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Affiliate Agreement

This Affiliate Agreement is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

This Affiliate Agreement is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website www.elearnmarkets.com (hereinafter referred to as the “Website”) which is owned and operated by [Kredent Infoedge Private Limited] (hereinafter referred to as the “Company”), having its office at 1st floor, 3, Pretoria St, Elgin, Kolkata, West Bengal 700071

The Website is an e-learning platform, which has the following offerings:

  1. Self-paced recorded programs

  2. Live interactive courses

  3. Classroom trainings

  4. Webinars

  5. Bootcamps/workshops

  6. E-books

This Affiliate Agreement is a legally binding document between the Affiliate (‘You’) and the Website (‘We/Us’). This agreement will be effective upon Your acceptance of the same and will govern the relationship and transaction between You and the Website for the use of the Services offered through the Website.

Therefore, both the Company and Affiliate is individually known as “Party” or by the respective names and collectively considered as “Parties”.

1. REGISTRATION

The Affiliate shall be eligible to register themselves on the Website if they are competent to contract under the Indian Contract Act, 1872 and if they are registered Users on the Website, who have created an account. The Affiliate shall not be permitted to link their social media accounts in lieu of registration on the Website and shall be required to create a standalone Affiliate account. The Affiliate shall be obligated to provide correct and true information to the Website at the time of registration and shall update any changes to such information as may be applicable, from time to time, in a timely manner.

The Affiliate can register on the Website at the URL at https://www.eleranmarkets.com/affiliate. The Website reserves the right to approve or deny registration of Affiliates, based on the following eligibility criteria, amongst others:

  1. Location of the Affiliate

  2. Their willingness to work closely with the Website

  3. Support in promoting the products through their social circle and networks

  4. Affiliate site suitability as per our Products

  5. All documents as per the policy

The Website shall have final discretion in approving and rejecting requests and the same cannot be challenged or questioned by the Users or potential Affiliates.

2. RIGHTS AND OBLIGATIONS OF THE COMPANY

  1. The Company shall be entitled to withhold payment to the Affiliate for a reasonable period, to be determined at the discretion of the Company, in order to ensure that all qualified purchases are valid and payment from customers referred by the Affiliate are legitimate. Any decision made by the Company in this regard shall be deemed to be final

  2. The Company shall be entitled and shall be in all positions to evaluate the data in case of any suspicious registrations found by the Company or otherwise.

  3. The Company shall be entitled to withhold the payment in case of the spam or fake registrations in order to ensure the valid registrations.

  4. The Company shall share an affiliate code with the Affiliate and may also share creatives with the Affiliates for certain offerings.

  5. As per the policy, the Company shall have the right to deny to transfer any data to the Affiliate under any circumstances, in any manner or otherwise.

  6. The Company shall update the Affiliate in case of any change in the products which are referred by Affiliates to its cusotmers.

  7. The Company shall receive course fees directly from users and shall only transfer commission fees as laid out hereinbelow to the Affiliates.

3. OBLIGATIONS OF THE AFFILIATE

  1. The Affiliate shall promote the offerings of the Website on social media, blogs, through email and other online media.

  2. The Affiliate shall cooperate fully with the Company to establish and maintain links provided by the Company to the Affiliate through the Website.

  3. The Affiliate shall carry out their promotional activities using links for that express purpose that are supplied by the Website. The Affiliate shall not use any other link except the link created by the Affiliate from the Affiliate dashboard, in any manner or otherwise, in case the Affiliate uses any other link for registrations, the same shall be considered as spam or fake registrations.

  4. The Affiliate shall have to stay updated about the various offerings of the Website and check the Website periodically.

  5. The Affiliate shall be permitted to post content pertaining to discounts that may be offered from time to time by the Website.

  6. The Affiliate shall be permitted to post content that pertains to coupons, discounts or offers provided by the Company exclusively through the Affiliate program by utlising links or banners circulated by the Company for that express purpose.

  7. The Affiliate shall be mandated to submit certain documents including Pan Card, ID proof and bank account details tp the Company.

4. COMMERCIALS

  1. Every Affiliate shall be eligible to earn commission fees (‘Affiliate Commission’) on every qualified purchase made by a user during the term of affiliate-ship as mentioned in the Affiliate panel subject to the validation of the qualified purchases which shall not include any spam/fake registrations.

  2. A qualified purchase shall mean direct sale of any of the products of the company which the user purchases and whose payment is duly received by the company.

  3. Upon the Effective Date of this Agreement, Affiliate may, from time to time, refer potential clients/customers to Company. Company will pay Affiliate a fee for these referrals.

  4. The Affiliate Commission shall be calculated as a certain percentage of the net sale proceeds of every qualified purchase, being the listed price deducting any discount (whether such discounts are generic or exclusive to the Affiliate Program), payment gateway charges and any other direct cost.

  5. The Affiliate Commission percentage shall be decided on a case-by-case basis with mutual consent between the Company and the Affiliate, between the time of registration and prior to activation of the Affiliate account by the Company – and may be altered at any time by the Company at its sole discretion. Approval of an Affiliate by the Website subsequent to registration may take up to 30 days.

