Intellectual Property Policy

As a venue for artists, designers, and makers, IndiaSilkArt takes intellectual property rights very seriously. We comply with intellectual property laws and industry best practices in order to maintain the integrity of our creative marketplace. This Intellectual Property Policy explains how we address allegations of infringement, how authorised parties can submit proper notices of infringement regarding content on our marketplace, and how IndiaSilkArt sellers can respond when their listings or shops are affected by a notice.

This policy is a part of our Terms of Use.

Read IndiaSilkArt’s Intellectual Property Policy

Reporting

If you would like to submit a notification of alleged infringement, counter a notice of copyright infringement submitted against you, or withdraw a notification of infringement that you submitted, please refer to the following information.

Report infringement on IndiaSilkArt
Use this form to provide a notice of claimed infringement to IndiaSilkArt.

Submit a DMCA counter notice
Use this information to counter a copyright infringement notice submitted against you.

Withdraw a notification of infringement you’ve submitted
Use this information to withdraw an infringement notice you’ve submitted to IndiaSilkArt.

Learning

If material was removed from your shop due to a notification of infringement or if you would like to learn more about intellectual property issues in general, please refer to the following information.

Support for intellectual property issues
Frequently asked questions about having material removed due to a notice of infringement.

Copyrighting and protecting your work
General information about intellectual property rights.

Seller Handbook articles on legal topics
Demystifying intellectual property law and other legal issues.

Q&A with IndiaSilkArt’s Legal Support Admin
Our Legal Support Team addresses common questions about IndiaSilkArt’s Intellectual Property Policy.

Policy

IndiaSilkArt adopted this intellectual property policy in accordance with industry best practices, general U.S. intellectual property laws, and the Digital Millennium Copyright Act.

Notices of Intellectual Property Infringement

IndiaSilkArt strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When IndiaSilkArt removes or disables access in response to a notice, IndiaSilkArt makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification. IndiaSilkArt may also provide a copy of the notice to the allegedly infringing party.

Counter Notification

If IndiaSilkArt receives a DMCA counter notification, the removed material may be replaced or access to it may be restored 10 business days after receipt of the counter notice, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs IndiaSilkArt of this action. IndiaSilkArt sends a copy of the counter notice to the original complaining party.

Repeat Infringement

IndiaSilkArt terminates account privileges of members that are subject to repeat notices of intellectual property infringement in appropriate circumstances and at IndiaSilkArt’s discretion.

Please use this form to provide notice of claimed infringement to IndiaSilkArt’s designated agent. If you are not able to use the reporting form, please see these requirements.

 

1) Affiliates Policy

IndiaSilkArt’s Affiliates Programme offers eligible affiliates, including blogs and other third party websites (“Affiliates”), the opportunity to earn commissions on qualifying sales that originate from links to IndiaSilkArt’s website on an Affiliate’s site. This Affiliates Policy explains your rights and responsibilities when participating in IndiaSilkArt’s Affiliates Programme.

This policy is a part of our Terms of Use. By participating in IndiaSilkArt’s Affiliates Programme, you’re agreeing to this policy and our Terms of Use.

1. Eligibility and Enrollment in IndiaSilkArt’s Affiliates Programme

Prospective affiliates must apply and be approved by IndiaSilkArt in order to gain access to the Affiliates Programme.

Affiliates are approved based on criteria such as site quality, site content, brand identity, and alignment with IndiaSilkArt’s values.

IndiaSilkArt sellers are not eligible for the Affiliates Programme. The following types of websites are also prohibited from participating in the Affiliates Programme:

  • “Cash-back” or voucher sites (websites that offer rewards for buying goods through referral links)
  • Price comparison sites
  • Advertising networks (online networks that sell or place advertisements)
  • Sites using “pop-ups” or “pop-unders” (websites that launch “pop-up” or hidden windows on users’ browsers)
  • Sites with content related to sexual, religious, political or other sensitive matters

Participation in the Affiliates Programme may be limited to Affiliates located in certain countries and is void where prohibited by law. IndiaSilkArt reserves the right to approve or reject any application to join the Affiliates Programme for any reason.

Prospective affiliates must apply and approved affiliates must enroll through the Affiliates Programme platform. Affiliates may leave the Affiliates Programme and terminate this agreement at any time by sending an email to enaffiliates@IndiaSilkArt.com. IndiaSilkArt reserves the right to remove Affiliates from the Affiliates Programme and refuse service to anyone, for any reason, at any time.

