|
 |
Terms and Conditions for Marketing Associates
|
| |
-
Information for Business and Commerce (InfoBanc) offers various Internet
related services to Indian manufacturers, exporters, importers and service
providers. For details of these services and other information, please
visit www.infobanc.com
-
While InfoBanc markets the services directly to end-users on its own, it
also wishes to appoint Marketing Associates (MA) at various places in
India and abroad for marketing its services. The Terms and Conditions
for becoming MA are given below. While signing up as Marketing Associate,
you are deemed to have read and agreed with these Terms and Conditions.
-
This agreement is between Information for Business and Commerce, 124-A/7, 3rd Floor,
Main Road, Katwaria Sara, New Delhi - 110016 (hereinafter called "InfoBanc") and
applicant for Marketing Associate Program (hereinafter called "MA") who has
filled-up the on-line Marketing Associate Application
Form whose link can be found on left menu panel
-
InfoBanc agrees to appoint the MA as its representative for marketing its
products/services and book orders within agreed marketing zones for its
products and services. The MA will approach potential clients through
physical meeting, telephone, fax, e-mail, web-site promotion etc. and
solicit sale of InfoBanc products and services.
-
MA will register details of such potential clients (hereinafter
called "Sales Leads") in specially created web-register maintained
at the web-site http://www.infobanc.com Each such Sales Lead will
contain a unique Registration Number and Date of Registration.
Access to this area of the web-site (MA Control Panel) needs User id
and password.
-
MA will register a Sales Lead only after soliciting sale of InfoBanc
products/services by contacting the potential client individually
through physical meeting, telephone, fax, e-mail etc. No sales lead
should be registered unless the potential client has been contacted
individually, not through mass mailing or such general approach.
InfoBanc reserves the right to demand evidence of such individual
sales contact before paying any commission or other incentive. MA
agrees to fully co-operate with InfoBanc in this regard and satisfy
designated officer of InfoBanc with required evidence.
-
If any company/individual, whose details have been registered as Sales
Lead by MA, buys product/service as specified in Sales Lead from
InfoBanc within 60 (sixty) days from date of registration - the MA
becomes entitled for agreed commission. The buyer of such product or
service need not mention MA's name or any other details in the
order form.
-
A sale will be deemed to be made when customer fulfils the specified sales
procedure and InfoBanc receives 100% payment for the product/service registered
in Sales Lead. A sale will be deemed invalid if the customer does not
pay 100% payment within specified period or cancels order or ask for refund.
-
If two MAs register sales lead for same company and the said company buys
infobanc services within 60 days from the date of registration of sales
lead - the MA who registered sales lead first will be eligible for commission.
In all cases, date of registration and validity of Sales Lead will be the
deciding factor. Any other mode of registering sales lead such as Verbal
communication, e-mail, postal mail etc. will not be entertained.
-
All sales leads will automatically expire after 60 days from the date
of registration. If MA does not post any sales lead for a long time
or the MA account remains inactive for 60 days - infobanc can terminate such
inactive MAs. Decision of infobanc in such cases will be final
-
All orders will be booked using procedure/stationery of InfoBanc.
All payment will be made in favour of 'Information for Business and
Commerce' in form of Cheque/Demand Draft/Bank Transfer and will be
sent to office of InfoBanc at 124-A/7, 3rd Floor, Main Road, Katwaria Sarai,
New Delhi - 110 016. MA will never collect cash on behalf of
InfoBanc or request customer to make cheque/dd payable in favour of
any entity other than 'Information for Business and Commerce'.
-
There are three levels in MA program, with differential
commission and Incentive pay-outs. Please visit
Explanation section for detail
explanation of every level and extent of commission and
other incentives. MA can view status of all sales leads
and total commission earned at MA Control Panel. MA can
request withdrawal of money from accumulated commission
from MA Control Panel. Minimum withdrawal amount is Rs. 1000.
-
MA will do their best to market the products and services of
InfoBanc by identifying potential clients, contacting them
individually and soliciting sale. Whenever necessary, it will
make available sales plan, market report, sales target etc.
to InfoBanc and keep InfoBanc abreast of all sales efforts
it is making.
-
InfoBanc will make available information on potential clients
from its database to MA depending upon level of MA and other
terms and conditions. InfoBanc is free to decide the extent
of such help and MA does not possess any right to dictate
terms of such assistance.