  6. The Affiliate Commission shall only be reflected in the Affiliate dashboard upon completion of 7 days from the date of successful sale of the e-products wherein the Affiliate code was used.

  7. All redeemed Affiliate Commissions shall be credited to the registered bank account of the Affiliate in accordance with the payment cycle mentioned hereinabove.

  8. Any applicable tax rules are to be considered, in accordance with prevailing laws in force.

  9. The Affiliate Commission shall be paid as per point 5 above on or before the 20th calendar date of every month, for the previous month only after evaluating the data

  10. In the event that a student who has availed of the services of the Website pursuant to the promotional activities of a specific Affiliate seeks a refund thereafter and succeeds, the Affiliate Commission paid to such Affiliate pursuant to the refunded qualified purchase shall be refunded to the Company.

5. CANCELLATION

  1. The Affiiliate is bound by the Terms of Service and Privacy Policy of the Website, and any deviation therefrom shall qualify as grounds for cancellation of the Affiliate account by the Website.

  2. If the Affiliate is found to not be working in the interest of Users or creating negative discourse about the Website/products, the Website reserves the right to block the Affiliate account, providing 15 days’ prior intimation

  3. The Website has sole discretion to unilaterally block, suspend or cancel the account of any Affiliate in accordance with its policies.

Expiry or earlier termination of this Agreement will not prejudice any rights of the Parties that may have accrued prior thereto. All continuing obligation which has arisen prior to such termination shall continue to be binding on the Parties.

6. TERMINATION

  1. Either Party may, without cause, terminate this Agreement by giving the other Party written notice of 15 days.

  2. In the event of material breach of this Agreement by either Party (“Breaching Party”), the other Party (“Non-Breaching Party”) shall be entitled to terminate this Agreement with a written notice of 15 (fifteen) days provided that such material breach, if capable of being remedied, is not remedied by the Breaching Party within the said 15 (fifteen) days’ notice.

  3. Expiry or earlier termination of this Agreement will not prejudice any rights of the Parties that may have accrued prior thereto. All continuing obligation which has arisen prior to such termination shall continue to be binding on the Parties.

  4. The Company shall terminate the account of the Affiliate in case of spam or fake registrations without giving any prior notice.

7. CONSEQUENCES OF TERMINATION

In the event this Agreement is terminated in accordance with above Clause , the Affiliate agree and confirm that the services, prior to the effective date of termination shall continue to be valid till the end of its respective Validity Period and the Parties Affiliate fulfil their respective obligations with respect to the services as if the Agreement is not terminated.

Notwithstanding anything contained anywhere in this Agreement or related agreements or documentations existing or occurring in future, all continuing obligations of the respective Affiliate which by its nature is meant to survive the termination, shall survive irrespective of the termination thereof.

8. PENALTY

In case the Affiliates violates any of the provisions mentioned above and below stipulated in this agreement, the same shall be sanctioned by the non-payment for the, total registrations by the Affiliate. although the Company reserves the right to prove greater damages and to obtain the cessation of the violation and obtain compensation by all legal means.

9. CONFIDENTIALITY

Each Party shall treat any data and information, whether written, oral or visual, disclosed to it or which comes into its possession or knowledge in connection with this Agreement as confidential and shall not disclose the same to any others, except as may be required by law or as may be required to be disclosed on a "Need-to-Know" basis for implementing this Agreement.

10. INDEMINITY

The Affiliate agree that the Company shall be indemnified from any harm through any suits, action, claim whether civil or criminal by any other person whatsoever arising out of the Affiliate services in any manner or otherwise.

11. HEADINGS

The headings contained in this Agreement are solely for the purpose of reference and shall not in any way affect the meaning or interpretation of this Agreement.

12. SEVERABILITY

If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid, unenforceable or illegal, such provision shall be enforced to the maximum extent possible and the remaining provisions shall remain in full force and effect.

13. GOVERNING LAW AND ARBITRATION

This Agreement shall be governed by the laws of India. Any disputes or differences whatsoever between the Parties which cannot be settled by mutual discussions shall be settled by arbitration at Kolkata, West Bengal under and in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. Nothing contained in this clause will preclude either Party from applying for and obtaining any injunctive, prohibitory or other similar urgent or interim relief from a competent Court of law, for which the Courts at Kolkata shall have exclusive jurisdiction.

14. MISCELLANEOUS

  1. The Affiliate shall not misrepresent the relationship held by and between the Parties to this Agreement nor their participation in the Affiliate programme with the Website. The Affiliate, further, shall not be entitled to make any binding commitments or enter into any transactions on behalf of the Website, without the prior informed consent of the Website.

  2. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The Affiliate shall have no authority to make or accept any offers or representations on our behalf. The Affiliate will not make any statement on any forum that reasonably would contradict anything in this clause.

This Affiliate Agreement may be amended at any time by the Website, without prior intimation to the Affiliate.