2. Commission Rates, Qualifying Sales and Payment

As an Affiliate, you can receive commissions for qualifying sales. Commission rates may vary. For current commission rates, click here.

Qualifying sales are sales made on IndiaSilkArt’s website (www.IndiaSilkArt.com) by users that arrived on the IndiaSilkArt site by clicking an approved link on an Affiliate’s site (an “Affiliate Link”). Affiliate links, including URLs and banners or other creative assets, can be found on the Affiliates Programme platform. Affiliates may not alter any of the text links or creative assets made available through the Affiliates Programme platform in order to receive payment. Affiliates are also requested not to hardcode Affiliate Links into their sites, so that any updates to creative assets take immediate effect.

The Affiliates Programme platform uses browser cookies to verify qualifying sales. The cookies are valid for thirty (30) days (the “Cookie Period”). Commissions are paid on qualifying sales made during the Cookie Period. This means that an Affiliate can receive a commission for a qualifying sale if the sale was made within thirty days of the user clicking the Affiliate Link, as long as the Affiliate was the last referrer. If a user clicks multiple Affiliate Links, the last Affiliate Link to be clicked prior to a qualifying sale will receive the commission. If the user’s last click prior to making the purchase was a paid channel, such as Google PPC, the purchase will not be a qualifying sale and an Affiliate will not receive a commission.

Commissions are calculated by multiplying the relevant commission rate and the price of the qualifying sales (excluding shipping costs and taxes). Commissions are not paid on sales that are cancelled or returned.

Commissions are subject to review and other limitations for fraudulent activity. IndiaSilkArt reserves the right to withhold commissions if fraudulent activity is found.

3. Programme Restrictions

Affiliates that violate any of the following programme restrictions may be suspended or removed from the Affiliates Programme and may not receive commissions, in IndiaSilkArt’s sole discretion:

Use of Voucher Codes

Affiliates may only promote voucher codes that are provided through the Affiliates Programme platform. Any expiration dates should be clearly displayed next to the voucher codes, and codes should be removed or explicitly marked as expired after the expiration dates. Affiliates displaying expired codes without marking them as being expired may be suspended from the Affiliates Programme.

Paid Search

IndiaSilkArt maintains a strict policy on paid search activity. Affiliates must comply with the following conditions on any ad platform, including, but not limited to search engines, content networks and social networking sites:

  • Affiliates are not permitted to bid or appear on searches that include the term “IndiaSilkArt”;
  • Affiliates are not permitted to bid or appear on extended or hybrid searches that include the term “IndiaSilkArt”;
  • Affiliates are not permitted to bid or appear on misspellings or variations of searches that include the term “IndiaSilkArt”;
  • Affiliates are not permitted to use IndiaSilkArt’s trademarks in any paid search activity, including ad text, copy or display URLs;
  • Affiliates are not permitted to direct link PPC activity to the IndiaSilkArt Site, this includes using the IndiaSilkArt website as a display URL;
  • Affiliates are not permitted to send traffic through automatic redirects on a website page;
  • Affiliates are not permitted to use the IndiaSilkArt name (including misspells and variations) as a sub-domain or sub-folder.

Responsibility for Your Site

You are solely responsible for your site, including its development, operation, and maintenance and all materials that appear on or within it. IndiaSilkArt disclaims all liability for your site and for any of your users’ claims relating to your site, and you agree to defend, indemnify, and hold IndiaSilkArt harmless from and against all claims relating to your site.

4. Related Policies

The Affiliates Programme platform is operated by Zanox/Affiliate Window, a third party. In order to enroll in the Affiliates Programme, you may be required to enter into a separate agreement with Zanox/Affiliate Window, which you should read carefully. IndiaSilkArt does not control Zanox/Affiliate Window and is not responsible for any activity by Zanox/Affiliate Window.

1) Affiliates Policy

IndiaSilkArt’s Affiliates Programme offers eligible affiliates, including blogs and other third party websites (“Affiliates”), the opportunity to earn commissions on qualifying sales that originate from links to IndiaSilkArt’s website on an Affiliate’s site. This Affiliates Policy explains your rights and responsibilities when participating in IndiaSilkArt’s Affiliates Programme.

This policy is a part of our Terms of Use. By participating in IndiaSilkArt’s Affiliates Programme, you’re agreeing to this policy and our Terms of Use.

1. Eligibility and Enrollment in IndiaSilkArt’s Affiliates Programme

Prospective affiliates must apply and be approved by IndiaSilkArt in order to gain access to the Affiliates Programme.

