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If my company set forth a condition that prevents me from performing some action, would it be allowed for me to still perform it?

Answered according to Hanafi Fiqh by Askimam.org

I am an affiliate of an ecommerce website. I advertise the products on my website and get commision for it. Sometimes when my friends ask for my opinion from where to buy a particular product i scan the web and if the best deal is on the particular website that i an affilaite of i tell them to buy it via my website so that i can get commision. Recently i read on their website the terms and conditions which states: “Please also note that you may not purchase products during sessions initiated through the links on your site for your own use, for resale or commercial use of any kind.

This includes orders for customers or on behalf of customers or orders for products to be used by you or your friends, relatives, or associates in any manner.

The reason behind this policy is that the Flipkart Affiliate Program is an advertising program rather than a discount program. Our goal is to have our affiliates refer new customers to us in return for referral fees.

Affiliates are not eligible for referral fees when they place orders themselves, or ask people they know to routinely place orders through their affiliate links so they can earn referral fees.” In light of this can i ask my friends to buy via my website.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu alaykum wa-rahmatullāhi wa-barakātuh.

We do not understand the procedure of how you as a member of the Flipkart Affiliate Program receive commission for advertising for the e-commerce website. This has not been stated in the query. What is the difference between commission for advertising and referral fees?

According to the last paragraph of the agreement, Affiliates are not eligible for referral fees when they place orders themselves, or ask people they know to routinely place orders through their affiliate links so they can earn referral fees., as an affiliate, you cannot ask you friends to purchase the product through your website and secure referral fees apart from the commission for advertisement. If this was the condition in the contract, then you will not be allowed to ask your friends to purchase through your website, as this would be a breach of the terms and conditions mentioned in the contract.

If you are having difficulty in understanding the exact condition set by the company, then it would be advisable to seek clarity directly from the company on the issue.

And Allah Ta’āla Knows Best

AbdulMannan Nizami

Student Darul Iftaa
Chicago, IL, USA

Checked and Approved by,
Mufti Ebrahim Desai.

www.daruliftaa.net

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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