterrupted, timely, complete, accurate or error free, and any warranty of merchantability or fitness for a particular purpose.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KCUBE CONSULTANCY SERVICES PVT LTD IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS, OR FOR ANY LOSS OF PROFIT, REVENUE, ANTICIPATED COMMISSION, BUSINESS, GOODWILL OR OPPORTUNITY, ARISING OUT OF OR RELATING TO THE PROGRAMME, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY.

Our total aggregate liability arising out of or relating to the Programme is limited to the total commission actually paid to you in the six months immediately preceding the event giving rise to the claim.

19. Indemnity

You agree to indemnify, defend and hold harmless kCube Consultancy Services Pvt Ltd, its directors, officers, employees and agents from and against any claim, demand, proceeding, loss, liability, damage, fine, penalty, cost or expense, including reasonable legal fees, arising out of or relating to your participation in the Programme, your promotional activity, any statement you make about us, your breach of these terms, or your breach of any applicable law or third-party right.

20. Governing Law and Jurisdiction

These terms are governed by the laws of India. Any dispute arising out of or relating to these terms or the Programme is subject to the exclusive jurisdiction of the courts in Chennai, Tamil Nadu, India.

21. Changes to These Terms

We may update these terms at any time by posting the revised version on this page and updating the date at the top. Where a change is material we will make reasonable efforts to notify you by email or through your partner account. Your continued participation after a change takes effect is your acceptance of it. If you do not accept a change, your remedy is to stop participating under section 16.

22. General

• We may assign or transfer these terms, in whole or in part, without your consent. You may not assign yours, or transfer your partner account or Referral Link, without our prior written consent.
• If any provision is held unenforceable, it is severed and the remainder stays in force.
• A failure or delay in enforcing any provision is not a waiver of it.
• These terms, together with our Terms of Service and Privacy Policy, are the entire agreement between us about the Programme, and supersede any prior discussion, proposal or representation, including any marketing material.
• Sections 5, 6, 8, 9, 12, 13, 15, 17, 18, 19 and 20 survive termination.
• Neither of us is liable for a failure to perform caused by events beyond reasonable control.
• Notices to you may be sent to the email address on your partner account. Notices to us go to the address below.

23. Contact

Questions about these terms or the Programme: