This Student Ambassador Agreement (hereinafter referred to as “Ambassador 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.
The Website is an e-learning platform, which has the following offerings:
- Self-paced recorded programs
- Live interactive courses
- Classroom trainings
ThisAmbassador Agreement is a legally binding document between the college students (hereinafter referred to as “Ambassador” (“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.
By using or otherwise accessing the Services, and/or by registering with the Company, you agree to the terms of this Agreement, including the information disclosed herein below, and to be bound by the same. If you do not agree with this Agreement, you should refrain from using the Services. Your access to any of Companies Platforms is also at the sole discretion of the Company.
The Ambassador shall be eligible to register themselves on the Website in accordance with clause 1 of this Ambassador Agreement and if they are registered users on the Website, who have created an account. The Ambassador 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 Ambassador account. The Ambassador 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 Ambassador can register on the Website at the URL at https://www.elearnmarkets.com/student-ambassador. The Website reserves the right to approve or deny registration of Ambassador based on the following eligibility criteria, amongst others:
i. Their willingness to work closely with the Website.
ii. Support in promoting the products through their social circle and networks as specified by the Company.
iii. Ambassador site suitability as per our Products.
iv. 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 Ambassador.
Subject to early termination or expiry of this Agreement, the term of this agreement shall be for 3 months from the date the parties agrees to this agreement through the Website. The term mentioned herein in this Agreement shall automatically renew for next 3 months until and unless terminated by either party.
a. Subjected to the provision of this Agreement, the commercial shall be mentioned in the Ambassador dashboard.
b. The Ambassador agrees that the amount payable shall be in accordance with the commercials mentioned in the Ambassador dashboard.
c. The qualified and genuine registration shall mean the registration with the correct details of the user which shall be verified by the Company.
d. The Ambassador share of amount shall only be payable only if the Ambassador fulfil all the terms and conditions mentioned in this Ambassador Agreement.
e. The Ambassadors, registration fee shall be paid on or before 10th calendar date of every month, for the previous month only after evaluating a data.
f. In certain cases, the Company may announce special offers for the Ambassador by its sole discretion, which shall be communicated through an email to the Ambassador or as deemed fit.
g. All registrations for the Company provided by the Ambassador may be accepted by the Company. The Company reserves the right to accept or reject any applications presented by the Ambassador.
h. The Ambassador agrees and understands that no payment shall be transfer in case of any false/fake documents not limited to but also include fake registrations.
5. RIGHTS AND OBLIGATIONS OF THE COMPANY
a. The Company shall share an offer letter to an on-boarding Ambassador along with the details of the work provided by the Company
b. The Company shall also conduct a training/mentorship sessions once in a week and share a task as required with the Ambassadors.
c. The Company shall add the Ambassador in the social community group i.e. Whatsapp as required.
d. Once the Ambassador successfully completes the Student Ambassador Program in accordance with this Agreement, the Company shall share the completion certificate to the Ambassador.
e. The Company reserves the right reject any application at its sole discretion without any reason.
f. The Company reserves the right to withhold the payment in case of any false/fake registrations as determined by the Company to ensure the valid and genuine registration. Any decision made by the Company in this regard shall be deemed to be final.
g. The Company shall be entitled and shall be in all positions to evaluate the data in case of any suspicious data found by the Company.
6. OBLIGATION OF THE AMBASSADOR
a. The Ambassador shall promote the offerings of the Website on social media, blogs, through email and other online media.
b. The Ambassador shall cooperate fully with the Company to establish and maintain links provided by the Company to the Ambassador through the Website.
c. The Ambassador shall carry out their promotional activities for genuine and qualified registration. The Ambassador shall not use any other link except the link created by the Ambassador from the dashboard, in any manner or otherwise, in case the Ambasaador uses any other link for registrations, the same shall be considered as spam or fake registrations.
d. The Ambassador shall be permitted to post content that pertains to coupons, discounts or offers provided by the Company exclusively through the Ambassador program by utlising links or banners circulated by the Company for that express purpose.
e. The Ambassador shall be mandated to submit certain documents including Pan Card, college ID and bank account details to the Company.
2. If the Ambassador 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 Ambassador account, providing 15 days’ prior intimation.
3. The Website has sole discretion to unilaterally block, suspend or cancel the account of any Ambassador 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.
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.
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.
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.
11. 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.
1. The Ambassador shall not misrepresent the relationship held by and between the Parties to this Agreement nor their participation in the Ambassador programme with the Website. The Ambassador, further, shall not be entitled to make any binding commitments or enter into any transactions on behalf of the Company, without the prior informed consent of the Company.
2. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The Ambassador shall have no authority to make or accept any offers or representations on our behalf. The Ambasaador will not make any statement on any forum that reasonably would contradict anything in this clause.
This Ambassador Agreement may be amended at any time by the Website, without prior intimation to the Ambassador.