Affiliates are approved based on criteria such as site quality, site content, brand identity, and alignment with IndiaSilkArt’s values.

IndiaSilkArt sellers are not eligible for the Affiliates Programme. The following types of websites are also prohibited from participating in the Affiliates Programme:

  • “Cash-back” or voucher sites (websites that offer rewards for buying goods through referral links)
  • Price comparison sites
  • Advertising networks (online networks that sell or place advertisements)
  • Sites using “pop-ups” or “pop-unders” (websites that launch “pop-up” or hidden windows on users’ browsers)
  • Sites with content related to sexual, religious, political or other sensitive matters

Participation in the Affiliates Programme may be limited to Affiliates located in certain countries and is void where prohibited by law. IndiaSilkArt reserves the right to approve or reject any application to join the Affiliates Programme for any reason.

Prospective affiliates must apply and approved affiliates must enroll through the Affiliates Programme platform. Affiliates may leave the Affiliates Programme and terminate this agreement at any time by sending an email to enaffiliates@IndiaSilkArt.com. IndiaSilkArt reserves the right to remove Affiliates from the Affiliates Programme and refuse service to anyone, for any reason, at any time.

2. Commission Rates, Qualifying Sales and Payment

As an Affiliate, you can receive commissions for qualifying sales. Commission rates may vary. For current commission rates, click here.

Qualifying sales are sales made on IndiaSilkArt’s website (www.indiasilkart.com) by users that arrived on the IndiaSilkArt site by clicking an approved link on an Affiliate’s site (an “Affiliate Link”). Affiliate links, including URLs and banners or other creative assets, can be found on the Affiliates Programme platform. Affiliates may not alter any of the text links or creative assets made available through the Affiliates Programme platform in order to receive payment. Affiliates are also requested not to hardcode Affiliate Links into their sites, so that any updates to creative assets take immediate effect.

The Affiliates Programme platform uses browser cookies to verify qualifying sales. The cookies are valid for thirty (30) days (the “Cookie Period”). Commissions are paid on qualifying sales made during the Cookie Period. This means that an Affiliate can receive a commission for a qualifying sale if the sale was made within thirty days of the user clicking the Affiliate Link, as long as the Affiliate was the last referrer. If a user clicks multiple Affiliate Links, the last Affiliate Link to be clicked prior to a qualifying sale will receive the commission. If the user’s last click prior to making the purchase was a paid channel, such as Google PPC, the purchase will not be a qualifying sale and an Affiliate will not receive a commission.

Commissions are calculated by multiplying the relevant commission rate and the price of the qualifying sales (excluding shipping costs and taxes). Commissions are not paid on sales that are cancelled or returned.

Commissions are subject to review and other limitations for fraudulent activity. IndiaSilkArt reserves the right to withhold commissions if fraudulent activity is found.

3. Programme Restrictions

Affiliates that violate any of the following programme restrictions may be suspended or removed from the Affiliates Programme and may not receive commissions, in IndiaSilkArt’s sole discretion:

Use of Voucher Codes

Affiliates may only promote voucher codes that are provided through the Affiliates Programme platform. Any expiration dates should be clearly displayed next to the voucher codes, and codes should be removed or explicitly marked as expired after the expiration dates. Affiliates displaying expired codes without marking them as being expired may be suspended from the Affiliates Programme.

Paid Search

IndiaSilkArt maintains a strict policy on paid search activity. Affiliates must comply with the following conditions on any ad platform, including, but not limited to search engines, content networks and social networking sites:

  • Affiliates are not permitted to bid or appear on searches that include the term “IndiaSilkArt”;
  • Affiliates are not permitted to bid or appear on extended or hybrid searches that include the term “IndiaSilkArt”;
  • Affiliates are not permitted to bid or appear on misspellings or variations of searches that include the term “IndiaSilkArt”;
  • Affiliates are not permitted to use IndiaSilkArt’s trademarks in any paid search activity, including ad text, copy or display URLs;
  • Affiliates are not permitted to direct link PPC activity to the IndiaSilkArt Site, this includes using the IndiaSilkArt website as a display URL;
  • Affiliates are not permitted to send traffic through automatic redirects on a website page;
  • Affiliates are not permitted to use the IndiaSilkArt name (including misspells and variations) as a sub-domain or sub-folder.

