Terms and Conditions
SPARSS E-Commerce Platform Terms of Use
(FOR AFFILIATES)
WHEREAS SPARSS is in the E-commerce platform dealing in various
goods and services.
AND WHEREAS the AFFILIATE had
been the consumer of SPARSS and the AFFILIATE being impressed with the goods or
services of SPARSS, intends to the join SPARSS
to promote their online business on its social media platforms as an AFFILIATE
on incentive basis on each sale solely for commercial purpose.
AND WHEREAS there is no AFFILIATE
recruitment or enrolment fees.
NOW THEREFORE the parties
hereto agree with the following terms and conditions:
1.1.
Parties- SPARSS and the
AFFILIATE shall be collectively be called as “Parties” and shall include their
legal heirs, authorised representatives, administrators, executors,
partners/directors etc.
1.2.
Special
affiliate links- “Special Affiliate Links” are digital links provided by
SPARSS to the AFFILIATE meant to promote various products of SPARSS.
1.3.
Session- A “Session”
begins when a customer clicks through a Special Affiliate Link to SPARSS
website and ends when the customer places an order for a Product or multiple
products.
1.4.
Qualifying
purchases- “Qualifying Purchase” occurs when a customer clicks
through a Special Affiliate Link to SPARSS website and during that single
Session, the customer adds a Product or multiple products to his or her
shopping cart and places the order for that Product and the Product is shipped
to, and paid for by, the customer.
Provided, Qualifying
Purchases exclude any Product that, after expiration of the Session, is added
to a customer’s Shopping Cart.
2.
Rights and
Obligations of Parties
2.1
THAT SPARSS agrees
to- (i) provide the incentives to the AFFILIATE as per Schedule-I; (ii)
endeavour technical support service and guidance to the AFFILIATE upon such
requests.
2.2
However, SPARSS shall not be held liable for
indirect, incidental, special, consequential, or exemplary damages, including
but not limited to loss of revenue, profits, goodwill, use, or data, arising
out of or in connection with this agreement, or the service offerings, or any
other thing/s.
2.3
THAT the AFFILIATE
is entitled (i) for incentives for every Qualifying Purchases as per
Schedule-I; (ii) for referral incentives for sharing SPARSS products on its
social media as per Schedule-I; (iii) to nominate further sub-affiliate to
broaden its team for better performance and in such situation, their rights and
obligations shall be determined by the written directions of the AFFILIATE and
in absence of the same, their rights and obligations shall be determined as per
Schedule-I.
2.4
THAT the AFFILIATE further agrees that
all information provided by SPARSS including all types of marks i.e., its logo,
trademarks are proprietary intellectual property belonging solely and
exclusively to SPARSS. The AFFILIATE may only use such proprietary intellectual
property that may be permitted under this agreement.
3.
Privacy &
Confidentiality:
THAT both the parties undertake to maintain the secrecy and
confidentiality of the Confidential Information received from the other Party
throughout the duration of this Agreement and for a period of five (5) years
after its termination. This responsibility extends to all officers, employees,
or agents of the Party who have received and accessed the Confidential
Information.
4.
Margin Profits
4.1 While purchasing or product promotion, Affiliates margin
will be available in the dashboard.
4.2 Margin/Commissions withdrawals terms and conditions will
always be available in dashboard.
THAT agreement may be terminated by either party herein as
under-
(a)
By the AFFILIATE, if
SPARSS fails to fulfil its obligations under this agreement.
(b) By SPARSS, by giving a notice period of 30 days to the
AFFILIATE, if the AFFILIATE (i) fails to adhere to the guidelines or terms and
condition of this agreement; (ii) engaging in any
form of technical intervention, hacking, or unauthorized changes to website
information, including but not limited to tampering with code, altering
content, or compromising security measures, without explicit authorization from
SPARSS; (iii) engages in
or knowingly permits any activity that, in the opinion of SPARSS, would bring
SPARSS into bad-repute, without prejudicing his other rights.
6.
Dispute
Resolution:
4.1 THAT in the event of
any dispute or disagreement relating to or arising out of this Agreement,
including questions regarding its existence, validity, and termination, the
Parties shall first attempt to resolve the Dispute through mutual negotiation.
4.2 THAT in case resolution
cannot be reached within 30 (thirty) days of the mutual negotiation, parties do
hereby agree to get the same be resolved by way of Arbitration as provided
under the Arbitration and Conciliation Act, 1996. The arbitration shall be
presided by a sole arbitrator, who shall be an advocate. The scope of
arbitration shall be all disputes and differences arising of the agreement
except the infringement of intellectual property rights. The arbitration
proceedings shall be conducted in English. The seat of arbitration shall be at
Nanded (Maharashtra) or Delhi. The proceedings
may be conducted virtually, if any party so desires. The cost of the
arbitration shall be borne by both parties equally. The Parties also agree that
the arbitration award shall be final and binding upon them. The Courts of
Nanded (Maharashtra) only, shall have exclusive jurisdiction to decide any
issue related to arbitration.
7.
INDEMNITY
8.
Force Majeure:
THAT no Party shall be deemed to be in violation of this
Agreement if prevented from performing any obligations by reason of acts of God
or other acts of war, flood, storm, strikes, terrorism, epidemics, and the like
beyond the control of such Party. No party shall be required to act in
violation of law or regulation.
THAT with the passage of time, if any provision or part of
this agreement is found to be invalid, illegal, or unenforceable by a court of
competent jurisdiction in India, it shall be severed from the agreement without
affecting the validity, legality, or enforceability of the remaining
provisions. If any future government guidelines make any clause invalid,
illegal, or unenforceable, SPARSS shall not be liable and the parties agree for
suitable modification in the challenged part of the agreement.
10. Miscellaneous Declaration
9.1. THAT by agreeing to
the terms and conditions of this agreement, the AFFILIATE declares and
represents that he/she (a) independently evaluated the desirability of
participating in the program and is not relying on any representation,
guarantee, or statement other than as expressly set forth in this agreement;
(b) is lawfully capable of entering into contracts (e.g., not a minor) and will
comply with this agreement; (c) not to disparage and disrepute SPARSS or his
organization under any circumstances failing which may lead to legal
consequences; and (d) has purchased the course solely for commercial purposes
and not for self-employment or any other purposes. Further, the AFFILIATE
declares conscious renouncement, relinquishment, and waiver of all legal rights
(other than fundamental rights under constitution of India) and claims against
SPARSS.
9.2. THAT it is further
declared and agreed that the relationship between the AFFILIATE and SPARSS is
that of independent contractors. Nothing herein contained shall constitute the
AFFILIATE as an agent, legal representative, partner, subsidiary, joint
venture, franchisee or employee of SPARSS. The AFFILIATE shall not have any
right or power to, and shall not bind or obligate SPARSS in any way, manner or
thing whatsoever, to represent that he has any right to do so.
9.3. THAT this being
online agreement, it is agreed by the AFFILIATE that either by clicking the “I
agree” button, the formalities of the agreement is complied with.
9.4. THAT AFFILIATE also
declares that he has read all the terms and condition and have understood the
consequences and thereafter have signed the same at his free will and without
any coercion, by clicking “I agree” button meant for AFFILIATE. The agreement
is deemed to be signed by SPARSS.
9.5. THAT the AFFILIATE
shall have the liberty to call for physical hard copy duly signed by SPARSS
provided the AFFILIATE takes a print out of this agreement and send the same in
duplicate duly signed by AFFILIATE with a request to SPARSS to return one copy
duly signed by SPARSS.
I agree
(AFFILIATE)