-
InfoBanc reserves the right to market and sell its Services through
its own employees or other representatives, and to appoint other
sales representatives, both within and outside of the geographic
areas in which Marketing Associate operates
-
MA agrees to bear all expenses in connection with sales, marketing,
promotion and other activities related to InfoBanc products and
services. MA shall not be entitled to reimbursement from InfoBanc
for any such expenses and MA shall hold InfoBanc harmless therefrom.
-
MA agrees not to communicate false or misleading information in any
form to potential clients or carry such material on their website.
InfoBanc will have absolute right to determine such false or
misleading propaganda which may include but not limited to :
mass unsolicited mailing (spam), misleading information about
infobanc products and services, false promise to garner sale, defrauding customer
or infoBanc, collecting cash payment from customer or any other
communication that is untrue. Any violation of this will result in
immediate termination of MA agreement without any notice and being
liable for damages as deemed by a court of law.
-
MA agrees not to register sales leads without contacting customers,
inflate sales leads through questionable means such as registration
of own business in the name of wife, daughter, son etc. or indulge
in any other unethical means to increase their commission/incentive
fraudulently (as determined solely by InfoBanc).
In case of doubtful sales, it is the OBLIGATION of the MA to prove
to InfoBanc that it is a valid sale - NOT through doubtful means.
InfoBanc will hold MA payment in 'Pending Status' until MA has
satisfactorily provided evidence that it is not defrauding the system.
-
MA agrees not to communicate objectionable materials through letter,
e-mail or any other form or carry such materials on their website which
would revoke their associateship, as determined by InfoBanc. Examples
of objectionable materials include but not limited to:
- Adult/sex related content or link to such sites
- Explicit, vulgar or obscene language posting
- Referencing of sexually explicit images or other offensive content
- Promotion of adult services, such as phone sex or escort services
- The content of website, newsletter or e-mail cannot infringe
on any personal, intellectual property or copyrights
- Content relating to Racial, ethnic, political, hate-mongering or
otherwise objectionable content
- Fraudulent investment, money-making opportunities or advice not
permitted under law
- Gratuitous violence or profanity material that defames, abuses, or
threatens physical harm to others or to you
- Promotion of illegal substances or activities such as
illegal online gambling, how to build a bomb, counterfeiting money,
etc.
-
InfoBanc reserves the right to terminate any MA contract for any
reason whatsoever. Termination notice will be provided via e-mail
and will be effective immediately. All legitimate moneys due to
MA will be paid during the next billing cycle. If MA defrauds
the system, then payment is revoked as determined solely by
InfoBanc.
-
As MA, you guarantee that all content, products, and services
on your website are legal to distribute and that you own or
have the legal right to use any and all copyrighted material.
-
MA irrevocably covenants, promises and agrees to indemnify
InfoBanc and to hold InfoBanc harmless from and against any
and all losses, claims, expenses, suits, damages, costs,
demands or liabilities, arising from any and all claims and
lawsuits for copyright, slander, libel, and trademark violation
as well as all other claims resulting from MA's web pages and/or
e-mails or other communications.
-
If any MA violates or refuses to take part in their
responsibilities, or commits fraudulent activity,
InfoBanc reserves the right to withhold payment and
take appropriate legal action to cover its damages.
-
InfoBanc reserves the right to change any conditions of this
contract at any time. Change notices are sent to MAs by email,
and MAs are responsible for complying with any changes to the
contract within 10 calendar days from the date of change. Failure
of the MA to terminate the agreement within those 10 calendar days
will constitute acceptance of the changes to this contract.
-
InfoBanc gives no warranty, express or implied, for any and all
services and products provided, including, but not limited
to, warranty of merchantability and warranty of fitness for a
particular purpose. This statement expressly includes any
reimbursement for losses of income due to disruption of service by
InfoBanc or its associated companies, web-sites.
-
MA agrees to settle any dispute under this agreement under the
laws of Delhi, India. Any litigation arising under this
Agreement will be brought in the courts of Delhi state.
-
If any provision of this agreement shall be held or made invalid or
unenforceable by a court decision, statute, rule or otherwise, the
remaining provisions of this agreement shall not be affected thereby.
-
Filling out this form constitutes an agreement between
InfoBanc and the MA.
|
|