Responsibility for Your Site

You are solely responsible for your site, including its development, operation, and maintenance and all materials that appear on or within it. IndiaSilkArt disclaims all liability for your site and for any of your users’ claims relating to your site, and you agree to defend, indemnify, and hold IndiaSilkArt harmless from and against all claims relating to your site.

4. Related Policies

The Affiliates Programme platform is operated by Zanox/Affiliate Window, a third party. In order to enroll in the Affiliates Programme, you may be required to enter into a separate agreement with Zanox/Affiliate Window, which you should read carefully. IndiaSilkArt does not control Zanox/Affiliate Window and is not responsible for any activity by Zanox/Affiliate Window.

2. Requests for Information Policy

IndiaSilkArt aims to be transparent and mindful as we reimagine commerce to build a more fulfilling and lasting world. In that spirit of transparency, this policy explains how we respond to requests for records or information about members of IndiaSilkArt’s community.

This policy does not constitute legal advice or a promise that IndiaSilkArt will respond in a specific way or at all. IndiaSilkArt reserves the right to deviate from these practices at any time. This policy is a part of our Terms of Use.

IndiaSilkArt Member Records and Information

Before you contact IndiaSilkArt for records or information, first see if the information you are seeking is publicly available or request the records directly from the relevant IndiaSilkArt member.

Some information about IndiaSilkArt buyers, sellers and Shops, such as a Shop’s name, the public name of its owner, and the Shop’s policies, is public and can be viewed by anyone at any time. In addition, IndiaSilkArt members may have access to certain records by logging in to their accounts. For example, IndiaSilkArt sellers can access and download sales records in .csv format, and all members can view their Conversation history by navigating to the relevant pages in their IndiaSilkArt accounts.

For more information about the records IndiaSilkArt collects, please see our Privacy Policy.

IndiaSilkArt Requires Valid Legal Process

Except in emergency situations or when consistent with our Terms of Use and Privacy Policy, IndiaSilkArt requires valid and sufficient legal process (such as a subpoena or court order, for example) to compel us to disclose records or information about an IndiaSilkArt member.

Legal process must contain enough identifying information so that IndiaSilkArt can identify the member’s account. A common name, for example, does not uniquely identify a member’s account. Your legal process should include information such as an email address, transaction ID, username, shop name, or payment information.

Serving IndiaSilkArt with Legal Process

All requests for member information must be made with valid and sufficient legal process and should be provided to IndiaSilkArt by (1) emailing a copy to legal@IndiaSilkArt.com, and (2) mailing or hand delivering a copy to our registered agent, CT Corp., Attn: IndiaSilkArt, Inc. c/o, The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. Receipt of legal process by these means is for IndiaSilkArt’s convenience only and does not waive any objections, including lack of jurisdiction, subpoena power, or improper service.

IndiaSilkArt is headquartered in the United States. We review legal process and requests for information issued from other countries on a country-specific basis. As a U.S.-based company, IndiaSilkArt may require that foreign legal process be domesticated under a Mutual Legal Assistance Treaty (“MLAT”), letters rogatory, or section 1782 of the U.S. code, as appropriate.

Emergency Circumstances

If your request for information involves an emergency involving a danger of death or serious physical injury to a member of the IndiaSilkArt community or any member of the public, please contact your local law enforcement. If you are a law enforcement officer seeking information relating to such an emergency, please email legal@IndiaSilkArt.com from your official email address and provide the following:

  1. Your name and title, the government agency you work for, and your full contact information (government email address, phone number, and fax number);
  2. A summary of the facts about the emergency situation, including how the situation poses a danger of death or serious physical injury to an IndiaSilkArt member or any person;
  3. The identity of the person or people who are in danger;
  4. The specific records sought and how they relate to the emergency; and
  5. Why legal process can't be obtained and the records must be disclosed without delay.

Notice to the Member Whose Records Are Sought

When IndiaSilkArt receives legal process seeking records or information about an IndiaSilkArt member, IndiaSilkArt may provide notice to that member, including a copy of the legal process. IndiaSilkArt may also allow the member enough time to appear and object to the legal process in court, if necessary.

Requests for Witness Testimony

IndiaSilkArt does not provide expert witnesses for trial or deposition. When IndiaSilkArt produces records, we provide a standard records custodian declaration of authenticity. A live testimony by a records custodian is unnecessary because the records are self-authenticating.

Cost Reimbursement

IndiaSilkArt may seek reimbursement for our costs directly incurred in searching for, assembling, collecting, and preparing records or information for production.