Legal

Terms of Service

Effective date: 12 October 2026

1. About these Terms

These Terms of Service ("Terms") govern your use of the website at 123commission.com (the "Website") and the services offered by 123commission, New Delhi, India ("123commission", "we", "us" or "our"). By using the Website or submitting an application, you agree to these Terms. If you do not agree, please do not use the Website.

These Terms are an electronic record under the Information Technology Act, 2000 and the rules made under it, and do not require a physical or digital signature.

2. Who we are and what we do

123commission is a marketing intermediary. We introduce businesses that want to promote their products or services ("Brands") to individuals and businesses that promote them through their websites, social media, communities or other channels ("Publishers"), and we help coordinate performance-based campaigns between them.

We do not sell, manufacture, ship, store or guarantee any product or service promoted through our network, and we are not a party to any sale between a Brand and its customers.

3. Eligibility

• You must be at least 18 years old and legally able to enter into a binding contract under the Indian Contract Act, 1872.
• If you apply on behalf of a business, you confirm that you are authorised to bind that business.
• You must provide accurate, current and complete information and keep it updated.

4. Applications are not contracts

Submitting a form on the Website is an application only. We may accept or decline any application at our discretion and are not required to give reasons. No partnership, campaign, commission or payment obligation arises until both parties sign a separate written agreement or campaign terms (an "Agreement"). If an Agreement conflicts with these Terms, the Agreement prevails for that campaign.

5. Brand obligations

• Brands are solely responsible for their products and services, including their quality, safety, legality, pricing, delivery, returns, refunds, warranties and customer support.
• Brands must ensure that all claims, offers and creative material they supply are truthful, substantiated and lawful, including under the Consumer Protection Act, 2019 and the ASCI Code.
• Brands must provide accurate order, delivery, cancellation and return data needed to validate commissions, within the timelines set in the Agreement.
• Brands must pay commissions and fees as set out in the Agreement. Taxes, including GST, are charged in addition where applicable.

6. Publisher obligations

• Publishers must clearly disclose paid, sponsored or affiliate relationships (for example "#ad" or "#affiliate") in line with the ASCI Guidelines for Influencer Advertising in Digital Media and applicable law.
• Publishers must not make false, misleading or unapproved claims about any product, and must follow each campaign's promotion rules.
• Publishers must not use spam, bots, fake accounts, incentivised or forced clicks, cookie stuffing, self-purchases, fake or test orders, misleading coupons, or any other method that creates artificial or invalid activity ("Invalid Activity").
• Publishers must not bid on a Brand's trademarks in search advertising, or impersonate a Brand, unless the Brand has expressly permitted it in writing.
• Publishers must provide a valid PAN, bank details and any other information needed to process payments and meet tax requirements.

7. Commissions, validation and payment

• Commission rates, the qualifying action, the validation period and the payment schedule for each campaign are set out in the Agreement. Any rates, ranges or examples shown on the Website are illustrative only and are not an offer or a guarantee.
• Commission is payable only on orders or actions that are tracked through our approved links or codes and that pass validation. Unless the Agreement says otherwise, cancelled, returned, undelivered (RTO), refunded, duplicate or fraudulent orders, and orders linked to Invalid Activity, do not qualify.
• Publisher payouts are made only after we receive the corresponding payment from the Brand. We are not liable to pay a Publisher for amounts a Brand has not paid to us.
• Payments are made after deduction of tax at source (TDS) where required under the Income-tax Act, 1961, and are subject to any other taxes required by law.
• Our tracking records and the Brand's validated order data are the basis for calculating commissions. Any dispute about a payment must be raised in writing within 30 days of the relevant statement.

8. Invalid Activity, withholding and suspension

If we reasonably suspect Invalid Activity or a breach of these Terms or an Agreement, we may, without liability: withhold or reverse commissions connected with it; recover commissions already paid on invalid orders, including by set-off against future payouts; pause or remove links and campaigns; and suspend or terminate the account involved. Where practical, we will inform you of the reason.

We use reasonable checks to reduce Invalid Activity, but no system can detect all fraud. We do not guarantee that all traffic or orders will be genuine, and Brands should keep their own order verification in place.

9. Intellectual property

The Website, its design, text, graphics and the "123commission" name and logo belong to 123commission and may not be copied or used without our written permission. Brands grant Publishers, through us, a limited, revocable, non-exclusive licence to use the Brand's approved names, logos and creative material solely to promote the relevant campaign while it is active. All rights not expressly granted are reserved.

10. Confidentiality

Each party will keep confidential any non-public commercial information received from another party, including commission rates, sales data and customer information, and will use it only for the relevant campaign, except where disclosure is required by law.

11. Disclaimers

The Website and our services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we make no warranties, express or implied, including about sales volumes, earnings, results, the conduct of any Brand or Publisher, or uninterrupted or error-free operation of the Website or any tracking system. Information on the Website is for general information only and is not legal, tax or financial advice.

12. Limitation of liability

To the maximum extent permitted by law, 123commission will not be liable for any indirect, incidental, special, consequential or punitive loss, or for any loss of profits, revenue, data or goodwill, arising from your use of the Website or our services. Our total liability for any claim arising out of or relating to these Terms or our services is limited to the total fees or commissions actually retained by 123commission from you in the three (3) months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.

13. Indemnity

You agree to indemnify and hold harmless 123commission against any third-party claims, losses, penalties and reasonable costs (including legal fees) arising from your breach of these Terms or an Agreement, your content or products, your violation of any law, or your infringement of any third-party rights.

14. Termination

Either party may end its relationship with us by written notice, subject to any notice period in the Agreement. We may suspend or terminate access immediately for breach, Invalid Activity or where required by law. Commissions validated before termination will be settled under the Agreement, subject to section 8. Sections 7 to 13, 15 and 16 survive termination.

15. Changes to these Terms

We may update these Terms from time to time. The updated version will be posted on this page with a new effective date. Continued use of the Website after that date means you accept the updated Terms. Changes do not affect commissions already validated under an existing Agreement.

16. Governing law and disputes

These Terms are governed by the laws of India. The parties will first try to resolve any dispute through good-faith discussion for 30 days. Subject to that, the courts at New Delhi, India will have exclusive jurisdiction.

17. Grievances and contact

For questions about these Terms, write to hello@123commission.com. For complaints, including about content or conduct on our network, write to our Grievance Officer at grievance@123commission.com. We will acknowledge complaints within 24 hours and aim to resolve them within 15 days, as provided under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, where applicable.